Campus Council

The Judicial System

Preamble
The Judicial System at The College of Wooster is designed to address infractions of the Codes of Social Responsibility and Academic Integrity and policies of the College.* The College's Judicial System should not be confused with the state and federal criminal justice systems. The process is informally structured and attempts to meet a standard of "essential fairness." This basically means the following:

1. The accused will be presented with the charges against him or her in writing.

2. The accused has the opportunity to a hearing where he/she may confront the accuser.

3. The accused has the opportunity to defend himself/herself against the charge(s) and to present witnesses to assist in that process.

4. Witnesses must be individuals with direct knowledge of the incident or its impact. The number of witnesses to be brought may be limited to four per side.

5. The accused is presumed innocent, and it is the responsibility of the accuser to prove guilt.

The approach of the College's Judicial System is educational rather than puni-tive, and while separation from the institution is a possible outcome in the most serious cases, a more typical result will involve some form of probation, community service, educational projects and/or professional counseling.

The limitations of the College's Judicial System should be recognized. Therefore, when an individual believes a crime has been committed, it is recommended that charges be filed in the criminal justice system since the College's Judicial System cannot assess penalties that are sufficient to punish crimes. Members of the Dean of Students Staff and Safety and Security can assist students in making contact with the appropriate state and federal criminal justice agencies and provide support throughout the process. Students should be aware that the staff of the College may be bound by law to report certain offenses to the criminal justice authorities.

Within the College's Judicial System, the following shall be the case:

1. Any member of the campus community may file charges against any student for misconduct by filing a written charge with the Chairperson of the Judicial Board or a member of the Residence Hall staff and/or the Dean of Students staff within thirty (30) days following an incident. In addition, a member of the Residence Hall staff or the Dean of Students staff may file a written charge of suspected violation of the code or College policy with the Chairperson of the Board within thirty (30) days after first having knowledge of an incident. For purposes of this paragraph, the days covered by breaks and recesses shall not be counted.

2. Any non-campus community member may submit a written, signed complaint concerning student misconduct to the Office of the Dean of Students within thirty (30) days following an incident. Upon receipt of such complaints a determination will be made, within the sole discretion of the Dean of Students, as to whether a charge or charges will be filed against any student(s) by the College, on behalf of the complainant, in the College's Judicial System.

3. Pursuant to the Family Educational Rights and Privacy Act of 1974 (the Buckley Amendment), all College judicial proceedings are confidential, and, therefore, hearings are closed to anyone not directly involved in a case. Any account of the results of a judicial hearing must respect the privacy rights of those involved, and must comply with the restrictions imposed by the Buckley Amendment with regard to information relating to individual students. Therefore, unless otherwise compelled by an applicable exception to the Buckley Amendment, the College will not release specific information about judicial hearings involving charges against students except the final results of any judicial hearing in which it is determined that the student or students involved committed a violation of a College rule or policy with respect to a nonforcible sex offense or a crime of violence (i.e., an offense involving the use, attempted use or threatened use of physical force against the person or property of another, or a felony that, by its nature, involves a substantial risk of the use of physical force against the person or property of another in the course of commission of the offense). The information which shall be released in such cases shall include only the name of the student or students who committed the violation, the violation committed and any sanctions imposed by the College. The College may release information concerning judicial proceedings against organizations, provided that students' privacy rights are not infringed.

4. Cases shall be decided upon a standard of "preponderance of evidence."

5. All individuals accused will be considered innocent until proven guilty, and it shall be the responsibility of the accuser to meet the burden of proof.

6. Attorneys for the accused or accuser may not be present at a judicial hearing.

7. The College's jurisdiction and discipline shall be limited to conduct which occurs on College property or at off-campus College-sponsored events, conduct which adversely affects the College's relationship with the community, or conduct which adversely affects the College com-munity and/or the pursuit of its objectives. However, College discipli-nary proceedings may be instituted against a student charged with vio-lation of a federal, state or local law which is also a violation of the stu-dent code, even though civil litigation in court or criminal arrest and prosecution are pending. Proceedings under the Student Code may be carried out prior to, simultaneous with, or following civil or criminal proceedings.

8. Campus Council will send to THE VOICE at the beginning of every academic year a set of general information containing the Judicial Board's members and any changes in Judicial System policy first effective for that year.

A. Hierarchy

1. The first level of adjudication lies within residence halls and will be the R.A. and the Director of the residential units who may use discussion, and/or mediation. Staff are expected to refer serious or persistent violations to the second or third level of the Judicial System for adjudication.

