Judicial Policies

The university, through the vice president for Student Affairs, has the duty and corollary disciplinary power to protect its educational purpose and objectives through setting standards of conduct.

Judicial processes and procedures are substantially secondary to the use of example, guidance, counseling, mediation, and admonition in the development of responsible student conduct.  However, when these preferred means fail to resolve problems of student conduct, procedural safeguards allow for proper action while protecting the student from unfair imposition of serious penalties.

The judicial process is not a criminal process; however, basic fairness will be protected.

JUDICIAL PROCESS

The university has the duty of corollary disciplinary power to protect its educational purpose through setting standards of scholarship and student conduct and through regulating the use of its facilities.  In exceptional circumstances, when the preferred means to resolve the problems of student conduct fail, procedural safeguards allow proper action while protecting the student from an unfair imposition of serious penalties.

The campus judicial process permits any member of the university community (student, faculty, administrator or staff) to register a complaint against a student/student organization (undergraduate and graduate) with the Judicial Coordinator. If the complaint warrants adjudication, the Judicial Coordinator (a member of Student Affairs staff) will send for the accused student/student organization* and discuss options available for adjudication.  Any judicial case can be heard by either the appointed Student Affairs administrator or the university judicial board.  Pending action on the complaint, the status of an accused student is not altered except when the student’s safety and well being, that of another individual, or that of the university community, is judged to be in jeopardy.

*An organization may be held responsible for violating the Student Code of Conduct when:  (a) one or more officers or authorized representatives, acting in the scope of their organizational duties, commit a violation; (b) one or more of its members commit a violation after an action that constitutes a violation was approved by a vote of the organization or was part of a committee assignment of the organization; (c) a violation is committed at an activity funded by the organization; (d) a violation occurred as a result of an event sponsored by the organization; or, (e) an organization fails to satisfactorily complete the terms of any disciplinary sanction resulting from being found responsible for a violation of the Student Code of Conduct.

A.  JUDICIAL COORDINATOR
The Judicial Coordinator will discuss with the accused student the charge(s), student rights and the options available for adjudication; i.e., either judicial board or the appointed student services administrator. Furthermore, the Judicial Coordinator will be responsible for maintaining documentation and coordinating the implementation of administrative procedures.

Confidentiality will be upheld and the Judicial Coordinator will be responsible for maintaining documentation of judicial proceedings.  All disciplinary records will be retained for one year after graduation or for an indefinite period of time if one or more of the following conditions are present:  (a) a student is expelled for disciplinary reasons, (b) withdraws from the university prior to resolution of a pending disciplinary matter, or (c) has a Hold Flag activated on his/her university academic record or account.

B.   ADJUDICATION LEVELS
A review of the documentation always begins with a check of the student’s judicial records for previous or similar incidents.  The determination of the option level at which the alleged violation will be handled is influenced by the student’s record and the level of seriousness of the alleged violation.

Level 1:  Area Coordinator (AC) Review

1. The documentation indicates that the alleged violation is minor in nature.
2. The AC reviews the documentation and initiates a  discussion with the student. After consideration of all documentation and information received from the student, the student either admits to being responsible for the violation or requests that the AC make a determination of responsibility.  If the student does not agree with the determination made by the AC that he/she is responsible for the violation, or does not accept the sanction imposed, the appeal is to the Administrative Reviewer. His/her decision is final.
3. If the AC finds the student to be responsible for the violation(s), the AC will determine the level of sanctioning.
   Possible sanctions at this level include:
        a.  Warning
        b.  Redress (apology, either written and/or verbal)
        c.  Restitution - compensation for loss, damage, or injury.  This may take the form of appropriate service and/or monetary or material replacement.
        d.  Fine - previously established and published fines may be imposed.
        e.  Educational project
        f.  Community service
        g.  Discretionary sanctions - work assignments, service to the university/community or other related discretionary assignment.
        H.  Los of privileges - denial of specified privileges for a designated period of time, including, but not limited to, restrictions from or limited access to specified areas of campus and/or university events.

