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PAGE 3-SMOKE SIGNALS. FEBRUARY. 1989
Students to Vote on Proposed Changes
Title III. Judicial
SECTION 3. COUNCILS
The Judicial power of the Student
Government Association shall be
vested in: (1) a Residence Hall Coun
cil for each residence hall; (2) the
Chowan College Judiciary Commit
tee, and (3) an Administrative Com
mittee.
C. The purpose of an Ad
ministrative Committee shall be to
function as needed in lieu of the
Chowan College Judiciary when
members of the Chowan College
Judiciary Committee are not
available for hearings scheduled
before classes are begun at the
beginning of semesters, during vaca
tion periods, and during examina
tion periods.
SECTION 4. JURISDICTION
C. An Administrative Committee
appointed to hear a case in lieu of
the College Judiciary Committee
shall have the same jurisdiction as
the College Judiciary Committee.
SECTION 5. MEMBERSHIP
2. The student members shall be
appointed by the Executive Officers
of the Student Government Associa
tion prior to the end of each
academic year.
S. When an accused student does
not wish to be heard by students, a
request and explanation are submit
ted in writing to the Associate Dean
of Students who decides if the re
quest is granted/denied. If the re
quest is approved, the case will be
heard by the faculty/administration
staff members (four members and
one alternate) of the College
Judiciary Committee.
C. An Administrative Committee
shall be composed of five members
appointed by the Dean of the Col
lege.
SECTION 6.
QUALIFICATIONS OF
CANDIDATES AND MEMBERS
D. Administrative Committee
members may be appointed from
any person whose college employ
ment places them in an ad
ministrative, managerial, teaching,
or secretarial position.
SECTION 7.
APPOINTMENT OF OFFICERS
A. The Chairmen, Vice Chairman
and Secretary shall be appointed by
the Committee on Committees, sub
ject to approval by the President.
B. The Secretary shall be a paid
secretary of the college and not a
member of the Judiciary Committee.
C. The Chairman of an Ad
ministrative Committee shall be ap
pointed by the Dean of the College.
SECTION 8.
DUTIES OF OFFICERS
A. The Chairmen shall preside
over all meetings and cast the
deciding vote in a case of a tie.
B. The Vice Chairman shall
assume the duties of the Chairman
in the temporary absence of the
Chairman.
C. The Secretary shall provide
copies of the minutes of the hearing.
D. The Secretary shall see that
hearings and deliberations are
taped.
SECTION 9.
DUTIES OF MEMBERS
AND ALTERNATES
A. Members and Alternates,
unless excused by the Chairman,
shall be present at all meetings of the
Judiciary Committee.
B. An alternate will be seated to
replace either a student member or a
faculty/administrative staff member
who has been excused or removed.
SECTION 10.
ADMINISTRATIVE
DISCIPLINARY ACTION.
Administrative disciplinary action
is taken by the Associate Dean of
Students against individuals for cer
tain violations of College Policies,
General Guidelines and Expecta
tions which do not involve possible
suspensions and/or expulsion. If
students do not agree with or accept
the penalties imposed by the
Associate Dean of Students, they
may request a hearing before the
Judiciary Committee. A student has
the right to appeal any ad
ministrative disciplinary action to
the Dean of Students.
SECTION 11.
STUDENT JUDICIAL POLICY
AND PROCEDURES.
^1. (a) Students accused of
violating a Chowan College policy
may be offered a waiver, (b) A waiver
is a written instrument whereby a
student pleads “guilty” or “no con
test” to the violation charged and
relinquishes the right to a hearing on
his guilt or innocence, (c) A plea of
“no contest” is a formal declaration
by the accused student that he will
not contend with the Chowan
College Judiciary Committee (the
Judiciary Committee) in respect to
the charge or charges and is tan
tamount to a plea of guilty for pur
poses of the particular policy
violation to which it is tendered and
accepted, insofar as it gives the
Judiciary Committee the power to
recommend a penalty, and the
Judiciary Committee may recom
mend a penalty thereon as upon a
plea of guilty, (d) But a plea of “no
contest” does not establish the fact
of guilt for any other purpose, and
will not support a recital in the
record that the accused student has
been “found guilty.” (e) Upon
execution of a waiver, a penalty will
be recommended and imposed in ac
cordance with the remaining
provisions of this policy.
2. If a student is accused of
violating a College policy, and he
denies guilt, and he does not want to
sign a waiver pleading no contest, he
is guaranteed a speedy and fair
hearing before the Judiciary Com
mittee.
3. Every accused student is
presumed innocent until proven
guilty.
4. (a) The burden of proof shall
test upon the accusers, (b) The bur
den of proof is by the preponderance
of the evidence, which is simply
evidence of greater weight than that
offered in opposition to it. The term
“preponderance of the evidence”
relates to the credibility of evidence
offered, and not to the quantity. It
does not mean that one party must
offer “more” evidence than the
other.
