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I.
Introduction
Shepherd
University is committed to order and due process. To accomplish
this the University has established a Judicial System, which
is administered by a Judicial Coordinator. The Campus Judicial
Board conducts due process hearings.
II.
The Campus Judicial Board
A.
The Board consists of two students, two faculty, and a faculty
presiding officer.
B.
The Judicial Board hears all cases requiring judicial review.
The Board may convene as needed or on a weekly schedule.
C.
Sanctions assessed by this Board may include suspension
or expulsion from the University.
D.
The Judicial Coordinator presents evidence to this Board.
III.
The Judicial Coordinator
The
Judicial Coordinator is an administrator designated by the
Vice President of Student Affairs with the responsibility
for the overall administration of judicial process at Shepherd
University.
IV.
How the Judicial Process Works
A.
A written violation of policy may be received from Residence
Life personnel, faculty, students, and other administrative
units, or any member of the campus community.
B.
Upon reviewing the incident reports, the Judicial Coordinator:
1.
Reviews and investigates the incident.
2.
As part of the investigation the Judicial Coordinator meets
with the accused student/s to discuss the incident.
3.
Determines the charges (when warranted) to be filed against
the accused student/s.
4.
In cases where the student admits to the charges or does
not wish to contest the case, he/she may elect to waive
a hearing and take an administrative sanction from the Coordinator
and/or the Assistant Vice President of Student Affairs.
5.
Assigns cases to the Campus Judicial Board or administrator
as appropriate.
C.
Hearing Procedures
1.
Cases are investigated by the Judicial Coordinator, who
will interview the defendant and all relevant witnesses.
2.
If the evidence warrants a hearing, the Judicial Coordinator
will notify the student of the date, time, and place of
the hearing in writing. The notice will be delivered by
a member of the Residence Life Staff, or mailed to the student’s
off-campus address.
3.
Notice of hearings must contain the charges, including pertinent
policy sections and a brief description of the incident.
4.
Five days’ notice must be given prior to the hearing date.
5.
Failure of the accused student to appear on the hearing
date after proper notification is not grounds to postpone
a hearing and the hearing will continue.
6.
In cases identified as having the potential for suspension
or expulsion, the student will be informed of the right
to have legal counsel present at the hearing. (In such cases,
students retain legal counsel at their own expense and must
notify the Judicial Coordinator at least two days prior
to the hearing of their intent to have an attorney present
at the hearing.) An advisor, whether it is legal counsel
or a member of the campus community, may consult and advise
the accused student, but may not speak on behalf of the
student or otherwise participate directly in the proceedings.
When the accused student retains an attorney, the University
may also elect to use legal counsel in an advisory capacity.
7.
If a student is a victim of an offense for which the accused
student goes to a hearing, the victim may be present throughout
the hearing and may have an advisor or legal representative
in the same manner as the accused student in the hearing.
8.
A taped transcript will be taken at all Campus Judicial
Board hearings.
9.
If the accused student is found guilty and the sanction
includes public service, the case is forwarded to the Judicial
Coordinator who administers the public service assessed
by the Judicial Board.
10.
Written sanctions, issued by the Campus Judicial Board,
will be formulated and delivered by the Campus Judicial
Board Chair to the Student Affairs Office.
11.
The accused student will pick up the written results of
the hearing at the Student Affairs Office at a time prescribed
by the Court.
12.
The Judicial Coordinator maintains a file of all cases heard
by the Campus Judicial Board.
V.
Disciplinary Sanctions
The
sanctions listed below shall be imposed upon students when
the circumstances clearly indicate that a campus regulation
has been violated. The sanction for a violation may be one
or a combination of those set forth below:
A.
Admonition: an oral statement to the student offender that
he/she has violated University rules.
B.
Warning: written notice to the student that continued or
repeated violation of University regulations will be cause
for more serious disciplinary action.
C.
Restitution: reimbursement for damage to or misappropriation
of property.
D.
Restriction: limited freedom to move about, to use campus
facilities, and/or to participate in campus activities.
E.
Disciplinary Probation: period of time during which full
compliance with policies, rules, and regulations is required.
Noncompliance would make the student on probation subject
to immediate suspension or expulsion. Disciplinary probation
may also include certain restrictions when so stated in
the decision of the hearing body.
F.
Suspension: restriction from campus, exclusion from class
attendance and other privileges or activities as set forth
in the notice of suspension for a stated period of time.
The conditions of readmission, if applicable, will be stated
in the order of suspension. This sanction shall also be
effective at all other state Universitys and universities in
West Virginia. During a period of suspension, no credits
earned at another institution will be accepted at Shepherd
University.
G.
Expulsion: complete termination of student status for an
indefinite period of time. The conditions of readmission,
if applicable, will be stated in the order of expulsion.