Level 2:  Administrative Review

1. The documentation indicates that the alleged violation is more serious in nature.
2. Administrative Reviews are conducted by the Administrator of Student Conduct who may involve other staff members at his/her discretion.
3. The reviewer initiates a discussion with the student and they review any incident report(s).  After consideration of (1) all documentation and, (2) the information received from the student, the student either admits to being in violation or requests that the adjudicator make a determination as to whether said student is in violation.  If the   adjudicator finds the student in violation, sanctions are imposed.
   Possible sanctions at this level are:
        a.  Redress (apology, either written and/or verbal)
        b.  Restitution - compensation for loss, damage, or injury.  This may take the form of appropriate service and/or monetary or material replacement.
        c.  Fine - previously established and published fines may be imposed.
        e.  Behavioral contract
        f.  Discretionary sanctions - work assignments, service to the university/community or other related discretionary assignment.
        h.  Los of privileges - denial of specified privileges for a designated period of time, including, but not limited to,restrictions from or limited access to specified areas ofcampus and/or university events.
        i.  Disciplinary probation
        g.  Loss of housing (this sanction will always be discussed with the Director of Residential Life and handed out  based on his/her recommendation).
4. The Administrator of Student Conduct presents the  sanction(s) to the student in writing.
5. If the student does not accept the determination that he/she is in violation or does not accept the sanction imposed, the appeal is to the Dean of Students (or her/his designee).
        a.  The Dean of Student will examine the documentation, may meet with the student and make a determination as to whether due process was followed, new evidence is present or the sanction is unduly sever.  If any of these conditions exists, the Dean of Students may alter the determination and/or the sanctions.
        b.  Students are required to submit their appeal in writing within 48 hours of receiving the written notification of the disposition.  The Dean of Students will provide a written response to the students within five working days.

Level 3:  Administrative or Judicial Board hearing

1. The student will be informed, in writing, of the reasons for the proposed disciplinary action with sufficient particularity, and in sufficient time (at least 48 hours), to insure opportunity to prepare for the hearing.
2. Students appearing before the Judicial Board or Student Affairs administrator have the right to be assisted by a campus advisor (a Barry University enrolled student or current employee) of his/her choice.  The advisor may not participate in the hearing.
3. The burden of proof (“more likely than not”) rests with the individual(s) bringing the charge(s) (complainant).
4. The student should be given an opportunity to speak in his/her behalf.  He/she should have an opportunity to hear and question those who speak against him/her.  In   no case should the judicial board/administrator consider statements against the accused student unless he/she has been advised of their content and of the names of those who made them, and unless he/she has been given an opportunity to rebut unfavorable inferences, which might otherwise be drawn.
5. All matters upon which the decision is based must be presented at the hearing.
6. A record of the hearing will be maintained with the Judicial Coordinator.
7. The hearing will be taped (audio).  This is done to be used only in cases of appeal which claim questions of improper procedure(s) at the hearing.  This tape will be destroyed once the 48-hour period to appeal the sanction(s) has elapsed. 
8. The decision of the judicial process is final, subject only to the students’ right of appeal to the vice president for Student Affairs.
9. In matters which involve concurrent jurisdictions and when behavioral circumstances warrant, the university may proceed according to its procedures, event though civil/criminal processes have yet to begin or are already in process.
10. If a student is charged with a felony or other criminal offense, the university shall also retain the option to suspend such a student until criminal courts have reached a judgment.

C.  PROCEDURE FOR APPEAL
The request to appeal a decision of the administrator or the judicial board must be made in writing to the vice president for Student Affairs within 48 hours (excluding Saturday and Sunday) of the conclusion of a judicial hearing. Furthermore, the appeal must be based upon questions of improper procedure and/or new evidence uncovered post hearing and/or claims of excessively harsh sanctions.  Appeals presented after the 48-hour deadline will not be heard.  The vice president for Student Affairs will not re-hear the case and/or the facts used to determine responsibility. Decisions of the judicial board and/or judicial administrator remain in effect until such time, if and when, an appeal is granted. All parties involved will be informed of the disposition of appeals.

D.  HEARING OPTIONS

1. Appointed Student Affairs Administrator Jurisdiction
   The appointed Student Affairs administrator is responsible for hearing:
        a.  Cases where the student has chosen to be heard by the appointed student services administrator rather than the judicial board.
        b.  Cases involving the violation of university policies which may relate to local, state, or federal law.
2. Judicial Board Jurisdiction
        The judicial board is responsible for hearing:
        a.  Cases where the student has chosen to be heard by the judicial board rather than the appointed student services                   administrator.
        b. Cases involving the violation of university policies which may relate to local, state or federal law.

E.  PROCEDURES FOR THE JUDICIAL BOARDS

1. The university’s judicial board shall consist of the following members:
         a.  The committee will have three (3) undergraduate or graduate student members, three (3) faculty members    and one student services staff member chosen by the vice     president of Student Affairs.
         b.  Members will be chosen annually, no later than 1 October.
        c.  The Student Affairs staff member will serve as the chair of the judicial board and  will vote only in the case of a tie.
2. The judicial board must hear a case within seven (7) days (excluding Saturday and Sunday) after notification of the case has been received by the judicial board  chair, unless extenuating circumstances make this impossible.
3. Full committee membership is required for a hearing.
4. Any member may remove himself/herself from a case if a conflict of interest exists.
5. All decisions of the committee will be made by majority vote.
6. A judicial hearing is closed to the public.  All matters that are discussed and decisions that are made will be confidential and committee members must maintain strict confidentiality of the hearing proceedings.
7. In cases that require penalties, the judicial board will decide what sanctions are appropriate and necessary and has the power to impose them.
8. Any student who elects to appear before the judicial board is bound by its decision, subject only to the student’s right of appeal to the vice president for Student Services.
9. A record of the hearing will be maintained in the Dean of Students’ office.
10. If a respondent does not appear for the hearing and does not, in the opinion of the Judicial Board, give adequate reasons, the committee may treat the case in the manner it believes fair and just. Decisions may be made in absentia.

