Judicial System

Judicial System

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• Mission Statement

  Otterbein University will develop, disseminate, interpret, review, and uphold campus policies. The judicial program seeks to contribute to the education of individuals, as well as groups, to help them see beyond themselves in relation to their community. Campus policies are intended to protect the campus community from disruption and harm. The judicial program protects the rights of students through an educational process.

• Judical Procedure

  Cases are heard, (depending on the severity of the violation and the plea which the accused enters), by the Residence Hall Director, Judicial Hearing Officer, or Judicial Council. Violations range in increasing severity from Level I to Level V violations. The less severe violations may be heard administratively whereas Judicial Council hears the more serious violations.
  
  Specifically, unless the accused elects to have his/her case heard by a Judicial Hearing Officer, Level I and II violations and some Level III violations shall be heard by the Residence Hall Director of the residence hall in which the student resides or where the violation occurred and if the accused enters a plea of “responsible”. If a responsible plea is not entered, a Judicial Officer and/or Judicial Council shall hear the case.
  
  Level III and Level IV violations shall be heard by a Judicial Officer unless the hearing officer believes the case is severe enough to warrant suspension or dismissal or if the Hearing Officer feels the case is better resolved at Judicial Council. The accused student(s) may also elect to have a hearing by Judicial Council.
  
  The Judicial Council hears level IV and V violations or cases in which the accused student(s) elects to have a hearing by Judicial Council.
  
  Repeated offenses may result in a higher-level violation, for example: two level III violations, within one year, becomes a Level IV violation.

• Judicial Council

  A. The Judicial Council shall derive its authority from the Otterbein University Bylaws, with the approval of the Board of Trustees.
  B. Membership - Three faculty members and four students, not members of any other judicial body, shall be chosen in accordance with the provisions set forth in Article VIII. The term of office for the Judicial Council shall be two years. In odd-numbered years, two faculty members and two students shall be elected. No one shall be elected for more than four consecutive years. The Council shall elect a chair from its membership.
  C. Functions - Members of the University community with the Student Affairs Office shall file complaints concerning infractions of University regulations. The Student Affairs staff shall refer appropriate complaints to the Judicial Council along with recommendations for disposition of the case. A representative of the staff may appear before the Council to discuss the case and shall do so upon the request of the Council. When the Student Affairs staff considers the referral of a case to the Judicial Council would jeopardize constructive counseling already in progress, the Staff shall inform the Chair of the Judicial Council accordingly. Persons charged with violations have the right to reject counseling and answer the complaint before the Judicial Council without prejudice and shall be so informed by the Student Affairs staff.
  
  The Judicial Council shall have original jurisdiction to deal with the more severe offenses set forth in the Campus Life Handbook and with all offenses posing the potential of suspension or dismissal, except those within the jurisdiction of other bodies as specified in the Bylaws. The Judicial Council shall determine the facts and prepare a written judgment substantiating its decision in each case it hears.
  
  The Judicial Council shall inform the accused and accuser of the appeal procedure. If the accused or the accuser makes an appeal, penalties shall be suspended until the Appeals Council has taken final action. Any appeal from a decision of the Judicial Council must be made in writing, including supporting reasons, to the Appeals Council within the next 48 hours after notification of the decision.

• Records

  A record of all violations will be maintained in the Student Affairs Office as well as a statement of the action taken by the hearing officers, Judicial Council, or counseling provided by the Vice President and Dean for Student Affairs.

• Judical Hearing Officers

  A. Judicial Hearing Officers - The Judicial Hearing Officers shall derive their authority from the Otterbein University Bylaws.
  B. Membership - Judicial Hearing Officers shall be members of the administrative staff of the Student Affairs Office who are selected by and serve at the request of the Vice President and Dean for Student Affairs.
  C. Functions - Members of the University community with the Student Affairs Office shall file complaints concerning infractions of University regulations. At the election of an accused student who desires to enter a plea of responsible, infractions specified in the Campus Life Handbook may be heard by a residence hall director if the accused resides in a residence hall, otherwise if the student does not so elect, such offenses, along with other offenses specified in the Campus Life Handbook, shall be heard by a judicial hearing officer. Judicial hearing officers shall have no jurisdiction to hear cases involving suspension or dismissal. A residence hall director or judicial hearing officer may waive jurisdiction of a case if he/she determines that proceeding with the case would jeopardize constructive counseling already in progress. Additionally, if the facts and circumstances warrant such action, the residence hall director, or judicial hearing officer may refer the case to the Judicial Council for decision.
  
