Philosophy:
Philosophy
of Hope College Greek Judicial Board
The
responsibility of holding organizations accountable for their actions has
been given to the Greek Judicial Board with the idea that self governance
would be the healthiest form of accountability. The Hope College Greek Judicial
Board offers students the opportunity to develop self-discipline and responsibility
in coordination with their peers. This Board allows students and Greek Organizations
to be aware of College policies and their impact on the campus and themselves.
The Board also allows students serving the opportunity to handle the responsibilities
of adjudicating violations campus policies.
The
Hope College Greek Judicial board approaches each organization in a positive
manner. It is the goal of the Board to instruct students on the responsibilities
involved with being a member of both the Hope and Holland communities. The
sanctions that follow a group being found in violation are not intended to
punish, but to educate. This allows the involved student an opportunity to
understand the consequences of their behavior, foster respect for the rights
of others, and encourages self-discipline. All members of the Greek Judicial
Board should strive to discover the educational significance of the Board's
actions.
Constitution:
PREAMBLE
The mission of Hope College is to offer with recognized excellence, academic
programs in liberal arts, in the setting of a residential, undergraduate,
coeducational college, and in the context of the historic Christian faith.
The rules and regulations at Hope are agreements among the members of the
College community. The Campus Life Board, composed of faculty, staff, and
students, has the responsibility for creating and changing the standards,
which govern campus behavior. Students at this college who are members
of Greek organizations are obligated to follow the same rules as all other
students. Furthermore, students who are members of Greek organizations
are subject to a unique set of guidelines that do not apply to the independent
student. These guidelines are consistent with what Greek organizations
hold as ideals and values of their organizations and the Greek community.
For this reason, it is necessary to establish the Greek Judicial Board
to serve the purpose of Greek organizations holding each other accountable
to these standards. This Greek Judicial Board was designed to be fair,
consistent, and allow for peer review of allegations of irresponsible behavior.
The
tenets of the Greek Judicial Board are as follows:
· To
consider the facts fully and carefully before resolving any case.
· To
speak candidly and honestly with each student.
· To
hold each organization to a high standard of behavior, both to protect the
campus community, and to promote student moral development.
· To
recognize the reality of human fallibility, as well as the stresses associated
with collegiate life, and to demonstrate compassion and understanding.
· To
support the mission of Hope College through the practices of the Greek Judicial
Board.
A.
BOARD MEMBERSHIP
1.
The membership of Greek Judicial Board will be obtained from the participants
of the Greek community and faculty appointments.
a.
Representation will be as follows: One delegate and alternate from each
organization, one Chair, one Vice-Chair and four faculty members.
b. The advisor to the Board will be designated by the Student Development
Office and will not have a voice in vote.
2.
Membership Selection
a.
Students must have an overall Grade Point Average (GPA) of 2.5or above.
b. Students must be free of any judicial probation during the time of application
and during the term of service.
c. Membership on the Board is for one academic year.
d. Students selected to serve on the Board must attend the training sessions
coordinated by the Board's advisor.
e. Every Greek organization must submit at least three potential candidates
for the Greek Judicial Board. Each candidate will complete the application
and interview process.
f. The interview process for selection to the Board will be coordinated
by the advisor to the Board and the Presidents of Interfraternity and Panhellenic
Councils.
g. Selection to the Board will be determined by the advisor considering
information collected during the interview process, letters of recommendation
and application.
h. Every effort will be made to have a representative and an alternate
from each Greek organization on the Greek Judicial Board. However, if there
are not enough qualified or interested members from one or more Greek organizations
then the board may not have representation from each group.
3.
Chair and Vice-Chair
a.
The Chair and Vice-Chair will be selected to serve in their respective
capacities by the advisor and the Presidents of the Interfraternity and
Panhellenic Councils from the pool of selected applicants.
b. The alternates of the Chair and Vice-Chair's organizations will replace
their position on the board.
4.
Faculty Membership
a.
Faculty members to the Board are selected through the Provost's Office.
b. Notification will be sent to Student Development about Faculty appointments
at the beginning of the academic year.
5.
Advisor
a.
The advisor to the Board will be appointed by the Greek Coordinator.
b. Concerns about the appointment of the advisor may be brought to the
Greek Coordinator by the Chair of the Board.
6.
Board Vacancies
a.
If a vacancy appears on the Board, the organization may present candidates
for membership.
b. Any vacancies that may occur on the Board will be filled through the
normal selection process as soon as possible.
c. If two representatives from a single organization are expelled from
the Greek Judicial Board, the Board by two-thirds (2/3) vote may deny representation
to that organization.
B.
Judicial Board Member Responsibilities
1.
Member Responsibilities
a.
