Appendix F Hearing FAQs

Below you will find the answers to questions frequently asked about the Appendix F hearing process.

How long is the hearing process?

The amount of time the hearing process takes varies from case to case. We do, however, try to complete all of the pre-hearing and hearing processes within 60 days of the Notice of Hearing.

What is the purpose of a fact-finding hearing?

The purpose is for the Hearing Officer to review the information submitted by the parties and determine whether the information indicates that a policy was violated.

The Hearing Officer may consider items such as the report and any attachments, the testimony of witnesses requested by the parties, and any additional evidence included at the hearing (testimony, documents, etc) when making their determination.

Why would a case go to a fact-finding hearing?

All cases will be forwarded to a hearing unless all parties provide student conduct a written statement that they accept the preliminary determination and do not wish to proceed to a hearing.

If someone only wants to dispute sanctions in a case, that would be addressed through an appeal, not a hearing.

What happens during a fact-finding hearing?

Generally, a hearing has the following flow:

  • Each party is questioned by the Hearing Officer.

  • The parties can pose questions to each other, which are asked through the party’s advisor.

  • Witnesses are called and asked questions by and through the Hearing Officer and the party’s advisors.

  • Each party is provided with the opportunity to give a brief closing statement at the end of the hearing.

  • Parties should generally reserve one or two business days (9am to 5pm) for a hearing.

What are my options for participation during a hearing?

Even if another party requests a hearing, you do not have to participate in any of the procedures that follow.

Please know that the Hearing Officer can only reach a conclusion based on the information available at the hearing should you choose not to participate.

You can also choose to selectively participate in a hearing. However, the Hearing Officer may consider this when evaluating credibility.

What options exist if I do not want to be in the room with or see the other party?

Under Appendix F, the hearing will default to being held remotely via videoconference. While parties have the right to view one another while answering questions, this right may be waived and visual separation can be put in place.

Do I have to attend the hearing alone?

No - you are required to have an advisor present with you at the hearing to pose questions to witnesses and the other party. You are also welcome to have a support person present with you throughout the duration of the hearing.

Who am I allowed to bring as an advisor or support person?

Any person who is not a witness can serve as a student's advisor or support person during pre-hearing and hearing procedures. Generally, an advisor is an individual who offers the student some type of advice or guidance through the process. During the hearing, the advisor is required to ask a party’s questions of the other party and witnesses. A support person’s role is to be present to offer emotional support.

Do I need a lawyer, and what role can they play?

It's not necessary to have a lawyer with you for the pre-hearing and hearing procedures. A student can, however, utilize a lawyer as their advisor throughout the process. For more information about the role of an advisor, please reference Appendix F

What happens if I’m feeling overwhelmed or stressed during the hearing?

The Hearing Officer understands that the hearing day can be a draining and emotional process. Any party is welcome to request a break be taken at any time during the hearing. The Hearing Officer typically discusses how to request a break at the start of the hearing day.

Who is in the room for a hearing?

Hearings are closed spaces not open to the general public. Therefore only the Hearing Officer, Hearing Coordinator, Advisors, Support People, Parties, and any witnesses (when called) are present during the hearing.

How long does a hearing take?

We typically set aside one or two business days (9am-5pm) for the hearing day. Some hearings will wrap up before 5pm, others may need additional time.

Can I change my mind about wanting a hearing?

It depends on where you are at in the process and what decisions other parties have made:

  • If you initially did not want a hearing and changed your mind that you want a hearing:

    • If the deadline to accept the preliminary determination has not passed: you can request a hearing by emailing the Center for Student Conduct with your decision.

    • If the deadline to accept the preliminary determination has passed: your case will not move to a hearing if all other parties accepted the preliminary determination and stated they did not want a hearing. If other parties did not accept the preliminary determination, the case will continue to move to a hearing.

  • If you initially wanted a hearing and changed your mind that you do not want a hearing:

    • You can share this with the Center for Student Conduct and/or Hearing Coordinator at any point prior to or after the deadline to accept the preliminary determination. However, if another party has not accepted the preliminary determination, the case will still be forwarded to a hearing.

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Disclaimer: The text found on this page is not a formal part of the PACAOS Appendix E: Sexual Violence and Sexual Harassment Student Investigation and Adjudication FrameworkInterim Sexual Violence and Sexual Harassment Student Investigation and Adjudication Framework for DOE Covered Conduct (PACAOS Appendix F), or the UC Berkeley Code of Student Conduct. The information found here should be considered one of many resources available to students when navigating these policies and procedures.