Residence Life
Judicial Board Manual
South Dakota School of Mines & Technology
Department of Residence Life

 
Overview of the History and Philosophy of the Judicial Process

Student involvement with the discipline process was first introduced at the South Dakota School of Mines and Technology in 1980-1981 with the development of the Incident Report Review Board.  Modifications were made to the Residence Hall Incident Review Board process in the early 1990s.  In 1999 the Residence Life discipline system was further refined to enhance the existing system and consequently the living and learning environment for all residential students.
The Judicial Guidelines maintain a decision-making and conflict resolution process that ensures outcomes of maximized freedom and necessary order.  The guidelines incorporate actions that uphold the precept of promoting student success through personal growth and understanding, while not primarily focusing on penalizing students for misconduct.
The guidelines are an effort to merge the judicial process with the educational process; it is designed to help students practice behavior that is appropriate in the residence hall community.  The system also upholds the objective of incorporating members of the community into the judicial process as an appellate board and as a hearing and sanctioning board.  The procedures do not have the sophistication of civil law, but do provide the students with basic civil rights, including a fair hearing before a judicial board comprised of their peers.  Appropriate due process safeguards have been incorporated including appeal procedures.
 

Overview of the Judicial Guidelines

Depending on the nature of the violation or inappropriate behavior, the student will be subject to disciplinary sanctions as determined through the judicial guidelines.  Through the disciplinary process, actions are taken to support student success, to promote student growth and understanding and to develop behaviors that are appropriate to our living and learning community.  The disciplinary process consists of four levels.

1. Verbal Warning
2. Written Warning
3. Referral to the Residence Life Judicial Board or Hall Director
4. Referral to the Associate Dean of Students

At all levels the accused student has the right to appeal.  Appeals from Levels 1 and 2 go to the Residence Life Judicial Board.  Appeals from Level 3 go to the Associate Dean of Students.  Level 4 appeals go to the Vice President of Student Affairs/ Dean of Students.  The accused student must make his or her appeal in writing.  The letter of appeal must be submitted to the appropriate person(s) within five (5) working days (excluding holidays) of receipt of notification of disciplinary action.  The written appeal must state specific criterion explaining why the student believes he or she should not be held accountable.

Level 1—Verbal Warning
If a residential student violates a residence hall or university policy or regulation, or exhibits inappropriate behavior and if the violation or behavior is not of a serious nature (serious violations include, but are not limited to, drugs, assault, visitation, thefts, arson, tampering with fire equipment, physical or verbal abuse, et cetera), Residence Life staff will issue the student a verbal warning.  This warning will be documented on an Information Report and in the residence hall’s discipline logbook.
Examples of this level policy violation include a first offense of the following:
? Quiet hours
? Incense/Candle Burning
? Smoking in non-smoking areas
? Possession of illegal electrical appliances
A verbal warning is merely a documented conversation between a staff member and a student regarding the student’s behavior in the residence halls. Although no formal actions are taken, the violation or behavior is documented in the student’s disciplinary record.  The accused student has the right to appeal the verbal warning in writing to the Residence Life Judicial Board within five (5) days of the actual warning.

Level 2—Written Warning
If a residential student violates a residence hall or university policy or regulation, or exhibits inappropriate behavior; if the violation or behavior is not of a serious nature; or if the student has been involved in a previous Level 1 violation, Residence Life staff will issue the student a written warning and complete an Information Report.  The violation will be recorded in the residence hall’s discipline logbook
Examples of this level policy violation include a first offense of the following:
? Previous violation of any Level 1 offense
? Possession of illegal pets
? Failure to comply (as initial charge)
? Visitation violations
? Escort policy violations
? Misuse of SDSM&T property (including but not limited to misuse of card access system, misuse of windows, roof, etc. This does not include computer hardware or software misuse or abuse)
? Possession of unapproved sleeping loft
? Cooking policy violations
? Failure to remove refuse/ trash properly.
The purpose of the written warning is simply to explain the violation or inappropriate behavior and to inform the student of the probable consequences that may result from future violations or inappropriate behavior.  No further formal action is taken although the warning becomes a part of the student’s disciplinary record.  The accused student has the right to appeal to the Residence Life Judicial Board in writing.  The Hall Director may, at any time, refer a student to the Associate Dean of Students if, in his or her judgment, the violation or behavior justifies surpassing Level 1, 2 or 3.

