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Preamble
A Student Judiciary Board is herein ordained and established
as the judiciary branch of student government at Ripon College. It
shall represent the students of the College and their interests while
at the same time recognizing its responsibility to the College community
as a whole. The Board will investigate alleged infractions of institutional
policies, determine guilt, and, with administrative approval, assess
penalties in order to maintain acceptable conduct. It may serve as
an appeals body, conduct general investigations, arbitrate disagreements
between students and organizations, interpret organizational constitutions
(including its own), and rule on the conduct of campus-wide elections.
Article I — Name
The name of this Board shall be the Student Judiciary Board of Ripon College.
Article II — Membership
Section A. The Student Judiciary Board shall consist of five permanent adjudicating members, five officers, two members at large, and a sergeant-at-arms.
Section B. The permanent adjudicating membership of the Board shall consist of preferably not less than one member from each of the three upper classes. There shall not be more than one permanent adjudicating member from each of the following living groups: individual fraternities, individual sororities, Quadrangle independent living units, and independent students living off-campus. There shall be not more than two independent members from the following living groups: Johnson Hall, Scott Hall, or Tri-Dorms.
Section C. The five officers of the Board shall consist of the President, Vice President, Student Defender, Student Examiner, and Secretary. The five officers shall comprise the executive council, each having one vote within that council. Not more than one of these five shall be of the same living group, as defined above.
Section D. The two members at large shall be randomly drawn from those students currently enrolled at the College as listed in the student directory. These members shall serve for the length of one session and shall not be of the same living group, as defined above.
Section E. No person shall be simultaneously an officer or member of the Board and an officer or member of the Ripon College Student Senate.
Section F. A complete slate of nominations for election to the Student Judiciary Board will be presented to the Student Senate by the Board no later than April 1 of each year. This slate should be approved by a majority of the Senate, quorum present, or if such a majority is not attained, the slate not approved is to be returned to the Board with any appropriate comments or recommendations. The Board will then submit a new slate or the same slate at the next Senate meeting. If after three regular Senate meetings the candidate(s) has not been approved, the name(s) will then go to a Selection Committee consisting of three permanent Board members (except the President), and three senators elected by a two-thirds majority of the Senate, immediately upon request of the Board. This Selection Committee will be chaired by the Board President, who shall have no vote. If this committee does not resolve the issue by the next scheduled Senate meeting, appropriate action as prescribed by By-Laws shall be followed.
Section G. When there is a vacancy on the Board, the Board shall announce it publicly and accept applications for the position. The vacancy shall be filled with dispatch, and after making its selection, the Board shall present the name to the Senate in accordance with Article II, Section F.
Section H. Advisers to the Board shall be College staff members appointed by the dean of students, who shall be in attendance at all hearings. These advisers are the official representatives of the College administration.
Article III — Term of Office
Section A. Members of the Board shall serve from July 1 or the date on which the Student Senate approves their nomination, whichever is later, until the following June 30.
Section B. The Board shall be functionally operative from July 1 until June 30, or until approval of a new Board by the Senate, whichever is later. The Board shall be physically operative from the first day of the academic year, or the date of their approval by the Senate, whichever is later, until the end of the academic year.
Section C. Shall a student not meet the responsibilities of the Board or of Ripon College, he or she may be removed from the Board by a two-thirds majority of the remainder of the Board voting as a whole.
Article IV — Officers and Their Duties
Section A. The President of the Board shall be its presiding officer and the presiding officer of the Selection Committee. The President shall be a member of the Joint Judiciary Committee and will also serve as an election official for the Student Senate elections.
Section B. The Vice President of the Board shall be a voting member in the Executive Council. The Vice President shall have voting privileges on procedural matters only. If the incumbent President should become incapacitated at any time, meaning unable to perform the duties, the Vice President shall temporarily replace the President. If and when this event occurs, the Vice President shall assume all rights and responsibilities of the President.
Section C. The Student Defender shall consult with each of the defendants, informing them of the judicial system and of their rights as students. It is the defender’s responsibility that, to the best of his or her ability, a defendant receives a fair hearing.
Section D. Along with the Examiner, the Defender shall be responsible for investigation, collection, and presentation of evidence for all cases.
Section E. The Secretary shall keep brief and accurate records of all Board proceedings in accordance with By-Laws, and shall be responsible for notifying Board members of scheduled meetings.
Section F. The Sergeant-at-Arms shall be responsible, as directed by the President, for the issuing of subpoenas at an appropriate time prior to each hearing, for contacting at-large adjudicating members for each hearing, and for calling witnesses for each hearing. The Sergeant-at-Arms shall not be a member of the Executive Council and shall not vote on matters of adjudication, but shall be considered a permanent member of the board and shall vote on all procedural matters.
Article V — Jurisdiction
Section A. The Student Judiciary Board often has original jurisdiction in cases of alleged student misconduct that are of general nature (i.e., that are not deemed appropriate for more specialized jurisdictions). Exceptions to this principle include the following:
- Cases of academic dishonesty shall be handled by faculty members, the dean of faculty, and/or the Joint Judiciary Committee.
- Charges of violation of the College’s policy on disruptive demonstrations shall be handled by the Joint Judiciary Committee.
- Violations of the College’s policy on drug abuse shall, when hearings are necessary, be considered by the Committee of the Deans because of the sensitive nature of such charges and their implications for action by civil authorities.
- When the Student Judiciary Board is unable or unwilling to take a case, it may be handled by the appropriate Dean or a committee of deans.
