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Formal Hearing FAQ's

What is the difference between a disciplinary conference and a formal hearing?
The initial meeting with the Student Conduct Administrator 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 conduct process will progress as appropriate.

Can I have an advisor attend the formal hearing and what is their role?
Yes, you may ask another person to serve as an advisor during the formal hearing. An advisor is there to provide the student with support, however, may not speak on the student’s behalf. If you invite another person into the hearing you are providing authorization for that person to hear information about the allegation. To learn more about the role of the advisor, review Executive Order 1098, Article III, Section B (Advisors).

Can I have an attorney represent me for either the disciplinary conference or the formal hearing?
Under current University policy, the advisor may not be an attorney except in cases where expulsion is a proposed sanction. However, nothing precludes you from consulting with an attorney prior to the disciplinary conference. Students are encouraged to review Article III, Section D (Attorneys) of Executive Order 1098 to learn more about the role of attorneys in the Student Conduct process.  

How do I prepare for a formal hearing?
In preparation for the formal hearing, you are encouraged to review Executive Order 1098, Article IV, Section H (Hearing on Sanctions).

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 Resolution 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's designee (Vice President of Student Affairs) who then makes the final decision.

Can I appeal if I don’t agree with the outcome of the formal hearing?
You cannot appeal the outcome of the formal hearing. The decision from the CSUSM President is final. For cases involving a violation of Executive Order 1097, students have the option to file an appeal to the CSU Chancellor’s Office.