NDSCS College Catalog
|
|
| Judicial Committee Procedures |
| When a student disciplinary infraction occurs, the College Judicial Officer (in conjunction with other involved college employees) determines the action to be taken against the student. |
| If the student wishes to appeal the ruling, the following procedures will be followed: |
| 1. The judicial officer and the student together will set a hearing date, time and place. Judicial committee members must be given at least two working days notice of the hearing so schedules can be cleared. (Judicial hearing take precedence over other job responsibilities, and judicial committee members must make every effort to attend. In the event a member is unable to attend, that member is responsible for selecting a substitute from their division or department to participate in the hearing for them.) |
| 2. At the time the hearing is set, the student must be provided with a copy of his/her rights and responsibilities regarding the hearing process. The student must sign a statement affirming that these rights and responsibilities are understood and a copy has been received. |
| 3. An outline of the specific infractions under consideration will be supplied to each committee member prior to the hearing by the judicial officer. |
| 4. The hearing will be conducted by the judicial committee chair or his/her chosen representative. (See the document titled Judicial Committee Hearing Procedures.) |
| 5. After the main part of the hearing, the committee members will deliberate privately for as long as required to come up with a majority decision on the case. If necessary for long or involved cases, the hearing can be continued on a different day. |
| 6. The committee must rule on the following: |
| a. Is the student in violation of college policy as stated in the initial charges? |
| b. If the student is found to be in violation, is the penalty imposed by the judicial officer a reasonable penalty for the infraction? |
| 7. If it is determined that the student is not in violation, the ruling of the judicial officer will be overturned, and no penalty will be levied. |
| 8. If the student is in violation and the penalty is judged to be reasonable, the penalty will be enforced. |
| 9. If the student is in violation but the penalty is judged to be unreasonable, the judicial officer and the committee must together negotiate alternate sanctions. |
| During this process, the committee as a whole (majority rule) will have one vote, and the judicial officer will have one vote. Both the judicial officer and the committee must agree upon the sanctions. (This is done because it is the judicial officer who must enforce the sanctions, so they must be manageable for him or her.) |
| 10. The committee’s decision will be presented to the student and the judicial officer in writing by the judicial committee chair or his or her representative within two working days of the close of the hearing. The judicial officer, the judicial committee chair and the student must sign the decision document. The original will be kept on file. A copy will be presented to the student. |
| |
