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SECTION 1. MEMBERS
There shall generally be seventeen (17) and no less than fourteen (14) members of the judicial board with approximately an equal number of juniors and seniors. These positions are available to Ada Comstock Scholars who have completed the appropriate number of credits. These positions are appointed in the spring by the current chair and the current vice chair. The incoming chair and vice chair may attend interviews but are not involved in the appointment of new members. If positions remain unfilled appointments are made in the fall by the current chair and vice chair. The President will appoint three (3) staff members and three (3) faculty members, to serve as Smith community members of the judicial board. These members are not regular members of the judicial board and are available only to supplement hearing panels in circumstances described in these bylaws. Community members serve staggered 3-year terms, which may be renewed. The same rules that apply to the conduct of all judicial board members during the hearing process will apply to Smith community members.
SECTION 2. TERM OF OFFICE OF MEMBERS
- The term of office of the judicial board is one year if elected as a rising senior or as a current senior and two years if elected as a rising junior or as a current junior. "Rising senior" is defined as any student who will have accrued 96 credits by the end of the spring semester in which the appointment is being sought. "Rising junior" is defined as any student who will have accrued 64 credits by the end of the spring semester in which the appointment is being sought.
- Each board member is responsible for sitting on assigned hearings, attending mandatory trainings and meetings, and adhering to the judicial board bylaws including the confidentiality code.
- If a member does not fulfill the responsibilities as outlined in these bylaws, the board member may be removed from office by the chair and vice chair, in consultation with the dean of the college’s designee.
- When a judicial board member resigns, the chair and vice chair may decide whether the student is to be replaced. If it is decided to replace the student, the chair and vice chair will hold interviews and appoint a new member.
- A community liaison shall be appointed by the current chair, vice chair, community liaison, and the dean of the college’s designee and must have a minimum of one semester of previous board experience.
- The community liaison will serve as a hearing counselor to students coming before the judicial board and will not sit on hearings during the term of office. The purpose of the community liaison is to guide students through the judicial process and to perform community outreach.
- The community liaison shall generally be available to speak to the student(s) upon request and shall not discuss the specifics of the case with the student. Discussions shall be limited solely to the logistical proceedings of the hearing.
- If the community liaison resigns, the chair and vice chair will decide if the student is to be replaced from the remaining members. A new member may then be appointed by the chair and vice chair through the interview process.
- The chair and vice chair shall be appointed by the current chair, vice chair, and the dean of the college’s designee and must have a minimum of one semester of previous board experience.
- The chair shall sit as a voting member on Cabinet and the vice chair shall sit as a voting member on Senate.
- If the chair resigns, the vice chair shall become chair, and a new vice chair shall be appointed by the new chair and the dean of the college’s designee from the remaining members. A new member may then be appointed by the new chair and vice chair through the interview process.
SECTION 3. JURISDICTION
- The chair, vice chair, and dean of the college's designee may change or modify its rules and procedures, including those in this Article VII, to apply to particular facts, circumstances or cases before it, in review with the SGA cabinet.
- Five members of the judicial board (excluding the adviser) will constitute the number needed to conduct a hearing.
- The college judicial board has jurisdiction over alleged infractions of all nonacademic rules committed by Smith College students, on or away from campus, including by way of example, but not limited to: theft; assault; shoplifting; violations of alcohol/substance abuse policies and/or the Code of Social Conduct; and misuse or misapplication of college funds or property.
- A member of the administration designated by the dean of the college, usually the dean of students, will be consulted for information, advice and consultation regarding the processes of the judicial board.
SECTION 4. REFERRALS
- Members of the Smith College faculty and administration may refer cases to the judicial board including those reported to the college from outside of the Smith College community.
All referrals should be made in writing and sent to the chair in care of the dean of the college's designee.
- The head resident, area coordinator, or house president may refer cases to the judicial board.
- Any student has the right to refer a case to the judicial board.
- In rare instances, the judicial board may refer cases directly to the dean of the college's designee.
- In rare instances the dean of the college's designee, in consultation with the chair of the judicial board, may notify the judicial board that the administration will be taking direct action on a case.
SECTION 5. POWERS, DECISIONS, AND EFFECTS OF NONCOMPLIANCE
- The judicial board has the authority to enforce its decisions and to impose sanctions. The judicial board's authority includes, but is not limited to, the power to impose fines, to issue oral or written reports, to order social probation or transfer of living arrangements or to order other appropriate sanctions. Parents may also be notified of the student’s violation(s) at the discretion of the board and the dean of the college’s designee.
- The judicial board may recommend the sanctions of suspension, dismissal or expulsion, but only the president of the college may impose such sanctions.
- In the event that a student called before the judicial board fails to appear at a scheduled hearing the board will meet without the student. The board shall not find the student responsible for the violations in question solely because of the noncompliance, however, the board may elect to make a separate charge of noncompliance to be heard at a future and separate hearing.
