What are the major differences between a hearing and a court trial?
• Unlike the court system, colleges are not required to hold to the standard of “beyond a reasonable doubt.” The courts have realized that this standard is impractical for college disciplinary hearings, and believe that the question of a student’s responsibility for violating the Student Conduct Code may be set at a lower standard. Colorado State University uses the standard of “preponderance of the evidence.” Essentially, a student can be found responsible for the alleged charges if it is more likely than not, based on all the evidence, that a student is responsible for the listed charges. • Hearings are closed. • College and university hearings are not required to follow Federal Rules of Evidence, nor follow courtroom procedure. • Colleges and universities may restrict the participation of legal counsel in hearings. Colorado State students are allowed to bring a lawyer to a hearing as a support person. The role of counsel is restricted to consultation only during a hearing.
