Student Judicial Review Procedures

Definition of Terms

A judicial procedureis a review undertaken by the University to establish if substantial information exists to determine whether it is more likely than not that a student violated the Code.

Majorsanctions are defined as suspension, expulsion, and revocation of a degree. Minor sanctions are defined as those other than ones specified as major sanctions.

Days are defined as class daysconsistent with University Regulation 09.03.02. The exception is for incidents that occur in UAA's residential community during University holidays and breaks where days are defined as work days.

After an allegation of misconduct is made, judicial procedures will commence with a preliminary investigation, at the conclusion of which the designated judicial officer will:

  1. determine whether to dismiss the charges
  2. whether the allegations, if true, would likely result in imposition of minor sanctions, in which case the matter continues with an administrative review; or
  3. whether the allegations, if true, would likely result in imposition of a major sanction, in which case the student is provided the opportunity to choose between a judicial board hearing or an administrative review

A judicial board hearing is only available to students deemed subject to imposition of a major sanction. In a judicial board hearing the matter is reviewed by a panel of students, faculty, and staff. In a judicial board hearing the students are afforded the opportunity to be represented by legal counsel.

An administrative review is conducted by a designated judicial officer and is intended to be an expedited process for examination of information and decision making. An administrative review is the only review process for matters involving imposition of a minor sanction. A student charged with infractions of the Code which would be subject to a major sanction may choose to have the matter investigated by an administrative review, but in so doing will be required to waive certain processes otherwise available under the judicial board hearing.

An imposition of a minor sanction following a judicial board hearing or administrative review may be appealed to the Dean of Students or designated appeal reviewer, whose decision on the matter constitutes the final decision for the University. Findings, conclusions, and recommendations from either the judicial board or administrative review process to impose suspension, expulsion, and revocation of a degree proceed to the Chancellor after review by the Vice Chancellor of Student Affairs and the Dean of Students. An opportunity will be provided to the student to comment on the administrative review or judicial board hearing. The decision of the Chancellor is the final decision for the University.

Rights Afforded Students in Judicial Proceedings

The University will afford each student subject to judicial proceedings due process and the opportunity to appeal, appropriate to the alleged violation and the magnitude of potential sanctions.

If an accused student chooses to remain silent or does not participate in a judicial proceeding, decisions will be based on available information at the time of review. A student may be accompanied by an advisor, who may be an attorney, during judicial proceedings. The advisor's role will be determined by the rules governing the proceedings. Students may have copies of the records of their judicial proceedings at their own expense, after providing a signed written request.

Rights Afforded Injured Parties During the Judicial Process

The University will consider the needs and circumstances of injured parties, especially victims of personal injury and/or sexual assault. The University will take such measures as it deems reasonable to prevent the unnecessary exposure of victims of personal injury and/or sexual assault.

An alleged victim of personal injury or sexual assault will be provided such information regarding the judicial process and the University's responses as is required by law.

Initiation of a Judicial Review

Any University student, faculty or staff member may initiate a disciplinary action against a student for violation of the Code. Allegations of Code violations must be in writing, signed by the complaining party, and submitted to the Dean of Students Office or the Department of Residence Life for incidents occurring in University housing involving students living on campus.

The designated judicial officer will review the allegations and conduct an appropriate preliminary investigation to determine:

  1. whether to dismiss the matter because insufficient information exists to support the allegation; or
  2. whether sufficient information exists to warrant further judicial proceeding, and, if so, whether the charges, if substantiated, will subject the student to a major or a minor sanction

The designated judicial officer will send the student written notification of:

  1. the allegations of misconduct and the provisions of the Code which allegedly have been violated;
  2. the designated judicial officer's name, telephone number, and office location; and the time period in which to schedule a meeting to review the charges;
  3. whether a major or minor sanction is likely to be imposed, should the charges be substantiated, and if a minor sanction is likely, that the matter will be pursued with an administrative review; or if a major sanction is likely, that the student has a choice between an administrative review or a judicial board hearing; and
  4. should the student fail to schedule a meeting, the meeting will be scheduled by the designated judicial officer

Should a student fail to schedule a meeting within the time period specified in the notification of charges, the designated judicial officer will schedule the meeting and notify the student in writing at least three (3) class days in advance of the scheduled meeting that, should the student fail to respond or appear, the designated judicial officer will conduct an administrative review and that the student will have waived the opportunity for review by a judicial board hearing.

