Formal Hearing FAQs

Note: The questions below are intended for students who attend San Jose State University. If you have general questions or more in depth questions about Student Conduct and Ethical Development, please send us an email at studentconduct@sjsu.edu

 

 

Q: When should a student request a Formal Hearing?

A:  A student should request a Formal Hearing when they do not agree with the sanction(s) being given as a result of the informal conference proceedings, or if they feel that they did not violate the Student Conduct Code. Students who request a Formal Hearing must be able to prove their case by having relevant evidence, supporting documentation, and witness(es) to substantiate their claims.
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Q: How do I prepare for the Formal Hearing?

A:  The best way to prepare for your case to is to look at your facts that counter what was stated in the incident report. Then gather supporting documents and your witnesses to support your claim.
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Q: Will witnesses help my case?

A:  Witnesses do help if they can speak to the case and assist you in substantiating your claims. Character witnesses are not helpful.
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Q: Can I bring an advisor? How can he or she support me?

A:  You can bring one person to serve as your advisor. Your advisor is there to advise you during the Formal Hearing but not to talk on your behalf.
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Q: Who is the Hearing Officer?

A:  Hearing Officers are neutral parties who are either Faculty or Staff members that have been appointed by the President of the University to serve as hearing officer.
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Q: Can I have a lawyer represent me?

A:  Each campus president determines whether it is appropriate for attorneys to be present in all or some proceedings. San Jose State University does not permit attorneys to be present in any proceeding, which applies to both the student charged and the campus. You can consult attorneys outside of the actual proceedings.
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Q: What if I don’t show up for the Formal Hearing?

A:  If you fail to appear at the hearing, the hearing will proceed without you. The decision will be reached on the information presented. You will not be found responsible for violating the Student Conduct Code solely because you failed to appear at the hearing.
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Q: Is there another appeals process if I’m not satisfied with the outcome from the Formal Hearing?

A:  The decision letter is final from the president or his designee.
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Q: Can I get a copy of my file to prepare for the hearing?

A:  Students can request to view their file in the Office of Student Conduct & Ethical Development.
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Q: What is considered evidence?

A:  Documents and testimony that is relevant to the case and can substantiate your claim.
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