5. (a) The accused student shall
be informed of the charges against
him at least 48 hours prior to the
hearing, (b) The notification of
charges will include the time and
place of the hearing, (c) In addition,
the accused student shall receive a
written confirmation of the above
prior to the hearing.
6. (a) Hearings are private.
Parents and friends may not be
present when the accused student
appears before the Judiciary Com
mittee. (b) Parents of dependent
students will be notified in writing of
any formal disciplinary actions taken
by the college against their sons
and/or daughters.
7. At least five (5) members of
the Judiciary Committee must be
seated to constitute a quorum for a
hearing to be conducted.
8. The accused student has the
right to be represented and assisted
at any hearing before the Judiciary
Committee by an advisor, who shall
be a current member of the College
community, i.e., a member of the
faculty, staff, or student body.
9. (a) Each judicial hearing will
be tape recorded, minutes will be
kept, and the tape recording and
minutes will be kept on file for five
years, (b) The College will be under
no obligation to transcribe any tape
recording, (c) The College will make
the minutes and the tape recording
available to the accused student for
transcription at his expense.
10. The Judiciary Committee shall
decide whether the accused student
is guilty or not guilty as charged.
11. (a) Voting on the issue of the
guilt or innocence of the accused
student shall be by secret ballot, (b)
The results of the vote, i.e., the num
ber of votes for guilty and the num
ber of votes for not guilty, shall be
made a part of the record of the
hearing.
12. At the conclusion of the guilt
or innocence phase of the hearing,
the accused student shall be informed
of the results of the vote on his guilt
or innocence, including the number
of votes for guilty and the number of
votes for not guilty.
13. If the accused student is found
not guilty on all charges, the accused
student shall be discharged and the
hearing adjourned.
Memo:
To College Community
From:
Dean R. Clayton Lewis
In the spring of 1988, the administration directed
General Counsels (Revelle, Burleson, Lee, and Revelle
of Murfreesboro, North Carolina) to study the student
discipline policy of Chowan College as it is written and
applied and to make recommendations deemed
necessary for the protection of students and the in
stitution. The study was completed in December,
1988.
General Counsels (Revelle, Burleson, Lee, and
Revelle), after studying the Student Government
Association Constitution, The General Guidelines and
Expectations which are contained in the Student
Handbook, and the Chowan College catalog, put the
current judicial policy in chronological order.
The only proposed changes which are not a part of
Article III, the judicial section of the SGA Constitu
tion, are in Article V, the amendment procedure, in
Article VI, the by-laws, and in Article VII, the section
on ratification.
By comparing the proposed changes which are given
below with the General Guidlines and Expectations as
stated on pages 30-32 and Articles III, V, VI, and VII
of the Student Government Association Constitution
as prescribed on pages 43-45 of the 1988-89 Student
handbook, one can quickly come to understanding of
the suggested changes. Individuals who wish to discuss
the suggested changes are encouraged to contact Ex
ecutive Officers of the Student Government Associa
tion, members of the Student Legislature, Miss
Elizabeth Stark, Dr. John Davis, Dean Earl Dilday or
Dean Clayton Lewis. Upon invitation, programs on
the proposed changes will be presented to clubs and
organizations by Dean Earl Dilday and/or Dean
Clayton Lewis.
Students will be given a vote for or against tha pro
posed changes in a referendum which will be schedul
ed in compliance with requirements described in Arti
cle V of the Stu3Hi! Governinent Association Con
stitution, See pages 45 of the current Student Hand
book.
14. When an accused student is
found in violation of any College
policy, whether, by his signing a
waiver or by a finding of guilty by the
Judiciary Committee, the Judiciary
Committee shall recommend- any
penalty which it deems just and
equitable, provided it falls within the
guidelines established by the Con
stitution of the Chowan Student
Government Association (the SGA
Constitution) and published in the
College’s General Guidelines and
Expectations for Chowan College
students (the General Guidelines)
and in the College catalog, (the
Catalog).
15. (a) If the student has plead
guilty or no contest by waiver or has
been found guilty by the Judiciary
Committee after a hearing, he shall
then be advised that the student
disciplinary policy requires the
Judiciary Committee to recommend
any penalty which it deems just and
equitable, provided it falls within the
guidelines established by the SGA
constitution and published in the
General Guidelines and in the
Catalog, (b) The student shall then
be advised of the published
minimum and maximum penalties
for each violation of which he has
pled guilty, pled no contest, or been
found guilty, (c) The Judiciary Com
mittee shall then receive any
documentary or testimonial evidence
and hear argument on the question
of what its recommendation of
penalty should be. (d) The student
shall then be given the opportunity
to present documentary or
testimonial evidence and argument
to the Judiciary Committee on the
question of what its recommendation
of penalty should be. (e) The
Judiciary Committe, out of the
presence of the student, shall
deliberate and determine what its
recommendation of penalty will be.
