What is the purpose of
the judicial process? The judicial process at University of the Pacific is designed
to promote a safe, respectful academic community by determining
in an appropriate manner issues of possible violations of the
Student Conduct Code; to provide students with the opportunity
to develop into citizen leaders by giving them a central role
in establishing student judicial policy and adjudicating cases;
and, when appropriate, to offer violators of the code an opportunity
to learn from a fair judicial process and develop into responsible
community members.
The student judicial process is applicable to all University
students, including undergraduate, professional and graduate
students. The jurisdiction of the process extends to behaviors
by students and students’ guests that occur on or adjacent
to any of the three campuses or at any University-operated
program, premises or facility, including study abroad programs,
internships, athletic events and campus trips, and any other
activity occurring in the scope of or fairly related to the
students’ relationship with the University.
What does it mean if I receive a charge letter? A charge letter indicates you or your student organization
may have been involved in a violation of the Student Conduct
Code and University policies. Reports of alleged conduct
violations are submitted to the Director of Judicial Affairs.
The Director of Judicial Affairs will convene a hearing
provided that sufficient evidentiary information suggests
a code violation may have occurred. If a hearing is warranted,
the Director will issue a charge letter to the respondent.
The charge letter will indicate what charges are being brought
against you or your student organization and the process
for a judicial hearing with either a hearing officer or a
judicial board.
It is your responsibility to respond as directed to the charge
letter. If you have questions regarding the direction of
the letter, you should seek out the Office of Judicial Affairs
in Hand Hall for clarification before any stated deadline
of the charge letter.
What is a hearing? A judicial hearing is a meeting between the student(s) cited
on an incident report (“respondent”) and a hearing officer
or review board. The focus of the judicial hearing is to
determine if the student or student organization is responsible
or not responsible for violation of the Code.
What if I don’t respond to the charge letter? Students who fail to appear after proper notice will be deemed
to have accepted responsibility for the charges against
them and to submit to sanctions.
What are my rights in the judicial process if I am charged
with a violation? 1. To be notified of all charges in writing;
2. To challenge the designation of a hearing officer or review
board member with cause;
3. To review all relevant documents in the possession of
the Director or Judicial Affairs prior to the hearing;
4. To be allowed a reasonable time to prepare for a judicial
hearing;
5. To question those witnesses who testify at the hearing;
6. To have the right to appeal an adverse decision in accordance
with procedures outlined in the Tiger Lore;
6. To refuse to engage in self-incrimination;
7. To be assured of confidentiality, in accordance with the
terms of the Federal Family Educational Rights and Privacy
Act; and
8. To be given, upon written and signed request, access to
and a copy of the official file of a record of the judicial
proceedings.
What happens at the judicial hearing? What is a judicial
hearing like? Remember, the focus of the judicial hearing is to determine
if the student or student organization (respondents) is responsible
or not responsible for violation of the Code. During the
hearing, the hearing officer or review board will explain
the disciplinary process and the fact that the hearing may
become part of a file relating to the case. Then, the judicial
officer or review board reiterates the nature of the alleged
violation and summarizes the information surrounding the
violation including the time, date, and place where it is
alleged to have occurred. Respondents then have the opportunity
to respond to the evidence submitted. Further questions by
the respondent, officer or board may then transpire. Summary
comments may be made by the respondent but are not required.
During a judicial hearing, the hearing officer, review board,
judicial director and the respondent also have the right
to request attendance of witnesses in person. Witnesses,
other than the respondent, may, at the discretion of the
hearing officer or review board, be excluded from the hearing
during the testimony of other witnesses. Respondents may
be afforded the opportunity to question those witnesses who
testify at the hearing. The respondent or the hearing officer
or review board may utilize the assistance of an advisor.
This individual may provide advice and counsel, but may not
speak on behalf of, or otherwise represent the respondent,
board or officer during judicial procedures. With the exception
of advisors or witnesses, hearings are private.
Hearing officers or review boards will exercise control
over the hearing to avoid needless consumption of time and
to prevent the harassment or intimidation of witnesses. Any
person, including the advisor, who disrupts a hearing or
who fails to adhere to the rulings of a hearing officer or
review board, may be excluded from the proceedings.
Decisions regarding the outcome of the hearing are made
in private by the board or the officer.
Can I Bring an Advisor & How Can They Support Me? The respondent, the hearing officer or review board may utilize
the assistance of an advisor during a judicial hearing.
This individual may provide advice and counsel, but may
not speak on behalf of, or otherwise represent the respondent,
board or officer during judicial procedures. The following
provisions apply to advisors:
Current students, faculty, or staff may act as an advisor.
