III. University Judicial Board

The Board of Trustees at the December 15, 2004 meeting has approved these policies. They are subject to future revisions and will be reviewed by the Board annually.

Section A: The Judicial Boards

There shall be the following Judicial Boards:

1. Judicial Board, Queens Campus
2. Judicial Board, Staten Island Campus

Section B: Jurisdiction

The Queens Campus Judicial Board shall have jurisdiction over violations alleged to have been committed by undergraduate and graduate students registered at the Queens, Manhattan or Oakdale Campuses. The Staten Island Judicial Board shall have jurisdiction over violations alleged to have been committed by undergraduate and graduate students registered at the Staten Island Campus. Members of each Judicial Board may hear matters on any campus. 

Section C: Composition

1. The University Judicial Board shall consist of twenty-seven members as follows:
   
   a. Eight (8) students from the Queens Campus.
   
   b. Six (6) students from the Staten Island Campus.
   
   c. Three (3) students from the Manhattan Campus.
   
   d. Six (6) faculty members from the Queens Campus.
   
   e. Four (4) faculty members from the Staten Island Campus.
   
2. Selection for service on the University Judicial Board shall be made as follows:
   
   a. At the commencement of the academic year, the Vice President for Student Life will confer with the local Student Government President and select candidates for service on the Judicial Board. The candidates will include undergraduate and graduate students. Upon their acceptance, they shall receive a formal letter of appointment.
   
   b. Faculty will be elected by the full-time teaching faculty who are eligible to vote in the spring every two years in accordance with the ballot procedures in the University Statutes. Upon their acceptance, the faculty members shall receive formal letters of appointment which shall be for a two-year term.

Section D: Hearing Panels

Each hearing shall be conducted before a Hearing Panel consisting of five (5) members of the Judicial Board. Each Hearing Panel shall consist of two (2)faculty members and three (3)students. Where possible, the students chosen should be (i) from the campus where the accused is registered, (ii) undergraduate students where the accused is an undergraduate student, and (iii) graduate students where the accused is a graduate student. The Vice President for Student Life shall select the Hearing Panel from those available for service. The Provost, in consultation with the Vice President for Student Life, shall select a Dean or Associate Dean or an Administrator to serve as a non-voting Chair. The Chair shall be responsible for conducting the hearing in an orderly and efficient manner, and for that purpose, may rule on the order of witnesses, and may preclude duplicative testimony. The purpose of the hearing is to make findings of fact and for that reason, character witnesses will not be permitted.

Section E: General Provisions for Hearings

1. Upon the initiation of a hearing, the Judicial Officer serves in an advisory capacity and does not participate in adjudicating alleged violations. The Judicial Officer is responsible for the administrative procedures of the University Judicial Board.
   
2. The Chair of the Hearing Panel is responsible for the orderly and proper functioning of all hearings, is present throughout all phases of adjudication and participates in discussions pertinent to the issues before the Hearing Panel. The Chair acts to ensure that both parties receive the opportunity to present relevant facts, and during deliberation that the decision rendered is in accordance with established procedures.
   
3. Hearings are to be private and not open to the general University population or to the public. The Hearing Panel’s decisions and reasons may be made public if in the sole judgment of the University it is deemed necessary to do so. Hearing Panel members are duty-bound to maintain confidentiality.
   
4. All persons attending the proceedings shall conduct themselves in an orderly and respectful manner. Any person who engages in an obstructive, disruptive or disorderly manner in the presence of the Hearing Panel will be ejected form the hearing room and may be appropriately charged.
   
5. The University records all hearings either by audiotape or other means. No other recordings of the hearings may be made.
   
6. Students charged may be accompanied in the hearing by an advisor. No person can be compelled to be an advisor, and if the student is unable to secure a willing advisor s/he must nonetheless participate in the hearing without an advisor. The advisor may advise the accused, but may not participate in the hearing in any other capacity and may not be a witness. Except in areas of alleged sexual assault, only the accused may have an advisor present at the hearing. In cases of alleged sexual assault, the accuser and the accused are both entitled to have an advisor present during the disciplinary proceedings. An advisor may consult only, and may not participate or be heard at the hearing.
   
   a. At least two school days prior to the scheduled hearing date the student must provide the name of the advisor to the Judicial Officer.
   
   b. Advisors may not appear in place of the accuser or the accused.
   