- The failure of a student to comply with the requests of the judicial board may result in appropriate sanctioning. Repeated noncompliance will result in additional sanctions such as, but not limited to, the student being barred from registering for the next semester or receiving a diploma and/or participating in commencement activities until the requests have been complied with. The judicial board shall notify the registrar and the dean of the college of noncompliance with any of its decisions.
SECTION 6. RIGHTS AND RESPONSIBILITIES OF A STUDENT CALLED BEFORE THE JUDICIAL BOARD
- A student called before the judicial board shall have the following rights:
- The right to be provided with a copy of the complaint within 72 hours of the appointment of a hearing officer;
- The right to present evidence supporting the student's version of the alleged complaint;
- The right to a hearing;
- The right to accept or contest responsibility for the violations of the alleged complaint;
- The right to present up to three witnesses, who may be members of either the Smith College community or of the student's immediate family, who have knowledge of the student's character;
- The right to have an adviser who is a member of either the Smith College community or the student's immediate family present for moral support during the student's testimony. The adviser may not participate in the proceedings. No legal representation is allowed.
- The right to be present throughout the hearing and to consult with her or his adviser during her or his testimony;
- The right to appeal the final decision of the judicial board.
- A student called before the judicial board has the following responsibilities:
- Upon formal notification by the judicial board of a complaint, a student shall submit to the board a written response to the complaint within 48 hours of such notification. Personal statements submitted to the board beyond the stated due date will not be accepted unless otherwise noted.
- The student called before the judicial board shall appear at the time the hearing is scheduled by the board.
The student is required to ensure that the chosen adviser and witnesses are available on the date the hearing is set.
SECTION 7. THE RIGHTS OF A PERSON FILING A COMPLAINT WITH THE JUDICIAL BOARD
A person who has filed a complaint and comes before the judicial board shall have the following rights:
- The right to review the statements of the student who is the subject of the alleged infraction;
- The right to present evidence supporting the complainent's version of the alleged complaint;
- The chair of the judicial board or hearing officer will notify the person filing the complaint of receipt of the complaint within 48 hours.
- The right to appeal a final decision of the judicial board.
SECTION 8. THE PROCEDURE OF THE JUDICIAL BOARD
- Proceedings
The definition of "proceedings" encompasses the investigation, hearing, deliberation, and if necessary, the appeal process. The definition of "written communication" and/or any mode of communication referred to hereon in this document shall be primarily through email correspondence, unless otherwise specified by the board. Exception to this would be notifications of hearing outcomes and appeals.
- Prior to the Hearing
- The judicial board shall provide written notification to the student or group of students who is the subject to the complaint, informing the student or students of the specifics of the complaint and that an investigation is being made. A hearing officer will be designated to oversee the communication between the board and the parties involved in the proceedings. Note that from here on in this document the “student who is the subject of the complaint” may also refer to groups of students who are the subjects of the complaint.
- The chair in consultation with the dean of the college's designee shall, based on the information gathered, decide if there is enough evidence to continue with the proceedings. If the complaint describes a violation under the Prohibited Conduct provision number 4 of the Student Code of Conduct, the chair will add the four (4) Smith community members, from the six (6) members appointed by the President, to the hearing panel and an investigation will be initiated.
- When and if the judicial board decides that its proceedings shall continue, the board shall request a typed statement responding to the complaint or alleged infraction from the student who is the subject of the complaint, which should be submitted to the hearing officer within 48 hours.
- The chair in consultation with dean of the college's designee will consider, based on the substance of information gathered and the statement of the student who is the subject of the complaint, whether a hearing is necessary. If either the board or the student who is the subject of the complaint determines a hearing is needed, one shall be called. The Board may also appoint a third party investigator to interview and gather further information and present findings to the Board.
- If a hearing is not necessary, the board shall provide written notification to the student who is the subject of the complaint. If a hearing is deemed necessary, the chair or the chosen designee, usually the hearing officer, shall schedule the hearing and notify all concerned persons of its time and place. Normally a hearing will be held within seven to ten days of the decision to hold a hearing.
- Hearings
- Hearings shall, in the ordinary course, be held in private including five members of the board, the administrative advisor, the student who is the subject of the complaint, the person filing the case, and all appropriate advisors and witnesses. The judicial board in consultation with the dean of the college's designee may permit designated members of the administration or the college community to observe proceedings.
- A record of all hearings shall be made by the judicial board by tape recording or by another method determined by the board.
- The chair shall summarize the complaint and inform the student who is the subject of the complaint of the specific nature of the complaint or alleged infraction.
- The student who is the subject of the complaint may be present throughout the hearing and may consult with the student's adviser during the testimony.
- The judicial board may hear and question each witness separately.
- The judicial board may call any witnesses whose testimony bears on the case.