A student under review for matters which could result in the imposition of a major sanction will be provided a written explanation of the differences between an administrative review and a judicial board hearing. The student's choice of procedure must be stated in writing.

  1. If the student chooses an administrative review, the student must also waive, in writing, rights to procedures in the judicial board hearing which are not included in an administrative review.
  2. If the student chooses a judicial board hearing, the student will be notified in writing that:
    1. the names of witnesses, copies of any witnesses' written statements, or other documents on which they will be made available to the student for review at least three (3) class days prior to the hearing;
    2. the student must submit to the designated judicial officer at least three (3) class days prior to the hearing the names of witnesses, copies of any witnesses' written statements, or other documents on which the student will rely; and
    3. the student is to have no contact with any judicial board members or alleged victims involved in the matter, and, where appropriate, limited contact with other individuals involved with the hearing

General Rules and Procedures for Administrative Reviews and Judicial Board Hearings

The University judicial system is not a court of law and is not held to standards applied in criminal proceedings. Formal rules of evidence will not apply. Testimony containing hearsay may be heard, taking into account the reliability of the information. Findings and conclusions will be based upon information presented during the review or hearing. Reviews and hearings will ordinarily be scheduled between three (3) and fifteen (15) class days after written notice has been sent to the student, at times determined by the designated judicial officer.

A designated judicial officer will conduct an administrative review or chair a review by the judicial board. Should a student fail to appear for an administrative review or judicial board hearing, the designated judicial officer may determine to proceed with the review or hearing without the student. Reviews or hearings may be conducted by audio conference or at an off-campus location, if directed by the designated judicial officer. The designated judicial officer will establish reasonable rules for the conduct of the review or hearing, and will make them available to all parties. Students may select an advisor for assistance during the proceedings. Should the student choose an attorney for an advisor, the student is responsible for the attorney's fees and legal costs regardless of the outcome of the review or hearing.

An administrative review or judicial board hearing will result in the preparation of written findings and conclusions. Conclusions will result in one of the following:

  1. allegations are dismissed
  2. a minor sanction is imposed. If a minor sanction is imposed, the designated judicial officer will send the student written notification of the decision and appeal rights within ten (10) class days of the conclusion of an administrative review or judicial board hearing; or
  3. a major sanction is recommended. If a major sanction is recommended, the designated judicial officer will, within ten (10) class days of the conclusion of an administrative review or judicial board hearing, (1) send the student written notification of the decision and of the right to provide comment to the Dean of Students or designee; and (2) forward the record of the administrative review or judicial board hearing to the Dean of Students or designee.

Upon written request from the judicial officer, the Dean of Students or designee may extend the deadline for notifying the student of the review or judicial board hearing decision.

Administrative Review

At the scheduled meeting, the judicial officer will review the allegations and available information regarding the matter. The student, if present, will be given the opportunity to present information, explanations, and/or mitigating factors for the alleged violation.

Administrative reviews will be closed proceedings and attendance at the review will be limited to the designated judicial officer and the accused student, unless otherwise authorized by the designated judicial officer.

An advisor for the student may also be present during the review, but may not represent the student in the proceedings, nor speak nor ask questions on the student's behalf unless authorized by the designated judicial officer.

If, during an administrative review for a charge originally determined to be subject to imposition of a minor sanction, new information is presented that could make the student subject to a major sanction, the student must be offered, in writing, the opportunity for review by a hearing board or for continuing with the administrative review. The student's choice must be indicated in writing. If the student chooses to continue with the administrative review, the student must also waive, in writing, rights to the processes in the judicial board hearing which are not included in an administrative review.

Judicial Board Hearing

The Judicial Board will be composed of two (2) currently enrolled students in good academic and disciplinary standing and three (3) University faculty and/or staff members. The members of the board must be unbiased and may be selected from another campus or site. Student appointments and alternates will be made by the USUAA president. Faculty/staff appointments and alternates will be made by the Dean of Students.

