Student Conduct Hearing - Benjamin Franklin Institute Of Technology

Student Conduct Hearing

The Conduct Process

A student who demonstrates unacceptable behavior, allegedly violating college policies,may be subject to disciplinary action. Reports of alleged violations will be provided to a designee of the Student Conduct system who will review the incident and determine an appropriate outcome based on the preponderance of the evidence.

Violations of established college policy may result in a range of educational sanctions from warning to college expulsion. The College views the conduct system as an educational opportunity to assist a student in making better decisions and respecting the College and the community members within.

Preponderance of the evidence

Since the hearing officer is never an eyewitness, they may never have absolute proof of what really happened. The best the hearing officer/conduct board can do is to be persuaded of what probably happened. The preponderance of evidence is used to base a decision during the conduct process and can be defined as – the lowest level of proof which typically means more likely than not.

Due Process

With any alleged violation of student conduct, all students shall be guaranteed basic due process procedural rights, including:

  • The right to be notified of alleged charges in writing
  • The right to an impartial conduct hearing or conduct hearing board
  • The right to present relevant evidence and witnesses in his or her defense

Conduct Resolution Process

The college believes it is in the best interest of the student and the BFIT community to resolve conduct matters quickly and rightfully by following the procedures outlined here. Complaints about questionable student behavior will be documented on an incident report form and submitted to the appropriate student conduct designee.

Based on the severity of the incident, or a continued potential threat to campus safety, the Conduct Hearing Officer may schedule the hearing as a Virtual Conduct Hearing via telephone, or web cam service. Students who are scheduled for a Virtual Conduct Hearing will be notified and be required to call in for the hearing, or receive a call from the college. Failure to participate in the virtual hearing will result in the case being hard with the students’ input.

 A. Individual Conduct Hearing

  1. Upon receipt of an incident report, the Conduct Hearing Officer will review the report and determine if any alleged violations have occurred.
  2. After reviewing the student’s class schedule, the Conduct Hearing Officer will notify the student via email of a conduct meeting to resolve the incident. The Conduct Hearing Officer will allow at least two (2) days notice for the scheduling of the meeting, unless the student asks for a different day or time due to an approved conflict, or if the seriousness of the matter determines a prompt response. It is the student’s responsibility to attend the schedule conduct meeting. Failure to attend (or to schedule an alternate meeting beforehand) will result in the case being heard without the student’s input.
  3. During the conduct meeting, the Conduct Hearing Officer will present the incident to the student and discuss the alleged violations and any responsibility of the student. The student is safe from self incriminating themselves and cannot receive any new charges as a result of what they tell the Conduct Hearing Officer.
  4. Based on the information from the report along with the testimony of the student, the Conduct Hearing Officer will determine, based on the preponderance of the evidence, if the student is responsible for each of the alleged charges.
  5. If the student is found not responsible, the alleged charges are dismissed. If the student is found responsible, the Conduct Hearing Officer will assign appropriate sanctions with due dates.
  6. The Conduct Hearing Officer will notify the student of the conduct decision in writing within 24 hours of the meeting. In the case of suspension or expulsion appropriate BFIT personnel will be notified.
  7. Students may appeal a decision rendered the Conduct Hearing Officer through the appeal process outlined below. The outcome of the appeal is final, and cannot be appealed further.