Rules and Procedures
- Membership
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.
Attendance
- 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.
Office Hours
- 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
Chief Justice
- 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.
- Jurisdiction
- 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.
Hearing Outline
- 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.
Deliberation
- 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.
Decision
- 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.
Appeals
- 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.