Fraternity and Sorority Judicial Council Manual

Transcription

1 Fraternity and Sorority Judicial Council Manual Training and Operations Fraternity and Sorority Life

2 Table of Contents Introduction Charge... 4 Peer Governance... 4 Responsibilities... 4 Ethics What is ethics?... 5 Why use ethics?... 5 Ethical Standards for FSJC... 6 Expectations... 7 Definitions... 8 Jurisdiction... 9 What is jurisdiction?... 9 Jurisdiction of FSJC... 9 Violations for FSJC Jurisdiction Appeals and Mediation Composition Eligibility Your Role How to Lose Your Job Rights and Due Process What is due process? Due Process Rights of the Accused

3 Rights of the Complainant Review and Referral Who can file a complaint? Reviewing a Case Notification Mediation What is mediation? Who attends mediation? Mediation Process Practice Mediation Pleas and their Meanings Plea Options Plea Meanings Hearing Procedure Standard of Evidence Pre-Hearing Hearing Procedure Order of Events Deliberation Sanctions Purpose of Sanctioning Sanction Philosophy Process Questions for Sanctioning Sanctions Completion of Sanctions Completion of Sanctions Mock Hearing Appendix B: Judicial Complaint Form Appendix C: Mediation Checklist Appendix D: Pre-Hearing Checklist Appendix E: Hearing Checklist

4 Appendix F: Board Notes (condensed) Appendix G: Case Adjudication Report (condensed)

5 Introduction Purpose Peer Governance FSJC Responsibilities Charge The charge of the California Polytechnic State University Fraternity and Sorority Judicial Council (FSJC) is to serve as the self-disciplining board of the fraternity and sorority community and to promote responsible behavior and appropriate standards of conduct. The FSJC is the highest student judicial authority in the fraternity and sorority community at Cal Poly. Decisions and sanctions of the FSJC are only appealable for procedural issues. Peer Governance The duty to serve others in an integral part of fraternity and sorority life is in order to make the campus and community a better place. Cal Poly recognizes the importance and benefit of peergovernance in the Fraternity and Sorority community. The community understands that peergovernance can only be sustained through leadership and accountability. For this reason, selected FSJC members are required to have a strong vision for the potential of the FSL community to live their ideals and the leadership ability to hold their peers accountable. Responsibilities The Fraternity and Sorority Judicial Council has four primary responsibilities: 1 To interpret the Constitution and Bylaws of the recognized fraternal governing councils, local Interfraternity Council, Panhellenic Council, and United Sorority and Fraternity Council policies and procedures, FIPG Risk Management Guidelines, and any other recognized governing documents by member organizations of the recognized fraternal governing councils 2 3 To preside over the hearings brought before the FSJC. 4 Mediate disputes between organizations To fairly and impartially adjudicate in the fraternity and sorority community in the event of violations and appeals from council judicial boards 4

6 Ethics Definition Purpose FSJC Ethical Standards What is ethics? Ethics is a system of moral principles and guide how people make decisions and lead their lives (BBC, 2013). Ethics answers questions about how to live a good life, individual s rights and responsibilities, and moral decisions. What does ethics mean to you? Why use ethics? Ethics can provide a moral map that helps us navigate and make difficult decisions. Ethics does not give right answers because there are always several right answers in ethical dilemmas. People do not like to live with moral ambiguity because it forces us to take responsibility for our own choices and actions (BBC, 2013). The Fraternity and Sorority Judicial Council will make difficult decisions and there will not be one right way to do so. It is important to use ethics to guide the actions of the Board in order to reach the best decisions for the organizations involved and the fraternity and sorority community. In addition, the justices are expected to model ethical and moral behavior for the community to set and maintain high standards of behavior. What are 3 ways you will practice good ethics?

7 Ethical Standards for FSJC All information associated with FSJC proceedings is confidential. Violation of the standard shall result in impeachment proceedings. The judicial record of any organization is not to be discussed, shown, or shared in any way with anyone outside the FSJC. Respect shall be shown to one another, as well as to the organization(s) involved in the complaint. No statements shall be made or questions asked that are not related to the case. Justices should attempt to gain necessary information without showing personal feelings, prejudice, or hostility. Decisions of a majority of the Council shall be supported by the entire Council. Justices should recuse themselves from proceedings if it is believed that they may be partial in the case or unable to render a fair decision. Justices should be conscious of their status as representatives of the University and fraternity and sorority community and should avoid involvement in situations which may lessen the perceived credibility or objectivity of the FSJC. I,, agree to abide by the ethical standards of the Fraternity and Sorority Judicial Council. Signed Date Works Cited BBC. (2013). Ethics: A general introduction. Retrieved from intro_1.shtml 6

