Hearings

The Prehearing Conference

Complainants and respondents will receive information about how to participate in the hearing. In a prehearing conference, hearing officials will work with complainants and respondents, advisors, and conduct officers or investigators to address questions and concerns about the process.

After the prehearing conference, the Hearing Officer will issue a prehearing order. The prehearing order will include decisions about what evidence may be presented at the hearing.

The Hearing

A Hearing typically involves the complainant, respondent, their advisors (if any), the conduct officer or investigator, and any witnesses. During a hearing, the complainant and respondent will have an opportunity to:

• Make opening remarks.
• Propose questions for witnesses.
• Make closing remarks.

After the Hearing

After the hearing has concluded, the Hearing Officer will:

• Review all the evidence and testimony.
• Write a decision, called a written order.
• Send the written order to all parties at the same time.

The decision will include the Hearing Officer’s determination about alleged Code or policy violations. When the respondent is a student, if the Hearing Officer finds one or more violations, the decision may include a sanction for the respondent. The written decision will also include information about requesting an appeal.

You can find a more detailed breakdown of the hearing process and what to expect on the day of the hearing under Reference Materials on this page’s FAQs.

Below is an overview of the key parts of the video. If you have limited time, consider viewing portions 3 and 4.

Download a full video transcript (PDF)

Jesimiel Jenkins, Finn Jordan, Chinelo Okpala, and Avery Sund provided the voice work for the characters in this video. Thank you for your work. Thanks also to John Hogl and Jon Beck for their work on this project, which included creating the visuals for the video.

If at any time you have a need, concern, or accommodation request connected to a disability or health condition, please contact the Hearing Coordinator at hadmin@uw.edu as soon as possible.

If you are going to be involved in a hearing, feel free to reach out to hearing officials at hadmin@uw.edu and hearofcr@uw.edu to ask questions. You can ask about the type of process that will be used and how witnesses will be asked questions in the hearing.

If you are Deaf or hard of hearing, interpreter services will be provided at no cost.

If you may need language interpreter services for other reasons, please contact the Hearing Coordinator at hadmin@uw.edu to discuss.

If at any time you have a need, concern, or accommodation request connected to a disability or health condition, please contact the Hearing Coordinator at hadmin@uw.edu as soon as possible.

To best serve everyone involved, CRC aims to complete hearings within 90 days. However, the length of the process varies based on many factors. If you’d like to know more about the probable length of the process for a matter you are involved with, you can reach out to the Hearing Coordinator at hadmin@uw.edu.

No, hearings are not always required. However, student conduct and employee processes at the University sometimes require a hearing as part of the process. Sometimes a hearing may be required because specific conduct or policy violations were alleged; sometimes a hearing is required because specific sanctions may not be considered unless a hearing is held.

No, the Hearing Officer makes independent determinations about the evidence, the findings of fact in the matter, and the conclusions about whether there was responsibility for violating the rules.

No, parties do not have to hire an attorney, but they can if they would like. The University has designed its hearing process so that participants do not have to have an attorney representing them. It is up to each party to decide whether they want to hire an attorney for their hearing.

Hearing officials will explain the process to all participants to ensure that parties have an opportunity to be heard. The University also provides staff to work directly with student parties as they prepare for and go through the hearing process.

CRC is not able to recommend or suggest any particular attorneys or law firms.

If you would like to talk with an attorney, you may wish to use these resources:

• The King County Bar Association’s website has a lawyer referral service.
• The Washington State Bar Association’s website has a listing of potential sources of legal help.

Student matters

Yes. Parties do not have to use a support advisor, but they can if they want to. Complainants may work with a University-provided confidential advocate. Respondents may work with a University-provided Respondent Resource. Alternatively, complainants and respondents are welcome to identify their own support advisor that is not provided by the University, such as a friend or family member. While parties do not have to use an attorney, complainants and respondents are welcome to use an attorney in addition to their support person.

For hearings that require Title IX Procedures, complainants and respondents must have a hearing advisor. Students can have a University-provided hearing advisor, can hire an attorney as their hearing advisor, or can provide their own hearing advisor who is not an attorney. Parties may use a support advisor in addition to the required hearing advisor.

Employee matters

Yes. Complainants and respondents in an employee matter may identify their own support advisor that is not provided by the University, such as a friend or family member. An employee in a Title IX matter may also consider using a support advisor through their union.

Parties in an employee matter must work with a hearing advisor. Employee complainants and respondents can have a University-provided hearing advisor, can hire an attorney to use as their hearing advisor, or can provide their own hearing advisor who is not an attorney. Parties may use a support advisor in addition to the required hearing advisor.

