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Purpose and Scope
The chief function of the Joint Committee is to
handle appeals from the Student Judiciary Board. It may also exercise
jurisdiction when specifically directed by the President of the College.
This Committee provides both for the high degree of formality and
for the broad, all-campus representation which may be called for
in certain instances.
While it has jurisdiction in some cases of
academic dishonesty and all cases of disruptive demonstrations, certain
principles underlie decisions to grant such jurisdiction in other
situations:
- a desire to handle internally, yet formally, disciplinary
situations which may arise;
- the desire to avoid interfering
with or prejudicing in any way cases which may find their ways
into the Courts;
- the necessity of dealing with situations
which involve the vital interests of more than one segment of the
campus community (i.e., students, faculty, administration).
Without stating specific
guidelines, it is stipulated that this committee has the right to
refuse appeals from what it deems to be minor penalties. At the same
time, it must accept all cases referred to it by the President of
the College, and, if the defendant so requests, it must hear appeals
from all decisions of expulsion or suspension for disciplinary reasons
from the Student Judiciary Board, provided that the carrying out
of that portion of the penalty itself has not been suspended.
Except
for those cases which are automatically handled by this Committee,
cases, particularly those of appeal, will be screened by a sub-committee.
The decision of this sub-committee will determine whether or not
the larger group will hear the case. The sub-committee consists of
the Chairman of the Joint Committee plus two other members to be
selected by the Chairman with the stipulation that each of the three
constituencies (students, faculty, and administration) be represented.
Membership
The Joint Committee shall consist of three faculty members,
with one designated to serve as Chairman; the Dean of Students, the
Dean of Faculty, and three students — the President of the
Student Senate, the President of the Student Judiciary Board, and a student assistant hall director as approved by the dean of students. Student representation on
the Joint Committee must include members of both sexes. To satisfy
this requirement, if all three of the officers specified above are
of one gender, then the Student Senate position will be filled by the highest
ranking officer of the other gender in the Senate. In the case of need for faculty
or administrative replacement, the President will appoint a replacement
for that particular case. No segment of the campus normally represented
on this committee will be deprived of its full complement of votes
(except, in the case of the student members, by the specific request
of the accused).
Challenges for the purpose of disqualification
may be made in connection with any hearing. However, any such challenge
must be made as the first order of business at the time of the hearing
and disposed of before proceeding further. Should a member be challenged,
the full Committee, together with the defendant and College advisor,
if any, will hear the basis of the challenge and all arguments pro
and con. The defendant, with advisor, and the challenged member will
then leave the room, and the remaining members of the Committee will
vote on the challenge. A simple majority vote will decide the issue
when there are not absentees. In any event, it will take a minimum
of four votes to sustain the challenge and disqualify the member.
In the case of the student members, the defendant has the right to
request that students not sit in judgment of him/her, and in such
case the hearing will be conducted by the remaining four members.
However, should a specific student disqualify himself/ herself, be
challenged for purposes of disqualification, or find it necessary
to be absent, the place will be filled by a person of like sex drawn
at random from a pool of 10 alternates nominated by the Student Judiciary
Board.
General Procedure
In the case of an appeal from the Student Judiciary
Board, a screening sub-committee referred to above will be convened.
If the Committee accepts the case for the full Committee, the appellant
will be notified by the Chairperson of the time and place of the
hearing. It will be the appellant’s responsibility to present
the case.
When the Chairperson has been informed of
a pending case (other than an appeal) he/she will notify (or cause
to be notified) in writing the accused and any other persons involved
or implicated, stating clearly the nature of the offense or, in the
case of witnesses, the nature of the hearing and of their possible
involvement. If the case is of such nature that there is a reasonable
probability that a serious penalty would be assessed, the Chairperson
will communicate that fact. The notification will give the time and
place of the hearing and inform the accused that he/she may be represented
by an advisor chosen from members of the campus community — i.e.,
student, faculty, or administration.
