Hearing AccomModations

The Office of Judicial Affairs recognizes that in certain types of cases (such as sexual misconduct and physical assault), participants may not feel comfortable with standard hearing procedures such as having all parties in the same room and asking/responding to direct questions. In order to protect all parties and to ensure due process rights, the Office of Judicial Affairs, or any participant in a judicial panel hearing, may request special accommodations. Outlined below are some of the typical hearing procedures that may be altered upon request, as necessary. If you have questions, concerns or other requests not listed below, please talk to the Judicial Advisor or the Judicial Officer. We will endeavor to make all reasonable accommodations. However, please understand there may be certain limitations due to space, technology and/or cost.

Release of your name and/or other personal information:

While it is one of the responding student’s fundamental rights to know the name of the reporting party, the names of any witnesses, and the content of the information they provided, the Office of Judicial Affairs can redact the name and personal information of a witness or reporting party from the documents that are provided to a hearing panel. Anyone with questions or who would like to request that personal information be redacted from hearing documents should talk to the Judicial Advisor or the Judicial Officer.

Participating by telephone vs. in person:

Both the reporting party and the responding student have the right to appear before the judicial panel considering the case. If the responding student, the reporting party or a witness would prefer to participate in the judicial panel hearing by phone (vs. in person), that person should talk to the Judicial Advisor or the Judicial Officer to discuss the pros and cons of that choice and the impact that choice may have on the case.

Seating Arrangements in Hearing Room:

The Office of Judicial Affairs can set up the hearing room so that parties are seated at a comfortable distance from one another. In addition, arrangements can be made to have one party in the room and the other on a speakerphone ( see sample form ). Anyone with questions or requests regarding the seating arrangements should talk with the Judicial Advisor or the Judicial Officer.

Questioning Format:

In judicial hearings, all questions must be appropriate, relevant, and civil. The responding student typically has the opportunity to ask such questions of the reporting party and any witnesses. Likewise, the reporting party has the right to ask questions of the responding student. In situations in which this would be unduly uncomfortable for any party, alternative arrangements can be made. Questions can be directed through a third party such as the Panel chairperson or Judicial Officer, or questions can be submitted to and phrased by this third party. Whenever alternative arrangements are made, the person articulating the question on behalf of a participant will ensure that the question being asked accurately reflects the participant’s intended question ( see sample form ).

Approved by the Board on Judicial Affairs, Spring Quarter 2004-05

Hearing Room - and Questioning Format (sample form)

Given the personal nature of this concern (insert if applicable: and recognizing that there is a court-ordered Temporary Restraining Order in place), the Office of Judicial Affairs is asking that you carefully consider your options in regard to where you and the other party will be seated during the Hearing on DATE, as well as the manner in which questions will be asked/responded to between the two of you.

There will be no value judgment placed upon your choices by the Office of Judicial Affairs or the panelists. The panelists will only be informed of the ultimate decisions, not any individual’s choices. We want each of you to feel as comfortable as possible and we want to ensure that this hearing is conducted in a fair and courteous manner that respects each of your rights under the Student Judicial Charter of 1997.

Please initial below your preference for HEARING ROOM; select either Option A or B.

NOTE: If either party chooses Option A, that will be the format for the hearing. Option B will only be used if both parties agree.

__________ Option A: During this hearing, the panel will be convened in the DOSA Conference Room with a speakerphone on the table. When it is my turn to address the panel, I will have the opportunity to be in the hearing room, with my support person, to address the panel face-to-face. The other party will be in a separate room, participating via a telephone conference call. The other party may address the panel and/or ask questions over the conference phone. I understand and agree that when it is the other party's turn to address the panel, that person and his/her support person will have the opportunity to be in the hearing room to address the panel face-to-face, and that I will be in a separate room participating via a telephone conference call.

At all times both parties will be able to hear everything all participants are saying.

_________ Option B: I agree to be in the Judicial Panel Hearing Room with the other party, under the following conditions: we will be on opposite ends of the conference table, possibly separated by a partition, and on the same side of the room (not facing each other). I understand and agree that we will enter and leave the room separately so that we will not come into direct contact with each other.

I understand that at any time during the hearing I may ask the Judicial Advisor to change the format of the hearing to Option A, and that my request will be granted.

Please initial below your preference for QUESTIONING FORMAT; select either Option C, D, or E.

Note: If either party chooses Option C, that will be the format for asking questions during the hearing.

If no one requests Option C and either party requests Option D, then this will be the format for asking questions.

Only if both parties request Option E will that be the format for asking questions.

_______ Option C: If I have questions for the other party, then, at the appropriate time, the panel will take a break. All parties will leave the room (except for the Judicial Advisor). When I have composed my questions, the panel will review them (and may ask that the wording be changed to ensure that the questions are relevant, appropriate, and devoid of intimidation and/or harassment). All parties will then return to the hearing room and the Chairperson will ask the questions. The same process will apply if the other party has questions for me.

________ Option D: If I have questions for the other party, then I will write them down and pass them to the Judicial Officer. The Judicial Officer may rephrase the question, if necessary, to ensure that the questions are relevant, appropriate, and devoid of intimidation and/or harassment. The other party will answer the question directly to the Judicial Panel. The same process will apply if the other party has questions for me.

I understand that at any time during the hearing I may ask the Judicial Advisor to change the manner in which questions are asked to Option C, and that my request will be granted.

_______ Option E: If I have a question for the other party, I may ask the question without directing my question through a third person. However, I will physically face the panel (not the other party) and I will only ask questions that are appropriate, relevant, and devoid of intimidation and/or harassment. I understand that the other party has the right to refuse to engage in self-incrimination and may choose not to answer my question. The same process will apply if the other party has questions for me.

I understand that at any time during the hearing I may ask the Judicial Advisor to change the manner in which questions are asked to either Option C or D, and that my request will be granted.

Judicial Affairs has reviewed and discussed with me the above options. I understand and agree that the following formats will be used during the hearing, unless I or the other party requests a change during the hearing. I understand that I may ask for a break whenever I need additional time to prepare and/or to consult with the Judicial Officer, Judicial Advisor or my personal adviser/support person.

HEARING FORMAT: ___________

QUESTION FORMAT: ___________

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Signature

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