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X. Hearing Procedure

A.  All hearings shall be held in the Law School and shall be private.  All information obtained and all proceedings under this Code shall remain confidential unless (1) specifically ordered to be disclosed pursuant to this Code, or (2) subject to the valid request of the Bar Examiners of any jurisdictions.  Counsel may appear and be heard representing any accused student. 

B.  On a showing of substantial and specific bias, and by a majority vote of the remaining Committee members, a Committee member shall be disqualified from sitting at the proceeding.  In no event shall a faculty member sit on the Committee on Student Conduct and Responsibility where the alleged infraction occurred in that faculty member’s class. 

C.  The burden of proving the charge by clear and convincing evidence shall be upon the prosecution.  The failure of an accused student to appear, or to present evidence, shall not relieve the prosecution of the burden of proof. 

D.  The rules of evidence applicable in courts of law shall not be binding before the Committee, but may be consulted by the Committee at its discretion.  Evidentiary and procedural rulings shall be made initially by the chair of the Committee, subject to reversal by a Committee majority. 

E.  In no case shall the Committee hear evidence unless the accused student has been advised of its source and content.  The Committee shall not call witnesses, or otherwise order the introduction of evidence not produced by a party.  The accused student shall be given an opportunity to rebut unfavorable inferences which otherwise might be drawn with respect to any evidence admitted. 

F.   Normally, no testimony shall be considered where the opposing party has not been afforded the right of confrontation, and reasonable cross‑examination.  If a witness is unavailable, the Committee shall determine whether or not in the interests of fairness the evidence of such witness shall be admitted. 

G.  The Committee shall consider no evidence except that admitted at the hearing, except that in its discretion, the Committee may call for the presentation of additional evidence with respect to sentencing.

 H.  The Committee shall provide for a verbatim record, such as a tape recording of all hearings, which shall be available, together with copies of all exhibits admitted, to the accused student and prosecution. 

I.  After the close of evidence, the parties may, but need not, submit proposed findings of fact to the Committee.