1. The accused student shall be advised in writing of the specific charges in sufficient time to prepare for a hearing.
   
2. The accused student may request a copy of the Incident Report prior to a hearing.
   
3. The time for an administrative hearing shall be set by the judicial officer after consultation with the accused. (This usually is done by the accused student making an appointment with the judicial officer.)
   
4. The accused student has the option to request a hearing with a judicial board if their initial meeting is with an administrative officer.
   
5. The accused student may admit responsibility for the charge(s) at either an administrative or board hearing.  When the accused admits responsibility during an administrative hearing, s/he may request sanctioning by a judicial board or judicial officer.
   
6. The time for a judicial board hearing shall be set by the advisor of the board.  Usually the accused student is given five (5) class days advance notice.  Hearings may take place sooner with the agreement of both the accused student and the person who initiates the complaint (complainant).
   
7. In board hearings involving more than one accused student, separate hearings shall be allowed upon request.
   
8. Judicial board hearings shall be private unless an open hearing is requested by both the accused and the complainant.  This request must be made to the hearing body advisor at least twenty-four (24) hours in advance of the set hearing date and time.  The hearing body has the right to convene in physical isolation with media transmission of proceedings.
   
9. At board hearings either the accused student or complainant may challenge the seating of one (1) hearing body member.  A challenge constitutes removal. Members removed by challenge shall be considered present when determining quorum.
   
10. At board hearings both the accused student and complainant shall be given an opportunity to testify ant to present evidence and/or witnesses.  Witnesses for either party shall be subject to questioning by the board and the other party.  The burden of proof rests with the complainant.  The accused student may not be presumed responsible for a violation for refusing to answer a question.
    
11. At board hearings, witness testimony may be in writing only if the written statement is signed by the witness in the presence of two university staff members, who must also sign the document.
    
12. After a finding of responsibility, subsequent sanctioning may not be based solely upon the failure of the accused to appear at a hearing. In such case, the evidence in support of the charges shall be considered.
    
13. The academic advisor of students placed on disciplinary probation may be notified and asked to help redirect the students behavior.  The parents (or other significant party) of dependent students may also be notified when a student is placed on disciplinary probation.
    
14. The decisions of the judicial hearing officer/board normally are final.  However, all such judicial actions, including those of the Student Conduct Committee, are subject to review as described below.
    

Appeal Process

Appeals of judicial officer/hearing body actions/sanctions may be made by either side.  Appeals shall be made in writing using the SDSU Appeal form.  Any appeal shall be made within five (5) class days of the decision of the judicial officer/hearing body, and shall be based upon the:

A.     severity of the sanction, and/or

B.     introduction of new evidence, and/or

C.     lack of procedural due process.

(See Section 01:11:19, Section 01:15:14 and Section 01:16:09 of the SDSU Student Code.)

The judicial procedures which have been described in this document are authorized by the SDSU Student Code which, in turn, is authorized by South Dakota Codified Law 13-49-1 and the South Dakota Constitution, Article XIV, Section 3; Law implemented: SDCL 13-53-4, 13-53-5.