1. Judicial/Appeals Committee Membership
a. A designated College Official will be appointed as the Chair of the Judicial or Appeals Committee by the college president, vice president or designee, including senior administrator at another college.
b. When possible, a committee membership will be made up of the suggested members below:
i. Two (2) faculty or staff selected based on the specifics of the case being heard
ii. Student representation based on the college’s practice of appointing or electing student judiciary members.
iii. When a case involves residential life there should be a representative from that population on the committee
c. During the summer or vacations, a meeting may be called and members will be selected as follows:
i. Regular members (as determined above) will serve, if available
ii. In the event sufficient regular members are not available, the designated College Official will appoint additional members as necessary to reach a quorum and in such a
manner as to reflect the original representation of the committee.
d. The Vice President of Student Affairs has the right to change the number and makeup of the judiciary or appeals committee as required to meet the needs of the campus, schedule availability, or the complaint at hand.
e. If the complaint has been brought by a member of the Judicial or Appeals Committee or the Vice President of Student Affairs, he/she shall recuse him/herself from the Committee’s deliberations and voting.
2. Judicial/Appeals Committee Hearings
a. The VPSA or designee, including senior administrator at another college may determine if a grievance or appeal should be heard by a Judiciary Decision Maker or a Judiciary Committee.
b. In the case of a Judiciary Committee, a minimum of three (3) members (including the Chair) shall constitute a quorum to conduct a hearing. If three appointed members are not available due to recusals or for other reasons, additional members shall be selected by the designated College Official pursuant to the methodology set forth in section c below.
c. The Vice President of Student Affairs has the right to change the number and makeup of the appeals committee as required to meet the needs of the campus, or the complaint at hand.
d. Hearings shall be conducted by the Judiciary or Appeals Committee according to the following guidelines:
i. The parties shall receive written advance notification informing them of the allegations set forth in the complaint, the time, date and place of the hearing.
ii. The Respondent may remain silent or submit only a written statement or response to the complaint.
iii. Hearings normally shall be conducted in private. Admission to the hearing of any person not directly involved with the proceedings shall be at the discretion of the chairperson of the Judiciary or Appeals Committee.
iv. When more than one individual is charged with the same violation, each Respondent shall have the right to an individual hearing. Otherwise, the cases may be heard jointly.
v. The Complainant and the Respondent have the right to be assisted by an advocate they choose. The Complainant and/or the Respondent, however, are each responsible for presenting their own case and, therefore, advocates are not permitted to speak or to participate directly in any hearing before the Judiciary or Appeals Committee.
vi. The Complainant, the Respondent and the Judiciary or Appeals Committee shall have the right to call witnesses. They also have the right to present pertinent records, exhibits, and written statements for consideration by the judiciary or appeals committee. All questioning of the Complainant, the Respondent, and witnesses will be
conducted by the judiciary or appeals committee.
vii. In certain cases, when a complaint has been brought by an individual who is either unable or unwilling to present the case, the college may appoint a representative to present the case. In these instances, a College Official or the impartial investigator will consult with the Judiciary or Appeals Committee to determine the appropriateness of serving in this role.
viii. All procedural questions are subject to final decision by the chairperson of the Judiciary or Appeals committee.
ix. After the hearing, the Judiciary or Appeals Committee shall determine based upon the evidence presented at the hearing (by majority vote) whether the Respondent
Student has violated the Code. The chairperson will vote only in the event of a tie.
x. The Judiciary or Appeals Committee determination shall be made on the basis of whether it is more likely than not that the Respondent committed the alleged offense and thereby violated the Code.
xi. The Judiciary or Appeals Committee will issue a report of its findings and sanctions to be imposed to the appropriate College Official within three (3) business days of the completion of its hearings on the matter.
xii. The College Official will provide written notification of findings and sanctions to the Complainant and the Respondent Student, and administrative offices on a
need-to know basis. The original will be maintained with the college’s judicial records.
e. The Chair of the Judicial or Appeals Committee shall be responsible for making a record of the hearing. There shall be a single record (whether written minutes, audiotape or other record) of all hearings before the Judiciary or Appeals Committee. The records shall be the property of the college and may only be reviewed by the parties or college official upon providing a written request to the appropriate College Official.
f. Except in the case of a student charged with failing to obey the summons of the Appeals Committee, Judicial Decision Maker/Committee or College Official, no student may be found to have violated the Community Standards and Student Code of Conduct solely because the student failed to appear before the Judicial Decision Maker/Committee or Appeals Committee. In all cases, the evidence in support of the charges shall be presented and considered.
g. The decision of the Appeals Committee is not subject to further appeal by the student. Any step, sanction, or decision within the judiciary process is open to review by the Vice President or designee, including senior administrator at another college.