F. PROCEDURES FOR STUDENT AFFAIRS JUDICIAL ADMINISTRATOR

1. The appointed Student Affairs judicial administrator must hear a case within seven (7) days (excluding Saturday and Sunday) after notification of the case from the judicial coordinator, unless extenuating circumstances make this impossible.
2. The appointed Student Affairs judicial administrator will convene and conduct the hearing.
3. The hearing is closed to the public.  All matters that are discussed and decisions that are made will be confidential and strict confidentiality of the hearing’s proceedings will be maintained.
4. In cases that require penalties, the appointed Student Affairs judicial administrator will decide what sanctions are appropriate and necessary and have the power to impose them.
5. Any student who elects to appear before the appointed Student Affairs judicial administrator is bound by his/her decision, subject only to the student’s right of appeal to  the vice president for Student Affairs.
6. A record of the hearing will be maintained in the Dean of Students’ office.
7. The hearing will be taped (audio).  This is done to be used only in cases of appeal which claim questions of improper procedure(s) at the hearing.  This tape will be destroyed once the 48-hour period to appeal the sanction(s) has elapsed. 
8. If an accused student does not appear for the hearing and does not, in the opinion of the appointed Student Affairs judicial administrator, give adequate reasons, the appointed student services judicial administrator may treat the case in a manner he/she believes fair and just.  Decisions may be made in absentia.

G.  SANCTIONS

1. The following sanctions may be imposed upon any student or student organization found to have violated the Student Conduct Code or any other university policy:
        a. Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.
        b. Redress - Apology, either written and/or oral.
        c. Behavioral Contract - A set of appropriate actions imposed to provide an educational experience as well as disciplinary guidelines for an extended period.
        d. Probation - This status indicates that the student’s behavior has raised serious questions concerning the student’s status as a member of the university community. The student will be given a stated period during which his/her conduct will establish whether he/she is to be returned to good standing by having met definite requirements in behavior or whether he/she is to be suspended or dismissed from the university. The student may not represent the university or hold office during the period of probation.
        e. Loss of Privileges - Denial of specified privileges for a designated period of time, including but not limited to restrictions from or limited access to specified areas of campus.
        e. Fines - Previously established and published fines may be imposed.
        These fines include but are not limited to the following:
        * Alcohol                                                                           
                   First offense                                            $50.00
                   Second and subsequent offense         $100.00
           * Marijuana                                                   $100.00
           * Defacing university owned property      $50.0
           * Failure to evacuate during fire alarm       $150.00
           * Unauthorized room change                      $100.00
           * Lockout (per lockout, after three)               $5.00
           * Pets (per day until removed)                    $50.00
           * Room/Furniture Modification                 $100-200.00
           * Appliance                                                   $25.00
           * Candles                                                       $25.00
           * Smoking in room                                         $25.00
           * Tampering/ Obstructing Fire
              Equipment                                                 $150.00
           * Trash                                                             $50.00                                
           * Furniture and Décor (Fixtures) moved or
             misappropriated per piece                         $200.00   
        f. Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
        g. Discretionary Sanctions - Work assignments, service to the university/community or other related discretionary assignments.
        h. Residence Hall Suspension - Separation of the student from university housing for a definite period of time, after which the student is eligible to return.  Conditions for readmission may be specified.
        i. Residence Hall Expulsion - Permanent separation of the student from university housing.
        j. University Suspension - Separation of the student from the university for a definite period of time, after which the student is eligible to return. Readmission, however, is not automatic; students must show persuasive evidence of ability and desire to do satisfactory work and to behave responsibly at the University. Readmission to institution is at the sole discretion of Barry University.  Conditions for readmission may be specified. The student is not allowed to visit campus during the suspension.
        k. Indefinite Suspension - Indefinite suspension requires petitioning on the part of the student when specific conditions must be met before the student is eligible for readmission.
        l. University Expulsion - Permanent separation of the student from the university.  The student is barred from visiting the campus.
   
2. Deactivation - loss of all privileges, including university recognition, for a specific period of time.
3. More than one of the sanctions listed above may be imposed for any single violation.
4. Other than university expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record and kept in the Dean of Students’ office.