Disciplinary Hearing Procedures

Disciplinary hearings at Mississippi State University are hearings to arrive at decisions regarding student behavior. These decisions affect the student and his/her relationship with the university. The administration of discipline is an educational process and procedures will be determined by educators. Such procedures will give full cognizance to the tests of fairness and justice, and the requirements of due process. Rules and procedures for conducting disciplinary hearings are as follows:

• Disciplinary hearings are of a private, confidential nature. They are closed to the public, unless opened by agreement of both the charged party and the hearing Chair.
• The hearing is presided over by the Chair of the hearing body or his/her designee.
• The format of a hearing of original jurisdiction will follow this sequence:
  • The presiding officer will read the charges.
  • A call is made for the plea of the accused to charges. The accused may plead guilty, not guilty, or no plea.
  • A representative of the university will present the case against the accused which may include testimony of witnesses and supporting information on the charges. The accused may ask questions of the witnesses called by the university representative.
  • The accused may present a response which may include testimony of witnesses and supporting information.
  • All witnesses will be called separately and may not hear each other's testimony.
  • Examination and questioning by members of the council or board may follow both the presentation by the university and the defense of the accused.
  • The decision is reached by the council or board as to innocence or guilt. These deliberations will be closed to all but the members of the council or board.
  • The decision of guilt or innocence is announced to all present at the hearing. If the decision is guilty, the accused may make a statement in his/her behalf regarding the sanction. The Dean of Students, at his/her discretion, may also make a recommendation to the judicial council or board regarding the sanction. The accused will be present during the Dean's recommendation.
  • The council or board will go back into closed session to consider the sanctions. These deliberations will be closed to all but members of the council or board.
  • The council or board will present a written finding and the recommended sanction(s) to be applied, if any, to the Dean of Students who will in turn so inform the accused in writing as soon as possible.