An administrative hearing is a discussion between a respondent (the student or student organization alleged to be in violation of University policy through alleged misconduct) and a hearing officer.
Administrative hearings are conducted in private between the hearing officer and the respondent. The hearing officer determines responsibility or non-responsibility for a policy violation based on the preponderance of the evidence standard.
Administrative Hearing Notice
A respondent, defined as the student or student organization accused of alleged misconduct, will receive an administrative hearing notice letter and will be notified in advance by email regarding the administrative hearing.
The notice letter will provide a brief summary of the alleged incident, specify the policy violation(s) under consideration, and inform the student of the right to request a Community Standard Advocate (CSA). A CSA is a student or university staff member trained by OSCCS to advise respondents about the disciplinary process. The notice letter will also specify the date, time, appointment location, and the name of the assigned hearing officer for the administrative hearing. All administrative hearings are scheduled in accordance with the student’s academic schedule in Duke Hub.
If the respondent is unable to attend the scheduled administrative hearing due to class, work, or other University business, the respondent must contact the assigned hearing officer via email to request rescheduling as soon as possible. If the respondent does not initiate contact to reschedule, attendance at the scheduled date, time, and location specified in the notice letter is expected. Upon proper notice, if the respondent fails to attend the administrative hearing, the hearing officer may render a decision without the benefit of receiving the Respondent’s input.
Determination of Responsibility
Administrative Hearing Outcome
The hearing officer adjudicating an administrative hearing will evaluate all relevant information submitted by the respondent before and/or during the hearing process and determine appropriate outcomes according to the preponderance of the evidence standard. All decisions of responsibility for policy violations are based on this evidentiary standard. In determining appropriate outcomes, consideration may be given to the nature of and circumstances surrounding the violation, the Respondent's acceptance of responsibility, prior disciplinary violations, the impact on the broader university community, 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 in the University’s discretion. 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. If the Conduct Board panel determines responsibility based on the preponderance of the evidence standard, it may assign outcomes to a respondent that are lesser, identical, or greater than those originally assigned by the hearing officer in the administrative hearing.
Additionally, if a student's assigned disciplinary outcome has not been completed before taking time away from the University, the OSCCS 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 assigned administrative hearing outcome(s) or denies responsibility for violating University policy, the respondent may request a Conduct Board hearing by emailing conduct@duke.edu within the three-day deadline indicated in the received administrative hearing resolution letter. Conduct board panelists do not receive information regarding the outcomes assigned to a respondent during the administrative hearing that prompted the request for a conduct board hearing. If the Conduct Board panel determines responsibility based on the preponderance of the evidence standard, they may assign outcomes to the respondent that are lesser, identical, or greater than those originally assigned by the hearing officer in the administrative hearing.
REPORTING OUTCOMES TO COURSE INSTRUCTOR/FACULTY MEMBERS
Course instructors/Faculty members who refer students to OSCCS for Academic Dishonesty will receive an outcome notification containing pertinent case details for each student.
- Alleged violations and the corresponding findings of responsibility or non-responsibility
- All outcomes and deadlines assigned by OSCCS
Course instructors/Faculty members are responsible for determining appropriate grading outcomes for students who have been found responsible in an administrative hearing, provided the three-day deadline to request a conduct board hearing has passed, or in a conduct board hearing, provided the three-day deadline to request an appeal to the appellate board has passed.