A Conduct Board (CB) Hearing is comprised of a three-person panel (student, and university staff members) tasked with determining whether a student’s/student organization’s actions in an incident report constitute a violation of University policy and, if so, an appropriate response. In determining an appropriate response, consideration is given to the student’s/student organization’s interests as well as the University’s interest in maintaining high standards.
All CB Hearings are conducted in private. Any Respondents whose presence is required at a hearing will be excused from any other University's responsibility.
Respondents, complainants, advisors, and/or witnesses may not bring devices that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, streaming, etc.) into an in-person or virtual hearing room, unless authorized by OSCCS.
Hearing Panel, Roles, and Expectations
Respondents
Accused students/student organization are entitled to the following procedural rights in a conduct board hearing:
- to an equitable and impartial hearing;
- to be informed that the student/student organization is under investigation;
- to seek advice from a trained advisor made available by the University;
- to be given an opportunity to respond to allegations;
- to choose the extent to which the student/student organization shares information;
- to be notified of a hearing at least 120 hours (five days) in advance (notification will include the time, date and location of the hearing as well as names of hearing panel members and witnesses);
- to challenge any panel member if there is a significant conflict of interest;
- to know of and review in advance written information and allegations presented to the hearing panel;
- to be accompanied by an advisor to the hearing (who must be a University community member);
- to rebut any witness testimony presented against the student/student organization;
- to present additional witnesses or information at the hearing (the relevancy of which may be determined by the hearing facilitator before the hearing);
- to be found responsible only if the information meets a preponderance of evidence threshold; and
- to appeal based upon clearly stated grounds.
Complainants
Students serving as complainants are entitled to the following procedural rights when participating in a hearing before the Conduct Board:
- to be informed that the respondent is under investigation; to seek advice from anyone;
- to seek advice from a trained advisor made available by the University;
- to be given an opportunity to articulate relevant concerns and issues and offer evidence pertaining to allegations;
- to be notified of a hearing at least 120 hours (five days) in advance (notification will include the time, date and location of the hearing as well as names of hearing panel members and witnesses);
- to challenge any panel member if there is a significant conflict of interest;
- to know of and review in advance written information and allegations presented to the hearing panel;
- to be accompanied by an advisor to the hearing (who must be a member of the University community [defined below]
- to an equitable and impartial hearing;
- to present additional witnesses or information at the hearing (the relevancy of which may be determined by the hearing panel)
Witnesses
Witness Notification and Pre-Hearing Requirements
Except under extraordinary circumstances, the Respondent and Complainant must notify the OSCCS Conduct Board Hearing Facilitator at conduct@duke.edu no later than 120 hours (5 days) before the scheduled Conduct Board hearing and provide the following:
- The name and contact information of each proposed witness, along with a summary of the witness' expected testimony.
- Confirmation that each proposed witness is available for the entire duration of the scheduled Conduct Board hearing.
- Each proposed witness shall provide their availability during regular business hours to participate in a mandatory 30-minute virtual or in-person pre-hearing meeting with the OSCCS Conduct Board Hearing Facilitator. The pre-hearing meeting must take place between the witness submission deadline and the scheduled Conduct Board hearing.
The purpose of the pre-hearing meeting is for the OSCCS Conduct Board Hearing Facilitator to review witness expectations, explain hearing procedures to ensure that the scheduled conduct board hearing proceeds as scheduled and within the allotted timeframe.
Failure to Participate (CB Hearing Witness)
Participation in the required pre-hearing meeting with the OSCCS Conduct Board Hearing Facilitator is a condition of witness participation in a Conduct Board hearing. Any approved witness who fails to participate in the pre-hearing meeting will be ineligible to provide their testimony during the hearing.
Further, if an approved witness is contacted by the Conduct Board Hearing Facilitator to provide testimony during the scheduled hearing and is unavailable or declines to participate at that time, the Hearing Panel will proceed without the witness’s testimony. The absence of the witness will not constitute grounds for delaying, recessing, or postponing the hearing.
Electronic Devices
A Respondent, complainant, advisor, and witnesses are prohibited from bringing any electronic devices that capture or facilitate communication (such as computers, cell phones, audio or video recorders, streaming devices, or smart-glasses) into an in-person or virtual hearing room unless specifically authorized by OSCCS.
OSCCS will make an audio recording of the conduct board hearing to be kept on file for three years and is only available for OSCCS and the appellate board. Reasonable care will be taken to create a quality audio recording and minimize technical problems; however, technical problems that result in no recording or an inaudible one will not be a valid argument for appeal.
Conduct Board (CB) Hearing Procedures
The general course of procedure for a CB hearing is as follows:
- Introductions;
- Opening comments from the complainant(s) (if applicable);
- Opening comments from the respondent;
- Questions from the CB panel to Respondent;
- Testimony/questions of other material witnesses (if applicable);
- Closing comments from the complainant (if applicable);
- Closing comments from the Respondent;
The panel may impose time limits on any stage of the procedure. The panel may also determine the relevance of any witness or information to be presented and/or considered by the hearing panel.
Information To Be Considered By the Panel
If the panel needs additional information during a hearing, such as verification of a fact at issue, an expert opinion, etc., the panel may request such information and may suspend its decision until such information is obtained. The respondent will have the right to respond to any additional information that is to be used in considering an outcome.
Determination of Responsibility
All decisions of responsibility for policy violations in a conduct board hearing are based on the preponderance of evidence standard. All outcomes must be decided by majority vote with the exception of suspension or expulsion of an individual or de-recognition of a student organization. The outcomes of suspension or expulsion of a student or de-recognition of a student organization must be supported by a unanimous vote by the panel.
In determining appropriate outcomes, the panel will consider all relevant, including documentation, and expressions of opinion before and/or during the hearing, 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 panel.
REPORTING OUTCOMES TO COURSE INSTRUCTOR/FACULTY MEMBERS
Course instructors/Faculty members are responsible for determining appropriate grading outcomes for students who have been found responsible in a conduct board hearing, provided the three-day deadline to request an appeal to the appellate board has passed.
NOTIFICATION TIMELINE OF CONDUCT BOARD HEARING OUTCOME
OSCCS has the authority to extend timelines for a reasonable period of time on a case-by-case basis for good cause. In the case of an extension, OSCCS will notify the affected parties of the extension, including the reason(s) for the extension. Examples of good cause may include but are not limited to the complexity of the case, delays due to holiday or academic breaks, the unavailability of parties or witnesses, and inclement weather or other unforeseen circumstances.
Generally, within five (5) business days of the conclusion of the hearing, the panel chair and/or the hearing officer, will provide the parties with verbal notification of the hearing outcome. Within ten (10) business days of the conclusion of the hearing, the parties will be provided with written notification of the hearing outcome. The written hearing outcome will contain a brief explanation of the panel’s reasoning. The phrase “business days” refers to those days ordinarily recognized by the Duke administrative calendar as workdays. Unless otherwise indicated as “calendar days,” all timeframes in these procedures refer to business days.