(f) The Judiciary Committee’s
deliberations shall be tape recorded
and the Committee’s reasons for its
recommendation shall be tape recor
ded.
16. At the conclusion of the
penalty phase of the hearing, the ac
cused student shall be informed of
the recommended penalty and the
reasons therefor.
17. (a) A student has the right to
appeal a Judiciary Committee deter
mination that he is guilty of violating
a College policy, (b) A student has
the right to appeal a Judiciary Com
mittee recommendation for penalty,
whether the student has been found
guilty of violating a policy, has en
tered a plea of guilty, or has entered
a plea of no contest, (c) The
foregoing appeal rights shall be
coexistent.
18. (a) A student’s appeal from
the Judiciary Committee must be
submitted in writing to the Dean of
Students within 48 hours after the
Judiciary Committee notifies the
student of its recommendation of
penalty, (b) The student’s written
appeal shall set forth which of the
following grounds of appeal the
student is relying upon: (i) The
Judiciary Committee did not permit
the student an opportunity to
present his defense at the guilt-or-
innocence phase of the hearing; (ii)
The evidence presented at the guilt-
or-innocence phase of the hearing
was not sufficient to support a fin
ding of guilty of the policy violation
charged; (iii) The Judiciary Commit
tee did not permit the student an op
portunity to present evidence or
argument at the penalty-
recommendation phase of the
hearing; (iv) The recommended
penalty exceeds the maximum
penalty for the violation found; (v)
Though it does not exceed the
maximum penalty for the violation
found, the recommended penalty is
so disproportionate to the offense, in
light of all circumstances, as to be
shocking to one’s sense of fairness.
19. However, the right of appeal
does not automatically entitle a
student to a rehearing of the case.
20. In support of his appeal, the
accused student has the right to
present to the Dean of Students any
documentary or testimonial evidence
and any argument bearing upon any
of the findings the Dean of Students
must make to grant the student a
rehearing before the Judiciary Com
mittee.
21. If, after receiving and con
sidering the materials submitted by
the student in support of his appeal.
the Dean of Students has reasonable
cause to believe that: (a) The
Judiciary Committee did not permit
the student an opportunity to
present his defense at the guilt-or-
innocence phase of the hearing; or
(b) The evidence presented at the
guilt-or-innocence phase of the hear
ing was not sufficient to support
a finding of guilty of the policy
violation charged; or (c.)
The Judiciary Committee did not
permit the student an opportunity to
present evidence or argument at the
penalty-recommendation phase of
the hearing; or (d) The recom
mended penalty exceeds the
maximum penalty for the violation
found; or (e) Though it does not ex
ceed the maximum penalty for the
violation found, the penalty recom
mended is so disproportionate to the
offense, in light of all the cir
cumstances, as to be shocking to
one’s sense of fairness; the Dean of
Students shall direct a rehearing
before the Judiciary Committee on
the question of the student’s guilt, or
on the recommendation of penalty,
or on both.
22. Whether or not the student ap
peals to the Dean of Students, the
Judiciary Committee will notify the
Dean of Students in writing as
quickly as possible of its recom
mended penalty and the reasons
therefor.
23. Whether or not the student ap
peals, the Dean of Students shall
review the penalty recommended by
the Judiciary Committee.
24. Whether or not the student ap
peals, the Dean of Students has the
authority to approve the recom
mended penalty, to increase the
recommended penalty, or to
decrease the recommended penalty.
25. The Dean of Students has the
authority to decrease the recom
mended penalty if it exceeds the
maximum penalty for the violation.
26. The Dean of Students has the
authority to decrease the recom
mended penalty if, based upon the
entire record of the hearing before
the Judiciary Committee, it clearly
appears that the recommended
penalty is so disproportionate to the
offense, in light of all the cir
cumstances, as to be shocking to
one’s sense of fairness.
27. The Dean of Students has the
authority to increase the recom
mended penalty if, based upon the
entire record of the hearing before
the Judiciary Committee, it clearly
appears that the recommended
penalty clearly is so disproportionate
to the offense, in light of all the cir
cumstances, as to be so shocking to
one’s sense of fairness.
28. As provided in the Catalog and
in the General Guidelines, if the
student’s conduct is regarded as un
desirable, the Dean of Students may
recommend excluding the student
from the college without specifying
any further reason for exclusion. In
this regard, “undesirable” is defined
as “not wanted and disagreeable,”
and “disagreeable” is defined as
"unpleasant, offensive, causing
discomfort.”
29. If the Dean of Students ap
proves the penalty recommended by
the Judiciary Committee, he shall
immediately notify the accused
student in writing, setting forth the
reasons why he is approving the
recommended penalty.