8 Expectations Perform all duties as outlined in the FSJC Operating Guidelines. Attend all hearings in which you are scheduled. When absent, notify the Chief Justice at least 48 hours in advance. Be respectful and open-minded when listening to the ideas, opinions, and statements made by other council members. Offer your own opinions freely and in a constructive manner. Listen objectively to all students appearing before the council. Listen to all evidence before making a decision. Do not allow personal relationships with individuals involved in hearings to cloud your final decisions. Be fair and consistent in your decision making. Be timely in your decision making. Perform as a role model, at all times, within the campus community. Justices will dress in badge/pin or business casual attire when participating in a hearing. Justices will refrain from consuming alcohol in the 24 hours before a scheduled hearing. High expectations are the key to everything. Sam Walton 7

9 Definitions Accused the organization that is being charged Advisor 1. Non-undergraduate who may advise the organization in the judicial process by their request; 2. Official chapter advisor on record with the University (for notification purposes) Associate Justice members who will serve on the judicial councils Business Days Monday through Friday during the fall, winter, and spring quarters when classes meet (i.e. university holidays are excluded) Case Secretary a position filled on a rotating basis per case from the associate justices that assists the Chief Justice during a case and keep record of mediations and hearings Chief Justices the three members of the FSJC (IFC Vice President of Judicial Affairs, PHA Vice President of Judicial Affairs and Risk Management, and USFC Vice President) that will oversee all meetings and proceedings of the council, preside over hearings, and perform mediations Complainant the organization/individual that is bringing charges against another organization Ex-officio Participate with FSJC by right of office and based on FSJC rules does not have voting rights FSJC Fraternity and Sorority Judicial Council FSJC Advisor an FSL staff member assigned to advise the judicial council FSL Fraternity and Sorority Life Governing council any organization that governs recognized fraternity and sorority chapters (USFC, IFC, PHA) USFC United Sorority and Fraternity Council PHA Panhellenic Association Preponderance of Evidence - The council needs to be 51% more likely than not that the organization violated policy in order to find them responsible University California Polytechnic State University, Cal Poly 8

10 Jurisdiction Definition FSJC jurisdiction Example of violations Appeals and mediation How to determine jurisdiction What is jurisdiction? Jurisdiction is the limits or territory within which authority may be exercised. The term is often used in relation to a body that administers justice within a defined area of responsibility. Jurisdiction of FSJC The FSJC has the power to adjudicate violations involving the governing councils and all recognized fraternity and sorority organizations. The FSJC may only charge organizations and does not have the power to charge individuals. A charge from the FSJC does not limit investigations and possible sanctioning from university entities. Panhellenic Association Alpha Chi Omega Alpha Epsilon Phi Alpha Omicron Pi Alpha Phi Chi Omega Gamma Phi Beta Kappa Alpha Theta Kappa Kappa Gamma Sigma Kappa Interfraternity Council Alpha Epsilon Pi Alpha Gamma Rho Beta Theta Pi Delta Chi Delta Sigma Phi Delta Tau Delta Delta Upsilon Kappa Sigma Nu Alpha Kappa Lambda Chi Alpha Phi Kappa Psi Phi Sigma Kappa Pi Kappa Alpha Sigma Nu Sigma Pi Tau Kappa Epsilon Theta Chi Zeta Beta Tau United Sorority and Fraternity Council alpha Kappa Delta Phi Chi Delta Theta Gamma Zeta Alpha Lambda Phi Epsilon Lambda Sigma Gamma Lambda Theta Alpha Lambda Theta Phi Omega Xi Delta Sigma Omega Nu 9

11 Violations for FSJC Jurisdiction Any accused party may be charged before the FSJC for any of the following violations: Violation Conduct that endangers member(s) or guest(s) Any instance where the complainant and accused belong to different governing councils Failure to comply with FSJC sanctions and/or similar repeated violations in a 12-month period Any action that has been referred to the FSJC by the Coordinator of Fraternity and Sorority Life or designee Violations of the councils constitutions, bylaws, recruitment regulations and policies, Fraternity and Sorority Life regulations and policies, FIPG Risk Management Policy, and any other policies Note: The FSJC reserves the right to refer these cases to the appropriate university official Example Underage consumption of alcohol Alpha Delta Pi brings complaint against Alpha Kappa Lambda Organization does not complete service hours as sanctioned by FSJC OR Organization has multiple complaints of inappropriate communication reported to the FSJC Community member brings complaint against an organization through FSL. Organization does not correctly register an event with Fraternity and Sorority Life Office. Appeals and Mediation Any appeal of a council judicial board decision may be brought before the FSJC if permitted by that council s governing documents. The FSJC will mediate disputes between fraternal organizations and/or councils and reserves the power to decide in the event of failed mediation. How to...determine Jurisdiction 1. Did the situation endanger an individual s safety, health (physical or emotional), or freedom? 2. Do the complainant and accused fall under the same governing council? 3. Has the accused organization recently appeared before the FSJC or council judicial board for a similar violation? 4. Did the complaint come directly from FSL? 5. Does the incident affect the greater fraternity and sorority community or a smaller group within a council community? 10

