Student Guide to Judicial Hearings

The Board of Trustees of State Institutions of Higher Learning has the supervision of the affairs of The University of Southern Mississippi. This board has delegated the power and authority to the President of the University to maintain standards of academic achievement and student conduct. The Division of Student Affairs has the basic responsibility to administer the guidelines governing student conduct at the University.

The Student Judicial Council has original jurisdiction in all cases concerning violations of University regulations. However, accused students may choose to have their cases heard by the Dean of Students.

BEFORE THE HEARING

1. Meet with the Assistant Dean of Students for a pre-hearing interview. During the meeting, the Assistant Dean will review the charges and the hearing process with you. You will be asked whether or not you intend to call any witnesses and if you will have any advisor assistance. NOTE: You may bring an advisor to the hearing. An advisor may be a parent, another student, faculty/staff member, or an attorney. The advisor may not participate directly in the hearing but may consult with you during proceedings. You must let the Assistant Dean know of your intentions at the pre-hearing interview.

2. Review the specific charges being brought against you. You will receive a notice of hearing, which will describe the charges against you, list the witnesses for the University, and state the date, time, and place of the hearing. For clarification, read the "Code of Student Conduct" section in a current Student Handbook.

3. Prepare for the hearing by following these steps:

A. Gather as much evidence as possible. Look for direct, indirect, and circumstantial evidence that you may use in your hearing. Caution: Your evidence should be based on facts.

B. Determine whether you want to present witnesses on your behalf. NOTE: Accused students cannot be required to testify against themselves. The burden of proof rests with the complainant. However, you may choose to testify.

C. Notify your witnesses of the date, time, and place of the hearing.

D. Contact witnesses appearing in the hearing on your behalf. You should go over any questions you intend to ask the witnesses.

E. Know whether you intend to plead "guilty" or "not guilty" at the hearing. Be prepared to enter a plea to each charge that is written on your notice of hearing. You may plead guilty and address only the sanction if you wish.

F. Develop an opening statement for the hearing. Outline why you believe that you are not guilty, if that is your plea. NOTE: In cases where a student pleads guilty, the opening statement may indicate reasons for the behavior. Your statement may affect sanctioning decisions made by the Hearing Board.

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DURING THE HEARING

1. Show up on time to the hearing. If you do not provide good cause for a delay or absence, the hearing will proceed without you.

2. Present an opening statement. Be specific and brief. After opening statements have been given, the University will present its witnesses and evidence.

3. Question the University's witnesses after the board has questioned them. Once the University has presented all of its witnesses and evidence, you will be given the opportunity to call your witnesses and present your evidence.

4. Call your witnesses and present evidence. Present witnesses in a logical order so that their combined testimony will give a clear picture of what actually happened. NOTE: The Hearing Board may be permitted to ask questions of any witness. The Hearing Officer shall exercise control over the proceedings to avoid needless consumption of time and to achieve the orderly completion of the hearing.

5. Present a final statement to the Hearing Board after presentation of all witnesses and evidence. As in your opening statement, you should summarize all arguments briefly and clearly, and you should explain why you feel the evidence presented supports your claims.

6. Wait outside the hearing room while the board deliberates. Once all statements have been given, the board will meet in closed session to reach a decision of "guilty" or "not guilty." After deliberations, the Hearing Officer will call everyone into the room and read the decision of the board. NOTE: If you are found "not guilty," the hearing is over. If the board finds you guilty of any charges, go to step 7.

7. Present a statement to the board. This is an opportunity for you to make a statement with any considerations you think the board should consider before deciding on sanctions. NOTE: The board will once again deliberate in private while they decide your sanctions.

8. Return to the hearing room to learn the recommended sanctions. The decision and sanction will be submitted to the Dean of Students Office for review. A final written notice of the decision will be sent to you within seven business days from the date of the hearing.

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AFTER THE HEARING

1. Review the written decision, recommended sanction and the opinion of the Hearing Board.

2. Decide whether you wish to appeal. You should arrange an appointment with the Judicial Officer immediately following the hearing, if you are interested in an appeal, since the deadline for a written appeal is within 72 hours of written notification of the decision.

3. Write and submit a summary that states grounds for appeal within 72 hours from written notification of the decision. The appeal procedure is explained in the Student Handbook. The decision of a Hearing Board may be affirmed, modified, or remanded, with reasons, to the original Hearing Board.

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