Philosophy of the Judicial Review Board
All of the Judicial Review Board’s (JRB’s) activities, and ultimately its very existence, derive from a single principle: the student’s accountability for his or her own conduct. Thus the JRB conceives of its role, in terms of the University judicial process, as one of mediation between the expectations of the University as an enduring institution, the needs and rights of the student body as a whole, and the needs, rights and conduct of the individual student. Each alleged violation of University rules is considered unique, due to the circumstances surrounding the violation; therefore, there is no system precedence. The sanctions it recommends represent, not an attempt to punish, but the best possible balance of the three interests, and are a sincere attempt to communicate to the individual, at the most immediate level possible, that his/her actions have somehow damaged the mutual ongoing process of education.
Composition of the Board
The Judicial Review Board (JRB) shall be comprised of the President, Vice President, and twenty elected members — five from each of the first-year, sophomore, junior, and senior classes. The JRB is advised by the Office of Judicial Affairs and Community Responsibility. If a judicial representative feels that he or she cannot hear the case objectively, the representative shall disqualify himself/herself from the hearing. A quorum of five must be present to hold a hearing. The others shall be reserved in the event of an appeal. JRB members will select (from within the JRB), a Hearing Coordinator, a Sanctions Coordinator, a Secretary, and a Treasurer.
Procedures for JRB hearings:
1. The JRB President receives the Incident Report and will contact the accused student about the scheduled date and time of the hearing.
2. All those in attendance introduce themselves by their name and their role in the hearing.
3. The Hearing Chair reminds all present about adherence to the Honor Code, and about the standard of evidence used, which is preponderance of evidence.
4. The Hearing Chair reads the charges to the accused student, who pleads “Responsible” or “Not Responsible” after each charge. (If the accused student pleads “Responsible” to all charges, the hearing moves directly into the sanctioning phase.)
5. The incident documentation is read by the Hearing Chair.
6. The incident documenter (if present) and witnesses requested by the JRB (if present) relate their perspectives of the incident. 7. The accused student relates his or her perspective of the incident.
8. Witnesses requested by the accused (if present) share their perspectives of the incident.
9. The accused student is given the opportunity to hear all statements made by the incident documenter and by the witnesses, and to question these individuals in front of the JRB following their statements.
10. The accused student is given the opportunity to make a closing statement.
11. The Hearing Chair adjourns the hearing for deliberation. The Board may recall any individual to question his or her statements further. The decision of the JRB is based on the incident documentation and on statements made during the hearing. A simple majority of JRB members present will determine whether the accused student is found “Responsible” or “Not Responsible” for each charge.
12. The Hearing Chair reconvenes the JRB and the accused student (and his or her advisor, if present) and announces the JRB’s decision.
13. If the accused student is found “Responsible” for one or more charges, s/he is given the opportunity to make a statement and the JRB is given the opportunity to question the accused student further.
14. The Hearing Chair adjourns the hearing for sanctioning. The decision of the JRB is based on the incident documentation, statements made during the hearing, and any prior violations for which the accused has been found “Responsible.” JRB members will reach a decision concerning sanctions by a simple majority.
15. The Hearing Chair reconvenes the JRB and the accused student (and his or her advisor, if present) and announces the JRB’s decision. The accused student is reminded about his or her right to appeal the hearing. 16. The Hearing Chair adjourns the hearing.
Waived rights procedures and appeals
Students have the option to waive their right to a Judicial Review Board hearing and to plead responsible to all charges. In a waived rights procedure, the accused student is not present. The Judicial Review Board President or Vice President reads the incident report to a panel of at least five JRB representatives. The panel then discusses and decides on appropriate sanction(s) for the offense(s). A decision letter is sent to the student indicating what sanction(s) have been issued.
After the waived rights procedure has been completed, students who chose the procedure may appeal the panel’s decision if they feel that the sanction they received was too severe.
Students who wish to appeal must submit a letter stating the grounds for their appeal to the Judicial Review Board within five business days after notification of the panel’s decision. In the case of an appeal, the accused student’s case will be heard before an appellate panel comprised of at least five representatives who did not sit on the original waived rights panel. The panel may sus tain the original sanction(s), or may choose to decrease the sanction(s). As with other appellate procedures, the decision of the appellate panel is final.