2024-2025 Student Handbook

8. The Meetings of the Factfinding Subcommittee shall be closed, except for the parties, necessary staff, witnesses, and advisor to the student as allowed by the Factfinding Chair. Formal rules of evidence shall not apply, but the Factfinding Chair may make such rulings as are necessary to ensure fairness and to expedite the proceedings. Any student appearing before the committee will be notified that lying to the committee is sanctionable conduct. Witnesses will be sequestered unless otherwise agreed upon by the parties. The student who is the subject of the complaint may be assisted by an advisor while the student is present before the Subcommittee and shall be entitled to present information, including but not limited to producing documents or proposing witnesses to be interviewed by the Subcommittee. The Subcommittee may put any reasonable limitation on the submission of information to be presented or the number of witnesses the student may ask the subcommittee to interview. The allegations and supporting information shall be pre sented by the Chair(s) or the Chair(s’) designee, or by Suffolk University Counsel. The student shall be entitled to a copy of any documentation presented to the Subcommittee during the Meeting. If either the law school or the student intends to be represented by advisor or counsel as the case may be, the student who is subject of the complaint or the law school, respectively, shall be notified at least four days prior to the hearing. Only members of the Factfinding Subcommittee may ask questions of witnesses and of the student whose conduct is under consideration. The student or their advisor may submit areas of inquiry or specific questions for the Subcommittee to consider asking witnesses. The Subcommittee shall retain the discretion to incorporate some, all, or none of the suggestions made by the student when it interviews witnesses. After the Subcommittee has heard from any witness(es), including the student themselves, if they elect to be interviewed, the student or their advisor shall be permitted to give a closing statement to the Factfinding Subcommittee either in writing or orally. If the student elects to submit a closing statement in writing, it must be submitted no later than 72 hours after all of the documentation presented to the Subcommittee has been provided to the student. The Subcommittee may impose a reasonable page limitation on that written submission. If the student opts to give an oral closing statement to the Subcommittee, the oral statement shall be scheduled at the convenience of the Subcommittee but no sooner than 48 hours after copies of the documents presented to the Subcommittee during the Meeting have been provided to the student. 9. The Factfinding Subcommittee shall hear the information and determine whether sanctionable conduct has been established by clear and convincing proof. If it finds that no such conduct has been established, it shall dismiss the complaint. If it finds that such sanctionable conduct has been established or if the student admits to sanctionable conduct, it shall report to the Dean the nature of the conduct found, with a recommendation as to the appropriate sanction. In recommending a sanction, the Factfinding Subcommittee may consider all relevant information, including, but not limited to, previous sanctions imposed in similar situations; the charged student’s acceptance of responsibility and remedial measures taken; past disciplinary or criminal record; the nature of the misconduct; and the severity of any damage, injury, or harm resulting from the misconduct. A vote of four of the five members of the Factfinding Subcommittee (or three out of four if one member is absent) shall be required to find sanctionable conduct. A simple majority of the Factfinding Subcommittee shall be sufficient to recommend an appropriate sanction. The Factfinding Subcommittee shall issue a written report containing (i) the findings of fact, (ii) a decision as to whether sanctionable conduct was or was not found, (iii) a recommendation as to the sanction(s) if sanctionable conduct is found, (iv) the position of the majority and minority voters in the case of a non-unanimous decision, and (v) any other documents considered as part of the record before the Factfinding Subcommittee (“Factfinding Subcommittee Report”). 10. The Chair of the Factfinding Subcommittee shall send to the Dean, the student, and the Chair(s) of the Administrative Committee a copy of the report, consisting of (i) the findings of fact, (ii) a decision as to whether sanctionable conduct was or was not found, (iii) a recommendation as to the sanction(s) if sanctionable conduct is found, (iv) in the case non-unanimous decision, the position of the majority and minority voters, and (v) any other documents considered as part of the record before the Factfinding Subcommittee. Dean’s Review and Imposition of Sanction 11. The student may appeal the findings and recommendations of the Factfinding Subcommittee to the Dean of the Law School by sending a notice of appeal to the Dean and to the Chair of the Factfinding Subcommittee within 14 days of receipt of the Factfinding Subcommittee's report with the basis of such appeal and any additional information. 12. If the student appeals the findings and recommendations, the Dean shall review the Factfinding Subcommittee’s (i) findings of fact of fact, (ii) decision as to whether sanctionable conduct was or was not found, (iii) recommendation as to the sanction(s) if sanctionable conduct is found, (iv) the position of the majority and minority voters in the case of a non-unanimous decision, and (v) any other documents considered as part of the record before the Factfinding Subcommittee.

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