7. The University reserves the right to have an attorney present in an advisory capacity.
   
8.  If the accused does not appear for the hearing at its scheduled time, the hearing will proceed at the discretion of the Hearing Panel in consultation with the Judicial Officer.
   
9. Strict conformity to the legal rules of evidence will not be required at hearings. A finding of culpability shall be based on a preponderance of the evidence.
   
10. At the hearing, the accused and the Judicial Officer must submit lists identifying the witnesses they expect to present at the hearing.
    
11. The Hearing Panel may request the appearance of any witness it deems appropriate.
    
12. Information provided by a person whose identity had not been disclosed to the accused shall be dealt with in the following manner:
    
    a. Information submitted by the Judicial Officer may be used if it is not the sole evidence of culpability provided. The information must be written and signed by the person whose identity will be revealed only to the members of the Hearing Panel.
    
    b. The Hearing Panel may require the source of the information to appear before them in private and provide background or additional detail on the information previously provided. If the Hearing Panel considers it necessary to a fair hearing, the Hearing Panel may require the person to appear at the hearing.
    
    c. In extraordinary circumstances the Judicial Officer can waive the requirement that the undisclosed source appear at the Hearing Panel’s request.

Section F: Hearing Procedures

1. The Chair will call the meeting to order.
   
2. The Chair will explain the function of the hearing, verify that the accused is aware of the rights of a student before the Hearing Panel and inform the accused that he/she and all witnesses will be asked to affirm the truthfulness of their testimony and that providing false information to the Hearing Panel is a violation in itself.
   
3. The Chair will ask whether there will be any witnesses testifying on behalf of the accused, advise the accused of the right to be present at all stages of the hearing process except deliberation, read the charges, and inform the accused that the hearing is being tape-recorded.
   
4. The Judicial Officer will read the incident report and, as necessary, any statement submitted on the case.
   
5. Hearing Panel members may then question the Judicial Officer and any witnesses called by the Judicial Officer.
   
6. The accused has the right to question all witnesses who testify at the hearing.
   
7. The Chair will then offer the accused the opportunity to testify or remain silent. If the accused elects to testify, he/she is obligated to answer relevant questions by anyone at the hearing.
   
8. The accused may call witnesses on his/her behalf even if he/she does not testify.
   
9. Hearing Panel members and any party to the hearing may question witnesses called by the accused.
   
10. All witnesses will be excused from the hearing room upon completion of their testimony. The Chair will advise these witnesses that they are not to discuss their testimony outside the hearing room, including during any recesses.
    
11. The members of the Hearing Panel may recall any witnesses if needed.

Section G: Deliberation

1. Upon conclusion of all testimony the Hearing Panel will meet in private to deliberate the matter.
   
2. The deliberation will not be tape-recorded.
   
3. The determination of culpability for violations and the penalty to be imposed is determined by a majority vote of the Hearing Panel.
   
4. In the event of a determination of culpability, the Hearing Panel may impose a sanction or recommend that the accused by expelled from the University.
   
5. In determining a sanction or recommendation the Hearing Panel may consider the past disciplinary record and previous offenses of the accused. The Judicial Officer will provide this information to the Hearing Panel for consideration.

H. Notification

    After the hearing and deliberations have been completed, the Judicial Officer will send written notification of the results of the hearing to the Senior Student Affairs Officer and to the accused as soon as practicable. If the alleged violation is a sexual assault, the accuser shall also be notified of the outcome of the proceeding.

Section I: Hearing Records

1. All written records and tape recordings of proceedings are confidential.
   
2. A copy of all material associated with the hearing will be retained by the Department of Student Life for five (5) years after a student leaves the University at which time all records will be destroyed except records that support a suspension or expulsion.