Hearing Procedures
Conduct Board hearings at Mississippi State University are hearings to arrive at decisions regarding student behavior.
These decisions affect the student and his/her relationship with the university. The administration of discipline is an educational process and procedures will be determined by educators. Such procedures will give full cognizance to the tests of fairness and justice, and the requirements of due process. At disciplinary hearings, technical rules/evidence applicable to civil and criminal cases shall not apply.
Rules and procedures for conducting disciplinary hearings are as follows:
- Conduct board hearings are of a private, confidential nature. They are closed to the public, unless opened by agreement of both the charged party and the hearing chair.
- The hearing is presided over by a chair of the hearing body.
- The format of a hearing will follow this sequence:
- The presiding officer will read the charges.
- A call is made for the plea of the accused to the charges. The accused may plead responsible, not responsible, or no plea.
- Information will be presented against the accused which may include testimony of witnesses and supporting information on the charges. The accused may ask questions of the witnesses or question the information presented.
- The accused may present a response which may include testimony of witnesses and supporting information.
- All witnesses will be called separately and may not hear each other's testimony.
- Examination and questioning by members of the board may follow any witness statement or information presented.
- The board will go into closed session to decide whether the accused is responsible for a violation of the Code of Student Conduct. These deliberations will be closed to all but the members of the board and non-voting representation from the Dean of Students' Office.
- The accused will be called back into the room and the decision of whether the accused is responsible for a violation of the Code of Student Conduct is announced to all present at the hearing. If the accused is found to be responsible, the accused may make a statement in his/her behalf regarding the sanction.
- The board will go back into closed session to consider the sanctions. These deliberations will be closed to all but members of the board and representation from the Dean of Students' Office.
- The board will present a written finding and the recommended sanction(s), if any, to the Dean of Students' Office who will in turn so inform the accused in writing as soon as possible. This recommendation will be used by the Dean of Students' Office in the final determination of sanctions, but ultimately the Dean of Students' Office has sole discretion in the application of sanctions for students, student groups, or student organizations found responsible for violating the Code of Student Conduct.