2. The second level of adjudication is the Hearing Officer, appointed by the Dean of Students, who will be used to adjudicate minor violations such as noise, alcohol, petty theft, etc. which occur in residential units and elsewhere on the campus. The Hearing procedures are the same as in a Judicial Board or Dean's Hearing Board (see following). The Hearing Officer may administer sanctions which go beyond discussion and counseling, but which may not include suspension or expulsion.

a. The Hearing Officer will conduct an investigation to determine whether the charges have merit and determine if they can be addressed through the use of mediation. Such disposition shall be final, and there shall be no subsequent proceedings. If the charges cannot be disposed of through mediation, the Hearing Officer may then adjudicate the case or refer it to be adjudicated at the third level.

b. A student found guilty by the Hearing Officer may appeal that decision in writing within five (5) business days following notification of the decision to the Dean of Students whose decision will be final.

c. Records of the charges, disposition and penalties against students will be kept on file in the Judicial Board file in the Dean of Students Office and will be available to the Chairperson of the Hearing Board, the Secretary of the Judicial Board and the Judicial Board Advisers for reference in future judicial proceedings.

d. Once each semester an anonymous summary of cases by charge, disposition and sanctions will be forwarded to Campus Council with the recommendation that they be published in THE VOICE as a means of providing to the campus community information on unacceptable behavior.

e. In uncontested cases, where the student admits guilt, he/she may have the case resolved and penalty imposed by the Hearing Officer. With the exception of suspension or expulsion, the sanction would be similar to those listed in Section D, pages 76 and 77. The Hearing Officer reserves the right to refuse to hear a case and refer it to the Judicial Board Chair to be adjudicated at the third level.

3. The third level of adjudication will be the Judicial Board, the Dean's Hearing Board, or the Dean of Students. Cases heard at the third level will be:

a. Those cases involving alleged violations of the Code of Academic Integrity.

b. Those cases involving alleged violations of the Code of Social Responsibility referred to the Chair of the Board by a member of the College community, residence hall staff, the Hearing Officer or a member of the Dean of Students Staff.

c. All cases referred to College officials by civil authorities.

d. Cases involving those who have experienced continuing difficulty with the Code of Social Responsibility.

e. Uncontested cases, where the student admits guilt, may be resolved and the penalty imposed by the Dean of Students. The Dean of Students reserves the right to refuse to hear a case and refer it to the Judicial Board Chair to be adjudicated at the third level.

4. Whenever, in the opinion of the Dean of Students, the nature of the case is such that the Board could become accessory after the fact, the Deans may reserve the right to reserve adjudication to themselves.

5. The Judicial Board Chair and the Advisor to the Board may refer cases to first or second level of adjudication as defined in Hierarchy, 1 and 2.

6. When the College is not in session and/or the Judicial Board is not available to hear a case, the case will be heard before the Dean's Hearing Board.

7. The College reserves the right for the Dean of Students to suspend the normal judicial process in the case of an incident that might be considered a felony if charges were brought and sustained in the appropriate criminal justice system. In such a case, the charges will be referred to a Dean's Hearing Board which will consist of four members of the administration and/or faculty appointed by the Dean of Students. Normally the Hearing will occur within 48 hours after written charges have been filed within the College's Judicial System. The individual charged will be informed of the decision in writing within 24 hours, and any appeal must be filed in writing with the President within 48 hours following notification of the decision by the Dean's Hearing Board. The President's decision will be final.

In cases in which the Dean of Students judges the health or safety of the College community to be at risk, in which an alleged act of violence has been committed by a member of the student body, or in which an alleged physical threat has been made toward a member of the College community, the Dean of Students may suspend the alleged perpetrator, pending the results of a formal hearing. In such a case, the charges will be referred to a Dean's Hearing Board, and the Hearing will normally occur within 48 hours after written charges have been filed within the College's Judicial System. The individual charged will be informed of the decision in writing within 24 hours, and any appeal must be filed in writing with the President within 48 hours following notification of the decision by the Dean's Hearing Board. The President's decision will be final.

