E. Judicial Committee Appeal Hearings

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  1. A minimum of five (3) members (including the Chair) shall constitute a quorum to conduct a hearing. If five appointed members are not available due to recusals or for other reasons, additional members shall be selected by the Judicial Advisor pursuant to the methodology set forth in paragraph 2b below.
  2. During the summer or vacations, a meeting may be called and members will be selected as follows:
    1. Regular members will serve, if available, or
    2. In the event sufficient regular members are not available, the Judicial Advisor will appoint additional members as necessary to reach a quorum and in such a manner as to reflect the original representation of the committee.
  3. If the complaint has been brought by a member of the Judicial Committee or the Vice President of Student Affairs, he/she shall recuse him/herself from the Committee’s deliberations and voting.
  4. Hearings shall be conducted by the Judicial Committee according to the following guidelines:
    1. 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.
    2. The Respondent may remain silent or submit only a written statement or response to the complaint.
    3. 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 Judicial Committee.
    4. 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.
    5. 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 his or her own case and, therefore, advocates are not permitted to speak or to participate directly in any hearing before the Judicial Committee.
    6. The Complainant, the Respondent and the Judicial 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 Judicial Committee. All questioning of the Complainant, the Respondent, and witnesses will be conducted by the Judicial Committee.
    7. 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 member of the Judicial Body or the impartial investigator will consult with the Judicial Committee to determine the appropriateness of serving in this role.
    8. All procedural questions are subject to final decision by the chairperson of the Judicial Committee.
    9. After the hearing, the Judicial Committee shall determine based upon the evidence presented at the hearing (by majority vote) whether the Respondent Student has violated the Student Code of Conduct. The chairperson will vote only in the event of a tie.
    10. The Judicial Committee’s 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 Student Code of Conduct.
    11. The Judicial Committee will issue a report of its findings and sanctions to be imposed to the Judicial Advisor within three (3) business days of the completion of its hearings on the matter.
    12. The Judicial Advisor 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 with the college’s judicial records.
  5. The Judicial Advisor 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 Judicial Committee. The record 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 Judicial Advisor.
  6. Except in the case of a student charged with failing to obey the summons of the Judicial Committee, Judicial Body or college official, no student may be found to have violated the Student Code of Conduct solely because the student failed to appear before the Judicial Body or Judicial Committee. In all cases, the evidence in support of the charges shall be presented and considered.
  7. The decision of the Judicial Committee is final and is not subject to further appeal.