12 Composition Eligibility Job descriptions Removal Eligibility To be and remain eligible to serve as an associate justice, you must: Be affiliated for at least 3 quarters Maintain a 2.5 quarter GPA Be and remain in good standing with their chapter and the University Not concurrently serve as an officer on a governing council or chapter president You cannot serve in an associate justice position two years consecutively. You can only serve again if not enough applications are received to fill the positions. Each council is responsible for filling its four justice positions. Your Role Chief Justice Preside at meetings of the FSJC on a rotating basis; Preside at hearings relating to council related incidents; Review all cases with the FSJC Advisor prior to the hearing to ascertain jurisdiction and validity; Assign associate justices to the review committee; Perform all necessary communication and preparation of materials and procedures related to the case throughout the process; Announce final ruling; Keep confidential all matters relating to judicial proceedings; Maintain impartiality and objectivity during judicial proceedings; Educate all members of the FSJC according to the Constitution and Bylaws; Vote in the event of a split decision. Associate Justice Hear and decide all cases brought before the FSJC Each associate justice will have one vote Serve on review committees as assigned Keep confidential all matters relating to judicial proceedings Maintain impartiality and objectivity during judicial proceedings Participate in justice and FSJC training Perform any other tasks as agreed by the FSJC to enhance its performance as the judicial council of Cal Poly Fraternity and Sorority Life Case Secretary Be appointed per case on a rotating basis from the Associate Justices by FSL Assist the Chief Justice with preparation for the pre-hearing and hearing Write the mediation agreement or list of the issues in mediation meeting Keep minutes of the hearing 11

13 How to Lose Your Job Any Panhellenic, Interfraternity, or USFC officer, chapter president, or FSJC justice may initiate impeachment of an associate justice, which will follow the traditional hearing process. Any associate justice may be removed from office for any of the following reasons: Nonperformance of duties. Unexcused absences from more than one FSJC meeting or hearing. Failure to maintain a 2.5 quarter GPA. Failure to maintain good standing with their organization and/or the University. Failure to remain neutral. Failure to remain confidential Impeachment proceedings. N otes 12

14 Rights and Due Process Definition Due process in FSJC Rights of the accused and complainant What is due process? A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property; a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious. (Due process of the law, West's Encyclopedia of American Law, 2008) What does this mean for the FSJC? This means that all parties involved in an FSJC hearing or mediation have the right to a fair process free of bias with the guarantee to present their case before the board. It also means that all parties will receive proper notification throughout the process and the FSJC will not make decisions arbitrarily or choose outrageously unreasonable sanctions. Due Process Fun Fact Each organization has the right to due process. Involved parties have the right to choose up to two representatives to present their case. Involved parties have the right to an organization advisor to advise them during the process. (NOTE: The advisor may not directly address the hearing body, question witnesses, or actively participate in the hearing process. Attorneys serving in an advisory capacity may not otherwise participate in the conference or hearing in a representational or advocacy role). ( If more than one organization is named in the complaint, they will be addressed through separate hearings under the jurisdiction of the appropriate Chief Justice. Past offenses are not considered when determining responsibility. Past offenses will be considered when deliberating sanctions and the sanction files will be consulted. The sanction files will be confidential and only used for the sanctions. All files will be kept securely in Fraternity and Sorority Life. The IFC Vice President of Judicial Affairs, the PHA Vice President of Judicial Affairs and Risk Management, and the USFC Vice President External will not serve as the Chief Justice in cases involving their chapter. 13

15 What rights would you want as the accused? As the complainant? Rights of the Accused The right to be notified of the charges against them, in writing, within 24 hours of the case being reviewed. The right to enter a plea of their choosing without undue pressure or coercion. The right to know the identity of the reporting party (unless there is evidence that doing so would endanger the complainant/reporter). The right to make a one-time request to reschedule the hearing date with reason. The request must occur at least 48 hours before the scheduled hearing. The Chief Justice will decide whether or not to grant the request. The right to be notified of the decision of the FSJC in writing (electronic or paper) within two business days after the hearing. The right to witnesses to support their case during a hearing. The right to not witness against themselves. The right to challenge the presence and service of a justice on the hearing board for their case. The accused do not have the right to be present during deliberation. Rights of the Complainant The right to request in writing the complainant and accused are heard separately by the FSJC for safety purposes. The request will be decided by the Chief Justice and FSL representative. The right to make a one-time request to reschedule the hearing date with reason. The request must occur at least 48 hours before the scheduled hearing. The Chief Justice will decide whether or not to grant the request. The right to witnesses to support their case during a hearing. The right to challenge a justice from serving on the hearing board for their case. The complainant does not have the right to be present during deliberation. Works Cited Due process of law. In (2008). West's Encyclopedia of American Law (2nd ed.). The Gale Group, Inc. Retrieved from Process of Law 14