B. The Judicial Board/Dean's Hearing Board

1. Membership of the Judicial Board:

a. Four (4) voting student members plus three (3) alternates selected by the Campus Council.

b. Two (2) voting faculty members and two (2) alternates selected by the Faculty Committee on Committees.

c. One (1) voting member and two (2) alternates from the Administrative Staff appointed by the President.

d. Two (2) student alternates selected by the Campus Council for one (1) year terms who will fill vacancies left by students spending a semester off campus.

e. A non-voting Secretary appointed by the Dean of Students.

f. Six non-voting Student Hearing Counselors appointed by Campus Council whose primary responsibility shall be to assist the accused and accuser in the preparation of his/her case (see Hearing Procedures, C, 1, e; page 73).

g. All appointments shall be for a two (2) academic year period. These terms will be staggered. One (1) semester off campus will be permitted.

h. To remove a member from the Board, the Board shall have a vote of no confidence. If, after a successful vote of no confidence, the person in question refuses to step down, then the Board shall petition the appropriate body (Campus Council, Faculty, President) to remove the member.

i. Each spring, the new Board members shall be chosen. The new Board shall convene during Semester II for the purpose of:

1) Discussing the training program for the Board.
2) Electing a Chairperson who must be a returning student member of the Board who will:

a) Meet with the current Chairperson for orientation purposes.
b) Not vote or deliberate at hearings.

2. Membership of the Dean's Hearing Board:

a. Four (4) voting board members including a Chair, will be assigned on a case-by-case basis by the Dean of Students.

b. Faculty and staff members who serve on the Judicial Board will be eligible to serve on this hearing panel as voting members, but membership is not limited to these individuals.

c. These hearings will be chaired by a member of the Dean's staff selected by the Dean of Students.

3. Responsibilities of the Judicial Board

a. A quorum (for hearings and procedural matters) shall consist of five (5) members with at least one representative from each of the three (3) constituencies.

b. The Board shall keep complete records of all hearing and procedural meetings and keep a copy of these records in the Judicial Board file kept in the Dean of Students Office. The records of all hearings are the property of the College.

c. Students who wish to do so may choose to have their alleged infraction of any regulation under the Code heard at a Dean's Hearing Board. Records of the charges, disposition and penalties against students in a hearing will be filed with the Judicial Board records in the Dean of Students Office. The Judicial Board file will be available to the Chairperson of the Judicial Board, the Secretary of the Judicial Board and the Judicial Board Advisor for review with due protection for the privacy of the individuals involved.

d. Anonymous summaries of cases by charge, disposition, and sanction heard by the Judicial Board or Dean's Hearing Board will be forwarded within thirty days following the decision, including any appeals, to Campus Council with the recommendation that they be published in THE VOICE as a means of providing to the campus community information on unacceptable behavior.

e. The Judicial Board has the authority to constitute itself as a Commission of Inquiry (quorum: one (1) member from each constituency) to hear testimony and make recommendations to any appropriate constituency of the community (but not to make judicial decision) which may include but will not be limited to the following instances:

1) In a situation where a complaint is brought by any member of the campus community who can show cause that adjudication by another judicial body is not proceeding equitably or adequately, or
2) Whenever a situation exists which, in the opinion of at least three (3) members of the campus community, constitutes a violation of the Code in such a manner that the welfare or safety of the community as a whole is being jeopardized.

C. Hearing Procedures

1. Prior to the Hearing

a. It is the Judicial Board Chairperson's responsibility to contact the accused in writing within ten (10) business days after written charges have been received by the Chair and to offer the accused the choice of a Dean's Hearing Board or Judicial Board Hearing. The accused shall have three (3) business days to notify the Chair which hearing body is chosen. This decision is irrevocable. Should the accused fail to make a selection in the allotted time period, the case will be assigned to the Judicial Board. Following the selection of a hearing body, the Chairperson shall inform the accused and the accuser, in writing, of the date, time and place of the Hearing, allowing both parties a minimum of three (3) business days for the preparation of his/her case.

b. Any of the maximum time limits in the judicial process may be extended at the discretion of the Judicial Board Chair. The Chair will also ensure that cases of alleged sexual and/or physical assault will receive priority treatment within the judicial system. Such cases will be addressed prior to any other pending cases, with cases of alleged sexual assault receiving first priority.

c. In Hearings involving more than one accused student, the Chairperson of the Judicial Board, at his/her discretion, may permit the Hearing concerning each student to be conducted separately.

d. In Hearings involving cross-filing of allegations of violation(s) of the Code by the accuser and the accused, the Chairperson of the Judicial Board, at his/her discretion, may recommend concurrent Hearings.

e. The Chairperson shall also assign two student Hearing Counselors for the case, one for the accused and one for the accuser. The Hearing Counselors shall not vote during the hearing or participate in the final deliberations of the Judicial Board. Their purpose is to guide the accused and accuser through the Judicial process. They shall not act as a defense or prosecuting attorney and shall not speak out without first being recognized by the Chairperson. While the Hearing Counselors will make every effort to contact the accused and accuser, it is ultimately the responsibility of the accused and accuser to make contact with his/her Hearing Counselor who will

1) verify hearing date, 2) explain the charges and possible pleas, 3) inform the accused of the nature of the evidence on which the charges are based, including actual deposition statements if appropriate, and 4) review with the accused the procedures of the hearing body.

