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The Student Conduct Hearing Process:

A student accused of violating University’s sexual misconduct policies is subject to disciplinary action, which is adjudicated by the Student Conduct Hearing Panel (often called the Judicial Board or J-Board). It does not matter whether the incident occurred on- or off-campus. The maximum penalty for violations of the Code of Conduct is permanent expulsion from the University.

The University uses a panel of three to five people drawn from a pool of students, faculty members and administrators, all of whom receive regular and repeated training to serve in this role. In any cases involving sexual assault, only those panel members who have received additional, specialized training to deal with this kind of sensitive, confidential case will serve on those panels. Students are given the opportunity to object to specific panel members serving during their hearing, and every effort is made to replace members who might have a conflict of interest.

In the course of these hearings, panel members and student conduct administrators listen to information relevant to the complaint, hear testimony and may question all parties in the case. Students represent themselves in these hearings, but they may have the support person of their choice in attendance. Students who initiate cases are given the option of testifying via video or audio conference.

Panel members deliberate on the merits of the case and reach a conclusion based on the preponderance of evidence, which is consistent with Department of Education guidelines regarding sexual assault cases. When a student is found responsible of violating the University’s Standards of Personal and Group Conduct, the panel then determines the appropriate sanction. Once all students involved have been notified of the outcome of the case, they have a five-day period in which to file written appeals. If it is determined that there are grounds for an appeal and an appeal is granted, then both parties are offered the opportunity to provide written statements that are then reviewed by an appellate board. All rulings are subject to approval by the Vice President for Student and Educational Services. Sanctions cannot be increased or eliminated entirely. Sanctions range from requiring the completion of training modules relevant to their infraction all the way to permanent expulsion. Again, the final dispositions of all hearings are protected educational records under FERPA, and cannot be released to the public without the students’ express written consent.

The policies that guide this procedure can be found in the Policy Statements 2013-2014 for Students, Faculty and Staff, posted here:

Here is the specific Sexual Assault Policy (excerpted from the above Policy Statements guide):

More information is available from the President's Advisory Council Against Gender Based Violence and Student and Educational Services.

For further information on this release, contact:

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Frostburg State University
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Frostburg, MD  21532-2303

Telephone: 301-687-3171
Fax: 301-687-7589