COLLEGE JUDICIAL BOARD

1. Composition of the Board
2. Eligibility
3. Appointment Process
4. Terms of Office
5. Jurisdiction
6. Rules Governing Procedures of the College Judicial Board and Procedurdal Rights of Individuals Charged

A. Composition of the Board

The College Judicial Board shall consist of 12 persons: seven students and five faculty members. A faculty member shall be elected chairperson of the College Judicial Board by the other members for a one-year term.The responsibilities of the chairperson will be to insure that the RIGHT TO DUE PROCESS is not abridged and that the College Judicial Board hold sits hearings in accordance with procedures set forth herein. A simple majority of the members of the Board shall constitute a quorum.
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B. Eligibility

A student member of the College Judicial Board shall be a student whohas been enrolled at least one semester and has at least a 2.0 cumulative average.
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C. Appointment Process

Students and faculty shall be nominated for membership on an individualbasis by each respective Division Council (faculty members: one each fromSocial Sciences and Humanities, Business Technologies, Engineering Technologiesand Science, and Continuing Education and Instructional Resources; studentmembers: two each from Social Sciences and Humanities and Business Technologies,one each from Engineering Technologies and Science, Health Technologies,and Continuing Education and Instructional Resources) and forwarded tothe Vice President, who shall make the final appointment of the membersof the College Judicial Board. Appointments shall be made within the first30 days of the Fall semester.
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D. Terms of Office

Students and faculty members shall be appointed for one-year terms.In the event of a resignation, an appointment will be made after nominationby the appropriate body for the length of the unexpired term.
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E. Jurisdiction

The Judicial Board shall be the principal campus-wide committee withjurisdiction to hear all charges of student misconduct which have as apossible penalty either probation, suspension, or the levying of a fine.After careful deliberation the Board will recommend appropriate actionto the Vice President. The Vice President in turn will impose appropriatesanctions if students are found to be guilty.

The Judicial Board shall have the authority to prescribe supplementaryrules of procedure consistent with the requirements contained herein. TheBoard may also, on request, render written advisory opinions concerningthe meaning and application of this code, or of the rules and regulationspromulgated pursuant to this code.
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F. Rules Governing Procedures of the College Judicial Board and Procedural Rights of Individuals Charged

1. The Judicial Board proceedings are denovo, that is, without reference to any matter developed previously in an informal proceeding in which disciplinaryaction was considered.

2. No member of the Judicial Board, who has previously participated in the particular case or who would appear as a participant before the Board itself, shall sit in judgment during that particular proceeding.

3. Hearings before the Judicial Board shall be held in private unless students charged request that the public be admitted. The public may then be admitted subject to the following stipulations:

a. That in the event of disorder or disruption of the hearing by spectators,the Board may order the hearing closed to the public.

b. The Board may order all spectators excluded from the hearing during the testimony of a witness when the Board concludes that such exclusionis necessary and appropriate to avoid embarrassing publicity for a witness.

4. Persons charged shall have the right to be represented by an attorney or any other representative of their choice from within or without the College community.

5. Persons charged shall have the right to be informed of the identity of the person initiating the charges against them and the right to hear the witnesses against them, subject to reasonable rules of procedure, the right to cross-examine such witnesses either personally or by their representative.

6. Persons charged shall have the right to produce witnesses in their own defense. The Board may limit the number of repetitive witnesses inorder to avoid dilatory tactics.

7. Persons charged shall have the right to testify in their own behalf,or to refuse to testify without such refusal being construed against them.

8. The charges may be presented by either the appropriate Dean or legal counsel or another agent of the College appointed by the Vice President.

9. A written transcript or other record of the hearing shall be made and preserved for not less than 60 days after persons charged have been notified of the Board's action in the case. In the event no appeal is taken from the Board's action within the time set for such appeal, the transcriptor record may be destroyed.

10. Order of Business:

1. Call to Order, Chairperson
2. Statement of case to be heard, Chairperson
3. Opening Statement, Complainant or College Delegate
4. Opening Statement, Defendant or Advisor
5. Presentation and cross-examination of evidence and witnesses forthe prosecution
6. Presentation and cross-examination of evidence and witnesses forthe defense
7. Closing Statement, Complainant or College Delegate
8. Closing Statement, Defendant or Advisor
9. Closing comments and announcement regarding the calendar, Chairperson
10. Adjournment, Chairperson

11. Deliberations of the Board shall be conducted out of the presenceof persons charged with misconduct and with no other persons or spectators present.

12. No record or transcript of the Board's deliberation shall be made except a formal record of the Board's action.
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