16 Review and Referral Filing a complaint Review committee How to refer a case Notification Who can file a complaint? A complaint may be filed against a fraternity or sorority organization or governing council by a council president or equivalent, council judicial officer or equivalent, chapter presidents, or Fraternity and Sorority Life. The Fraternity and Sorority Life office has the ability to file complaints on behalf of faculty, staff, students, and community members. A complaint is filed by completing a Judicial Complaint Form and submitting it to FSL. The form must be completed within 10 business days of knowledge of the incident. Appeals are filed by filling out the Basis of Appeal Form and submitting it to FSL within 5 business days of receiving the written notification of the council s decision. Timeline A statute of limitations is a practice that sets the maximum time after an event that judicial proceedings based on the event may be initiated. The statute of limitations for incidents is 10 business days from knowledge of a potential policy violation occurring. If the event occurs outside of the constraints of the academic term, the statute of limitations is 10 business days into the next academic term (excluding summer terms). There will be instances in which a case could take longer than the prescribed timeline. Written notification will be sent to the chapter president with an updated timeline and reason for the delay. For instance: The FSJC is expecting a report from UPD regarding a current case. Due to the complexity of the situation, information gathering is taking longer than expected. Reviewing a Case Step 1: Form the Review Committee FSL will assign the review committee. The review committee will consist of the Chief Justice, Case Secretary, and one additional associate justice. The Chief Justice must be from the council that the accused organization belongs to. The associate justices must not be members of the organizations involved in the complaint. Step 2: Review the Complaint or Appeal The committee members will individually review the complaint and complete the referral section on the Judicial Complaint Form. A two-thirds agreement will refer a case. If there is no clear decision the committee will meet to discuss. 15

17 How to...refer a Case 1. Is the complaint valid and is there enough evidence of an infraction occurring? Yes Move to Step 2 No Dismiss the complaint 2. Can the case be referred? Complaints from FSL and cases involving multiple councils cannot be referred away from the FSJC. Complaints submitted directly to the FSJC that involve major violations must be referred to the appropriate university official. 3. Does the FSJC have jurisdiction in the case? Yes Move to Step 4 No Refer to the appropriate University official 4. Does the complainant request mediation and/or could this complaint be resolved in mediation? Yes Refer to mediation No Move to Step 5 5. Is the complaint sensitive or serious enough that you feel it is too difficult for the FSJC to decide? Yes Refer to the university No Refer to hearing Step 3: Select a date and assign remaining justices If proceeding with a mediation or hearing, the Chief Justice will need to select the date, time, and location of the mediation and hearing. If moving to a hearing, the Chief Justice will also select the remaining 4 justices to serve on the hearing board and 2 alternate justices. The case secretary and associate justice on the Review Committee will serve. Good to Know A hearing or mediation should occur within 7 business days of the time of original report to Fraternity and Sorority Life. It s a quick process! Step 4: Notification It is the responsibility of the Chief Justice to notify all parties of the next step in the judicial process immediately following the Review Committee s decision. Who should be notified? Complainant and accused organizations, accused s national office, FSL, accused s governing council president, and accused s advisor. 16

18 Notification Every notification letter should contain the following: Hearing/mediation time and date A list of plea options and their meanings Charges Who brought the charges Identities of the complainant (when appropriate) and accused parties Rights of the accused or complainant Right to schedule a pre-hearing meeting with FSJC advisor and Chief Justice Judicial procedures Here is an example notification letter: September 23, 2014 ORGANIZATION NAME Attn: PRESIDENT NAME, President ADDRESS CITY, STATE ZIP Sent via to STUDENT ADDRESS RE: Hearing Notification Dear PRESIDENT NAME, Based upon the complaint filed with Fraternity and Sorority Life by REFERRING PARTY, your organization is charged with violations of the NAME OF DOCUMENT VIOLATED. The sections of the DOCUMENT relevant to this incident(s) are: POLICY NAME (Insert Text of Code) Regulations (Insert List of Regulations Violated) PLEA OPTIONS (Responsible, not responsible, no contest) It has been determined that these charges will be heard before members of the Fraternity and Sorority Judicial Council. You reserve the right to request rescheduling of this hearing one time if needed. Your request to reschedule will be approved or denied by the Chief Justice assigned to your case. Postponements are not normally granted, and will be considered only when compliance would result in significant and unavoidable hardship for the respondent. If you need to reschedule the hearing, please contact CHIEF JUSTICE . The details of the hearing are as follows: DATE, TIME, LOCATION You have been provided with a copy of the specific allegations against you, the rights of the accused, and hearing procedures. You are afforded an opportunity to discuss them and review the evidence in a preliminary meeting with an FSL representative and Chief Justice. You are welcome to bring your campus and/or chapter advisor to this meeting, though it is not required. You may, also, bring up to one additional officer should you choose. You must schedule this meeting for a date and time occurring before DATE. Please SOMEONE to schedule your appointment. It may help to become familiar with the judicial procedure of Fraternity and Sorority Life. If you have any questions or concerns regarding the student conduct system or your case, please feel free to contact our office. Sincerely, CHIEF JUSTICE NAME Chief Justice of the Fraternity and Sorority Judicial Council 17