Members are responsible for understanding Hope College and Greek policies
and procedures.
b. Members must attend all scheduled training sessions and meetings of
the Greek Judicial Board.
c. Each member must be willing to sign a form of confidentiality prior
to serving on the Board. If confidentiality is broken, the member will
be subject to dismissal and further judicial action.
d. Members must remove themselves from a hearing if they feel they cannot
work with the case in an unbiased manner. Members of organizations who
are involved in hearings will remove themselves from the hearing.
e. Members are responsible for reading all incident reports and supporting
documentation before hearing the case.
f. Members are responsible for establishing lines of questioning appropriate
to the case at hand in an attempt to best clarify the facts.
g. Members are responsible for listening to all parties involved with the
incident.
h. Members are responsible for understanding the educational purpose of
the Greek Judicial Board and to implement this purpose through all decisions.
i. Members are responsible for rendering decisions as to whether or not
a violation has occurred and to recommend appropriate sanctions for violations.
j. Members should regard the confidentiality of all judicial hearings.
Information should not be disclosed to any person, other than board members
or College employees designated as participants in the College conduct
system. This includes any deliberation or the votes of individual members.
k. Any member who is placed on probation, withheld suspension or suspension
status as a result of a violation of college policy must resign from his/her
Judicial Board position.
2.
Judicial Board Chair Responsibilities
a.
The Chair is primarily responsible for administering and overseeing the
hearing process.
b. He/she will start the hearings and oversee their orderly and fair progression.
c. The Chair is also an active member of the Board in that he/she may ask
questions and participate in the voting in the case of a tie.
d. He/she completes the required paperwork at the conclusion of each hearing.
e. The Chair is responsible for meeting with the advisor to review upcoming
hearings.
f. The Chair, supported by the advisor, is the primary person who speaks
directly to the alleged violator outside of the questioning process.
g. The Chair can relate relevant events of the proceedings at a later date
if necessary (i.e. appeal hearings).
h. The chair notes the existence of any prior violations after the Board
has made the current determination of violation.
3.
Vice-Chair Responsibilities
a.
The Vice-Chair will work closely with the Chair and advisor in keeping
accurate records of each hearings proceedings.
b. The Vice-Chair ensures that written notes are being taken during hearings.
c. The Vice-Chair will assume the role as Chair in the absence of the actual
Chair of the Board.
4.
Judicial Board Advisor Responsibilities
a.
The Advisor is responsible for the overall selection and training of
the Judicial Board members.
b. The Advisor is responsible for supervising the Chair in assuring that
due process and that the Board maintains fairness.
c. The Advisor serves as a College official at the proceedings to answer
any questions regarding policies and sanctions.
d. In the event of an unusual situation, the Advisor may assume control
of the situation by suspending the hearing for a brief time, suspend the
hearing until a later date and/or have the case be heard by an administrative
officer.
e. The Advisor can facilitate the Board in its decision making process
by remaining bias and relaying precedents in regards to sanctions. The
Advisor may not recommend sanctions.
5.
Terms for removal of Judicial Board Members
a.
A member of the Judicial Board is subject to dismissal for failure to
comply with any of the responsibilities outlined in "Judicial Board
Member Responsibilities."
b. All suspected violations of the responsibilities as listed must be submitted
in writing to the Advisor. All letters must be signed by the person bringing
forward the violation. The accused will have the opportunity to speak to
the allegations in a conference with the Greek Coordinator and Greek Judicial
Board Advisor.
c. If a person is dismissed, he/she will be informed verbally and by letter.
d. Furthermore, if a Board member is allegedly involved in a violation
of College policy, that member may not go before the Judicial Board. An
administrative hearing officer will resolve the member's case.
e. If two representatives from a single organization are expelled from
the Greek Judicial Board, the Board by two-thirds (2/3) vote may deny representation
to that organization.
B.
COMPLAINT PROCEDURE
There
are three categories of infractions: violations exclusively of Greek rules,
violations of both Greek and College rules, and violations of exclusively
college rules. Student violations are directed to the appropriate judicial
committee or board. Each individual case is evaluated on its own, and then
the option is selected.
1.
Any violations of exclusively Greek rules, as previously determined by
Greek Council, may be reported directly to the Chair or Vice-chair of the
Greek Judicial Board. In addition, the advisor may receive complaints from
members of the Hope College Community. The Chair of the Greek Judicial
Board, the Presidents of Interfraternity and Panhellenic Councils and the
Advisor to the Greek Judicial Board will review the alleged policy violations
and determine if the case will be heard by the Greek Judicial Board or
other judicial avenues at the College when appropriate. The Greek Judicial
Board will inform the Student Development Office of its actions.
2.
In cases where there is shared jurisdiction between the Greek Judicial
Board and the Student Judicial Board then the chairs of the respective
boards, with both advisors, will meet to discuss where the case should
be heard. If a decision cannot be reached, the group may consult with the
Vice President of Student Affairs and Dean of Students or agree that both
bodies should hear the case.
