Information about Formal Hearings

What is the difference between a disciplinary conference and a formal fearing? The initial meeting with the Interim Assistant Dean of Students serves as the disciplinary conference. The majority of cases are resolved during this initial meeting. A formal hearing may be scheduled under any of the following circumstances: the student does not agree with the decision or outcome of the Disciplinary Conference or the student fails to make an appointment. Regardless of a student's plans to attend CSUSM in the future (for example, if a student is academically disqualified in the midst of the student conduct process), an outcome must still be decided on. If a student is not enrolled, the case will not be dropped.

Can I have an attorney represent me for either the disciplinary conference or the formal hearing?
Executive Order 1098 gives the university the option of using attorneys. The president of CSUSM has decided that attorneys will not be used for the hearing process.  Both the student and the conduct officer may have an advisor for the formal hearing. See Executive Order 1098 for more information, or the CSUSM Policy on Exclusion of Attorneys in Student Disciplinary Proceedings.  

Can I have an advisor attend the formal hearing and what is their role?
The advisor will be there to help prepare you for the hearing and to help you present your case. Your advisor can ask questions for you and advise you of what questions to ask.

Who can I have for an advisor?
The person that you choose for an advisor can be a professor, a staff member, or someone from off-campus, excluding witnesses.

What is considered evidence?
Documents provided by the student and/or testimony that witnesses can provide that are relevant to the case.

What if I change my mind and I want to accept the recommendation that was offered to me during the disciplinary conference?
At any time before or during the hearing, you may decide to accept the sanctions offered from the Settlement Agreement. 

Am I found automatically responsible if I miss the hearing?
The hearing will continue as scheduled and the Hearing Officer will make a decision based on the evidence presented. The Hearing Officer makes a recommendation to the CSUSM President who then makes the final decision.

Can I appeal if I don’t agree with the outcome of the formal hearing?
You can not appeal the outcome of the formal hearing. The decision from the CSUSM President is final.

If you have specific questions about this process, please contact the Dean of Students Office at 760-750-4935.