Procedures for the University Judicial Board

Step 1: A charge for a violation may be placed against any student by any other student or by a member of the University community by giving written notice of the charge signed by the complainant to the Office of Student Affairs.

Step 2: The Office of Student Affairs shall give notice of the specific charge(s) against the student, in writing. The notice shall clearly indicate the offense with specific reference to the violated regulation and shall indicate the time and place of the initial meeting with the Director of Judicial Affairs. If the student/organization requests a hearing, a separate notice shall be presented to the accused at least five (5) days prior to the hearing. In extreme cases, the five-day notification period may be waived if deemed necessary by the Vice President for Student Affairs.

A student may waive their right to a hearing in writing. In such cases, the Director of Judicial Affairs will consider the evidence and make a sanction decision (See Administrative Sanction Hearing). If the student does not waive their right to a hearing and does not appear for such a hearing their case will be considered by the hearing body and a decision will be rendered in their absence.

Step 3: The Office of Student Affairs shall ensure that any student charged with violating University rules or regulations has, prior to appearing before the Judicial Board, been presented with a statement defining the composition and authority of the Judicial Board.

Step 4: The Judicial Board shall examine all relevant facts and circumstances presented at the hearing. A record of the hearing shall be kept to enable review and every reasonable attempt shall be made to keep the matter appropriately confidential. All hearings are tape recorded, however in the event of equipment failure a board member(s) will take notes to ensure accurate recording of the hearing. Fredonia will not be responsible for turning tape recorded records into written transcript form. Grounds for appeal will also not be considered due to equipment failure.

Step 5: At the hearing, the student shall have a full opportunity to explain the circumstances surrounding the incident and shall be able to present pertinent evidence and testimony of witnesses. In addition, the student shall have the opportunity to ask questions of any witnesses, respond to written statements submitted against them and to respond to questions. The Judicial Board shall also have the right to call witnesses and to review materials. The student shall have the right to be assisted by an advisor and or attorney of their choice. The advisor or attorney may not participate in the hearing.

Step 6: The student’s judicial history will be withheld from the board members until a finding of responsibility has been made. If a student is found responsible for violating University policy, judicial history will be shared with the board members prior to sanction deliberation.

Step 7: The Judicial Board shall notify the student in writing of its’ final decision.

Should the final decision of a Judicial Board involve Disciplinary Warning or Disciplinary Probation, the decision made by the Judicial Board shall be final unless a timely appeal has been made to the University President or their designee. The student shall have the right to appeal to the University President or their designee in writing within five (5) days from the mailing of such notification. An appeal will be considered if there is significant new information or material relevant to the case that was not presented during the hearing, or for a claimed violation of the student’s due process rights.

In cases involving suspension or expulsion/dismissal, the Judicial Board shall recommend such action to the President of the University or their designee. If the designee’s decision is appealed, the University President’s decision shall be final.