No. The Hearing Officer will consider many possible sanction options. Under the Student Conduct rules (WAC 478-121-210), one or more of the following sanctions may be imposed:

• Disciplinary reprimand
• Disciplinary probation
• Restitution
• Loss of privileges
• Suspension
• Dismissal

For matters involving student respondents, the Hearing Officer considers the facts in the matter and the factors for determining an appropriate sanction described by the Student Conduct Code (WAC 478-121-210). Those factors include but are not limited to:

• The seriousness, severity, persistence, or pervasiveness of the prohibited conduct
• The nature or violence of the prohibited conduct (if applicable)
• The impact on the complainant and/or university community
• Respondent’s past disciplinary record (if any)
• Respondent’s acceptance of responsibility for prohibited conduct
• The maintenance of a safe, nondiscriminatory, and respectful environment for learning
• Any other mitigating, aggravating, or compelling factors

For matters involving employees, the respondent’s unit head determines any appropriate sanctions.

Hearing officials develop and work with other University partners to provide expanded reference materials for participants and advisors in the hearing process. The documents in these drop downs provide additional information, explanation, and examples of the hearing process to help parties prepare for hearings.

• Parties can access and review these resource documents if they wish to, however doing so is entirely optional.
• These guides should not be considered legal advice. While these documents are updated periodically, directions and decisions by hearing officials or other decision-makers as well as changes in policy, law, and practice supersede the guides.
• If you are involved in a hearing, you will be provided the materials relevant to your involvement.
• If a case involves both Student Governance and Policies (SGP) 209 and SGP 210, the SGP 210 materials will likely be used.
• For parties or advisors in Executive Order 70 matters (which involve employees), there are differences in the EO 70 hearing process that are not addressed in these materials, but much of the fundamentals of the process, such as how witnesses testify or how a party can propose evidence, are very similar.
• For more information on the policies referenced on this page, please consult University Policies.

Update as of September 10, 2021: Please note that some of these materials, including the EDFR CLE video, were created prior to a federal court ruling that found part of the 2020 federal Title IX regulations (EDFR) to be arbitrary and capricious. Part VII of WAC 478-121 has been revised to account for that court ruling. Accordingly, the UW will no longer follow the part of WAC 478-121-675(1) regarding statements if a party does not testify. This means that, for allegations based on the EDFR, a UW Hearing Officer may now consider statements a party or witness made outside of the hearing—such as to an investigator or in a text message—so long as those statements are considered relevant, admissible evidence even if/when that party or witness does not testify.

These documents provide more details into the hearing process from start to finish. There are three versions of the hearing process outline:

• General student conduct (SGP 209) process outline [PDF]
• Sexual misconduct not requiring Title IX procedures (SGP 210) hearing process outline [PDF]
• Title IX procedures (EDFR) hearing process outline [PDF]

These graphics explain the sequence of steps for the hearing, including witness testimony. There are three versions of the process chart:

• General student conduct (SGP 209) process chart [PDF]
• Sexual misconduct not requiring Title IX procedures (SGP 210) process chart [PDF]
• Title IX procedures (EDFR) process chart [PDF]

Objections to Questions Asked of Witnesses [PDF]
This handout explains what objections are, describes some common reasons for them, and informs participants how to raise objections.

Respondent Guide to Hearing Preparation [PDF]
This guide is developed for student respondents in student conduct matters involving academic misconduct, behavioral misconduct, and/or sexual misconduct. It is recommended that student respondents work with a Respondent Resource provided by the University.

Complainant Guide to Hearing Preparation [PDF]
This guide is an additional resource for student complainants participating in the UW student conduct hearing process. Many student complainants work with a confidential advocate (who might also be referred to as a University Resource or Support Advisor) in the process. Student complainants may consult a confidential advocate at any time.

Title IX Attorney Guide [PDF]
Hearing officials developed a resource guide for attorneys representing students in the UW student conduct hearing process. This guide applies to Title IX (sexual misconduct) matters as well as academic and behavioral matters. The guide shares information about the hearing process and addresses frequent issues and questions. Much of the information will also be shared and discussed during the hearing process.

Title IX Regulations CLE video: “University of Washington student conduct hearings & new federal Title IX regulations”
In November 2020, the University provided a training to describe the changes to the University’s student conduct hearings when allegations of misconduct include new federal Title IX regulations (also referred to as EDFR regulations).