If the University determines that a Judicial Board Hearing is appropriate, the Moderator (See Explanation of Important Aspects of the Judicial Review Process—Moderators.) will take reasonable steps to ensure that the referred student is notified of the following within 5 days:
- The nature of the alleged violation(s) made against the student.
- The names of all individuals in the Judicial Board pool, including a statement forbidding contact on this matter between the student and these individuals.
- A copy of the Judicial Board Hearing procedures.
- The time, date and location of the Judicial Board Hearing.
The referred student has the right to show cause to the Moderator as to why any member of the Judicial Board pool should be removed because of possible prejudice. If a student wishes to have a member of the Judicial Board pool removed, the student must notify the Moderator in writing at least 48 hours prior to the first scheduled Judicial Board Hearing. Any member of the Judicial Board pool has an obligation to disqualify him/herself if he/she has any personal interest in the case.
The Moderator will set a date by which all materials for the judicial hearing will be sent to the Judicial Board. Materials turned into the Moderator after that date will be sent to the Judicial Board if feasible.
Reasonable efforts will be made to have the first session of the Judicial Board Hearing within 7 business days after the referred student has been notified of the above.
At the discretion of the Judicial Board, more than one hearing session may be necessary before a final determination is made.
The actual Judicial Board Hearing will proceed as follows:
- The Chairperson convenes and presides over the Judicial Board Hearing only if the appropriate quorum is present. (See Explanation of Important Aspects of the Judicial Review Process—Judicial Boards.) The Chairperson is also charged with maintaining orderly discussion throughout the Judicial Board Hearing, generally limiting testimony per session to a maximum of three hours and ensuring that there is equal time for both the complainant and the referred student to present their evidence.
- The Chairperson acknowledges the Advisors. (See Explanation of Important Aspects of the Judicial Review Process—Advisors.)
- The Chairperson confirms that the referred student understands his/her rights.
- The Chairperson reads into the record the University’s opening statement and all statements of alleged violation(s).
- The Chairperson or Moderator will ensure that the referred student(s) and complainant(s) have copies of all incident reports.
- The complainant makes a statement or, in cases where the University is bringing the action, a University representative will present the University’s case.
- The referred student makes an opening statement, including an admission or denial of the charges.
- Witnesses and/or evidence are presented. Witnesses will be presented one at a time. A Witness can only be present at the Judicial Board Hearing during his/her own testimony. (See Explanation of Important Aspects of the Judicial Review Process—Witnesses.)
- Members of the Judicial Board, the Moderator, the referred student and the complainant may cross-examine any Witness who is present. All questions must be directed to the Chairperson. The Chairperson may rule any question out of order.
- Written testimony from Witnesses unable to be at the Judicial Board Hearing may be accepted but its validity will be ruled on by the Chairperson. (See Explanation of Important Aspects of the Judicial Review Process—Witnesses.)
- The Judicial Board may recall any Witness it wishes to question further.
- Members of the Judicial Board may ask questions to the complainant and the referred student. At this time the complainant and the referred student may also question each other. All questions must be directed to the Chairperson. The Chairperson may rule any question out of order.
- After all Witnesses, evidence, and testimony have been presented, the Chairperson will ask each side if there is any additional information pertaining to the case that has not been heard or submitted in writing.
- Closing statements of no longer than five minutes may be made by the referred student and complainant.
- At this point, all are dismissed except for the Chairperson, Judicial Board members and the Moderator. The Judicial Board determines if the student is or is not in violation of the Code expectation or other policy outlined.
- If the referred student is to be found in violation, the Judicial Board shall determine the appropriate sanction(s). A simple majority vote by the board members will determine all outcomes. All decisions will be reviewed with the Moderator, who will share with the Judicial Board a referred student's prior record of sanctions as appropriate.
- When deliberations have been completed, the Chairperson invites the referred student back into the room and announces the Judicial Board’s decision. Any sanctions imposed become effective immediately unless otherwise stipulated. Sanctions imposed by the Judicial Board may be appealed in accordance with the procedures detailed in the Judicial Appeals Procedures. Students will be informed of these Judicial Appeals Procedures, including to whom a request for an appeal should be directed, at the conclusion of the Judicial Board Hearing. The University will take reasonable steps to notify the complainant and referred student of the outcome and sanctions in writing within five business days of the last Judicial Board Hearing, and will place all appropriate information in the referred student’s judicial file.
If a referred student fails to attend the scheduled Judicial Board Hearing or otherwise participate in the process, the Judicial Board may decide the case based on the information available to it at the time. Any imposed sanctions will be effective immediately unless otherwise stipulated.