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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/or staff,
and a faculty or staff 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, among other
things, denial of institutional recognition for organizations,
denial of the use of institutional facilities for organizations,
restrictions on social activities, recruitment, and any
other kind of proceeding, formal or informal, mandatory
education, reparations, and recommendations to regional
or national headquarters that organizational charters be
revoked.
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 professionals or student staff, from faculty, students,
and other administrative units, or from 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 officers and/or members of accused club or organization
to discuss the incident.
3.
Determines the charges (when warranted) to be filed against
the club or organization.
4.
In cases where a majority of the officers or the president
of the club or organization admits to or does not contest
the charges, he/she/they may elect to waive a hearing and
take an organizational administrative sanction from the
Coordinator and/or from the Assistant Vice President for
Student Affairs/ Dean of Students. In cases where two, three,
or more other officers oppose in writing the president's
position, the case will go before a hearing board. In such
a situation, the officers have 24 hours after the charges
are delivered to present their written, signed letter of
opposition (to the president's position) to the Judicial
Coordinator.
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 members of the accused group relevant to
the investigation and all relevant witnesses.
2.
If the evidence warrants a hearing, the Judicial Coordinator
will notify the officers and members who need to be present
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 students' 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 officers and/or members 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 denial of
institutional recognition, the officers will be informed
of the right to have legal counsel present at the hearing.
(In such cases, the club or organization retains legal counsel
at its own expense and must notify the Judicial Coordinator
at least two days prior to the hearing of the 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 officers and/or members of the
organization, but may not speak on behalf of those students
or otherwise participate directly in the proceedings. When
the organization 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 organization
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 club/organization in the hearing.
The victim has the right to know the outcome of the hearing.
8.
A taped transcript will be taken at all Campus Judicial
Board hearings.
9.
If the club or organization 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 president or designated officer of the organization
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.
Appeals
A.
A club/organization 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 president or another officer, acting
on behalf of the club or organization, 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 cases where institutional recognition
is withdrawn/denied.
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 where institutional recognition is withdrawn/denied,
the organization 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. |