Off-campus individuals and those with no affiliation to the
University may not act as advisors. Current faculty or staff
may not act as advisors to family members who are respondents.
Who is The Judicial Hearing Officer? Hearing Officers and Judicial Review Boards (Adjudication
Venues)
Hearing Officers, typically student life or athletics administrators
and/or faculty members, serve as a venue to adjudicate allegations
of student code violations.
Who Are the Judicial Review Board Members? Judicial Review Boards may also serve as a venue to adjudicate
allegations of student code violations. Review boards are
comprised of six people – three students, two faculty and
one administrator as the advisor. A student serves as the
chair, convener and administrator of the hearing. Board
members serve a one academic year term with continuation
subject to approval of the Vice President for Student Life
(VPSL). In the event of a vacancy, the VPSL appoints a
replacement.
How Should I Plead? As the charged student, you may plead, “responsible”, “not
responsible”, or enter “no plea.” If you enter “no plea”
for the official record, this means that you don’t wish
to make a statement about your involvement in the incident.
You should know better than anyone which plea is most appropriate.
However, if there is a question in your mind as to whether
you are “responsible” or “not responsible” you should probably
plead “not responsible” and allow the hearing body to decide
on your involvement.
What Kind Of Sanction Am I Going to Receive If I Am Found
Responsible? A complete list of sanctions appears in (University Policies
for Student Life). There is no way to make specific comments
about sanctions except to say that each case is heard on
its own merit. Sanctions will follow current case precedent
but individual circumstances are taken into account. Sanctions
are designed to alter behavior and to make statements about
the University’s expectations for student conduct. Even sanctions
such as suspension are intended to help students learn from
their actions and understand how unacceptable behaviors impact
others. You should be aware that some violations of university
policy may result in suspension or dismissal from the University
for a first offense.
When Can I Appeal A Decision? Students may appeal recommended judicial sanctions to a Judicial
Appeals Committee. Sanctions may be appealed on the following
grounds:
1. The sanction is grossly disproportionate to the offense.
2. The procedures in this Code were not followed, resulting
in prejudice to the student.
3. New relevant evidence is available that could not have
been produced at the time of the hearing, despite the exercise
of reasonable diligence. 4. The decision is not supported
by substantial evidence.
If I Should Decide to Appeal The Decision, What Should I
Do? Students must submit a written statement in support of an
appeal to the Judicial Director within three days of receiving
the final decision of the hearing officer or review board.
The Judicial Director is responsible for convening the Appeals
Committee.
Why Are Some Minor Violations Handled Differently? Alleged minor violations which appear to be routine will
be reviewed administratively. To expedite the processing
of such cases, sanctions ranging from a formal warning
up to deferred denial of housing privilege may be issued
to offenders without the benefit of a face-to-face meeting.
The charged student(s) will be notified in writing that
a judicial record has been established. This record affects
future sanctions for additional violations just as any
prior judicial record would. If referred students disagree
with the action taken or would like to exercise their right
to a hearing, one will be scheduled to resolve the issue
UPON WRITTEN REQUEST OF THE REFERRED STUDENT.
What Sort of Judicial Records Are Maintained On My Case? Referrals may result in the development of a student disciplinary
file, which will be sealed if the student is found not
responsible for the charges. Files of students found responsible
for code violations will be retained as a disciplinary
record for five year’s following that student’s graduation.
Files may be retained for longer periods or permanently,
if so specified in the sanction.
Who Has Access To My Judicial Record? A student's judicial file is kept for internal record-keeping
purposes and to provide some insight into a student's past
behavior if additional problems arise. Past decisions that
resulted in a finding of responsibility will be considered
in subsequent hearings when sanctions are determined. These
records are released to no one other than university officials
at the University of the Pacific who have a legitimate
need to know and others as permitted by law. In cases involving
violent behavior, the accuser may elect to be notified
of the outcome of the hearing. This single exception is
in keeping with the reauthorization of Higher Education
Act (1998) and the Students' Right to Privacy Act, as amended.
Students with judicial records must sign a consent form
before this information can be released to other individuals.
HOWEVER, under the recent amendments to FERPA (Family Educational
Rights and Privacy Act of 1974), parents of students under
age 21 will be notified in writing if their son or daughter
is found responsible for a violation of the alcoholic beverage
or illegal drug policies which leads to a sanction of deferred
suspension, suspension, or dismissal. It is recommended that
students inform their parents of all incidents that result
in judicial sanctions. Keeping this type of information from
parents can make matters worse if additional violations occur.
Records on violations involving student organizations are
not confidential and may be released by the Student Activities
or Office of Judicial Affairs.
If you have any questions or comments
regarding Judicial Affairs, please contact:
