judicial procedures
Judicial Board
The Judicial Board is responsible for adjudicating alleged violations of any University regulations and student-made regulations. It has jurisdiction over alleged violations of the Code of Academic Responsibility when the violation is not the first offense or when either the accused student or the instructor concerned so requests.
Since many violations of University regulations are traditionally and properly subject to administrative action (for example, fines for parking violations or for infractions of library rules), generally only those offenses which are serious, subject to serious penalties, or offenses involving misconduct not already customarily dealt with by some specific department of the University shall call for Judicial Board action. Decisions about whether a case is properly in the domain of Judicial Board shall be made jointly by the Dean of Students and the Judicial Board Chairperson, subject to review by Judicial Board as a whole. (See Administrative Action.)
I. The membership of the Board shall be constituted as follows:
A. Four members of the faculty appointed by the President on recommendation by the Faculty Council. One of these faculty members shall be Chairperson and shall vote only in the case of a tie. The Chairperson should be someone who has previously served as a member of the Board.
B. Three students selected by the appropriate student government body.
C. A quorum for a hearing of the Judicial Board is defined as two student members and two faculty members (excluding the chair person).
II. Pre-hearing
A. The following pre-hearing procedures will be coordinated through the Student Affairs Office, in the order listed below:
1. Any person or persons who witness or who have knowledge of any violation of University regulations or student regulations shall submit a written, dated and signed report of the alleged violation to the Student Affairs Office within 14 days of the discovery of the violation.
2. If the alleged violation is of the Code of Academic Responsibility, then the involvement of Judicial Board may be initiated in two ways:
a. A student accused of violating the Code, or the instructor concerned, may request a hearing by the Board. In that case, either the student or the faculty member must present to the Dean of Students a written, dated, and signed statement of the reasons for the hearing within 15 days of the violation or its discovery.
b. A faculty member who has chosen to deal with a violation of the Code himself or herself notifies the Dean of Students of the action taken in the case, and it is determined that this is not the student’s first offense. In that event, the Dean of Students notifies the student that a Judicial Board hearing will be held for the purposes of determining a sanction for the offense.
3. The Dean of Students or his or her designee shall promptly inform the Chairperson of the Judicial Board of the charges.
4. As soon as possible after receiving the written report, the Dean of Students or his or her designee, in consultation with the Chairperson of the Judicial Board, will assess whether there is sufficient evidence to bring a case before the Board. If a case is to be brought, the Dean of Students or his or her designee will formulate the charges against the accused student(s), in consultation with the Chairperson of the Board and the person(s) reporting the violation. If no case is to be presented, the Dean of Students or his or her designee will inform the person(s) reporting the alleged violation as to why charges are not being brought to the Board.
5. The Dean of Students or his or her designee and the Chairperson of Judicial Board will set a date and time for the hearing. The hearing should be set at least seven days, but no more than 14 days, after written statement of the charges is received by the accused. The right to seven days’ notice of a hearing, and the right to have a hearing within 14 days may be waived by the accused student, but it must be done so in a signed, dated statement. At the end of a semester, a hearing may be held within 7 days of receipt of the charges by the accused, provided the accused waives his or her right to have at least 7 days’ notice and provided it is possible to convene the Judicial Board. Otherwise, the hearing will take place within 2 weeks of the beginning of the following semester. The timetable for adjudication may be accelerated for students graduating from the University in order to complete the process prior to graduation ceremonies.
6. The accused student shall be given a written statement of charges being brought against him or her. The statement shall describe the charges with sufficient particularity to enable the student to prepare a defense. The student is to be notified of the date, time and place of the hearing, of the right to choose an advisor from among the faculty of the University, of the right to submit any pertinent evidence and to call witnesses. (A student may have a member of the faculty as an advisor, who will be present during the hearing, although the student may also, in writing, waive the right to an advisor. Although students may choose any member of the University faculty as advisor, the President will designate two members of the faculty, who are familiar with the procedures of the Judicial Board, as advisors. The names of these faculty members will be given as suggested advisors to students appearing before the Board. Students may, if they wish, consult an attorney, but the attorney may not be present at the hearing.)
7. The Dean of Students or his or her designee will notify the members of the Board of the date, time, and place of the hearing.
8. The Dean of Students or his or her designee, will investigate the charges and will present the case against the accused.
III. Hearing
A. The hearing shall be held on the Arcadia University campus, but it shall be closed to all except the following: members of the Judicial Board, specified witnesses and advisors, the accused student, person(s) reporting the case, and members of the Arcadia University community whose special knowledge is deemed important to the full consideration of the case by the Board and who may be invited to the hearing for advice and information at the request of the Chairperson.