3.
Any violation exclusively involving College policy should be reported directly
to the Student Development Office. The Chair and Vice-Chair of Greek Judicial
Board will be notified; however, the case will remain in the Student Development
Office.
4.
During Rush and New Member Education, if a complaint is taken which violates
the Rush and New Member Education Guidelines, the Chair and/or Vice-Chair
and Advisor must be notified immediately. They will determine the severity
of the complaint and act accordingly.
a.
If the complaint is an emergency, the Chair and Vice-Chair will immediately
act to set a hearing. The hearing will be held as soon as possible, preferably
within seventy two hours of notification of the incident.
b. If the complaint is not an emergency, the Chair and Vice-Chair will
follow the same procedure as above, but the hearing will take place within
a week of notification of the incident.
c. If the Student Development Office feels the need for immediate, direct
intervention, they should attempt to notify the Chair or Vice-Chair prior
or soon after of the action taken.
5.
If the person filing a complaint wishes to remain anonymous, he or she
must submit a written document to the Advisor. His/her identity will be
known only to the Chair or Advisor. If the Chair feels as though relevant,
the relationship to the incident will be made known to the Greek Judicial
Board. If the Board feels it is necessary, the relationship of the accuser
to the incident shall be made known to the accused.
6.
If a complaint is made against the Chair and/or Vice-Chair's organizations,
another Board member or members will be randomly chosen to conduct the
hearing.
C. JUDICIAL PROCESS
1. The Greek Judicial board must have at least five members of the board
in order for a hearing to take place.
2. The hearing will follow the general outline below. The actual
format for the hearing can be found in the "Format for Conducting
a Judicial Board Hearing."
Judicial
Board Hearing Procedure Outline
All
hearings are closed and confidential. Hearings will follow this general outline.
INITIAL
JUDICIAL REVIEW (Accused, Chair and Advisor)
1.
The accused will meet with the Chair and Advisor to review their rights,
review the charges and outline the judicial process.
2. The organization is notified of the date, time and location for the hearing.
PRE-HEARING (Board
only)
1.
Read the charge letter, initial judicial review and incident report.
2. Check the sequence of events.
3. Identify any nebulous areas or possible discrepancies in the incident
report.
4. Establish major areas for questioning both the witnesses and the alleged
violator.
5. Check recording quality of tape recorder.
6. Any members who feel they are unable to hear the case based on the incident
report should excuse themselves at this time.
THE
HEARING
1.
Introduction of everyone present.
2. Philosophy of the Greek Judicial Board.
3. Check to see if the student(s) or organization understands her/his rights.
4. Review the Incident Report(s).
5. Review the charge(s) and plea(s).
6. The accused responds to the incident.
7. The Board asks questions of the accused.
8. The author(s) of the incident report responds to the incident.
9. The Board and accused asks questions of the person(s) filing the incident
report.
10. Witnesses may be brought forward.
11. The Board and accuser ask questions of the witnesses.
12. Any member of the Board may ask either party any questions.
13. After all questions have been asked the Chair ends the hearing, turns
off the tape recorder and excuses everyone except for Board members.
DELIBERATION (Board
only)
1.
Decide whether the information is clear and conflicts are resolved.
2. Call for more testimony if needed.
3. Make a decision based on the information you have (responsible or not
responsible).
4. Check for previous violations.
5. The organization may be called back in to make a statement regarding previous
violations.
6. Determine the appropriate sanction.
7. If the accused has been given proper notice and does not appear for the
hearing, collect all the facts and make a determination as to whether a violation
occurred and if so, the appropriate disciplinary sanction. During such a
hearing, assume the organization did not commit a violation until the witnesses
and/or documentation convince you otherwise. The burden of proof of misconduct
will be on College bringing the charges before the Board.
POST-HEARING
1.
The decision of the Board is communicated to the organization by letter
prepared and signed by the Chair. If found responsible, the letter will
also explain any sanctions and outline the appeal process.
2. All records and recorded tapes are to be kept in the Student Development
Office.
APPEAL
PROCESS
1.
The organization has the right to appeal the decision of the Greek Judicial
Board. There are two means of appeal for students; one is the Student Standing
and Appeals Committee and the second is the Dean of Students. Appeals to
the Student Standing and Appeals Committee are only for disciplinary decisions
or unsatisfactory academic progress that results in the suspension or expulsion
of a student or organization. All other decisions are appealed to the Dean
of Students. Both the Student Standing and Appeals Committee and the Dean
of Students will review appeals on three criteria:
a. The evidence did not warrant a finding of responsibility.
b. The sanction was too severe.
c. Due process was not followed.
2.
The organization is responsible for complying with the guidelines through
which to submit appeals. This process is outlined in the Hope College Handbook
of Selected College Policies.