30i. (a) The Dean of Students will
immediately notify the Chairman of
the Judiciary Committee if the Dean
of Students decides that he cannot
approve the penalty recommended
by the Judiciary Committee, and a
meeting between the Dean of
Students and the Judiciary Com
mittee will be scheduled and held as
quickly as possible for the following
purposes as applicable: (b) If the
Dean of Students proposes to
decrease the recommended penalty
because in his opinion it exceeds the
maximum penalty for the violation,
then at the meeting the Dean of
Students will: (i) So advise the
Judiciary Committee; (ii) Advise the
Judiciary Committee of the opinion
of the Dean of Students as to what is
the maximum penalty for the
violation; (iii) Give the Judiciary
Committee an opportunity to recom
mend a penalty which does not ex
ceed the maximum; (iv) If it fails to
act, inform the Judiciary Committee
that he decrease the recommended
penalty to what he considers to be
the maximum penalty for the
violation. (c)^f the Dean of Students
proposes to decrease the recom
mended penalty because it is his
opinion that, based upon the entire
record of the hearing before the
Judiciary Committee, it clearly ap
pears that the recommended penalty
is so disproportionate to the offense,
in light of all the circumstances, as
to be shocking to one’s sense of fair
ness, then at the meeting the Dean of
Students will: (i) So advise the
Judiciary Committee; (ii) Advise the
Judiciary Committee of the portions
of the record which in the opinion of
the Dean of Students support his
opinion the recommended penalty
exceeds the gravity of the situation;
(iii) Give the Judiciary Committee an
opportunity to convince the Dean of
Students that he is mistaken in his
interpretation of the record and that
the penalty recommended by the
Judiciary Committee should in fact
be upheld; (iv) If the Judiciary Com
mittee is reasonably unsuccessful in
convincing the Dean of Students that
he is mistaken in his interpretation
of the record, give the Judiciary
Committee an opportunity to recom
mend a penalty which in the opinion
of the Dean of Students is not so
disproportionate to the offense in
light of all the circumstances, as to
be shocking to one’s sense of fair
ness; (v) If it fails to act, inform the
Judiciary Committee that he
decrease the recommended penalty
to one which in his opinion is not so
disproportionate to the offense, in
light of all the circumstances, as to
be shocking to one's sense of fair-
ness,A^ If the Dean of Students
propdsSs to increase the recom
mended penalty because he is of the
opinion that, based upon the entire
record of the hearing before the
Judiciary Committee, it clearly ap
pears that the recommended penalty
clearly is so disproportionate to the
offense, in light of all the cir
cumstances, as to be shocking to
one’s seris'e'of fairness, then at the
meeting the Dean of Students will:
(i) So advise the Judiciary Com
mittee; (ii) Advise the Judiciary
Committee of the protions of the
record which in the opinion of the
Dean of Students support his opinion
the recommended penalty clearly
is so disproportionate to the offense,
in light of all the circumstances, as
to be shocking to one’s sense of
fairness; (iii) Give the Judiciary Com
mittee an opportunity to convince
the Dean of Students that he is
mistaken in his interpretation of the
record and that the penalty recom
mended by the Judiciary Committee
should in fact be upheld; (iv) If the
Judiciary Committee is reasonably
unsuccessful in convincing the Dean
of Students that he is mistaken in his
interpretation of the record, give the
Judiciary Committee an opportunity
to recommend a penalty which in the
opinion of the Dean of Students is
clearly proportionate to the offense,
in light of all the circumstances, as
to not be shocking to one’s sense of
fairness;(v) If it fails to act, inform
the Judiciary Committee that he in
crease the recommended penalty to
one which in his opinion clearly is
proportionate to the offense, in light
all the circumstances, as to not be
shocking to one’s sense of fairness.
If the Dean of Students proposes
'=TO find that the student’s conduct is
regarded as undesirable and to ex
clude the student from the College
without specifying any further
reason for exclusion, then at the
meeting the Dean of Students will;
(i) So advise the Judiciary Com
mittee; (ii) Advise the Judiciary
Committee of the student’s conduct
which the Dean of Students regards
as undesirable; (iii) Give the
Judiciary Committee an opportunity
to convince the Dean of Students
that he is mistaken in his un
derstanding that the student com
mitted the conduct regarded as un
desirable: (iv) If the Judiciary Com
mittee is reasonably unsuccessful in
convincing the Dean of Students that
he is mistaken in his understanding
that the student committed the con
duct regarded as undesirable, in
form the Judiciary Committee that
he excludes the student from the
College because the student has
committed^nduct regarded as un
desirable. |ftf With regard to Items
Nos. 30 (eTr ii and iv immediately
above, the Dean of Students is
See “Students Vote,” Page 4