If a charge is brought by "The College of Wooster" rather than by an individual, it is the responsibility of the Hearing Counselor to present the evidence for the College. The Hearing Counselors shall act as a link among the accused, the accuser and the hearing body.

f. It is the right of the accused and accuser to call witnesses who have direct knowledge of their case. It is the responsibility of the accuser/accused to inform the witnesses of the time, date and location of the Hearing. The accuser/accused must also notify the Judicial Board Chairperson of the names of any witnesses no later than two (2) business days prior to the Hearing. The number of witnesses for each side is limited to four (4).

Should a major conflict (i.e., class or work obligation) prevent one or more of the four witnesses from appearing, the accuser/accused may submit written statement(s) from the witness(es). These statements will become a part of the case file and must be submitted to the Chairperson at least one (1) business day prior to the Hearing.

g. Charges may be dropped by an accuser only if the Chairperson is informed in writing prior to the Hearing. Once the Hearing has begun, charges may not be dropped.

2. Immediately Prior to the Hearing

a. The Chairperson will ask the accused, the accuser and any witnesses to remain outside the hearing room while the hearing body discusses briefly the general nature of the case and the procedures to be followed.

b. The Chairperson, plus a quorum, shall be present.

c. The Chairperson will introduce those present and then describe the procedures to be followedduring the Hearing, including the rights of the accused and the accuser and the importance of complete confidentiality for all participants.

d. The accused and the accuser will enter the room while the witnesses remain outside.

3. The Hearing*

a. The College of Wooster is an academic institution which relies on people to testify voluntarily when violations of the Codes occur. Intimidation, both verbal and physical, of any person whether accuser, accused or witness, is a serious violation of the Code.

b. The Hearing will be closed. The hearing body's proceedings will be conducted in a fair and just manner and will meet the basic requirements of essential fairness without becoming unduly legalistic.

c. A hearing will proceed without the accused present if he/she voluntarily fails to appear at the stated date, time and place of the Hearing.

d. After the charges have been presented to the accused, and the possible responses explained, the accused will be asked by the Chairperson for a plea (guilty, not guilty, no contest). The accused may remain silent and enter no pleas. In such cases, the Hearing will proceed as if a not guilty plea had been made.

e. In cases where the accuser is bringing the charge, he/she will be asked to give the facts surrounding the incident, explain the charge and present the case supporting the charge. In cases where the College is bringing the charge, the College's Hearing Counselor or representative shall make an opening statement similar to the one made by the accuser.

f. Any witnesses on behalf of the accuser or the College may be asked to testify at this time. It is assumed that witnesses will be truthful in their testimony. Witnesses who are members of the campus community will be informed that they may be charged with violation of the Code and subject to possible disciplinary action if their testimony is found to be untruthful. Untruthfulness on the part of any non-campus community member may, in appropriate circumstances, lead to the termination of the hearing without action.

g. The members of the hearing body may question those giving testimony under "f " above.

h. The accused may question those giving testimony under "f " above.

i. The accused may make statements testifying on his/her own behalf and present witnesses. The same criteria for these witnesses apply under "f " above.

j. The accused has the right to remain silent during the Hearing.

k. The members of the hearing body may question all witnesses.

l. Both the accuser and the accused will be asked to make closing statements prior to leaving the Hearing.

m. After the accuser and the accused have been excused, the Hearing is closed. At this point, the confidentiality of the proceedings should be stressed again.

n. In the presence of the accuser and the accused, the members of the hearing body may recall any witnesses.

o. Immediately prior to deliberation, the Chair may summarize the Hearing.

4. Conclusion

a. The members of the hearing body shall review and evaluate the evidence presented. A two-thirds vote is required to end all hearings and begin deliberations.

b. The judicial body's determination shall be made on the basis of "a preponderance of evidence" that the accused violated the Code.

c. The members of the hearing body shall vote on the charge (guilty, not guilty).

