The Student Sexual Misconduct Subcommittee (SSMS) assists in implementing the Board of Regents Policy: Student Conduct Code at the University of Minnesota on the Twin Cities Campus. The SSMS provides a fair hearing to determine if a student's behavior has violated the Student Conduct Code and to determine what, if any, santion should be imposed. In order to help you better understand the hearing process, the following questions have been addressed.

Who can accompany me to a hearing?

Complainants and respondents may be accompanied by two advisors of their choice. An advisor may be an attorney, union representative, advocate, support person, or other individual.

Who can be my support person?

A support person serves in a non-participatory role at the pre-hearing conference and hearing. This person can be a family member, friend, or other individual that can provide support to the party during the hearing process. This person is not allowed to speak during the hearing, or otherwise interrupt the process. Complainants may seek a support person through the Aurora Center.  

Who can be my advocate?

Respondents may obtain free advocate services through the Student Advocate Services. Student Advocates work with accused individuals to navigate the conduct process, compile the necessary elements of their case, and represent students during formal conduct hearings. Alternatively, respondents may retain an attorney for the formal hearing process.

Complainants may also have an advocate or attorney present at the hearing. This advisor would be expected to work in collboartion with the University Presenter. Futher information about this advisor's participation is outlined in Appendix B of the SSMS Procedures.

Who represents the University?

A staff member from the Office for Community Standards will be appointed to bring the University’s case before the SSMS. If the respondent is represented by an attorney, the University’s Office of the General Counsel will assign an attorney to serve as the University Presenter.

How do I get my student file?

Students may contact the Office for Community Standards in writing and request a copy of their file. An e-mail request from the student’s University of Minnesota account is sufficient.

What if I do not attend the hearing?

If the respondent does not appear in person at the hearing, the Panel may elect to either (1) vote to suspend the accused student until a hearing is held; or (2) vote to proceed with the hearing in the absence of the student. 

Either party choosing not to appear may provide the panel with a signed written statement.
 

What happens at the pre-hearing?

The University Presenter, the respondent, the respondent’s advocate/ attorney, the SSMS Secretary and the Panel Chair attend the pre-hearing. The complainant has the right to attend the pre-hearing conference, but is not required to do so.

The Panel Chair will explain the hearing process to the parties at the pre-hearing conference, and parties will exchange witness lists and exhibits.
 

How are the SSMS panelists appointed?

The SSMS Selection Committee appoints faculty, academic professionals, and student members to the SSMS. Panels are drawn from the SSMS to hear individual cases.  

What can I submit for exhibits?

You may introduce relevant written documents, objects, films, or other material as exhibits. Exhibits are due for both parties at the pre-hearing, unless otherwise specified by the Panel Chair or the SSMS Secretary. Each party is responsible for bringing copies of written materials for Panel members and the other party.

Who should my witnesses be?

Witnesses should be able to provide information that is relevant to the incident at issue, whether it is because that information may not be available from any other source, or because your witness can supplement information from a written report. Witness testimony will consist of: recalling events regarding the incident in question, answering questions from the Panel, and answering questions from the opposing party.

Parties should offer witnesses in person whenever possible. Each party is responsible for getting its own witnesses to the hearing.
 

Is there an informal resolution process?

Following the EOAA investigation, the Office for Community Standards sends an proposed informal resolution to the complainant and the respondent.  Either party may speak with a staff members in the Office for Community Standards about any questions related to the proposed informal resolution. In addition, the complainant or respondent may use the informal resolution process found here to propose a different informal resolution to resolve the case. The complainant and the respondent have up to 24 hours before a formal hearing to accept a proposed informal resolution.

How long will the process take?

The SSMS will strive to complete a hearing within one month of the student’s request for a hearing. 

The length of hearings ranges, but are often 6+ hours.
 

What is the standard of proof in my case?

To establish that a respondent violated the Student Conduct Code, the University Presenter must persuade the Panel that it is more likely than not that the respondent violated the subdivision(s) of the Student Conduct Code.

Do conduct sanctions appear on transcripts?

Transcript notations are only present when a student is unable to register due to suspension or expulsion. In such a case, the transcript would state “DISCIPLINARY HOLD - May not register without permission of the Office for Community Standards.”

What happens if I don’t complete a sanction by the deadline given?

Students should contact the Office for Community Standards if they are unable to complete a sanction by the deadline provided to discuss an extension. If a sanction is not completed by the deadline, a hold will be placed on the student’s account that prevents them from registering. 

Can I appeal the outcome of my case?

Either party may file an appeal with the appellate officer. The following are the grounds for appealing a disciplinary decision.

  • There was significant procedural error sufficient to affect the outcome (e.g., lack of notice, opportunity to be heard, or opportunity to challenge information). A procedural error is not a basis for sustaining an appeal unless it was significant enough to affect the outcome.
  • The rule found to have been violated was misapplied, misinterpreted, or contrary to law.
  • New evidence exists that was not previously available to the appealing party and that is sufficient to affect the outcome.
  • The sanction was grossly disproportionate to the offense.
  • The disciplinary decision was not based on substantial information. Substantial information means relevant information that a reasonable person might accept as adequate to support a conclusion. In making this determination, the appellate officer must respect the credibility determinations of the hearing body and must not substitute the officer's judgment for the hearing body. Rather, the appellate officer must determine whether the hearing body’s disciplinary decision was unreasonable (i.e., arbitrary) in light of the information presented.
     

What happens if I leave the University before this is resolved?

The SSMS hearing process does not end simply because a complainant or a respondent leaves the University.  Disciplinary sanctions issued during the hearing process may impact a former student’s ability to register for future courses or university related programs. Sanctions may also prevent students from obtaining their transcripts without permission from the Office for Community Standards. If a student is suspended or expelled during the disciplinary process, a notation will be added to the student’s transcript.