Rules and Procedures
Induction of Members
- Time and Place: Each newly confirmed Student Justice shall take the oath of office at the next regularly scheduled Student Judiciary meeting.
- Oath of Office: "If you are willing to assume the duties of your office, please repeat after me the following oath: I do solemnly swear that I will faithfully execute the duties of my office and I will to the best of my ability to serve with integrity to preserve, protect and abide by the Constitution of the Student Body, The UNC Honor Code and the rules and procedures of the Student Judiciary of the University of Northern Colorado.”
Qualifications & Terms of Office
- All members of the Student Judiciary must be a student, as outlined in the Constitution of the Student Body of the University of Northern Colorado.
- All members of the Student Judiciary serve for life as a student at the University of Northern Colorado or until they resign from their position.
- Individuals cannot hold a position with Student Judiciary if they hold another position within Student Senate.
- All members will attend training and bi-weekly meetings.
- If a member is unable to attend a meeting/training, they will be responsible to inform the Chief Justice 24 hours in advance, unless extenuating circumstances exist.
- Members will be required to make-up the miss in the form of an additional office hour.
- If any member accumulates two unexcused absences in any single semester they will be asked to resign.
- If a member is more than 15 minutes late to a meeting or office hour, without informing the Chief Justice in advance, that will count as an unexcused absence.
- The members of the board will determine what constitutes an excused absence.
- All members are required to hold at least one office hour per week during the academic year (fall and spring semesters).
- Office hours may be held in the University Center, Student Senate office #2025 or virtually. Information about the format in which office hours will be held will be advertised on the Student Judiciary webpage.
- If a member is unable to attend their scheduled office hour they need to inform the Chief Justice 24 hours in advance and will be required to schedule a make-up hour.
- Member Expectations
- The Chief Justice will head all Student Judiciary meetings.
- To be eligible for Chief Justice, one must have served on the Student Judiciary for no time less than one semester; if no members are eligible, the one semester requirement is waived.
- One cannot hold the position of Chief Justice for more than two consecutive semesters.
- After one semester without the position as Chief Justice, one is once again able to hold the position for another two semesters, even if he/she already held the position for two consecutive semesters prior.
- In the instance of the Chief Justice being absent, the Judiciary members have the right to appoint a new Chief Justice for the duration of the hearing.
- The Chief Justice is responsible for developing weekly meeting agendas and serving as the liaison to Student Senate.
- The Chief Justice of Student Judiciary, or proxy, will serve on the hiring committee for the Student Rights advocate position.
- Student Judiciary is responsible for administering the grievance procedures as it relates to Student Senate.
- The grievance procedure may not be used for claims of Discrimination, Harassment, and/or Retaliation as defined in UNC’s Discrimination Complaint Procedures (UR 3-6-125).
- If a grievance is forwarded to the Student Judiciary, the Chief Justice will review the contents of the grievance to ensure that it falls within the scope of Student Judiciary.
- If it is determined to fall within the scope of Student Judiciary, the Chief Justice will inform the Grievant and Respondent in writing and a grievance hearing will be scheduled.
- If the grievance falls outside of the scope of Student Judiciary, the Chief Justice will inform the Grievant of such and will refer them to the appropriate process, if applicable.
- Judiciary Proceedings
Coordinating Grievance Hearing
- The Chief Justice is responsible for coordinating the grievance hearing.
- The Chief Justice will notify the Respondent of the allegations that were made against them.
- A grievance hearing will be set by the Chief Justice no sooner than 5 business days following notification to the Respondent.
- Both the Grievant and the Respondent have the option to submit witnesses. A list of witnesses must be submitted at least 3 business days in advance of the hearing and must define the direct knowledge that the witness has as it relates to the specific grievance.
- The Chief Justice will review the list of witnesses and request their attendance at the hearing if they are believed to have relevant information related to the allegations.
- Student Justices, Student Judiciary Advisor(s), the Grievant, and the Respondent will be present throughout the duration of the hearing. Approved witnesses may be called upon by the Judiciary throughout the hearing but will only be present in the hearing during these times.
- Chief Justice Facilitates Introduction/Welcome
- Introduce individuals in attendance at the hearing in the following order: Student Judiciary Members, Student Judiciary Advisor(s), the Grievant, witnesses serving on behalf of the Grievant, the Respondent, and witnesses serving on behalf of the Respondent.
- Thank participants for being present and provide overview of the hearing.