Except in unusual circumstances,
the accused’s parents will receive a copy of the notification.
The accused will — except in unusual (and defensible) instances — be
allowed at least 72 hours between the time of receiving notification
and the time of the hearing in order to prepare a defense.
Procedures for the Hearing
- Other persons who may be present:
a. College advisor for the defendant (see above);
- The Committee will meet in executive session at least 15 minutes prior to the time of the hearing for the purpose of clarifying the charges and handling any procedural problems that may have arisen or are anticipated.
- After the hearing is called to order, the Chairperson will make all necessary introductions and will read the specific charges.
- After the reading of the charge(s) the accused or advisor will be asked to plead guilty or not guilty. (The accused may choose not to enter a plea at this time.) The accused or advisor (not more than one, except by special permission of the Committee) will be asked to make any statement he/she wishes. (In the event that a statement is not made at this time, he/ she may do so at any later time during the hearing.)
- Witnesses for the Committee will then be called, and other evidence may be presented.
- Witnesses for the accused will be called and evidence may be presented.
- All witnesses are subject to questioning by the members of the Committee, the accused, and advisor; any further evidence is subject to the scrutiny of all parties.
- The accused, with advisor, must be given the opportunity to be present to hear all evidence presented either in person or in writing to the Committee, to challenge or offer rebuttal to any testimony, and to react to all evidence presented.
- After all witnesses have been heard and questioned and all evidence presented and discussed, the accused and advisor will be offered another opportunity to make a statement or statements.
- Following the final statement by the accused, all present except the Committee members will leave the room and the discussion and deliberation portion of the hearing will take place.
- The Committee will first decide upon guilt or innocence. It will then, in the event of a finding of guilt, proceed to the determination of penalties. In appeals cases, the Committee may act to reduce sentences already imposed, or to change them, except that it may not increase the penalty.
- The decision of the Committee, based on a simple majority vote, will be prepared in writing before recalling the accused. This written statement will be read aloud. An opportunity will be afforded for questions. The statement must include information as to channels for appealing to the President of the College, including a 48-hour deadline for submitting such an appeal in writing.
- A copy of the written decision, as read to the accused, will be included in the letter sent to his parents and in the confidential personnel record maintained by the College for each student.
- If the accused has chosen to remain silent or has declined to answer particular questions, that fact, in and of itself, will not prejudice the Committee’s findings. On the other hand, the accused’s silence will not prevent the Committee from finding him guilty should that be its decision on the basis of the other evidence presented. Although it is the obligation of the “prosecution’’ to prove guilt, rather than for the accused to prove innocence, the fact remains that if the accused chooses not to appear before the Committee, to remain silent, or to refuse to answer certain questions, the effect must be one of leaving charges unanswered or allegations irrefuted.
Records of judicial proceedings shall be maintained as follows:
- A secretary shall be appointed for the Committee (either from its own membership or, depending on the situation, in the form of stenographic service from outside its membership).
- The official record of a hearing shall consist of a dated page indicating the names of the Joint Committee members for that case, the name of the accused, the charge, the plea, the finding of guilt or innocence, the penalty levied, the signature of the secretary, and the signature of the Chairman of the Committee. In addition, the Committee shall keep on file for a period of at least four years any records or other material pertinent to the case: correspondence, copies of notification letters, and so forth, as well as a verbatim transcript of significant portions of the hearing.
- The academic transcript of a student found guilty and expelled by the Joint Judiciary Committee for academic dishonesty will bear the notation “Academic Dismissal.” Academic transcripts of students will not bear any notation of other outcomes of the Joint Judiciary Committee.
- Records of cases, as well as individuals, may be subpoenaed, through proper channels, by law enforcement authorities. Records and personnel are utilized by law enforcement agencies to assist in investigative processes and, therefore, are subject, under certain legal restrictions, to being subpoenaed. Except in cases of subpoena, information respecting disciplinary action will not be released without authorization by the student concerned.

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