19 Mediation Definition Involvement Process Practice What is mediation? Mediation is an attempt to settle a dispute between two or more organizations. The process involves an equal sharing of issues by all parties and discussion to determine acceptable solutions and compromises for everyone involved. The goal of mediation is to resolve issues without a formal hearing and help all involved organizations move forward positively from the conflict. Who attends mediation? The mediator will be Chief Justice assigned to the case and the Case Secretary will complete the Record of Mediation during the process. The FSJC Advisor or FSL representative is allowed to attend all mediation. Each organization may only have 1-2 representatives in attendance at the mediation. The representatives should be decision makers in the chapter i.e. presidents or vice presidents. Each party must be represented equally. One advisor is allowed per organization. The advisor may only provide advice to their organization not participate in the mediation conversation. No observers are allowed. Mediation Process Step 1: State the rules Begin by stating the ground rules for behavior for all parties involved and get verbal confirmation of their understanding. Rules are, but not limited to: Participants may only address the Chief Justice, not each other Advisors may not participate in the mediation All questions must wait until after each side has presented their information Mediation Tip #1 The mediator should not seem to be partial to one party or appear to have preconceived ideas about the case. 18

20 Step 2: Airing of grievances The complainant will begin by sharing their version of the incident, grievances, and relevant information uninterrupted. Then the accused will share their version, grievances, and information uninterrupted. It is important the Chief Justice remains in control of the conversation. Step 3: Questions Each party is allowed to ask questions of the other following the airing of grievances. The Chief Justice will moderate the questions. Step 4: Exploration of solutions This is the most important part of mediation. Parties will work with the Chief Justice to brainstorm possible solutions, outcomes, and next steps that will resolve the issue(s) and are agreeable to all parties involved. Mediation Tip #2 Mediators should use a technique known as active listening. This involves focusing on the person communicating, working to understand the speaker, being aware of non-verbal cues, encouraging sharing without judgment, actively respond with questions and summarization. Step 5: Completion of the Record of Mediation The Record of Mediation will either contain the agreements between the parties involved or the list of grievances to be used in a formal hearing. The document will be prepared by the Case Secretary and must be signed by representatives from the involved parties. Copies will be provided to all parties within 2 business days of the mediation. If the mediation results in unanimous agreement, the agreement is the final decision and result of the complaint and the process is over. If not, the process moves into pre-judicial hearing procedures, a new Case Secretary is assigned for the hearing, and the hearing must occur within 3 business days of the mediation. The mediation process is also presented in a checklist format in Appendix C. 19

21 Practice Mediation Split into small groups (of at least 3 people) and work through the following scenarios. One person should represent each organization and there should be one chief justice/case secretary. Scenario #1 It is mid-november and Alpha Beta Chi, a member of Panhellenic, and Zeta Upsilon Zeta, a USFC organization worked together all quarter to plan a program for the beginning of November. Zeta Upsilon Zeta believes the original agreement was that the costs of the program were to be split between the organizations 50-50%. Alpha Beta Chi believes the agreement was that ABX would provide more volunteers and only be responsible for 25% of the cost of the program. Now that the event has happened, ABX is refusing to pay more than the 25% and balances are due to vendors. There is a fear that if the bills are not paid soon, the vendors might resort to collection agencies. Both organizations have agreed to mediation. Scenario #2 Recently Delta Nu Sorority and Eta Chi Omega Fraternity had a social event together in order to build relationships between the two organizations. Following the event, the women of Delta Nu feel they were sexually harassed and disrespected by the men of HXO. The relationship between the two groups is now strained and DN swears they will never work or socialize with HXO again and are demanding an apology. HXO feels they did nothing wrong and do not understand why DN is upset. The groups were referred to mediation by the review committee. 20

22 Pleas and their Meanings Plea Options Plea Meanings Hearing procedures Plea Options Once chapters have been notified of the charges against them, there are 3 plea options they can enter; Responsible, Not Responsible, and No Contest. No Plea Necessary, or Failure to Comply, is a plea submitted on behalf of the chapter by the FSJC. A chapter s decision to enter a plea can occur before a hearing or at the designated hearing time. No matter the plea submitted, the sanctioning decision making process should not be affected. No Plea Necessary can be entered for a chapter only after the FSJC has made a good faith effort to notify the chapter of the charges against them and their responsibilities. Plea Meanings Responsible By entering a plea of responsible, the chapter is agreeing with all evidence/facts presented by the FSJC. Not Responsible - By entering a plea of not responsible, the chapter is disagreeing with all of the evidence/facts presented by the FSJC. No Contest - By entering a plea of no contest, the chapter is not denying some of the evident/facts presented by the FSJC, but are asking for the opportunity to present their side of the incident or rebut some of the charges. No Plea Necessary - In this case, the charges are "Failure to Comply." This could refer to a chapter s failure to comply with the judicial process i.e. refusing to acknowledge a notification letter. It could also refer to a chapter s failure to fulfill sanctions that were passed down in an earlier judicial board case once the chapter had been found guilty. Since the chapter has provided no defense, or the sanctions were not completed, there is no argument and consequently chapter is found guilty of failure to comply. Hearing Procedure The hearing is a formal event that must be taken seriously by all involved. It is very important that all procedures are followed in a hearing to avoid appeal on basis of procedural issues. Responsible Plea o President schedules pre-hearing meeting and comes with suggested sanctions from the chapter o President, chief justice, and FSJC Advisor agree on what sanctions should be and sanctions are given Not Responsible Plea o Formal judicial board hearing o Witnesses called o Chapter can have an advisor present, but advisor cannot address the board o Preponderance of the evidence standard 21