- Because of the very nature of Ripon College, certain cases may arise in which misconduct can better be handled by an appropriate Dean within a counseling context than by a hearing before a full board of the offender’s peers. Nothing within the principle of the Student Judiciary Board’s general original jurisdiction shall prevent, in special circumstances, this type of administrative procedure. Any of the following are criteria to be considered in deciding that a given problem is to be handled in this way:
a. the student’s strong preference for administrative consideration concomitant with the willingness of the Dean to handle the case;
b. the non-adversary nature of the case;
c. a previously established counseling relationship between the student and the Dean;
d. the presence of psychiatric, highly personal, embarrassing, or confidential/privileged information.
Section B. The Student Judiciary Board shall conduct hearings in misconduct cases falling within its original jurisdiction, making thorough investigations, examining the evidence, deciding on guilt or innocence, and — with the approval of the College administration as given by the administrator(s) present, as defined in Article VI, Section G — assessing penalties up to and including dismissal from Ripon College. Such actions of the Board may be appealed to the Joint Judiciary Committee in accordance with the policies of that body.
Section C. The Student Judiciary Board is vested with the power to conduct an investigation, without litigation, of a general problem situation within the area of student life. The findings of such investigations shall be turned over to the appropriate bodies for their action.
Section D. Individuals may bring charges against other students or student organizations.
Section E. The Board shall interpret the policies of all intracampus organizations when a question of constitutionality arises in a dispute involving the constitutions, legislation, rules, or activities of intracampus parties. The Board may also serve as arbiter between disputing student organizations, upon request of any such organization.
Section F. Under exceptional circumstances, the Board may exercise its discretion and take original jurisdiction or re-examine a case originating in another student organization. Appeals from Student Judiciary Board decisions in such cases may be taken to the Joint Judiciary Committee in accordance with that body’s policies.
Section G. Appeals from judiciary decisions of other student groups may be heard by the Student Judiciary Board, particularly when a constitutional issue is raised, a penalty appears excessive, or the judiciary process appears seriously faulty. Such appeals may be initiated by the student(s) concerned or, in unusual cases, by the organization. While the purpose of this provision is to protect the individual student from excessive penalties or capricious decisions, it should be recognized that, in most cases, the Student Judiciary Board will see its role as reinforcing the actions taken by other jurisdictions and of strengthening student government at Ripon College by encouraging the solution of problems at the lowest possible level, in the most efficient manner, and with the greatest possible specialized knowledge applicable to any given situation.
Article VI — Procedure
Section A. The Board shall handle cases according to the judicial procedure it deems necessary in accordance with its By-Laws so that the defendant is assured a just and speedy hearing within the limits necessary for adequate preparation.
Section B. The students, faculty, or administration may bring to the attention of the Board any appropriate matter falling within the jurisdiction of the Board as defined in Article V. Investigation of these matters shall be undertaken by the Examiner, who shall present the results of his investigation to the Executive Council. At this time, the Executive Council shall decide if there is sufficient evidence to warrant a hearing; and, if so, whether the hearing is to follow the informal or formal procedure as prescribed by By-Laws.
Section C. The President, with the consent of the Executive Council, is authorized to subpoena any student to appear before the Board or to give testimony, and may request outsiders to appear. Should a witness and/or defendant not appear, he or she may be subject to a fine, the amount of which is left to the discretion of the board. The President may subpoena the records of all other student organizations and judicial councils.
Section D. Challenging of members-at-large is permitted. The Student Examiner and the Student Defender and/or defendant have the right to challenge for cause (requiring a simple majority vote) and each has one (1) pre-emptory challenge. Any permanent adjudicating member or the President has the right to challenge for cause (requiring a simple majority vote).
Section E. No defendant shall be tried in the absence of the student defender of his choice from the academic community of Ripon College, within the limits of availability and willingness to serve. Persons charged in contempt of the Board may, however, be fined in absentia.
Section F. Unless the Defendant or the Executive Council request closed hearings, observers may be present during presentation of evidence, but not during deliberation.
Section G. The adjudicators may impose any penalty upon a guilty defendant that they deem just within the limits of their By-Laws, subject to administrative approval at the time of the sentencing, by a vote of a majority of those adjudicating members present and voting. The only exception to this shall be that a motion for suspension or expulsion from the College may not carry with more than one dissenting vote. Cases in which administrative approval is withheld shall be heard by the Joint Judiciary Committee.
Section H. The permanent adjudicating members and the two members-at-large shall vote on all matters of adjudication, with the President voting only to make or break a tie. The permanent Board (except the President) may vote on all matters of procedure, with the President voting only to make or break a tie.
Article VII — Meetings
Section A. The Board shall meet at regularly scheduled times as determined by the Board or when the Executive Council deems necessary.
Section B. In the case of a refusal by the Executive Council to call a meeting, the Board’s advisers may do so.
Article VIII — Quorums
For hearings, a quorum shall consist of at least four adjudicators, three of whom are permanent adjudicating members. For procedural matters, a quorum shall consist of two-thirds of the total permanent membership of the Board.
Article IX — Adoption
This constitution shall be adopted by a three-fourths vote of the Board presently serving and by a two-thirds vote of quorum of the Student Senate and appropriate administrative approval.
Article X — By-Laws
By-Laws for the operation of the Student Judiciary Board may be made or rescinded by a two-thirds vote of quorum at two (2) consecutive meetings of the Board. The By-Laws shall not conflict with any of the rights or responsibilities granted or required by this Constitution.
Article XI — Amendments
Amendments to this Constitution may be made by a three-fourths majority vote of the Board and must be approved by a three-fourths majority of the voting members of the Student Senate present and by the Board of Trustees of the College.
September 19, 1973
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