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Judicial Programs - The Judicial Process

The college judicial process hears complaints concerning violations of college policy in any of the following circumstances:

If it occurs on the campus or in any campus facility
If it occurs during a college related activity (e.g., athletic contest, field trip, social event, activity sponsored by a recognized student organization)
If it calls into question the student's suitability as a member of the college community
If it involves unlawful acts of violence, violation of a person's civil rights, hazing, unlawful sale or possession of drugs, unlawful use of alcoholic beverages and crimes against persons or property regardless of where the conduct occurs
If it constitutes a crime in violation of local, state or federal law. The college may submit a complaint to the judicial system even if the same conduct is, or may become, the subject of a criminal case.

Reporting Violations

Any individual who is aware of a violation of the college's code of conduct may submit a report to the associate director in the Office of Residence Life and Housing. Individuals should submit reports as soon as possible, but preferably within five days of the incident. Reports must be in writing and contain a complete description of the incident with names of all parties involved as participants or witnesses. The reporting party must date and sign the report. The administrator hearing the case will make a determination as to whether the presence of the reporting party at a hearing is necessary. In these cases, individuals reporting violations have a right to 72 hours notice of the time and place of a hearing so that they may prepare.

Notification

An accused student will receive fair notice of charges, including the time and place of the alleged violation and the origin of the charges. The student must respond to the notice of charges within three days to schedule a judicial conference. If it goes to a hearing, students will receive 72 hours of notice to prepare or they may waive that right and request to have the hearing sooner. It is the responsibility of resident students to check their on-campus mail box.

Click here to view the Incident Report form.

Interim Suspension

The college will invoke an interim suspension if a student's continued presence on campus endangers the physical safety or emotional well being of members of the college community, endangers college property or disrupts the educational process. An interim suspension is a temporary suspension from the residence halls or from the college, pending a hearing. The student will receive notification in writing of the interim suspension. The notice will include the reasons for the action and notice of charges. The college will schedule a hearing, usually within five class days.

Resolution of Charges

Students have an opportunity to resolve charges through either a judicial conference or a hearing or both if deemed appropriate. The college makes decisions as to how the case will be handled.

Judicial conferences are not hearings, but informal meetings where accused students come before a college official to review the reported incident and discuss conduct code violation charges. The accused student may discuss his or her interpretation of the events giving rise to the reported violation. The reporting party may be present for the same purpose. The college official shall act as mediator between the parties. The college official will attempt to establish agreement on facts of the incident, responsibility for violations of the code of conduct and appropriate remedies or sanctions. If all parties agree, the accused student will indicate agreement with the decision and sanction.

If an accused student fails to appear for a scheduled judicial conference, then the college official will review the case based on the available information. The college official will decide responsibility and appropriate sanctions, if any. The accused student will receive notice of the decision from the college official and may accept the decision or appear at a scheduled hearing.

Conduct board hearings are formal proceedings where a board of students, faculty or administrative staff will meet with relevant parties, report findings and recommend sanctions to the associate director of Residence Life & Housing. Quorum for a college conduct board is four.

Each conduct board has an advisor, whose role is to brief all parties before each hearing to ensure a clear understanding of the rule(s) in question and of the hearing procedures. The board adviser shall advise the board chairperson during hearings to see that the board follows procedures correctly. He/she may offer information and assist the chairperson in facilitation. He/she may also offer advice or clarification regarding appropriate sanctions or questions regarding policies and procedures during deliberations in closed session.

Administrative hearings are formal proceedings where an administrator will meet with relevant parties, report findings and recommend sanctions to the associate director of Residence Life & Housing.

Hearing Guidelines

The following guidelines apply to all hearings:

A student charged with violating the code of conduct may bring an adviser to a hearing. During the hearing the adviser may only advise during recesses granted by the administrator/board handling the case and may clarify procedural questions before, during or after the hearing.
A Student charged with violating the code of conduct may bring relevant witnesses to a hearing. Witnesses must have been present during the incident in question. The administrator/adviser handling the case must be advised in advance of any witnesses.
A student charged with violating the code of conduct has a right not to testify against himself/herself in a hearing.
Written evidence will be considered in a hearing only if the written evidence is presented directly to a college official by the writer or is signed by the writer and notarized. All parties involved in the hearing will have an opportunity to review the written evidence either before or during the hearing.
A victim of any violation involving alleged sexual offenses may participate in a hearing without physically appearing before the board. The victim may participate through the use of a speaker telephone. If alleged victims choose not to participate in the hearing process at all, then the college will retain the prerogative to pursue charges out of concern for the best interests of the college. In such cases, designated officials of the college will act as a reporting party for the college.
Hearings are closed to the public unless all parties involved with the hearing, including the administrator/advisor, agree to an open hearing. The administrator/advisor handling the case may limit the number of spectators and may close an open hearing to maintain order.
There will be a written record kept of the proceedings. Student judicial records are confidential and are available only to persons who have permission from the student or who have a need to know.
Students may request that a hearing be audio taped. This request must be made 48 hours in advance of the hearing. The Residence Life & Housing office will keep the tape(s) as part of the student's judicial record and provide a copy, at cost, to the student.
If an accused student fails to appear for a scheduled hearing, the case will be heard based on the available information. The college will not drop charges of misconduct because an accused student leaves the college for any reason (e.g., voluntary withdrawal, academic suspension, etc).
Under the student conduct code, an accused student can be found not responsible or responsible. Not responsible is a decision that the accused student is not responsible for a violation of policy and charges are dismissed.
Decisions about responsibility and recommended sanction(s), if appropriate, are determined during a closed session. Decisions regarding responsibility are made on a "preponderance of evidence," deciding whether it is 'more probable than not'. Neither party needs to provide 'evidence beyond a reasonable doubt' in a hearing. The decision is forwarded as a recommendation to the associate director of Residence Life & Housing. The associate director will either concur with the recommendation or make appropriate modifications and forward the results to the accused student(s).
The college may inform reporting parties of the responsible of not responsible decision. Information about assigned sanctions will be available to individuals on a need-to-know basis.
Hearings are conducted according to the following procedures:
The accused student(s) are informed of the alleged code of conduct violation(s).
The accused student(s) will indicate their claim as to whether they are responsible or not responsible for the violation(s).
The accused student(s) and their witnesses (if any) will have the opportunity to make opening statements and offer their account of the incident.
The person(s) reporting the violations(s) and witnesses (if any) may make opening statements and offer their account of the incident.
The reporting person(s) and the accused students(s) may question each other and any witnesses.
The reporting person(s), the accused student(s) or any witnesses may be questioned by board members or the administrator(s) assigned to the case.
The reporting person(s) and the accused student(s) may make closing statements.