23 No Contest Plea o Formal judicial board hearing o Chapter can state it s case and answer questions from justices o Chapter can have an advisor present, but advisor cannot address the board No Plea Necessary o Informal judicial board hearing o Failure to comply is considered in the sanctioning or appeal process Good to Know If the accused fails to appear for the hearing, it will continue without them and no defense will be presented. If the complainant does not appear, their lack of attendance could be considered during deliberation. 22

24 Judicial Procedure Standard of evidence Pre-hearing procedures Hearing procedures Order of events Deliberation Standard of Evidence Standard of evidence refers to the level of proof a party must present during proceedings to prove its allegations. The standard of evidence used to determine responsibility in the FSJC system is a preponderance of evidence (more likely than not). This determination will be made by the justices in the hearing process. Pre-Hearing The first step in pre-hearing procedures is notification. All parties must be notified 3 business days prior to the hearing. The notification should include: the charges, plea options and their meanings, the time and place of the hearing, the rights of the accused or complainant, the option for a pre-hearing meeting to review evidence, and how to reschedule a hearing. The pre-hearing meeting is an opportunity for the accused to meet with the FSJC advisor and Chief Justice of the case to inspect and review any evidence submitted. A pre-hearing checklist is available in Appendix D. Hearing Procedure The hearing is a formal event that must be taken seriously by all involved. It is very important that all procedures are followed in a hearing to avoid appeal on basis of procedural issues. The following procedures must be adhered to: Justices whose interests might interfere with the hearing must recuse themselves. All hearings are closed meetings. Attendance is limited to representatives of the parties involved, organization advisors, the FSJC and FSJC Advisor. The complainant and accused can have only 2 representatives to present their case. Each organization is allowed 1 advisor to give guidance. Organization advisors are not permitted to make any statements to the FSJC. Witnesses are permitted for both sides. The Case Secretary will complete a written record of the hearing and the hearing will be audio recorded. The Chief Justice can call a recess at any time during proceedings. A chapter representative may request a recess, to be approved at the Chief Justice or FSJC Advisor discretion. FSL has the right to halt all proceedings if an FSL representative determines the proceedings to be detrimental to an individual s well-being, health, or safety. 23

25 Order of Events The order of events for a hearing is a formula that must be followed every time. For a detailed order of events, refer to the FSJC Operating Guidelines. In addition, the order of events is provided in a checklist format in Appendix E. Call to order and all but the relevant individuals must leave the room. Witnesses will wait 1 outside of the hearing room. 2 Introductions and review of expectation of confidentiality. 3 Challenging of present justices by the accused and/or complainant. Each party is allowed to challenge 1 justice each if desired. 4 Inform all present that providing false information will result in additional judicial action. 5 Reading of formal charges and response of accused. 6 Complainant presents case against the accused and submits any additional evidence. 7 Accused pleads their case and submits any additional evidence. Fun Fact If the accused admits to full responsibility for all charges, the justices reserve the right to skip all witness testimony. Call for witness testimony from the complainant. See FSJC Operating Guidelines for 8 detailed witness procedures. 9 Call for witness testimony from the accused. 10 The accused is invited to question the complainant and vice versa. All questions will be addressed to and mediated by the Chief Justice. 11 Closing summary statements are heard from both parties. 12 FSJC may ask any additional questions to either party. 13 The hearing will be dismissed by the Chief Justice and the FSJC will enter deliberation. Fun Fact The accused organization may choose to wait outside of the room for the final decision. Everyone else must leave. Questioning Questioning is the most important aspect of the hearing process. The better questions you ask, the more useful information you can obtain from all participants. Here are some tips to remember when you are asking questions: Open-ended Questions Open-ended questions (Who? What? How?) rather than closed-ended questions (Did you? Were you?) allow respondents to answer with possibly more information than requested and avoid yes/no responses. 24

26 Example Closed-ended: Were you angry when you broke the window? Open-ended: What were you thinking/feeling when you broke the window? Multiple Choice Questions Avoid asking multiple choice questions because you end up only providing answers you deem appropriate rather than allowing for any possible response. This type of question often provides the respondent with the answer the justices wish to hear. Example What were your feelings when the window was broken? Were you angry, elated, frustrated, or just letting off steam? This was right around exam time. Embrace Silence Don t worry if a person does not respond to a question immediately. Allow the person ample time to think of their response without pressure. Do not assume they do not understand question and avoid filling the silence with unnecessary explanation. Sample Questions What effect did your actions or behavior have on others? On the community? On yourself? What other options were there for you in this situation? How would you feel if you were on the other side of your actions? What would be the consequences to the community if everyone engaged in comparable behavior? Please describe the decisions that led to the actions/behaviors. Explain what you hoped to accomplish through your actions. Who was involved in the incident? Deliberation Deliberation is the time where the board reviews the evidence and information gained in the hearing to determine responsibility. It is confidential and comments are not to be reported outside of the room with the exception of the official written decision. Only the Chief Justice, assigned associate justices, and FSJC advisor or FSL designee are permitted in the room for deliberation. FSJC shall decide if there is sufficient information to support the allegations based on the preponderance of evidence. If the FSJC finds there is sufficient information to support the allegations, the decision will be Responsible. If the FSJC finds there is not sufficient information to support the allegations, the decision will be Not Responsible. 25