- The judicial board insists on honest and forthright responses to its questions, and may recommend penalties, including suspension or dismissal, for any witness who is not truthful or who intentionally misleads the board. All students who testify before the board will be expected to attest to the truthfulness of their testimony.
- Participants of the hearing may ask the judicial board chair to direct questions to a witness on their behalf.
- The members of the board shall deliberate and reach a consensus on the decision of more likely or not to be responsible for each separate violation the student who is the subject of the complaint has been brought to the board for. Thus, the burden of proof is more likely than not to be responsible for committing a violation. If the student who is the subject of the complaint is found responsible for one or more violations, the board shall then reach a consensus on sanction(s) for the student. The administrative advisor is present solely to advise the board and ensure that procedure is followed.
- Upon the completion of hearings and deliberations, the judicial board shall make a written decision normally within 72 hours. The decision will be made available to the student who is the subject of the complaint, the dean of students, and other appropriate deans. The decision will remain in the judicial board's confidential files for five years and will be referred to if the student is brought before the board again.
- Proceedings of the judicial board shall take precedence over all non-academic activities and may, in extreme cases, need to take precedence over academic activities. Board members, students who are the subjects of a complaint, and all witnesses notified by the board shall appear at the times designated by the board and shall be excused from other obligations to participate in board proceedings.
- Members of the judicial board may be removed or disqualify themselves from sitting on a particular case for reasons of conflict of interest or otherwise.
- Formal rules of evidence or procedure shall not apply to hearings of the judicial board. The board may consider any testimony or evidence it deems helpful or relevant. The board's decisions are based on information brought before it at the hearing or in written statements that have been submitted to the board regarding the case.
- The chair shall make decisions regarding procedural questions arising during the hearing. Such determinations may be modified only by a majority vote of the present members of the judicial board.
- Post-Hearing Actions and Appeals
- The judicial board may take such actions as are necessary to enforce its decisions.
- Appeals of decisions of the judicial board shall be made in writing to the appeal board, c/o dean of the college, chair, within seven days of the date on the board's decision letter.
- An appeal board shall be composed of three members: the dean of the college or the chosen designee, chair; one student member of the cabinet appointed by the SGA president; and one member of the administration appointed by the dean of the college.
- The appeal board shall review the evidence presented to the judicial board, including the record of the hearing, and may take whatever additional steps it deems necessary to review the case according to the grounds for appeal as specified in Section 8, D6.
- If the appeal board determines that the judicial board's actions or decisions should be modified, it will, before making a decision, send its recommendations for modifications to the judicial board for its reconsideration. The appeal board will make its final decision following the action on reconsideration by the board.
- Appeals may be made only on the grounds of gross error in procedure, violation of the student's rights, new evidence, or extreme bias on the part of the judicial board. Appeals may not be filed solely based on disagreeing with the board's decision.
SECTION 9. CONFIDENTIALITY
- The judicial board maintains confidentiality in all cases and expects all those involved in a particular case to respect the obligation of confidentiality in order to maintain the integrity of the proceedings.
- If any participant in the proceedings chooses to make public the process, content, and/or the decision of the judicial board, the board reserves the right to respond. Any board member who is found in violation of confidentiality may be removed from the board by the chair and vice chair in consultation with the dean of the college’s designee.
SECTION 10. SANCTIONS
While it is not possible to provide a complete list of sanctions for every type of infraction, the following list indicates the scope of judicial authority for the College Judicial Board[s]:
- Warning: Notice orally or in writing that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
- Apology: Letters of apology to individuals, houses, and/or the entire Smith community designed to help the student reassess the effects of their actions. These letters will be kept as part of the student’s judicial board records and will not be made public.
- Fine and/or restitution: Fine, charge for damages.
- Loss of authority: Removal from appointed or elected office or position of authority.
- Removal from a college house: Permanent or temporary removal from a college house.
- Social Probation: A student is subject to a trial period to ascertain the student’s fitness for residing in a college house, holding office, using college facilities, etc.
- Loss of Privilege: Including but not limited to; eligibility for housing lottery, participation in parties where alcohol is served, school-sponsored excursion, participation in a junior year abroad program, and forfeiture of use of a college facility (e.g., Davis Center).
In addition, College Judicial Board does not suspend, dismiss, or expel, but can make a recommendation to the president to do so:
- Suspension: The rights and privileges of being a student at Smith College are suspended for a specified period of time. The individual may not participate in academic activities and is required to leave campus.
- Dismissal: The individual is no longer a student at Smith College and must leave the campus. The individual may apply for readmission but should not expect the application to be considered for one full semester after dismissal. The individual may be expected to provide evidence satisfactory to the college indicating readiness to resume her college career and fulfill standards of responsible conduct and citizenship.
- Permanent separation: The individual is no longer a student at Smith College and must leave the campus. The student is not eligible for readmission.
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