1) The members of the hearing body will vote on each charge separately.
2) The verdict will be determined by a majority of those members of the hearing body present and voting.
3) Voting will be by secret ballot.
4) Members of the hearing body may not abstain from voting.
d. If the accused is found guilty, the Chairperson shall report his/her past disciplinary convictions, if any, to the hearing body.

e. The members of the hearing body shall determine a penalty, if any is to be established,

1) Voting will be by secret ballot.
2) The penalty will be determined by a majority of those members of the hearing body present and voting.
3) Members of the hearing body may not abstain from voting.
4) The penalty will include a time period in which it must be begun and completed.

f. After determining the penalty, the members of the hearing body shall then determine whether the violation of which the accused was found guilty involved either a nonforcible sex offense or a crime of violence (i.e., an offense involving the use, attempted use or threatened use of physical force against the person or property of another, or a felony that, by its nature, involves a substantial risk of the use of physical force against the person or property of another in the course of the commission of the offense). If it is determined by members of the hearing body that the accused committed a violation of a College rule or policy with respect to a nonforcible sex offense or a crime of violence, the hearing body shall release to the Office of the Dean of Students, the following information: the name of the accused who committed the violation, the violation committed, and any sanctions imposed by the hearing body. The Office of the Dean of Students will release the information to the College Community.

g. An explanation of the hearing body's decision shall be included in the letter to the accused and the accuser. A copy of the letter shall remain in the Judicial Board file in the Dean of Students Office to ensure consistent judgment in future cases. The accused and accuser will be informed of the decision in writing within two (2) business days. The accused will be informed of the decision first.

5. Amendments

Changes in the hearing procedures require a two-thirds majority vote of the Judicial Board and approval by Campus Council.

D. Sanctions

1. Sanctions of the judicial body are assessed on a case-by-case basis and may include, but are not limited to, the following:

a. Community service
b. Educational project Ñ this includes, but is not limited to, a research paper or required attendance at specific programs sponsored by the College.
c. Professional counseling
d. Restitution Ñ reimbursement for defacement, damages to or inappropriate use of property.
e. Conduct Probation Ñ such probation does not involve loss of privileges but is recorded in the student's personnel file.
f. Recorded Disciplinary Probation Ñ appears in student's personnel file. The probation period may range from one semester to no more than two semesters. This probation can include but may not be limited to the loss of any or a combination of the following privileges:

1) Participation in student publications.
2) Participation in intercollegiate athletics.
3) Participation in intramural athletics
4) Participation in public performances, events or ceremonies in College sponsored activities (public appearances that must be required for course work are the only exception).
5) Holding an office in any student organization.
6) Registration of a motor vehicle.
7) Exercising the privilege of choosing the housing options. When assigning the sanction(s) the appropriate judicial body will take into consideration the activities in which a student who is found guilty is currently participating.

If a student is found guilty of a second violation of the Code while under recorded disciplinary probation, the student may be suspended.

g. Removal from College housing Ñ the Board may require students to leave College housing either for serious first-time offenses or repeated violations of the Code. Students violating this sanction may be suspended or dismissed from the College.
h. Removal from the campus, except for classes, for a stated period of time.
i. Suspension Ñ separation from the College for a pre-determined period of time, with the right to apply for readmission at the end of the period of suspension. Parents will be notified by the College in cases of suspension. Suspensions will be noted in the student personnel file in the Dean of Students Office.
j. Expulsion Ñ separation from the College with no provision to return. Parents will be notified by the College in cases of expulsion. Expulsions will be noted in the student personnel file in the Dean of Students Office.
k. For organizations and groups, disciplinary action may include, but not be limited to, loss of permission to hold future social events, loss of group housing privileges, probation, suspension and deactivation (loss of all privileges, including college recognition, for a specified period of time.)

2. If a sanction is violated the individual shall be subject to a rehearing by the same judicial body which previously heard the case.

3. If a judicial body (Judicial Board or Dean's Hearing Board) takes a disciplinary action under Part D.1.k. above which affects the charter of a campus organization, the judicial body shall notify Campus Council of this action within a week of the decision, including all appeals. This notification shall identify the organization and indicate which section or sections of the Code of Social Responsibility have been violated.

E. Appeals

1. A student found guilty by the Judicial Board or a Dean's Hearing Board may appeal that decision in writing within five (5) business days following notification of the decision by the hearing body to the President of the College, whose decision will be final.

2. Violations of procedural rights to a fair hearing, new evidence, and severity of penalty may constitute grounds for appeal.

3. Any case involving the penalties of suspension or expulsion is automatically subject to review by the President of the College.