27 It is very important that past offenses are not to be considered during deliberation. The decision will be made by simple majority vote of the associate justices and the Chief Justice will only cast a vote in the event of split vote. Deliberation will occur as follows: 1 The justices will review the alleged violations with the evidence presented. 2 Past offenses may not be considered during deliberation. 3 The Chief Justice will take a vote from the associate justices regarding decision. 4 Decision will be made by simple majority vote of the associate justices. If the accused is found responsible, the FSJC will move directly into sanctioning. N otes 26

28 Sanctions Purpose of sanctioning Sanction philosophy Process Questions for Sanctioning Sanctions Completion of sanctions Works Cited Purpose of Sanctioning The sanctioning process has four elements deterrence, education and development, assistance, and punishment (Saunders & Bente, 2013). The sanctions should be serious enough to deter the organization from engaging in the behavior again while educating about the consequences of behavior, both personal and for others. Sanction Philosophy The FSJC is designed to be educational and restorative to the community. Therefore, sanctions are designed to educate organizations and prevent repeated violations. The FSJC does not always have to choose educational sanctions and may impose non-educational sanctions appropriate to the violations. All sanctions should be levied consistently and should be related to the violation if possible. They should also attempt to return to the fraternity and sorority community what was lost as a result of the violation. Sanctioning results may be reported to: Accused organization Accused organization s national office University (FSL) Accused organization s governing council president Accused organization s faculty advisor and chapter advisor Good to Know Restorative justice emphasizes repairing the harm caused by breaking rules, policies, and laws. When victims, offenders, and community members meet to decide how to repair the harm, the results can be transformational (Centre for Justice and Reconciliation, 2013). Process Sanctions will be decided by simple majority vote and FSL will keep record of all sanctions. Fraternity and Sorority Life reserves the right to share the nature of sanctions with the Cal Poly Fraternity and Sorority community if deemed necessary. There are five factors to be considered during sanctioning: 27

29 1 Nature of the violation 2 Level of cooperation of the accused organization 3 Impact of violations on the fraternal, university, and surrounding communities 4 Educational and developmental impact of sanctions 5 Past offenses Questions for Sanctioning It is helpful to consider the following questions when determining appropriate sanctions in order to consider the development of the individuals in the organization involved. What was the intent and motivation? Were they aware of possible consequences? What were the actual consequences of the behavior? Potential consequences? What is the attitude of the organization? What significant or mitigating factors would warrant a more severe or lesser penalty? What action by the board would help the organization learn and grow from this experience? Is the sanction in anyway demeaning? If yes, it is not an appropriate sanction. Sanctions There are three categories of sanctions based on the level of offense. Justices reserve the right to use sanctions from any category and mix sanctions from different categories. The categories are to be used as guidelines. Minor: appropriate for minor violations and first time offenses Intermediate: appropriate for more serious violations and second offenses Major: appropriate for serious violations and third or more offenses Prohibited: Prohibited sanctions are revoking recruitment privileges and removal of chapter or charter Did You Know If an organization is found responsible for a repeat offense, they must be sanctioned at the intermediate or major levels. Minor Intermediate A. Letter of reprimand B. Community service (up to 5 additional hours per individual member) C. Educational program D. Letter of apology E. Restitution or reimbursement F. Other sanctions may be considered if necessary A. Campus or community service (up to 10 additional hours per individual member) B. Restitution or reimbursement C. Suspension or probation from participation in or holding social events on or 28

30 Major off campus D. Suspension or probation from participation in sporting events (including intramurals) E. Public apology F. Educational programs (multiple) G. Other sanctions may be considered if necessary A. Campus or community service (up to 15 additional hours per individual member) B. Educational programs (multiple) C. Fine not to exceed $1,000 D. Public apology E. Suspension from: a. Having or participating in social events on or off campus b. Participation in council sporting events, including participation in intramurals c. Possible suspension or loss of recognition from a chapter s governing council d. Co-ed programming F. Recommendation of removal of organization recognition from Cal Poly and governing council G. Recommendation of a membership review to the national organization H. Referral to university to hear the case (if it hasn t yet been initiated by the university) I. Other sanctions may be considered if necessary Feeling Bad It is completely normal to feel empathetic to an accused s situation it is part of being human and being a caring individual. You may have, in fact, been in a similar situation at some point. It is important to remember you have a responsibility to the fraternity and sorority and campus communities. Remember it is important to separate empathy from the facts of the case and the standard sanctions for behavior. Oftentimes, your decision will not be popular in the short term, but will truly help improve the organization and community in the long run. (Saunders & Bente, 2013). Completion of Sanctions The Chief Justices will work with FSL to ensure sanctions are completed. If sanctions are not fulfilled, the matter will be referred back to the FSJC for further judicial action. The FSJC then reserves the right to re-evaluate the sanctions or refer the matter to a university entity for disciplinary action. Completion of Sanctions Centre for Justice and Reconciliation. (2013). Restorative justice online. Retrieved from Saunders, T.M. & Bente, C.M. (2013). Hazing adjudication guide for colleges and universities. (1 ed., pp ). College Park, MD. 29

