75 NSU STUDENT HANDBOOK 2022-23 3.5.3.1. Hearings shall be conducted in private. Witnesses other than the complainant and the respondent may only be present during the hearing while presenting their information. 3.5.3.2. The Chair shall have sole discretion and final decision-making authority over the following: • Whether an individual’s conduct interferes with the hearing and requires that individual’s removal; • Whether written information, materials, documents, and statements submitted are relevant and will be accepted for consideration by the Student Conduct Panel; • All questions about the interpretation of the student conduct process; and • Whether to have separate or joint hearings when a hearing would involve more than one respondent; 3.5.4. Neither the complainant nor the respondent are required to attend or participate in the hearing, and such decision will have no bearing on the question of whether the respondent violated the Student Code. 3.5.5. The respondent has no obligation to provide any information, materials, documents, or witnesses, or answer any questions and is presumed to not have violated the Student Code. The burden is on the Institution to gather sufficient evidence to reach a fair, impartial determination as to whether the alleged violation of the Student Code occurred. 3.5.6. If the complainant or respondent wants the Student Conduct Panel to review any materials or documents or wants to present any witnesses at the hearing, such materials and documents and/or witness lists must be submitted to the Chair by the following deadlines in order to be considered: • In matters alleging Human Rights violations, all materials and documents and/or witness lists must be submitted at least seventy-two (72) hours before the hearing. Additionally, a copy of the final report prepared by the Title IX/EEO Coordinator will be provided to the complainant, respondent, and the Student Conduct Panel members. • For all other matters, all materials and documents and/or witness lists must be submitted at least twenty-four (24) hours before the hearing. The Chair will promptly provide the other party and the Student Conduct Panel members a copy of any materials, documents, and witness lists submitted. 3.5.7. The complainant and the respondent have the right to be assisted by an advisor of their choice, at their own expense. Ordinarily, no more than two advisors for each student shall be permitted. The advisor is limited to advising the student directly, and is not permitted to speak to anyone else, or participate directly, in any hearing. 3.5.8. The Student Conduct Officer shall record the audio of the hearing. 3.5.9. Generally, the hearing will be conducted in the following order: 3.5.9.1. The Chair will ask each individual present at the hearing to identify him/herself by providing his/her name and role at the hearing (e.g., complainant, respondent, member of the Student Conduct Panel, etc.). 3.5.9.2. The Chair will remind the respondent: • Of the materials that the Student Conduct Panel received prior to the hearing; • Of the right to have an advisor present;
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