1. Judicial Procedures Review
Presented February 28, 2014
Judicial Procedures Review

2. Article I - Introduction
Orgs responsible for conduct of members
Ensures all cases of discipline handled fairly
Outlines USFC member chapter rights under the judicial process
Goals of procedures are:
Resolve conflicts
Improve public image
Promote higher standards of conduct

3. Article II – Jurisdiction
Preside over all USFC member orgs
Enforce USFC & university policies
May operate in parallel with other authorities
May be held accountable for individuals
Actions taken by other authorities can be taken into account in mitigating USFC judicial response

4. Article III – Judicial Director
Work alongside Greek Life Specialist
Investigate reports
Resolve complaints
Determine necessity of referral to board
Offer administrative sanctions
Serve as ex-officio, non-voting member of board
Available for consultation in appeal hearings
Conflict of interest

5. Article IV – USFC Secretary
Take minutes at board hearings
Minutes approved by:
Greek Life Specialist
Judicial Director
Judicial Board Chair
Parties Involved
Reviewed for accuracy

6. Article V – Greek Life Specialist
Responsibilities as pertaining to Judicial Procedures:
Inform chapters of relevant policies
Investigate complaints
Facilitate resolutions
Assist/advice Judicial Director
Advice all included parties
Approve arrangements meetings
Prepare written referral report
To attend hearings and appeals
See that records are maintained
Prepare university reports as needed
To refer individual chapter members as needed to the university
No meetings shall take place without the GL Specialist
Shall be present at executive session of deliberations but not for voting deliberations

7. Article VI – Judicial Board Chair
Responsibilities
Moderator at Judicial Board Hearings
Spokesperson of the Board
Write Judicial Board decisions
Approve Judicial Board minutes
Represent Judicial Board at appeal hearings
Vice Chair may represent if absent
J. Director may appoint if neither are available

8. Article VII – Judicial Board
Responsibilities
Conduct hearings for referred cases
Review all evidence
Question witnesses to determine facts
Impose sanctions if necessary

9. Article VIII – Appeals Board
Responsibilities
Conduct appeal proceedings
In event a chapter found guilty appeals
Shall hear the case and make recommendation to Judicial Director and Greek Life Specialist

10. Article IX – Election of J. Director
Elected during USFC elections
Installation shall be four weeks post elections
Must be undergraduate and active member
Active initiate of at least one full semester
Academic good standing
May not serve as chapter president, other USFC executive officer, or J. Board member
Greek Life Specialist, USFC President, and retiring J. Director shall interview candidates
If current is no longer eligible a new J. Director will be elected

11. Article X – Selection of J. Board
Consist of Chair, Vice Chair, one regular member for every other org
Undergraduates
Active members
Good academic standing
Initiated active member for one full semester
Delegates, USFC E-Board, and Chapter presidents are ineligible

12. Article XI – Compositions of Appeals Board
Consist of:
USFC President, Chapter Presidents
Minus conflicts of interest
Non-Voting Consultants:
Judicial Director
Greek Life Specialist

13. Article XII – Ethical Standards
Protect confidentiality
May divulge:
Charges pending, Board decision, and sanctions
May not discuss case prior to hearing
Uphold decisions of the Board
J. Director may refer Board Member to be dismissed
Needs majority Council vote

14. Article XIII – Investigations and Informal Judicial Conferences
Reports of Alleged Misconduct are referred to GL Specialist
Report of Alleged Misconduct located on Orgsync
Informal Judicial Conference
Presidents, private interviews
Referrals to university
72 hour notification
Reschedule, sanction, fine, referral to Board

15. Article XIV – Administrative Santions
In lieu of referral to Board
Only for minor infractions
Not Applicable
Intentional property damage > $1000
Bodily injury
Any offense which could result in suspension, dismissal, or expulsion from USFC
Sanction Letter
Return signed by date, waives right to hearing, does not admit guilt

16. Article XV – Referral to J. Board
10 days to send hearing notifications upon receiving report for referral
10 days – 72hrs -24hrs to conduct hearing upon sending of notifications
Written report submitted to the Board, presidents, and advisors with hearing notice
Reports over summer will be saved for first week of semester
Cases must be referred within 60 days excluding vacations
May be waived by majority vote of the Board

17. Article XVI – Hearing Process
Judicial actions require majority vote
Non-adversarial, informal, straightforward, and factually oriented
Innocent until proven guilty with “clear and convincing” evidence
All relative evidence adcceptable

18. Article XVI - Continued
The Agenda:
Pre-hearing discussion in executive session
Introductions
Clarification of Judicial Process
Explanation of charges
Evidence & witnesses against chapter
Evidence & witnesses on behalf of chapter
Concluding statements of spokespersons
Preliminary deliberations in executive session
Final deliberations in executive session (voting only)
Announcement of decision
Agenda may be modified at discretion of the Chair

19. Article XVI - Continued
Must be recognized by the Chair before questioning witnesses
Priority to Board members
Spokesperson of charged chapter may be present/examine all evidence
If spokesperson is not chapter president, the president may still attend as observer
Right to an advisor SOLELY to advise

20. Article XVI - Continued
Closed to everyone other than:
J. Director
GL Specialist
Chapter Presidents of chapters involved
Or their representatives
Advisors of chapters
Witnesses only present while presenting evidence
Board may sequester witnesses
Failure to appear

21. Article XVII - Witnesses
Board may require org members as witnesses
$25 no show fine
Judicial action
Non-Greek members may serve as witnesses
Falsified information

22. Article XVIII - Decisions
Clear and convincing
May have doubts
Substantial level of certainty
Majority vote
Numerical vote not announced
Only clarification not discussion
Chapter may appeal
Decision will be written and sent

23. Article XIX - Sanctions
Please review sanction options of the Board
May be one or multiple
“alternative sanctions”
Referred to university
On-Campus status
Appeals

24. Article XX – Judicial Records
All records kept on file for five years
Testimonies may be tape-recorded
Access to records limited to:
Greek Life Specialist
Judicial Director
Judicial Board
Appeals Board
Chapters Involved
Student Affairs

25. Article XXI – Appeal Process
Notice of Appeal due within 10 school days of written decision
Substantial new evidence
30 days from hearing
May be waived by Board majority vote
Issues on appeal shall be reviewed by:
Fairness of proceedings
Jurisdiction
Policy Interpretation
New Evidence
Sufficient Evidence
Reasonableness of Sanction

26. Article XXI - Continued
Appropriate response to each situation
Drawing of appeals board
10 Days of notice being filed
72 hour prior notice
Closed Session
Judicial Staff, chapter presidents involved and advisors
All previous articles still apply

27. Article XXI - continued
The Agenda:
Pre-hearing discussion in executive session
Introductions
Clarification of appeal process
Presentation of appeal argument by chapter
Statement from Board Chair or representative
Questions from Appeals Board
Concluding statement of chapter
Preliminary deliberations in executive session
Final deliberations (voting only with USFC Pres.)

28. Article XXI - Continued
Written recommendation from appeals board delivered 72 hours post-hearing to J. Director and GL Specialist
J. Director and GL Specialist will make final decision on recommendation and then send a written decision within five working days
May indicate numerical vote

29. Article XXII - Amendments
Amendments may be made at any time
Notice provided to chapters of changes one week prior
Majority decision by USFC meeting