Canisius College

The following procedures apply when a complaint has been directed to the Community Standards Board. 

1.  Composition of the Community Standards Board and Hearing Panel 

The Community Standards Board shall comprise 21 members of the Canisius College Community.  Seven shall be faculty members appointed by the Vice President for Academic Affairs.  Seven shall be administrative and support staff appointed by the appropriate Vice President.  The remaining seven shall be students appointed by the Undergraduate Student Association in consultation with the Dean of Students.

The Dean of Students or designee (hereafter known as the Hearing Panel Coordinator) shall assign a hearing panel from the Community Standards Board.  A hearing panel shall comprise seven members. At least two members of each hearing panel shall be students. If sufficient members of the Community Standards Board are not available to create a panel, the Hearing Panel Coordinator may appoint interim members of the Community Standards Board for the purpose of serving on the hearing panel.

2. Pre-Hearing Procedures

A. Complainant

A complaint alleging a violation of the Community Standards shall be filed in writing with the Hearing Panel Coordinator.  The complainant shall have a pre-hearing meeting with the Hearing Panel Coordinator to discuss the following: the hearing process, the complainant’s responsibilities while preparing for the hearing, and the available services. At the pre-hearing meeting: 

a. The complainant shall be informed that an advisor may be obtained to provide assistance while preparing for the hearing and to be present at the hearing.
b. The role of the advisor shall be explained.
c. The complainant shall be informed that if he or she chooses to have an advisor during the hearing process, the name of that advisor shall be presented to the Hearing Panel Coordinator as soon as possible, and not less than two business days prior to the scheduled hearing.
d. The permitted types of witnesses and information shall be explained.
e. The complainant shall be informed that if he or she chooses to present witnesses and/or written statements, the names of all  witnesses and/or copies of the statements shall be presented to the Hearing Panel Coordinator not more than two business days after the pre-hearing meeting.
f. The complainant shall be informed of the opportunity to present a statement about the incident in question at the hearing.
g. The process of the hearing shall be explained.
h. The complainant shall be informed of the availability of the Hearing Panel Coordinator to answer any procedural questions pertaining to the hearing.

The complainant shall be responsible for securing an advisor and determining and contacting appropriate witnesses prior to submitting their names to the Hearing Panel Coordinator. 

B. Respondent

The respondent shall be notified in writing of the complaint alleging a violation of the Community Standards not more than two business days after the complaint has been filed.  A scheduled pre-hearing meeting shall be indicated in the notification letter.  During the pre-hearing meeting the respondent shall be notified of the options for responding to the complaint.  The respondent shall file the response to the complaint not more than one business day after the pre-hearing meeting.  Failure to respond shall not be considered an admission of responsibility; however, the hearing process shall proceed.

The respondent shall have a pre-hearing meeting with the Hearing Panel Coordinator to discuss the following: the hearing process, the respondent’s responsibilities while preparing for the hearing, and the available services. At the pre-hearing meeting:

a. The respondent shall be informed that an advisor may be obtained to provide assistance while preparing for the hearing, and to be present at the hearing.
b. The role of the advisor shall be explained.
c. The respondent shall be informed that if he or she chooses to have an advisor during the hearing process, the name of that advisor shall be presented to the Hearing Panel Coordinator as soon as possible, and not less than two business days prior to the scheduled hearing.
d. The permitted types of witnesses and information shall be explained.
e. The respondent shall be informed that if he or she chooses to present witnesses and/or written statements, the names of all  witnesses and/or copies of the statements shall be presented to the Hearing Panel Coordinator not more than two business days after the pre-hearing meeting.
f. The respondent shall be informed of the opportunity to present a statement about the incident in question at the hearing.
g. The process of the hearing shall be explained.
h. The respondent shall be informed of the  availability of the Hearing Panel Coordinator to answer any procedural questions pertaining to the hearing.

The respondent shall be responsible for securing an advisor and determining and contacting appropriate witnesses prior to submitting their names to the Hearing Panel Coordinator.

C. Advisors

The complainant and respondent may be advised by any member of the Canisius College Community. Advisors may be present during the hearing; however, advisors shall not address the hearing panel or question witnesses.