  If a Residence Hall Director or a judicial hearing officer hears the matter, he/she shall determine the facts and prepare a written judgment substantiating his decision. Additionally, the accused and accuser shall be informed of the appeal procedure. Either the accused or accuser may appeal the decision of the residence hall director or the judicial hearing officer to the Appeals Council. Any penalty shall be suspended until the Appeals Council has taken final action. Any appeal to the Appeals Council must be made in writing, including supporting reasons, within 48 hours after notification of the decision.
  
  D. Record - A record of all actions taken by the residence hall director, judicial hearing officer, Judicial and Appeals Councils, or Greek councils shall be maintained in the Student Affairs Office.

• Appeals Council

  A. Membership - Three faculty members and three students, not members of any other judicial body, shall be chosen in accordance with the provisions set forth in Article IV. The term of office for the Appeals Council shall be two years. No one shall be elected for more than four consecutive years. The council shall elect a Chair from its own membership.
  
  B. Functions - The Appeals Council shall have final judicial authority to deal with infractions of the University regulations, except those within the jurisdiction of the Personnel Committee, to hear appeals of individuals against whom action has taken by a Residence Hall Director, Judicial Hearing Officer, the Judicial Council, the Traffic Council (for major violations only) the United Greek Governing Board or the Academic Council. After examining the record, the council may decide to hear the appeal in its entirety or to limit the scope of its hearing. In all cases the Appeals Council will determine the facts and prepare a written statement. When Traffic Council has acted as an appellate body for a major violation, its decision may be further appealed to Appeals Council, but the council may decline to hear the case. In cases of suspension or dismissal, a student may file an appeal to the President. This must be done in writing (no emails) within 48 hours of the notification (either written or verbally) of the sanction.
  
  C. Rules concerning judicial records shall be promulgated by the Appeals Council.
  
  D. The Appeals Council, when considering that pending matters merit the attention of the Academic Council, shall inform the Academic Council accordingly.
  
  E. Any student who is convinced that his/her academic performance has been evaluated on other than an academic basis or in a prejudiced or capricious manner has the right to appeal such a grade. The evidence leading to this conclusion shall be presented by the student in writing to the Vice President for Academic Affairs after the student consulted with the professor involved. The Vice President for Academic Affairs shall consult with the student and the faculty member, after which the appeal may be passed on to the Appeals Council for its consultation and judgment. The actual grade change if deemed in order by the Appeals Council shall be determined by the Vice President for Academic Affairs in consultation with the student and the professor involved in the appeal, or, if the professor is unavailable, with the appropriate Department Chair.
  
  F. The Judicial Bodies will structure their procedures in accordance with the spirit of the Statement on the Rights and Freedoms of Students adopted by the faculty, May, 1969.
  
  

  G. No record of the decision made by a Residence Hall Director, Judicial Hearing Officer, the Judicial Council, the Traffic Council, or the Appeals Council shall be released to the public unless requested by the individuals involved, or required by law.
  
  A student suspended from the University for disciplinary reasons may apply to the Admissions Office for readmission after one semester, unless a different period of time was specified at the time of suspension. A recommendation of the Vice President and Dean for Student Affairs must be considered before such a student may be readmitted.
  
  Acting under the legal authority of the Board of Trustees, the President can in extraordinary cases or in an emergency situation veto or alter decisions of the judicial bodies but may not reinstate charges against a person when judicial action fails to confirm the original complaint. In all such instances, the President shall state his/her reasons in writing, with one copy going to the council from which the vetoed or altered decision came, and one copy going as a report to the Executive Committee of the Board of Trustees. This latter body shall review the action no later than its next regularly scheduled meeting.

• Suspension

  In extraordinary circumstances the Vice President and Dean for Student Affairs, in consultation with the President, has the right to suspend a student temporarily pending decision of the judicial bodies.

• Academic Policy Appeal Process

  Through Academic Council, which is a standing committee of the University Senate, is an avenue for students appealing the University’s academic policies and is provided to all students. Council membership includes 3 students, 3 faculty, a representative of the Vice President for Academic Affairs, a representative of the Vice President for Student Affairs, the Director of the Academic Support Center, the Registrar, and a representative from the Continuing Studies area.

• The Appeal Process before Academic Council

  A-1 Students pleading his/her case before Academic Council must submit a written appeal to the Council, in Roush Hall, Room 316, by not later than the Friday before each meeting. Academic Council meets on Thursdays of Weeks 1,3,5,7,9,11 and 13 of each semester at 4:00 pm. (For Late Registration appeals, there is different submission deadline. Talk with Academic Affairs at 823-1573 for details on Late Registration of an academic appeal.)
  
