The Conduct Hearing is a meeting with a student conduct administrator where the accused student may review the incident, respond to the charges and discuss the circumstances of the alleged violation. At the conclusion of the Conduct Hearing, the student conduct administrator may, at his or her discretion, make a determination concerning the accused student’s responsibility and (if the student is found responsible) the sanctions he or she must complete. The student conduct administrator may also refer the matter to the College Conduct Board.
An accused student who fails to attend the Conduct Hearing waives their right to review the incident and respond to the charges. In these cases, the student conduct administrator shall administer findings and sanctions in their absence, or refer the matter to the College Conduct Board. A respondent’s failure to check their Iona email account is not considered an excuse for not attending a scheduled Conduct Hearing.
Advisor: A student may be accompanied by an advisor of choice, in accordance with appropriate regulations, who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process. With the exception of sexual misconduct hearings as outlined in College policy and the NYS Education Law Article 129-B, also known as the “Enough is Enough” law, the advisor must be a member of the Iona College community who will be permitted to be present for support, but will not actively participate in the hearing. The judicial process is administrative in nature and does not permit the participation of legal counsel.
The following are possible outcomes of the Conduct Hearing:
Not in Violation: If the student conduct administrator determines at the conclusion of the investigation process that the accused student has not violated the College Code of Conduct, the student shall be found Not in Violation and the student conduct administrator shall confirm the decision in writing.
In Violation: If the accused student takes responsibility for a violation(s) of the College Code of Conduct, or if it is determined by the student conduct administrator that the accused student has violated the College Code of Conduct, the student conduct administrator shall resolve the matter at his or her sole discretion. In this instance, the student conduct administrator shall issue sanctions as set forth in this process. This determination shall be confirmed for the accused student in writing, containing a confirmation of the violation(s) the accused student was found responsible for, a statement of the sanction(s) to be imposed and information regarding the accused student’s right to appeal the decision.
Referral to College Conduct Board: If after the Conduct Hearing, the student conduct administrator decides that another hearing body should determine the matter, the student conduct administrator may refer the matter to the College Conduct Board. The Vice Provost for Student Life or their designee may determine to refer the matter to a Conduct Board, student conduct administrator, or other appropriate body at any time during the conduct process.