D. Hearing Panel Preparation

The hearing panel shall receive all written materials prior to the scheduled hearing. The hearing panel shall meet before the scheduled hearing in order to review the complaint and prepare for the process of the hearing.

In order to preserve the fairness and integrity of the judicial process for a particular complaint, a member of the hearing panel may request to be excused by notifying the Hearing Panel Coordinator not less than four business days prior to the hearing.  If a hearing panel member is excused, the Hearing Panel Coordinator shall select another member of the Community Standards Board to serve on the hearing panel for that complaint. 

E. Notification of Hearing Panel Members

The complainant and the respondent shall be informed of the names of the members of the hearing panel scheduled to hear the complaint not fewer than three business days prior to the hearing.  The complainant and/or the respondent may object to the membership of the hearing panel only for reasons of official or personal conflict.  Objections shall be submitted in writing to the Hearing Panel Coordinator not fewer than one business day after receiving the names of the hearing panel members. The Hearing Panel Coordinator shall make the final determination about panel membership.

F. Scheduling the Hearing

A hearing shall be scheduled to take place not less than five nor more than twenty business days after the respondent has been notified of the complaint.  The availability of the hearing panel members shall be the first consideration when scheduling the hearing.  The scheduling of the hearing shall take into consideration only scheduled classes. Normally, the hearing shall proceed without regard to pending civil or criminal litigation. 

Established time limits for scheduling of hearings may be altered at the discretion of the Hearing Panel Coordinator.

3. Hearing

A. Attendance

The hearing shall be private and closed and shall be attended only by members of the hearing panel, the complainant, the respondent, their advisors, their witnesses and the Hearing Panel Coordinator. In hearings involving more than one respondent, the Hearing Panel Coordinator, in his or her discretion may permit the hearings concerning each respondent to be conducted either separately or jointly.

The Hearing Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, respondent and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Hearing Panel Coordinator.

B. Hearing Panel Coordinator

The Hearing Panel Coordinator shall be available to the hearing panel for consultation regarding procedure and/or sanctions at any time during the hearing, including the deliberations.  The Hearing Panel Coordinator may request that the chair recess the hearing at any time.

C. Record of the Hearing

A single verbatim tape recording of the hearing shall be made by the Hearing Panel Coordinator. Deliberations shall not be recorded. No other recording shall be made.  This record shall be confidential and shall be the property of the College.  It shall be maintained in the Office of Student Affairs for seven years. The recording shall be available to the complainant and respondent for use only during an appeal and only in the Office of Student Affairs.

D. Role of the Panel Chair

The chair of the hearing panel shall preside over the hearing and shall be responsible for governing the hearing procedure.  All procedural questions shall
be subject to the final direction and discretion of the chair.

The chair of the hearing panel shall introduce members of the hearing panel and ask all hearing participants to identify themselves.

All statements and questioning shall be at the direction and discretion of the chair.  The chair may limit or exclude the statements or questioning of any hearing participant to the extent that such statements or questioning is repetitive of matters previously presented or is not relevant to the incident in question.

The chair may recess the hearing at any time.

4. Hearing Procedures

A. Process

a. The chair shall make opening remarks.
b. The complainant shall have the opportunity to present a statement about the incident in question. The respondent shall then have the opportunity to present a statement about the incident in question. 
c. After the statements by the complainant and the respondent, members of the hearing panel shall have the opportunity to question both the complainant and the respondent. The complainant and the respondent shall have an opportunity to question each other.  Only questions relevant to the alleged incident, and not repetitive of the hearing panel’s questioning, shall be allowed.
d. The complainant shall be offered the opportunity to present pertinent records, exhibits and written statements (including student impact statements)relevant  evidence and witnesses, one at a time, in accordance with the explanation provided during the pre-hearing meeting.  Members of thehearing panel shall have the opportunity to question at the conclusion of each witness’ statements. The complainant and respondent shall have the opportunity to question at the conclusion of each witness’ statements. The chair shall permit witnesses to be present in the hearing room only during their statements.
e. The respondent shall be offered the opportunity to present, one at a time, pertinent records, exhibits and written statements (including student impact statements) in accordance with the explanation provided during the pre-hearing meeting. Members of the hearing panel shall have the opportunity to question witnesses at the conclusion of each witness’ statements. The complainant and respondent shall have the opportunity to question witnesses at the conclusion of each witness’ statements.
f. Members of the hearing panel shall have the opportunity to ask final questions. Prior to deliberations, the complainant and the respondent shall be asked if they have any other statements they wish to present. 
g. After the presentation of all statements, witnesses and evidence, and subsequent questioning, the chair shall call the board to deliberate.  The chair shall direct the complainant and respondent to leave a contact phone number with the Hearing Panel Coordinator so that they may be contacted at the conclusion of the deliberations.  The Hearing Panel Coordinator shall excuse the complainant, the respondent, and their advisors.
h. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Community Standards proceedings.