31 Mock Hearing Situation Assignments Hearing Notification Witness Notification The Hearing Decision Notification Situation Accused Organization: Alpha Beta Gamma Fraternity Complainant Organization: Zeta Upsilon Zeta Sorority Date of Incident: August 29, 2014 Time of Incident: 11:05pm Location of Incident: 999 Missouri Ave, San Luis Obispo, CA (Unofficial Alpha Beta Gamma House) Witnesses: Shawn Lassiter, Katie Burton, Melissa Guster Nature of Violation: Violation of Governing Document; Risk Management Violation Governing Document: FIPG Risk Management; IFC Governing Document Policy Violated in Above Document: Alcohol policies; harassment Description: A party took place at 999 Missouri Avenue which is also known as the Alpha Beta Gamma House. The party was reported to have people in attendance including at least 10 Alpha Beta Gamma members, various sorority women, and multiple underage drinkers. The report also claims there was open source alcohol at the event. The open sources were beer, vodka, and 151. These were provided to all participants in attendance. The report states there were multiple underage drinkers, both male and female. The party was not correctly registered with IFC and Fraternity and Sorority Life. David Potter and Ryan Wolfey, both members of Alpha Beta Gamma, began to shout rude and derogatory speech at three women of Zeta Upsilon Zeta (Stacy Hathaway, Bridget McAdams, and Claudia Johnson). David Potter is 21 years old and Ryan Wolfey is 19 years old and both were drinking beer from disposable cups. Witnesses heard the men yell Bitches don t drink for free and You sluts need to leave. Similar statements were shouted at other women throughout the night and three other men joined Potter and Wolfey. 30

32 What are the first steps after this incident is referred to a hearing? Assignments for Mock Hearing Chief Justice: Case Secretary/Associate Justice 1 Associate Justice 2 Associate Justice 3 Associate Justice 4 Associate Justice 5 Associate Justice 6 Who is the complainant in this case? Who is the accused in this case? What would make a justice unable to serve on this case? 31

33 Hearing Notification Fill out the necessary parts of the letter in the blanks below. DATE ORGANIZATION NAME Attn: PRESIDENT NAME, President ADDRESS CITY, STATE ZIP Sent via to STUDENT ADDRESS RE: Hearing Notification Dear PRESIDENT NAME, Based upon the complaint filed with Fraternity and Sorority Life by REFERRING PARTY, your organization is charged with violations of the NAME OF DOCUMENT VIOLATED. The sections of the DOCUMENT relevant to this incident(s) are: POLICY NAME (Insert Text of Code) Regulations (Insert List of Regulations Violated) It has been determined that these charges will be heard before members of the Fraternity and Sorority Judicial Council. You reserve the right to request rescheduling this hearing one time if needed. If you need to reschedule the hearing, please contact The details of the hearing are as follows: DATE, TIME, LOCATION You have been provided with a copy of the specific allegations against you, the rights of the accused, and hearing procedures. You are afforded an opportunity to discuss them and review the evidence in a preliminary meeting with an FSL representative and Chief Justice. You are welcome to bring your campus and/or chapter 32

34 advisor to this meeting, though it is not required. You may, also, bring up to one additional officer should you choose. You must schedule this meeting for a date and time occurring before DATE. Please to schedule your appointment. It may help to become familiar with the judicial procedure of Fraternity and Sorority Life. If you have any questions or concerns regarding the student conduct system or your case, please feel free to contact our office. Sincerely, CHIEF JUSTICE NAME Chief Justice of the Fraternity and Sorority Judicial Council cc: File ACCUSED ORGANIZATION NATIONAL OFFICE CAL POLY Fraternity and Sorority Life GOVERNING COUNCIL PRESIDENT, GOVERNING COUNCIL NAME, Faculty Advisor NAME, Chapter Advisor Witness Notification September 23, 2014 STUDENT NAME ADDRESS CITY, STATE ZIP Sent via to STUDENT ADDRESS RE: Witness for Hearing Notification Dear NAME, You have been identified as a witness for the COMPLAINANT/ACCUSED in regards to the incident occurring on DATE. The hearing before the Fraternity and Sorority Judicial Council has been scheduled for DATE, TIME at LOCATION. If you are unable to attend, please contact CHIEFJUSTICE @Cal Poly.edu. If you have any questions or concerns regarding the student conduct system or your case, please feel free to contact our office. Sincerely, CHIEF JUSTICE NAME Chief Justice of the Fraternity and Sorority Judicial Council cc: File 33