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At a pre-hearing conference (for panel hearings) or before the hearing gets underway (for administrative hearings), the student may be asked whether the student wishes to waive the hearing by acknowledging responsibility.
In addition, the outcome of civil or criminal proceedings concerning a violation will not control or be binding on the outcome of the Conduct Review Process for the same violation.
Panel hearings are conducted in front of a panel made up of 3 trained panelists.
In both cases, the role of the hearing officer or panel is to consider information provided from the investigation, respondent and, to the extent necessary, any complainants or witnesses, in order to make a finding of “responsible” or “not responsible.” More serious violations that may result in a sanction of dismissal or suspension, and violations of academic integrity, are referred to a panel hearing, while less serious violations are referred for an administrative hearing.
When an incident report is referred for a hearing, the student will receive a notification describing the alleged violation and indicating the time and place for the hearing or pre-hearing conference.
Students have the right to access their education records under certain conditions (see Family Educational Rights and Privacy Act for university policies on access to and release of student records).
There are 2 types of hearings at Johnson & Wales: administrative hearings and panel hearings.
Administrative hearings are held before a single hearing officer from Residential Life or Student Conduct, depending on the nature of the violation.The university administers the Conduct Review Process in good faith, making every reasonable effort to be fair to all involved.Students have the right to participate in the Conduct Review Process without having past student conduct violations discussed or used when a decision of responsibility is being made concerning a current alleged violation; however, past violations may be considered when determining a sanction for an individual found to be responsible for a violation of the Student Code of Conduct.If there is a legitimate conflict of interest related to the advisor, Student Conduct reserves the right to disqualify an advisor.The student would then be required to obtain a new advisor.Any individual who witnesses or becomes aware of an alleged violation of the Student Code of Conduct should report the violation to Campus Safety & Security, any member of the Residential Life staff, the dean of students or Student Conduct.