B. The accused student shall be required to appear in person and to present his or her defense, if any, to the Judicial Board. If without just cause a student fails to appear, an additional charge of contempt of the Board may be entered, and the Chair of the Judicial Board may determine whether to proceed with the hearing.
C. The Secretary of the Board shall keep concise and accurate records of the proceedings. In addition, a tape recording of the proceedings should be made. The accused is to be informed of the existence of these summary records, which will be kept on file in the Student Affairs Office for five years, and of his or her right to have access to these records in the case of an appeal.
D. The hearing shall begin with a review of the pre-hearing and hearing procedures with the accused. This review is to be made a part of the record.
E. The Chairperson shall next read the charges.
F. The Chairperson shall ask the accused to respond to the charges as read. Should the accused admit the charges, or if the hearing is due to a second (or succeeding) violation of the Code of Academic Responsibility, the Board will then proceed with the hearing for the purpose of determining the sanction to be imposed. Should the accused not admit to the charges, the Board proceeds to hear evidence as to the level of responsibility of the accused.
G. The Judicial Board shall not be bound by the technical rules of evidence, but may hear or receive any testimony or evidence which is relevant and material to the issue presented by the charges and which will contribute to a full and fair consideration of the charges.
H. The accused will not be considered responsible unless or until allegations are admitted to or proven in the hearing. The standard of finding one responsible shall be the preponderance of evidence.
I. If at issue in the hearing is the level of responsibility of the accused student, and should the Dean of Students or his or her designee be aware of previous violations by the student, such information must be withheld from every member of Judicial Board until the student is found responsible for the violation of the charges under consideration.
J. The Chairperson shall call on the Dean of Students, or his or her designee, to present the case, bringing appropriate witnesses and evidence before the Board.
K. The accused is then given the opportunity to challenge or refute the charges in whole or in part, to call the present witnesses, and to submit other pertinent evidence.
L. With the exception of charges of sexual assault and related sex offenses both the accuser and the accused shall be present during these presentations and shall have the opportunity at reasonable times to question witnesses or to ask for clarification of any testimony or evidence. The Chair has the responsibility to ensure that all questioning of witnesses and of parties must be specifically related to the charges presented. Submission of written reports in lieu of the presence of a witness will be permitted only in situations where it is unreasonable for a witness to appear. If either party challenges the fairness of such documentation, the Chair will decide, based upon (1) the relevance and substantiality of the evidence so presented and (2) the importance of the principle that accused persons have the right to confront witnesses. If the charge is one of sexual assault or a related sex offense, it may be deemed necessary to exclude one of the parties to the case while the other is giving testimony. A student may request such a hearing in writing to the Affirmative Action Officer who will not sit in on the hearing, and in such cases (1) the adviser to the excluded party must be present during testimony and questioning, (2) an audiotape of the testimony must be made available to the excluded party, and (3) after hearing the audiotape the excluded party has the right to recall the witness for additional questioning, to be conducted by the excluded party’s adviser. These exceptions will be summarized and reported to the faculty annually at the end of each academic year.
M. During the entire presentation, members of the Board have the right to ask questions at reasonable time of those presenting testimony or evidence.
N. The Chairperson of the Board, at the end of the presentations, shall summarize the presentations of both sides.
O. The accused, accuser(s) and any advisors and witnesses will be dismissed while the members of the Board deliberate on the case in private to decide whether the accused student is responsible and/or sanctions. Decisions shall be made by majority vote of the members of the Board present at the hearing. The Board shall consider only the evidence that results from the hearing, and that which is pertinent to the case in question.
IV. Sanctions
A. If a student is found responsible for a violation of a University regulation, the Judicial Board shall impose one or a combination of the following sanctions or alternative sanctions when they seem appropriate. In every case concerning academic integrity, the faculty member has the final authority for determining penalties to be applied within the course. Sanctions applied by the Judicial Board that involve grades are advisory to the faculty member concerned. But violations of the Code of Academic Responsibility are also liable to the other sanctions. After the Board has made a finding of responsibility, the Board will consult with the Dean of Students to learn of any previous violations, and will use such knowledge to determine the sanctions appropriate to the case. Students reporting their own violation shall be given special consideration in the determination of penalty.
1. For violations of the Code of Academic Responsibility:
a. Formal written warning
b. Lowering the letter grade for the work involved.
c. Grade off for the work involved.
d. Lowering the letter grade for the course.
e. Resubmission of work or additional assignments.
f. Grade of F for the course.
g. For a second offense, any of the penalties under Section IV.A. 2 may be imposed.