B. Deliberations

Normally, deliberations shall be carried out and completed immediately following the hearing.  Deliberations shall take place in private, with only the members of the hearing panel present.  The Hearing Panel Coordinator shall be available to the hearing panel during the deliberations for consultation regarding procedure and sanctioning.  Deliberations shall not be tape recorded.

C.  Decision 

Upon hearing all statements and after deliberations, the hearing panel shall either dismiss the complaint or find the respondent responsible for violating the Community Standards.

Determinations of responsibility shall be made on the basis of whether it is more likely than not that the respondent violated the Community
Standards.  A respondent shall be presumed not responsible for a violation of the Community Standards until it has been demonstrated that it is more likely than not that the student committed the violation. Final decisions shall reflect the majority opinion of the hearing panel.  Names of board members shall not be attached to the final decision and the vote shall not be made public.

If the hearing panel determines that the respondent shall be considered responsible for a violation of the Community Standards, it shall then be their responsibility to determine an appropriate sanction.

The Hearing Panel also has the right to consider the behavior of the complainant in connection with the incident and to make any appropriate recommendations with respect to the complainant.  To encourage reporting of sexual misconduct complaints, however, the complainant in such cases may not be found responsible for violations of the Community Standards in connection with the incident.  Even though the complainant in a sexual misconduct case may not be found responsible for a violation, the Hearing Panel may make appropriate recommendations with respect to the complainant (including educational programs).

D. Communication/Implementation of Decision

The chair, upon the panel’s reaching a decision, shall notify the Hearing Panel Coordinator to request that the complainant and the respondent meet with the hearing panel.  The chair, with the hearing panel present, shall first inform the respondent and then the complainant of the decision and recommendation for sanction. 

The chair and the Hearing Panel Coordinator shall be responsible for providing written notification to the complainant and the respondent not more than two business day after the decision is rendered. 

If no appeal is filed, the sanction of the hearing panel shall be imposed.

E. Appeals

Requests for appeals of decisions of the Hearing Panel are directed to the Vice President for Student Affairs (Vice President for Academic Affairs involving academic integrity).  Requests for appeals shall be made in writing within two business days of the written decision.

In the written appeal, it shall be the responsibility of the student pursuing the appeal to provide evidence of one or more of the following grounds for appeal:

a. the original hearing was not conducted in conformity with prescribed procedures.
b. the facts in the case were not sufficient to establish that a violation of the Community Standards occurred.
c. the sanction imposed was not appropriate for the violation of the Community Standards for which the student was found to be responsible.   
d. the existence of new relevant facts, sufficient to alter the decision, not brought out in the original hearing, which could not have been known to or available to the appellant at the time of the original hearing. 

The Vice President may review the single verbatim recording of the hearing, the written appeal, and documents pertaining directly to the grounds for appeal, and a decision regarding the appeal shall be render not more than five business days after the end of the hearing. 

If an appeal is granted by the Vice President, the following determination may be instituted: 1) the sanction may be replaced with another which may be more severe, less severe, or otherwise different; 2) the matter may be remanded to the original hearing panel for reconsideration of the original determination and/or sanction; or 3) the matter may be directed to a new hearing panel for a new hearing.

If the Vice President finds no merit to the appeal, the decision of the hearing panel shall stand. 

During the appeal process the imposition of the sanction(s) shall not occur; however, the Vice President may impose limitations or conditions on the appealing respondent’s continued relationship with the College during the appeal process.