Judicial Board Membership
The Judicial Board conducts hearings in which students have been charged with violating Juniata College policy. The Board is comprised of three faculty members, two students (appointed by the Student Government), one administrator from Student Affairs, and one administrator from Academic Affairs. The Judicial Board is chaired by a representative from the Provost’s Office, typically either the Assistant Provost or the Dean of Students (or other appropriate appointee). A recording secretary appointed by the Judicial Board Chairperson is also present.
Each Judicial Board is selected from a pool of eight faculty members, five students designated by the Student Government and all members of the Academic Affairs and Student Affairs staff.
Procedures for Judicial Board Hearings
1. Major misconduct and/or repeat minor misconduct which violates the Student Code of Conduct or the Academic Integrity Policy, may result in referral to the Judicial Board.
2. If a student has been referred to the Judicial Board for a hearing, the accused student shall be informed in writing of the charges at least 48 hours in advance of any hearing. The notice shall include a copy of the hearing procedures. Students appearing before the Judicial Board may have an advisor from the college community and/or parents/guardian(s) attend the hearing.
3. The hearing is private (closed).
4. The student may call a reasonable number of witnesses on his or her behalf. Witnesses are subject to questioning by members of the Judicial Board.
5. The student must inform the chairperson 24 hours in advance of the hearing if he or she intends to have witnesses appear. The notification must include the names of any proposed witnesses and their relevance to the situation.
6. If the student does not appear, the hearing will be held in absentia and the student may be additionally charged with failure to comply.
7. When a student appears before the Judicial Board, the Chair reminds the student that he or she is expected to tell the truth. If it is later discovered that a student has been dishonest and/or misrepresented himself or herself to the Board, that student is eligible for suspension from the college.
8. On behalf of the college, the Chairperson of the Judicial Board presents the charge(s) against the student.
9. The student shall have an opportunity to make an opening statement.
10. In the specific case of a charge of academic integrity, the faculty member presents the evidence of the violation to the Board. The student is responsible for presenting any evidence in defense of himself or herself. The burden of proof is on the faculty member. The student and the faculty member may question any witness and inspect any document offered as evidence and make whatever statement or argument appears to be appropriate.
11. After the student’s opening statement (and presentation of evidence from the faculty member for academic integrity charges), the Board may address questions to any party or witness summoned, but shall limit the scope of the testimony to matters relevant to the charges. (The Board may request the presence of any witness deemed necessary for the hearing.).
12. The student and/or advisor may not directly question any witnesses. However, the student and/or advisor may suggest questions to the Judicial Board to ask of witnesses.
13. At the end of the question and answer period, the student and/or advisor(s) and parent(s)/guardian(s) have the opportunity to make closing statements.
14. Following the conclusion of the hearing, the Board shall deliberate in private.
15. The Board shall, by majority vote, make a determination as to whether there has been a violation of Juniata policy and recommend sanctions. The Board provides its recommendation to the hearing chairperson. The hearing chairperson will inform the student of the recommendation(s). The chairperson of the hearing prepares a final report documenting the hearing and the final decision.
16. The Dean of Students will officially notify the student charged of the final decision and any sanction imposed.
1. A student has 48 hours from the hearing conclusion to submit an appeal in writing to the hearing chairperson. Failure to submit the appeal within the time allotted renders the decision final.
2. The Chairperson refers the appeal to the Provost . A decision on the appeal will be made within 48 hours and is based on the letter of appeal and the case file. The Provost may remand the case to the Judicial Board only if he/she specifies procedural errors that denied the student a fair hearing, or if additional significant evidence becomes available.
3. The Provost shall send a copy of the written decision on the appeal to the student, the faculty member, and the hearing chairperson.
4. The decision of the Provost shall be final.
Rights of Students Charged
Certain procedural rights are normally afforded a student charged with a disciplinary violation of college policy.
1. The right to have one’s case processed without undue delay.
2. Written notice (including email) of the charges and the regulation upon which the charges are based no less than 48 hours before the scheduled hearing.
3. Written notice of the time, place and date of the hearing. (Students are responsible for checking their electronic Inbox and mailboxes daily.)
4. The right, but not the obligation, to be present at an Administrative Hearing.
5. The right to testify on one’s own behalf or to remain silent.
6. The right to be presumed innocent.
7. The right to be assisted in one’s defense by any member of the college community of one’s own choosing.
8. The right of appeal.
Following an alleged act of student misconduct, and until final disposition of the charges, the status of a student shall not be altered or his or her right to be present on campus and to attend classes suspended, except for reasons relating to his or her physical or emotional safety and the well-being of other students, faculty or college property, or for reasons relating to the protection of the normal functions of the college.
Records of judicial proceedings shall be kept confidential in accordance with the Family Educational Rights and Privacy Act (FERPA). Case Records shall remain part of the student’s files, but will not be noted on the official college transcript. Case Records will be expunged upon the student’s graduation.