  A-2. The appeal should include: 1) the specific request being made; 2) the rationale or reason for the request; 3) Any written supporting documentation from faculty, staff, students, or health care professionals relevant to any extenuating circumstances being cited. Please Note: all relevant documentation, including medical documentation, must be submitted to Academic Council. Documentation that was available at the time of Academic Council hearing but not introduced at this hearing will not be considered in subsequent appeal processes. An appeal must include new information.
  
  A-3. Students are strongly encouraged to appear before Academic Council to present their case and answer questions.
  
  A-4. Students will be given written confirmation of Academic Council’s decision within three business days of the completion of the hearing. If the request is denied, the rationale/reason will be contained in the written confirmation, and any further appeal must be filed in writing to Appeals Council within two business days. The Student Affairs Office oversees Appeals Council. Call the Student Affairs Office at 823-1250 to request an appeal form and a hearing date and time.
  
  Pending action of the Appeals Council, a student’s status shall not be altered, nor their right to be present on campus and attend classes suspended, except for reasons relating to their physical or emotional safety and the well-being of students, faculty/staff, or University property. For more information or questions on your academic appeal, please contact Academic Affairs at 823-1573.

• Procedure for Review by the President

  In cases of dismissal/suspension a student may file an appeal to the President. A student requesting the President to review a decision must do so in WRITING, (not through email) explaining the reason(s), within 48 hours after receiving notification (either verbally or in written form) of the decision by the Appeals Council or the Academic Council. At the President’s convenience, the appellant may be requested to appear. The President may also request an appearance by the chair of the Appeals and/or Academic Council.

• Expunging of Records

  Level I and II offenses are expunged from the student’s record at the time of graduation. Theft, assault, alcohol, drugs, disorderly conduct, etc. are major violation and the student’s judicial file is kept for seven years. The Vice President for Student Affairs reviews the file before expunging. Judicial files on students who have not completed their degree, and are of a more serious nature (felonies and/or expulsions) are kept indefinitely.

• Parents/Guardians Notification

  Parents or guardians of dependent students receive written notification of any judicial decision that results in living unit probation, living unit dismissal, disciplinary probation, suspension or dismissal. Parents or guardians, faculty advisors, and/or coaches may also receive notice of disciplinary action any time it is deemed to be in the best interest of the student and the University to do so. However, disciplinary action is normally treated as confidential information.

• United Greek Governing Board (UGGB)

  The United Greek Governing Board (UGGB) shall derive its authority from the Interfraternity Council Constitution and Bylaws, and the Panhellenic Council Constitution and Bylaws.
  
  The Interfraternity or Panhellenic Councils have jurisdiction over all member fraternities or sororities to enforce Interfraternity or Panhellenic Council policies and University rules and regulations. Instances of alleged misconduct may result in a referral of the fraternity or sorority and/or individual members to the UGGB or to another University judicial body.
  
  Fraternity or sorority misconduct does not need to be officially sanctioned by the entire membership in order to be considered grounds for possible disciplinary action against the chapter. There is not a minimum number of fraternity or sorority members who must be involved in an incident before disciplinary action may be taken against a chapter.
  
  In some instances, misconduct by a single member may provide sufficient grounds for action against the entire chapter.
  
  All complaints involving a fraternity or sorority shall be referred to the Assistant Director of the Center for Student Involvement for review and further investigation.
  
  If the UGGB is not operational, infractions involving University policies will be referred to the Judicial Coordinator for disposition and adjudication.

• Traffic Council

  Membership - Three members, consisting of one faculty member, one student, and one administrative staff member, not members of any other judicial body, named in accordance with provisions outlined in Article IV. No one shall be chosen for more than four consecutive years. The Council shall choose a chair from its membership.

   

  Functions - The Traffic Council shall have original jurisdiction to deal with the major violations of the University motor vehicle rules as determined by the Senate and printed in the Campus Life Handbook.
  
  The Traffic Council shall determine the facts, assess a penalty upon a verdict of “responsible”, and prepare a written judgment substantiating its decision. Immediately following each meeting, the individual will be notified in writing of the Traffic Council’s decision. Those who receive penalties shall be informed of the appeal procedure and, if an appeal is made, penalties shall be suspended until the Appeals Council has taken final action. Any appeal from a decision of the Traffic Council for a major violation must be made in writing, including supporting reasons, to the Appeals Council within 48 hours after notification. The Traffic Council is the final court of appeal for minor violations.
  
  The Traffic Council - Traffic Council does not have jurisdiction over the penalty structure.