An administrative hearing is a discussion between a student/student organization alleged to be in violation of university policy and a hearing officer. Students/student organizations will be notified by e-mail of the specific policy violation (s) under consideration in advance of an administrative hearing. Administrative hearings are conducted in private between the hearing officer and the respondent (the person accused of the alleged misconduct). An administrative hearing at the university is not a trial and does not follow the same rules of procedure and evidence as those used in a court of law (such as the standard of "beyond a reasonable doubt"). 

Notice 

A respondent (the person accused of the alleged misconduct) will receive an administrative hearing notice letter, typically via email. The notice letter will include a brief summary of the alleged incident and the policy violation(s), and the student’s right to request a Conduct Board Member (a staff member or student who has been trained to answer a student/student organization question about the disciplinary process). 

The notice letter will also consist of a date, time, appointment location, and the name of the assigned hearing officer for the administrative hearing. All administrative hearings are scheduled based on a student’s academic schedule in the Duke Hub database.

If a student cannot attend their scheduled administrative hearing due to class, work, or other university business, the student is expected to contact their assigned hearing officer via email to set up a new administrative hearing appointment. If a student does not contact their assigned hearing officer to reschedule, it is expected that a student will be present at the scheduled date, time, and location outlined in their notice letter.   

Upon proper notice, if the student/student organization fails to attend the administrative hearing, the hearing officer may make a decision without the benefit of receiving the student’s input. 

Hearing Officer

A staff member from the Office of Student Conduct and Community Standards or designee serves as a hearing officer.

Witness

The hearing officer may request the presence of any witness with pertinent information about the alleged policy violation.  Character witnesses are not permitted. If a witness is unidentified or unavailable to meet separately with the hearing officer, the witness’s statement may not constitute a sole or substantial basis for determining responsibility

Electronic Devices

A respondent, complainant, or witness may not utilize electronic devices, recording, streaming devices, or any method of capture to  that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, etc.) into any administrative hearing/meeting with the hearing officer.

Student Disability Access Office (SDAO) Accommodations 

If you are a student who may need accommodation during any aspect of the conduct process, it is strongly encouraged that you formally submit your accommodation request through the Student Disability Accommodations Office (SDAO) Accommodate Student Portal via this website, and notify the Office of Student Conduct & Standards (OCCS) via email at conduct@duke.edu once your request has been submitted to ensure proper coordinate and equitable access throughout the conduct process.  

Administrative Hearing Procedures

The general course of procedure for an administrative hearing is as follows: 

The hearing officer will review the incident report and any evidence with the student/student organization and give the student/student organization an opportunity to respond​. After the student/student organization responds, the hearing officer will determine whether the student/student organization is responsible for the alleged policy violation and, if so, issue (an) appropriate outcome(s). 

A student/student organization has the following rights during an administrative hearing:

  1. To be informed of the alleged policy violation (s)
  2. To be heard and give their perspective to the hearing officer
  3. To receive advisement on alleged policy violation
  4. To provide the contact information for a witness who was present before, during, or after the alleged incident
  5. To submit evidence 

Outcome

The hearing officer will consider all relevant information provided before and/or during the hearing and determine appropriate outcomes based on a preponderance of  evidence. All decisions of responsibility are based on the standard of preponderance of  evidence. In determining appropriate outcomes, consideration may be given to the nature of and circumstances surrounding the violation, the student’s/ student organization ’s acceptance of responsibility, prior disciplinary violations, the impact of an outcome on the student/student organization , precedent cases, university interests, and any other information deemed relevant by a hearing officer.  

If a student elects to take a voluntary time away from the university after being notified of a possible violation as a respondent in the conduct process, but before or after receiving a disciplinary outcome, the conduct process and any associated outcome may be paused. The University reserves the right to resume the conduct process, reissue the disciplinary outcome, and/or reimpose any incomplete sanctions upon their re-enrollment at the university. 

Additionally, if a student's assigned disciplinary outcome has not been completed before taking time away from the university, the Office of Student Conduct & Community Standards reserves the right to reestablish the original deadlines in the administrative hearing resolution letter upon the student’s return, or may set new deadlines at its discretion. 

 If a respondent does not accept the administrative hearing resolution, the student/student organization  may request a hearing before a panel of the Conduct Board (CB) by emailing conduct@duke.edu by the stated deadline. 

Reporting Outcomes to Faculty

Faculty who refer students to the OSCCS for Academic Misconduct cases will receive a notice of the final outcome of the student's case to include:

  • Alleged violation and corresponding finding: responsible or not responsible
  • All OSCCS issued outcomes and deadlines

Faculty will determine grade outcomes for students found responsible after being referred to OSCCS. Students may request that their academic dishonesty outcome be kept  private.