This sanction shall also be effective at all other state
Universitys in West Virginia. During a period of expulsion,
no credits earned at another institution will be accepted
at Shepherd University.
H.
Organizational sanctions may include, but are not limited
to: denial of the use of institutional facilities, institutional
recognition, and/or a recommendation to regional or national
headquarters that the organizational charter be revoked.
I.
In cases where the penalties listed above are inappropriate,
a penalty especially suited to the offense may be imposed.
VI.
Appeals
A.
An accused student may appeal a decision of the Campus Judicial
Board on the following grounds:
1.
The hearing was not conducted in a fair (impartial) manner.
2.
New evidence became available after the hearing.
B.
To effect an appeal, the defendant must notify the Vice
President for Student Affairs, in writing, within three
working days after the receipt of the sanction letter.
C.
Should the Vice President for Student Affairs determine
there are appropriate grounds for appeal, the Vice President
for Student Affairs shall render an appellate decision which
shall be final except in case of suspension or expulsion.
D.
The decision of the Vice President for Student Affairs may
take one of the following forms:
1.
Affirm the original verdict.
2.
Reverse the decision of the original board based on the
appeal grounds.
3.
Vacate the decision of the original board and order a new
hearing.
E.
In the case of suspension or expulsion the student may appeal
the decision of the Vice President for Student Affairs to
the President. This must be done in writing, within three
working days of the decision. The President’s decision is
final except in the case of expulsion.
F.
In the case of expulsion a student may appeal the President’s
decision to the appropriate governing board. A written petition
of appeal must be filed with the appropriate governing board
within fifteen days of the President’s decision.
G.
Sanctions imposed by the Judicial Process are suspended
during the time in which a matter is on appeal. Should the
appeal fail, all work completed during the time of appeal
is forfeited and the sanction begins at once. If it is too
late in the semester to impose the sanction, it applies
to the next regular semester. In any event a student may
not graduate during the process of appeal.
VII.
Rights of the Accused Student
A.
The accused student in any case has the right to the following:
1.
Presumed innocence.
2.
Face all witnesses in the hearing.
3.
Question any witness at the conclusion of his/her testimony.
4.
Bring witnesses to the hearing.
5.
Seek counsel from any member of the campus community or
legal counsel.
6.
Appeal for cause.
B.
Pending the outcome of initial charges or results of an
appeal, the student will not have his or her student status
altered, except for reason relating to the safety and well-being
of the students, faculty, staff or University property.
C.
If, in the judgment of the Judicial Coordinator, there is
probable cause to believe that the continued presence of
the accused on campus might constitute an unreasonable risk
to campus personnel, students or property the Judicial Coordinator
will, on the next regular class day, convene a special committee
consisting of three individuals appointed by the Judicial
Coordinator to review the evidence to determine whether
a temporary suspension or restriction is warranted. The
student will be given an opportunity to address the committee.
The committee has the authority to suspend or restrict the
student from campus until the student has a Campus Judicial
Board hearing and the results of that hearing are announced
to the student.
VIII.
Judicial Process Flow Chart
A.
Violation of campus policy is alleged a written incident
report is submitted to the Judicial Coordinator
B.
The Judicial Coordinator meets with the accused student
and reviews possible charges with the student. The student
may request a hearing, or in incidents where guilt is not
contested, take an administrative sanction.
C.
If a hearing is needed, the Judicial Coordinator sets the
date and notifies the student of the charges five days prior
to the hearing.
D.
Prior to the hearing (at least 24 hours prior) the student
needs to notify the Judicial Coordinator if he/she plans
to have legal counsel present at the hearing.
E.
The Judicial Coordinator will call three faculty or staff
(one of whom will be Chair) and two students from the Campus
Judicial Board pool to serve as members on the Campus Judicial
Board. Additional members will also be called to serve as
backups.
F.
At the hearing the members convene and meet the accused
student. Board members, who think that prior knowledge of
the student or the incident would keep them from being impartial,
are excused and a substitute board member takes their place.
Once the Board is convened the Chair swears in the Board.
G.
The Judicial Coordinator reads the charges and presents
the case.
H.
Witnesses are called and asked to give statements. The accused
student has the opportunity to question witnesses.
I.
The accused student may present his/or her case and call
witness if desired.
J.
After all testimony is introduced, Chair will excuse all
parties, except the Board Members, from the room.
K.
Campus Judicial Board reviews the evidence and decides whether
the student is responsible for the violation.
L.
The Judicial Board informs the student of decision. If the
student is not responsible, the student is excused.
M.
If the student is found responsible, the Board will hear
in the presence of the student, any prior disciplinary record.
The student will have an opportunity to raise questions
regarding the previous discipline record and offer an explanation
if desired.
N.
The Chair will schedule a date/time for the student to receive
sanctions.
O.
The Board determines an appropriate sanction for the Chair
to communicate to the student. |