2. For violation of University regulations or Code of Conduct:
a. Warning
warning, both oral and written, placing the student on notice that continuation or repetition of the violation may be cause for severe disciplinary action.
b. Censure
A warning, that includes one or both of the following (at the discretion of the Board): notification sent to the student’s parents (of dependent students) of both the offense and the disciplinary action taken. Action taken will be recorded in the student’s personal file for a specified period. If the student is found responsible of violating another University regulation within the specified time period, this letter will be opened and presented to the Judicial Board during its deliberation of the appropriate sanction for the second (or succeeding) offense.
c. Disciplinary probation
In cases of serious or repetitious misconduct, this sanction may be imposed for a stated period, usually one semester, but not longer than one year from the end of the current semester. Students on disciplinary probation are limited in their participation in University activities. Although they may continue as members of University organizations, they may not assume any office or any elected or appointed positions. Additional limitations regarding access to campus events and facilities or participation in events may be imposed.
d. Restitution
Restitution for damage to or misappropriation of property. This may take the form of appropriate University service or other compensation, including fines.
e. Dismissal from the residence halls
This sanction will be imposed in cases of serious or repetitious misconduct in the residence halls, or violations of the University Housing Agreement. For a specified period a student is not permitted to reside in or to be a guest in University housing, but he or she may continue to enroll as a student at the University. Parents of dependent students are notified of the cause of dismissal from the residence halls.
f. Permission to withdraw
This right may be extended at the discretion of the Judicial Board as an option to the students facing disciplinary action for serious offenses.
g. Suspension
Suspension is given for serious or repetitious misconduct. The student is excluded from classes and other University activities and is required to leave the campus for a limited period. Parents of dependent students are notified of the cause of suspension.
h. Dismissal
This sanction is imposed for the more serious forms of misconduct or for repetitive offenses and entails the student’s required absence from campus for an extended period, such as a semester or an academic year. Notification is given to parents of dependent students as to the cause of the dismissal. Decision on the readmission of students is not automatic.
i. Expulsion
Expulsion is given in cases of extremely serious misconduct when the judgment is that the student should never be permitted to re-enter the University. Parents of dependent students are notified of the action, and the student is required to leave the campus.
V. Post-hearing
A. Oncea decision has been reached, the accused student shall be informed of the decision and sanctions, if any, in person or by telephone by the Judicial Board Chairperson or for Administrative Hearings the Dean of Students or his or her designee.
B. The decision and the sanctions, if any, shall be communicated to the person in writing within 48 hours of the decision by the Chairperson of the Judicial Board. This letter shall include a statement of the student’s right to appeal the decision to the Appellate Board, on procedural grounds, and the procedure for doing so.
C. In the case of a violation of the Code of Academic Responsibility, a copy of the letter shall also be sent to the faculty member involved. If the sanction decided upon by the Judicial Board involves a grade, the Board’s decision is only advisory to the faculty member. The faculty member shall forward a reply to the Chairperson of the Board, indicating the action taken. This action will be kept on file with the other records of the case.
D. If the sanction decided upon by the Board involves suspension, dismissal, or expulsion, this recommendation will be reviewed automatically by the Appellate Board. In these cases, the Chairperson of the Judicial Board will send a copy of the Board’s recommendation, together with all records of the case, to the Vice President for Academic Affairs and Provost or the Vice President for Student Affairs, as appropriate.
E. A copy of the record and tape recordings of the hearing, and a copy of the letter to the accused student relating the decision shall be kept on file in the Student Affairs Office for five years. The record and tape recordings of the hearing are property of the University and may be reviewed, but not copied, by the accused, accuser(s) and any advisors to those individuals. In cases where the Judicial Board only recommends a sanction and does not have final approval, a record of the final action taken will be maintained with the other records from the case. All reports will be destroyed after five years. The only actions recorded on a student’s permanent file are suspension, dismissal and expulsion, unless the Judicial Board has specifically instructed such a recording to be made and has so informed the student.
F. If, within a reasonable period after a decision is made, new evidence becomes available, or other extraordinary circumstances are revealed, the Judicial Board may be asked to reconsider the case. Such a request must be made in a letter addressed to the Dean of Students, who will then consult with the Chairperson of the Judicial Board as called for in the pre-hearing procedures to decide whether to grant the request.
G. In addition to automatic review by the Appellate Board of decisions involving suspension, dismissal, and expulsion, any party in a case who wishes to appeal a disciplinary action or a decision shall present, within one week of the receipt of the decision, his or her request in writing to the Vice President for Academic Affairs and Provost or the Vice President for Student Affairs, as Chairperson of the Appellate Board. Appeals to the Appellate Board may be made only on the grounds that an error was made in the pre-hearing or hearing procedures which affected the outcome of the hearing. The letter requesting a hearing by the Appellate Board shall state the basis or reasons for the appeal. Any action assessed by the Judicial Board shall be held in suspension until acted upon by the Appellate Board.