- Chief Justice Will Review the Role of Student Judiciary and the Rules of Engagement
for the Hearing:
- The Student Judiciary’s role is two-fold. One, to review whether a policy under the jurisdiction of the Judiciary was violated, and two, if so, to determine appropriate and restorative sanctions.
- The standard of proof utilized by Student Judiciary is preponderance of the evidence.
- Explain ground rules, including:
- Participants, including the Grievance, Respondent, and approved witnesses, will have an opportunity to provide information relevant to the grievance so it is essential that there is: No interrupting, only respectful language, questions will only be asked through the Student Judiciary.
- Attendees not complying with these expectations may be asked to leave and a decision will be reached based on the available information.
- Ask attendees to indicate whether they are able to abide by these expectations.
- Summary of Grievance: The Judiciary shall give an overview of the grievance submitted.
- Grievant Information:
- The Grievant will have an opportunity to provide any additional context/information in support of the grievance that was filed. The Grievant may only discuss information related to the grievance that was filed; this is not a time to introduce additional allegations/claims.
- The Judiciary will ask clarifying questions of the Grievant.
- At its discretion, the Judiciary may call witnesses individually provided by the Grievant to provide only information describing their direct knowledge of the specific grievance.
- The Respondent can ask questions of the Grievant and/or witnesses only through the Student Judiciary. The Respondent will submit, in writing, their questions. The Judiciary will consider questions for relevance and appropriateness before asking them of the Grievant/witness.
- The Judiciary may question witnesses for clarification and thank them for their participation.
- Respondent Information:
- The Respondent is given an opportunity to present information in response to the grievance.
- The Judiciary will ask clarifying questions of the Respondent.
- At its discretion, the Judiciary may call witnesses individually provided by the Respondent to provide only information describing their direct knowledge of the specific grievance.
- The Grievant can ask questions of the Respondent and/or witnesses only through the Student Judiciary. The Grievant will submit, in writing, their questions. The Judiciary will consider questions for relevance and appropriateness before asking them of the Respondent/witness.
- The Judiciary may question witnesses for clarification and thank them for their participation.
- Final Review of Information:
- The Student Judiciary may ask questions or request a summary of information, as necessary for clarification only, of any attendees.
- The Chief Justice then brings the hearing to a close, thanking attendees for being present.
- The Student Judiciary meets in closed session until it reaches a finding.
- The Student Judiciary will determine if the Respondent is responsible for violating policies, and if so, the sanctions that will be imposed.
- Decisions will be made by a majority vote. The Student Judiciary Advisor only votes in the case of a tie.
- The Student Judiciary Advisor will issue a decision letter to the Respondent on behalf of Student Judiciary. The Grievant is not notified of the outcome of the case.
- If the Respondent is found responsible, the Judiciary will outline sanctions and why each sanction is appropriate given the violation. The letter will also outline the timeframe and procedure for completing sanctions, as necessary.
- If the finding is responsible, the Judiciary will outline the sanctions, including why each is appropriate and the timeframe and procedure for completion, as applicable. The letter will also include the potential consequences for failing to complete the assigned sanctions within the given timeframe.
- If the Respondent is found responsible, they have the opportunity to appeal following the appeals procedures outlined below.
- If the Respondent is found not responsible, the letter will outline the reasons for the finding.
- The purpose of the grievance procedure appeal process described below is to provide a means for appealing the finding(s) and/or sanction(s), as determined by the Judiciary.
- All appeals should be submitted to the Dean of Students (or designee) via email within seven days of final action determined by the Student Judiciary.
- If the Respondent is found responsible for violating the policy(ies) in question, they may file an appeal based on the finding(s) and/or sanction(s) being “arbitrary,” “capricious,” or a “violation of University policy.”
- These terms are defined as follows:
- Arbitrary: disparate treatment of persons in essentially identical circumstances;
- Capricious: no discernible relationship between the act or decision complaint of and the legitimate interests of considers affecting or motivating such act or decision; and
- Violation of University policy: misinterpretations, misapplications or violations of authorized University policies.
- The appeal process is facilitated through written materials and does not involve a near hearing.
- The Dean of Students may affirm, modify, or reverse the finding(s) and/or sanction(s).
- The Dean of Students will provide a written resolution to the Respondent which outlines their decision. This appeal resolution is final and concludes the process.
- This grievance appeal procedure is only for finding(s) and/or sanction(s) as determined by the Judiciary and may not be used to appeal decisions pursuant to the University’s Student Code of Conduct, the Discrimination Complaint Procedures, or other University process.