5.01
The Subcommittee shall conduct an investigation in which the Subcommittee shall interview the accused student, the complainant, and any other witnesses who may possess information pertinent to the allegations set forth in the complaint. The Subcommittee shall further examine any exhibits to the complaint and any other pertinent materials provided by the various parties and witnesses. Members of the Subcommittee shall be allowed to make personal observations to the Committee as to the veracity of the various witnesses interviewed and evidence reviewed during the course of their investigation.
5.02
Prior to any interview with the Subcommittee or any other representative of the School of Law charged with investigative responsibilities under this Code, the accused student shall be advised that: (a) the student may remain silent, (b) the student may terminate the interview at any time; (c) the student may postpone the interview until he/she has had a reasonable time to consult counsel, and (d) anything the student says in the interview may be used as evidence against him/her.
5.03
If, during the course of the investigation, the Subcommittee discovers evidence of additional or related violations of this Code other than those contained in the original complaint, the Subcommittee shall investigate such violations and determine whether additional allegations should be levied against the accused student. The Subcommittee shall also agree on the recommended disposition of these new allegations. If, during the course of its investigation, the Subcommittee determines that there is credible evidence that a student or students other than the accused student have violated this code, such evidence shall form the basis of a separate complaint. To the extent the Subcommittee should find additional bases of violations of the Code during its preliminary investigation, the Subcommittee shall notify the Committee when it makes its recommendation to the full committee.
5.04
In the event that both members of the Subcommittee agree on the recommended disposition of the case, i.e., whether to recommend to the Committee a full hearing pursuant to Article 6 of this Code, a plea agreement pursuant to Article 9, a dismissal, or some other disposition, the recommendation shall be made to the full Committee. If the Subcommittee cannot reach unanimity, the recommendation to the full Committee shall be made by the Associate Dean for Academic Affairs (or his/her replacement in the event of a recusal) upon a summary presentation of the evidence gathered by the Subcommittee. In the event the Associate Dean for Academic Affairs is called upon to make this recommendation, that shall not, without more, constitute a basis for his/her recusal during any other portion of the proceedings pursuant to this Code. In either event, no appeal shall lie from the Subcommittee’s recommendation to the Committee.
5.05
The recommendation to the Committee pursuant to Section 5.04 above should be made within four weeks of the meeting of the Committee at which the Subcommittee is appointed, or as soon as reasonably practicable thereafter. The recommendation of the Subcommittee shall be made available only to the members of the Committee, until or unless such time as a full hearing is scheduled pursuant to Article 6 of this Code.
5.06
The Committee possesses the sole discretion to accept or reject the recommendation made pursuant to Section 5.04. Acceptance or rejection of the Subcommittee recommendation shall be determined by a simple majority of the voting members of the Committee excluding members of the investigatory Subcommittee. In the event of a tie among voting members, the Associate Dean for Academic Affairs (or his/her replacement in the event of a recusal) shall vote to break the tie.
5.07
In the event that the Committee does not vote to accept the recommendation made pursuant to Section 5.04, the matter will proceed to a full hearing, and the student should be so notified.
5.08
In the event that the Committee votes to accept the recommendation made pursuant to Section 5.04, the following procedures should be followed:
- If the recommendation is that a full hearing be conducted, procedures for conducting a full hearing shall be followed, and the student should be so notified.
- If the recommendation is that the matter be dismissed, then the case will be closed and appropriate notation of dismissal placed in the student’s file with notification to the student.
- If the recommendation is anything other than a full hearing or dismissal, the student will be contacted regarding consent to a plea agreement designed to institute the recommended action. In the event that the student consents to the plea agreement, the recommended action will be taken. If the student does not agree to the plea agreement, then the matter shall proceed to a full hearing and the student should be so notified.