8.1 When a case is referred to the Academic Integrity Committee for a hearing, the Office of Academic Affairs shall set a date and a location for the hearing and notify the charged student, the Committee, and relevant witnesses and participants.
8.2 Rules Governing Committee Hearings
8.2.1 Hearings shall be considered closed and confidential and are subject to FERPA regulations. All statements, information, or comments given during hearings shall be held in strictest confidence by Committee members, College staff, witnesses, advisors, and observers before, during, and after deliberation in keeping with relevant law and policy. The Office of Academic Affairs will record the hearing. The recording remains the sole property of Newberry College.
8.2.2 If any material facts are in dispute, relevant testimony of witnesses and other evidence shall be heard. The Dean, or designee and the Academic Integrity Committee may call and question witnesses. Character witnesses and/or testimony of character not directly relevant to the incident are not permitted.
8.2.3 A student charged with a violation of the Creed is responsible for presenting his/her own case.
- Students may have an advisor, approved by the Dean, who is a member of the Newberry College community.
- Students may not have advisors who are not members of the Newberry College community.
- Advisors cannot speak to the Committee or participate beyond advising the student in a quiet and dignified manner.
- Advisors or students who are disruptive, in the opinion of the Committee Chair, will be asked to leave and the hearing will proceed without their being present.
8.2.4 The Chair of the Committee, with the assistance of the Dean, or designee, will exercise control over the hearing to avoid needless consumption of time through repetition of information and/or to prevent the harassment or intimidation of participants. Any member of the Committee may require the Committee to go into private session to discuss and decide a matter by majority vote. The Chair can recess the hearing at any time. The Chair of the Committee shall ensure that all procedures are appropriately followed.
8.2.5 The charged student, and the Committee members shall have the right, within reasonable time limits set by the Chair, to present questions for witnesses who testify orally.
8.2.6 All hearings shall be conducted in an informal manner, and technical rules of evidence will not be applied. Witnesses (except for the charged student) shall be present during a hearing only during the time they are testifying.
8.2.7 The charged student
- shall have access to examine any evidence and has a right to review documentary evidence at least three (3) days before the hearing, barring exigent circumstances. The student must view the evidence in the Office of Academic Affairs.
- shall provide the Office of Academic Affairs with copies of relative evidence, statements, and a list of witnesses no less than three (3) days prior to the date of the hearing. A statement summarizing the relevant testimony of all witnesses must accompany the witness list.
- The Office of Academic Affairs reserves the right to limit the witness list. The Office of Academic Affairs reserves the right to prohibit the presentation of any witness testimony not submitted within these guidelines.
8.2.8 If the charged student fails to attend the committee hearing, the Committee will proceed with the hearing without the student’s participation.
8.2.9 A recording of the hearing shall be kept by the Office of Academic Affairs until any appeal has been concluded, or ninety (90) days from the date of the hearing, whichever is longer. No typed record shall be required. The recording is the sole property of Newberry College.
8.2.10 The charged student may request a duplicate copy of the recording at his/her own expense within a period of ninety (90) days from the date of the hearing.
8.2.11 After all information has been presented, the Committee shall meet in private to deliberate the case and reach its decision regarding responsibility. Decisions of the Committee must be by majority vote. If the student is found “Responsible” of violating the Creed, the Committee will hear any information concerning any past infractions by the student, which will be provided by the Dean. The Committee will then deliberate in private to determine appropriate sanctions.
8.2.12 The Dean shall be responsible for forwarding the decision of the Academic Integrity Committee to the charged student in writing. The letter from the Academic Integrity Committee shall consist of:
- Findings of the College Committee;
- Statement regarding the right to appeal and the appeal procedures.