Article 4: Non-Academic Hearing Board Structures
Consistent with the fundamentals of fair play in any judicial process is an opportunity for those accused to be heard by their peers. What follows is the foundation and structure of a representative peer review structure, embedded within the hearing procedures outlined within this document. This Article describes the composition and jurisdiction of all non-academic hearing boards. Academic hearing boards are described in Article 6 of this document.
I. General Guidelines
A. Student Membership and Selection. A nomination committee composed of undergraduate and graduate members from each of the hearing boards outlined in this Article, as well as representatives from RHA, ASMSU, and COGS, will be responsible for recruiting and nominating a full complement of students to serve on each hearing board. At its discretion, the committee may include faculty members in the nomination process. The committee will be advised by a designee of the Dean of Students, who shall be a non-voting member. The committee will develop and follow written procedures to govern the nomination process.
Once the nomination process is complete, the committee must submit the names of the candidates for appointment to the appropriate governing body (see Section I.B below) no later than the sixth week of spring semester.
B. Student Appointment/Reappointment. COGS shall be responsible for the appointment of graduate students to the hearing boards described in this Article. RHA shall be responsible for the appointment of residence hall hearing board members. ASMSU shall be responsible for the appointment of undergraduates to remaining hearing boards described in this Article. All student appointments shall be made by the tenth week of spring semester.
Each governing body shall make provisions for filling mid-semester vacancies on an interim basis prior to completion of the appointment process. If such vacancies have not been filled within two weeks, the Provost may appoint student members to fill them. The Provost may also appoint students to fill vacancies if students are unable to serve during the summer or if interim members are necessary to meet quorum requirements.
C. Faculty and Staff Membership and Appointments. Faculty members on the hearing boards described in this Article shall be nominated pursuant to the Bylaws for Academic Governance and appointed by the President. Faculty members may serve no more than two consecutive full-term appointments. Staff members on the hearing boards described in this Article shall be nominated by the Executive Vice President for Administrative Services and appointed by the President. Staff members may serve no more than two consecutive full-term appointments.
The Provost may appoint members from the faculty and staff ranks to fill vacancies in the event that mid-semester openings occur, members are unable to serve during the summer, or interim members are necessary to meet quorum requirements.
D. Advisors. Each hearing board described in this Article shall have an advisor designated by the Dean of Students. The role of the advisor is to see that each hearing board follows the provisions outlined in this document. The advisor shall serve as an ex-officio and non-voting member of the hearing board.
E. Code of Operations. All hearing boards shall follow a written code of operations that will be reviewed and approved by UCSA. The codes of operation of student-only hearing boards described in Section II of this Article must be approved by their related major governing groups. Each code of operations must be consistent with this document, including confidentiality provisions, procedures for determining whether a complaint warrants a judicial hearing, and how a hearing is to be conducted.
The codes of operation shall, at a minimum, require that board members be trained, provide for the appointment of board members to specific board roles, and establish procedures for the assessment of conflicts of interest and removal of board members if necessary. The codes of operation shall also define the quorum for the hearing board, which in no case shall be less than five board members or 50% of the currently appointed membership, whichever is less. The codes of operation shall also address procedures for expedited consideration of urgent cases in which a temporary restraining action is sought.
II. Student-Only Hearing Boards
A. University Housing Hearing Boards. The RHA may establish it’s own hearing boards with jurisdiction over cases involving:
1. Complaints of personal misconduct occurring in or around University housing, including alleged violations of General Student Regulations, Student Group Regulations, Living Group Regulations, or University policies, where the possible sanction would not be expected to result in suspension or dismissal from the University; and
2. Complaints regarding the constitution, bylaws, or policies of RHA.
University Housing Hearing Boards do not have jurisdiction over cases involving academic misconduct, except as described in Article 5, Section I of this document.
B. All-University Student Hearing Board. ASMSU and COGS shall form one All-University Student Hearing Board to be comprised of at least three undergraduate students and three graduate students. This hearing board will have jurisdiction over cases involving:
1. Complaints of personal misconduct occurring in or around University housing that involve a graduate student, or for which another hearing board is not available and where the possible sanction would not be expected to result in suspension or dismissal from the University;
2. Complaints alleging violations of General Student Regulations, Student Group Regulations, or University policies by individual members or constituent groups within ASMSU or COGS where the possible sanction would not be expected to result in suspension or dismissal from the University;
3. Complaints regarding the constitution, bylaws, or policies of ASMSU or COGS.
The All-University Student Hearing Board does not have jurisdiction over cases involving academic misconduct, except as described in Article 5, Section I of this document.
C. Terms of Appointment. Members of student-only hearing boards shall serve for one full calendar year, commencing with summer semester following appointment, with opportunity for reappointment for one additional term. Student members appointed mid-semester will serve until the beginning of the next succeeding summer semester.
III. Student-Faculty-Staff Hearing Board
A. Composition. The Student-Faculty-Staff Hearing Board shall be comprised of five undergraduate students, three graduate students, two staff members, and three faculty members.
B. Jurisdiction. The Student-Faculty-Staff Hearing Board shall have jurisdiction over cases involving:
1. Complaints of personal misconduct, including alleged violations of general student, student group, or living group regulations, or University policies;
2. Complaints arising between or within major governing groups, student governing groups, living units, and/or registered student organizations that allege a violation of the group’s, unit’s, or organization’s constitution, bylaws, or policies;
3. Complaints between ASMSU and COGS that allege a violation of either governing body’s constitution, bylaws, or policies.
The Student-Faculty-Staff Hearing Board does not have jurisdiction over cases involving academic misconduct, except as described in Article 5, Section I of this document.
C. Terms of Office. Student members of the Student-Faculty-Staff Hearing Board shall serve for two years with the opportunity for reappointment for one additional two-year term. Faculty and staff members shall serve for three years, with the opportunity for reappointment for one additional three-year term. All terms of office shall begin with the summer semester following appointment.
IV. University Student Appeals Board
A. Composition. The University Student Appeals Board shall be comprised of two undergraduate students, one graduate student, one staff member, and two faculty members.
B. Jurisdiction. The University Student Appeals Board shall have appellate jurisdiction over disciplinary decisions arising from processes outlined in Section I of Article 5. The University Student Appeals Board shall also have original jurisdiction over non-academic student grievances filed pursuant to Section II of Article 5 to challenge a University policy or regulation.
C. Terms of Office. Student members of the University Student Appeals Board shall serve for two years with the opportunity for reappointment for one additional two-year term. Faculty and staff members shall serve for three years, with the opportunity for reappointment for one additional three-year term. All terms of office shall begin with the summer semester following appointment.