The accused student will be notified, in writing, at least five (5) class days prior to the judicial board hearing of the names of potential judicial board members. The student may object to a member on the basis of bias, provided the student notifies the designated judicial officer, in writing, at least three (3) class days prior to the scheduled hearing and states reasons for believing the board member is biased. The designated judicial officer will have the discretion to either uphold the appointment or have the board member replaced.

The accused student may choose between an open or closed hearing to the extent that such choices are permitted by state and federal laws. A hearing will be closed unless the student makes a written request at least one (1) day in advance of the hearing to the designated judicial officer for an open hearing. However in order to protect privacy or other rights of individuals involved in a proceeding, the designated judicial officer may determine that all or portions of the hearing will be closed. An advisor for a student may be present and may represent the student during the hearing.

Witnesses may attend the hearing only during their testimony. The accused student will have the opportunity to question and hear all witnesses relied upon by the University.

The accused student will have the opportunity to present a defense, including introduction of relevant exhibits, affidavits, or witnesses, in addition to any information, explanations, and/or mitigating factors presented during the preliminary investigation of charges. Admission of and restrictions on exhibits and other evidence will be at the discretion of the designated judicial officer.

The judicial board will deliberate in closed session and make its determination within five (5) class days of the conclusion of the hearing, unless an extension is provided by the designated judicial officer.

Appeal Procedure for Minor Sanctions

An accused student may appeal a decision to impose a minor sanction to the Dean of Students or designated appeal reviewer. Appeals may be made on the basis that:

  1. a material procedural error was made during the process which would have changed the outcome of the matter;
  2. the sanction imposed was clearly excessive for the violation committed;
  3. newly discovered information exists which the student could not reasonably have been expected to know of or discover through diligence prior to the conclusion of the matter and which information, if known, would clearly have affected the outcome of the matter; or
  4. the decision is not supported by substantial information

Appeals must be submitted in writing within seven (7) class days of the day the decision is sent to the student, and in accordance with the MAU rules and procedures.

The Dean of Students or designated appeal reviewer will conduct a review of the record and will ordinarily render a decision within seven (7) class days of receipt of the appeal. The Dean of Students or designated appeal reviewer may:

  1. affirm a decision and/or sanction;
  2. dismiss the case;
  3. lessen a sanction
  4. refer the matter back for further review;
  5. authorize a new administrative review or judicial board hearing; or
  6. take such other action as the Dean of Students or designated appeal reviewer deems appropriate

The decision of the Dean of Students or designated appeal reviewer constitutes the University's final decision on the matter. Notification to the student must be made in writing and in accordance with Regents' Policy and University Regulation.

Review Procedures for Major Sanctions

A recommendation to impose a major sanction from an administrative review or judicial board hearing is automatically forwarded to the Dean of Students or designee for review.

The Dean of Students or designee will conduct a review of the record within fourteen (14) class days and may:

  1. affirm or modify the recommendations for a major sanction and forward the recommendation to the Vice Chancellor of Student Affairs;
  2. dismiss the case;
  3. lessen the sanction
  4. refer the matter back for further review;
  5. authorize a new administrative review or judicial board hearing; or
  6. take such action as the Dean of Students or designee deems appropriate

The accused student will be given an opportunity to comment upon the findings, conclusions, and recommendation of the administrative review or judicial board hearing. Comments must be submitted, in writing, to the Vice Chancellor of Student Affairs within seven (7) class days of the day the findings, conclusions, and recommendation are sent to the student.

The Dean of Students or designee will forward a recommendation for a major sanction to the Vice Chancellor for Student Affairs who will review the record and forward final recommendations for major sanctions to the Chancellor. The Chancellor will ordinarily render a decision within seven (7) class days of the receipt of the recommendation from the Vice Chancellor for Student Affairs. The Chancellor may dismiss the charges, impose a major or minor sanction, or take such other action as the Chancellor deems appropriate.

The decision of the Chancellor constitutes the University's final decision on the matter. Notification to the student must be made in writing and in accordance with Regents' Policy and University Regulation.

Summary Restrictions

Summary restrictions may be issued in writing by the Chancellor, the Dean of Students or designee for the purpose of investigating the events in which the student was allegedly involved and/or for the protection of persons or property pending the final outcome of the University judicial process.