STUDENT CENTER - JUDICIARY COUNCIL

The purpose of the Judiciary Council is to:
1. Hear cases involving serious offenses against the College community or a member thereof by a student or students;
2. Decide in case of a violation what sanction(s) shall be imposed against the person(s) involved;
3. Set the specific conditions and length of such sanction(s) as prescribed.
4. The decision of this Council shall be final subject to appeal to the Appeals Board.

 

Council Composition:
The Council shall be composed of eight (8) persons: two (2) faculty members, two (2) staff members and four (4) students. The Dean of Students shall appoint faculty, staff and student members and each member shall serve a term of one (1) year. The Director of Student Development shall serve as chairperson of the Council. The quorum for any given hearing will be drawn from three (3) members of the Council to be comprised of one (1) faculty, one (1) staff member, and one (1) student. The selection process shall be the responsibility of the chairperson.

 

Initiating the Case
Any academic or administrative official, faculty member, or student may file charges, in writing, against any student for misconduct. The charges should be filed with the Dean of Students. In an emergency or in extraordinary circumstances, the Dean of Students may suspend the student(s) pending consideration of the case. The Dean of Students shall make a preliminary investigation of the case for ascertaining whether the charges can be disposed of without setting in motion the Judiciary Council. If this cannot be done, copies of the charge will be sent to the chairperson of the Council.

 

The Hearing
Upon receipt of the charges, the chairperson of the Council shall schedule a hearing. The student(s) shall be given notice of the time and place of the hearing and shall be advised that witnesses and an advisor may be present and also be informed of the charge(s) being brought. The hearing will be private. If for a lack of a sufficient reason, as judged by the Council, an accused individual fails to appear at the agreed time of the hearing, the Council reserves the right to proceed without the presence of the accused. If the absence is unexcused, the accused forfeits any right of appeal. The Council shall hear the testimony of the witnesses. A record of all hearings shall be kept under the supervision of the chairperson and made available to all parties involved for preparing appeals. Students are required to dress professionally for the hearing. The Judiciary Council shall, make within two days, a full report to the Dean of Students including the minutes and the decision and recommendations. It shall also provide the accused with a copy of its decision within two days. Any student who feels that he/she has cause may appeal a disciplinary decision by filing a notice of Appeal with the Appeals Board.The Appeals Board serves as a review committee only to determine whether the Judiciary Council acted fairly in rendering its decision. If the Board finds that the Judiciary Council
acted unfairly, the decision will be sent back to the Judiciary Council for further consideration. If the Appeals Board supports the original ruling, the decision of the Council stands.

 

Appeal Procedure
The accused may appeal the decision of the Judiciary Council by so stating in a letter to the Dean of Students within seven (7) days after the decision. The petition of appeal will be forwarded within two (2) days to the Appeals Board. The appeal shall be limited to a review of the Council’s decision for the purpose of determining whether it acted fairly in light of the charge and evidence presented to the Council.

 

The Appeal Board cannot amend the decision of the Judiciary Council or call witnesses or further question the alleged offenders. The Chairperson of the Judiciary Council will submit detail minutes of the hearing and the decision rendered for the review of the Appeals Board. All sanctions apply during the appeal process.

 

Copies of the decision on the appeal will be sent to the accused and to the Dean of Students or the designee.

 

Appeal Board
The Appeal Board will be selected from among the remaining five (5) members not associated with the case. The selection process shall be the responsibility of the Dean of Students. It shall be comprised of three (3) members: one (1) from each group already identified. Members of the Appeals Board will not have been involved in the adjudicating of the case being considered. The chairperson will be elected by mutual consent. The chair’s responsibility will be to conduct the appeal hearing and to provide the appropriate bodies with copies of the Board’s decision.

 

Decisions of the appeal may be lobbied in writing to the Dean of Students. The Dean of Students has the power to overturn a ruling if it is deemed unfair. Only “zero tolerance” offenses that result in sanctions of suspension or expulsion may be appealed to the President. All other sanctions approved by the Dean of Students are final.

 

Role of the Attorney
When a student is accused of violating the Student Code of Conduct, and criminal charges are pending against the student, an attorney may be present. In such instances, the role of the attorney is limited and passive. The attorney cannot actively participate in the hearing or ask questions of the witnesses or judicial board members. The attorney’s role is to advise the student regarding self-incrimination and to observe the proceedings. If a student does not have present criminal charges pending, an attorney will not be permitted to be present during any disciplinary proceedings.

 

Role of the Parent
Parents are prohibited from attending judiciary proceedings.