CJC Hearing Procedures
How do I find out details about my hearing?
When a student selects a CJC hearing, the OSC staff will set a date, time and location, as well as notify the charged student, council members, and witnesses through their university email accounts.
What about confidentiality and recordings?
Hearings are closed and confidential. Participants are not permitted to discuss the case outside of the hearing. Video and audio recordings are not permitted by anyone other than the OSC. OSC will keep the recording until any appeal is concluded. The charged student may request a copy of the recording at their own expense prior to the conclusion of an appeal.
Can I bring an advisor?
The charged student may bring one advisor, but advisors are not allowed to speak or directly participate in the hearing.
Who will facilitate the hearing?
The chair of the council will facilitate the hearing and ensure that all procedures are followed appropriately.
Who can ask questions during the hearing?
The charged student, council members and university representative(s) will all have the opportunity to ask questions. The University Representative may require that questions asked by the charged student be addressed to the Chair or University Representative who can ask these questions to the witnesses.
How will hearings be conducted?
Hearings will follow a script and witnesses will only be present when they are being questioned. Technical/legal rules of evidence will not be applied.
Who can present evidence?
The council or university representative may present evidence for a hearing packet. The charged students will have access to a hearing packet at least three (3) days prior to the hearing, unless special circumstances prevent this from occurring.
Can I bring a witness?
The university representative and charged student can both call witnesses to present evidence during the hearing. Witnesses must be limited to presenting facts regarding the case. Character witnesses are not permitted. If a witnesses unable to attend a scheduled hearing, a written statement may be submitted in advance of the hearing. If the witness is a victim of sexual assault or interpersonal violence a written statement may also be used during the hearing.
Who can the council ask procedural questions to?
An OSC staff member can assist in answering procedural questions.
What happens if the charged student does not attend the hearing?
If the charged student chooses not to attend the hearing, the council may proceed with the hearing, reach decisions and impose sanctions without the student’s participation.
When does the council deliberate?
After all information has been presented, the council will meet in private (without the presence of the charged student, advisors, university representatives) to reach its decision, and if appropriate, determine sanctions. Decisions of the council must be a majority vote. If the charges student is found responsible, the council may hear any prior conduct records of the student in determining appropriate sanctions. If additional information or witnesses are needed, the council may choose to continue the hearing at a later date.
How will the charged student receive an outcome letter of the hearing?
The university representative will be responsible for sending an outcome letter to the charged student’s university email account, which will include the findings, any sanctions, and a statement regarding the right to appeal.
Please note that, deviations for prescribed procedures will not necessarily invalidate a decision or proceeding unless significant prejudice to the charged party has resulted.