Policies and Procedures of the University Administrative/ Judicial Board

The University Judicial Board is comprised of University faculty, staff, and student members. Board members are appointed for a term of one year. From the pool of members, the Judicial Board that would hear a case is comprised of at least five members. The Judicial Board hears the case, weighs the evidence and testimony of the accused, complainant, and of witnesses, determines a finding of responsible or not responsible of the accused student and notifies the Vice President of Student Affairs of the finding. An appropriate sanction will be determined if the accused student is found responsible. The accused student will be determined responsible or not responsible by the preponderance of the evidence. Preponderance of the evidence means evidence that would lead a reasonable person to conclude that it is more likely than not that the act in question did occur and/or that the accusations are true. To proceed with a hearing, a minimum of five Judicial Board members must be present. If less than five Judicial Board members are present, the accused student must agree in writing in order to proceed with the hearing.

Procedures for the University Administrative/Judicial Board:

Step 1: A charge for violation may be placed against any student by any other student or by a member of the University community by giving written notice of the charge signed by the complainant to the Office of Student Conduct.

Step 2: The Office of Student Conduct shall give notice of the specific charges against the student, in writing. The notice shall clearly indicate the offense with specific reference to the violated regulation and shall indicate the time and place of the initial meeting with the Director of Student Conduct. If the student/organization requests a hearing, a separate notice shall be presented to the accused at least five (5) days prior to the hearing. In extreme cases, the five-day notification period may be waived if deemed necessary. A student may waive their right to a formal hearing and plead responsible to the charge(s). In such cases, the Director of Student Conduct will consider the evidence and make a sanction decision (See Administrative Sanction Hearing). If the student does not waive their right to a hearing and does not appear for a scheduled hearing, their case will be considered by the board and a decision will be rendered in their absence.

Step 3: The Office of Student Conduct shall ensure that any student charged with violating University rules and regulations has, prior to appearing before the Board, the ability to review a statement defining the composition and authority of the Board.

Step 4: The Board shall examine all relevant facts and circumstances presented at the hearing and reach an equitable decision. A record of the hearing shall be kept to enable review and every reasonable attempt shall be made to keep the matter appropriately confidential. All hearings are audio recorded, however in the event of equipment failure, a board member will take notes to ensure accurate recording of the hearing. Fredonia will not be responsible for turning audio recordings into written transcript form. Grounds for appeal will also not be considered due to equipment failure.

Step 5: At the hearing, the student(s) shall have a full opportunity to explain the circumstances surrounding the incident and shall be able to present pertinent evidence and testimony of witnesses. In addition, the student shall have the opportunity to ask questions of any witnesses, respond to written statements submitted against them, and to respond to questions. The Board shall also have the right to call witnesses and to review materials. The student shall have the right to be assisted by an advisor/support person of their choice. The advisor/support person may not participate in the hearing.

Step 6: The student's judicial history will be withheld from the board members until a finding of responsibility has been made. If a student is found responsible for violating University policy, their judicial history, if any, will be shared with the Board members prior to sanction deliberation.

Step 7: The student will be notified in writing of the Board's final decision approximately 3-5 business days following the hearing.

The student shall have the right to appeal. An appeal will only be considered if there is significant new information or material relevant to the case that was not presented during the hearing, or for a claimed violation of the student's due process rights. An appeal must be filed in writing within 5 days of the hearing decision letter date.

Policies of the Administrative/Judicial Board

1. The Board shall not discuss or review matters under consideration outside of the hearing. Failure of a Board member to uphold this provision renders such member subject to impeachment procedures. Impeachment shall be by a two-thirds vote of that committee. Any violation of this section shall not affect the proceedings of the Board in a determination of the case.
2. No member of the Board shall be either a witness before the board or a person previously engaged in formulating the charge or in presenting materials relating to the case.
3. Hearing records shall be filed with the Office of Student Conduct and released only with the permission of the Board, the Director of Student Conduct, or the alleged violator. Records shall be kept for seven years.
4. The Board may adopt bylaws not inconsistent with these rules and regulations upon the affirmative vote of no less than six members.
5. The Board pool shall be composed of at least twelve members. Approximately six students and six faculty/staff members are appointed for a term of one year. 
6. In order to be eligible, a student must have attained sophomore status. All members of the Judicial Board must have been a member of the University community for at least one semester before taking office. No student may serve if they are on disciplinary probation at the time of the appointment. No member of the Judicial Board may be an executive (including class presidents) of the Student Association or a voting member of the University Senate.