University of Minnesota disciplinary hearing: Here's how it works

Ten suspended University of Minnesota football players accused of sexually assaulting a student in September could face disciplinary hearings this month.

The hearings offer students the opportunity to plead their case before a five-person panel of faculty, students and staff. They determine guilt and an appropriate punishment. Possible sanctions for the players range from probation to expulsion.

While each institution handles disciplinary hearings differently, expect both parties to have an opportunity to have advance access to whatever panel members would have an opportunity to view, said Minneapolis-based lawyer Kathryn Nash.

She's one of the founder of trainED, a consulting firm that helps universities comply with federal obligations related to sexual assault. The firm also trains people who serve on college disciplinary committees.

"Typically, both parties have an opportunity to speak to the panel. In some instances, they'll have an opportunity to ask questions of witnesses, Nash said.

In determining whether the football players are guilty, the panel will consider the investigation report and any information provided by either party at the hearing.

Hennepin County Attorney Mike Freeman declined to bring any criminal charges against the players, but the burden of proof for punishing perpetrators of sexual violence is significantly different in schools' internal processes than in the courts.

Under federal guidelines for Title IX, the burden of proof needed to punish sexual violence is a "preponderance of evidence." That means "'more likely than not' — is it more likely than not that the policy was violated," Nash said.

In criminal cases, the standard is proof "beyond a reasonable doubt."

Click the audio player above to hear more about how the process works and about training people to serve on disciplinary committees.