Level 3—Referral to the Hall Director
If a residential student is involved in additional violations of residence hall or university policy or inappropriate behavior or if the incident is of a serious nature, responding Residence Life staff will complete an information report and refer the student to the Hall Director.
Examples of this level policy violation include a first offense of the following:
? Previous violation of any Level 2 offense
? Possession of or use of fireworks, or other explosives including but not limited to flammable liquids.
? Possession of or use of ammunition, or dangerous or deadly weapons.
? First offense of alcohol policy violations
? Tampering with fire equipment
? Damage or destruction of property belonging to others or SDSM&T
Upon the student’s referral, the Hall Director will explain to the student his or her options for adjudication of the case and of his or her rights in the disciplinary proceeding.  At this time, the student may choose one of two options:
1. A hearing before the Residence Life Judicial Board, or
2. Admit involvement and responsibility, waive a hearing and resolve through mutual consent with the Hall Director.
If the student chooses a hearing before the Residence Life Judicial Board, the following procedure will be adhered to:
? Residence Life Judicial Board members will be notified that a hearing will take place in order to review the Information Report(s) and schedule a meeting.
? The Board will notify the student(s) involved at least 48 hours in advance of the hearing date, time, and place in writing.
? During the hearing, the Board will review the presented information, be given the opportunity to question student(s) involved, explore motivation for the behavior, let the student(s) make any concluding remarks or ask questions.
? Following the hearing, the Board will determine the extent of the student’s responsibility and determine the sanctions.
? The Board will make recommendations to the Director of Residence Life.  The Director of Residence Life will then notify the student in writing of the decision and any subsequent sanction(s) within 48 hours of the hearing.
The student has the following rights during the hearing process:
? The student may waive his or her right to be present at his or her hearing.  If the student waives this right or fails to appear, the Board will continue the hearing process, including determining recommended sanctions.
? The student will have the opportunity to hear all information, which the board may use in making a decision.
? The student may object to the presence of up to one member of the Residence Life Judicial Board, who will have no participation in the discussion.
? The student may have an advisor present at the hearing. (The role of the advisor is limited to interaction with the student responding to allegations.   The student must speak for him or herself.)
? The student has the right to a closed hearing.
? The student may submit evidence.
? The student may call witnesses.
? The student must receive a written notice of the decision.
? The student may appeal the decision.
If the student is found to be responsible for violation of residence hall or university policy, the Residence Life Judicial Board may recommend imposition of one of more of the following sanctions to the Director of Residence Life who will issue a letter of discipline:
? Restriction of privileges (visitation, use of common areas of hall, use of stereo, TV, et cetera)
? Special action (performance of a special project to improve Residence Life—may include, but not limited to, custodial or maintenance work assignment, required counseling, behavior contract, letter of apology, planned programming, community service project)
? Hall probation
? Restitution
? Change of hall or room assignment
? Referral to the Associate Dean of Students
If the student admits responsibility for the violation and waives the right to a hearing, he or she will work with the Hall Director to determine a mutually agreed upon sanction of one or more of the following options:
? Restriction of privileges (visitation, use of common areas of hall, use of stereo, TV, et cetera)
? Special action (performance of a special project to improve Residence Life—may include, but not limited to, custodial or maintenance work assignment, required counseling, behavior contract, letter of apology, planned programming, community service project)
? Hall probation
? Restitution
? Change of hall or room assignment
? Referral to the Associate Dean of Students
Failure to comply with sanctions determined through mutual consent will result in the student being referred to the Associate Dean of Students for further disciplinary action.
The accused student has the right to appeal the sanction determined through mutual agreement with the Hall Director or the decision and sanction assigned by the Residence Life Judicial Board to the Associate Dean of Students.
Violations of certain policies will automatically be referred to this Level.  These include, but are not limited to, policies pertaining to weapons policy violations, first offense alcohol policy violations, extreme disregard for quiet hours or the visitation policy.  The Hall Director, in certain situations, may deem it necessary to automatically refer the student(s) to the Associate Dean of Students.
 Level 4—Referral to the Associate Dean of Students
If a residential student violates a residence hall or university policy or regulation or exhibits inappropriate behavior of an extremely serious nature or has been involved in a Level 3 violation, the reporting Residence Life staff member will complete an information report and refer the student to the Associate Dean of Students through the residence hall director.  The Associate Dean of Students will determine appropriate actions, per Board of Regents policy.
Examples of this level policy violation include a first offense of the following:
? Previous violation of any Level 3 offense
? Drug policy violations
? Misuse or abuse of SDSM&T computer hardware or software
? Pulling a Fire Alarm
? Violation of all other Board of Regent policies other than as noted in levels 1, 2, & 3.
The accused student has the right to appeal the decision of the Associate Dean of Students to the Vice President of Student Affairs/Dean of Students.
The listed sanctions for each Level are a minimum and additional actions can be taken at any level if deemed appropriate.  The university may, in addition to action it takes, turn the information over to the civil authorities.  Referral of a matter to law enforcement will not require suspension of disciplinary proceedings nor delay imposition of discipline.
In order for the Residence Life Judicial Guidelines to work effectively, students and staff must cooperate and fulfill their responsibilities.  A student who fails to appear before a member of Residence Life staff or other judicial agency in a situation involving the investigation or processing of an alleged violation of university policy after clear and repeated notice may be subject to severe disciplinary action as determined by the Associate Dean of Students.  Failure of a student having pertinent testimony regarding a disciplinary matter to provide such information (except as it may incriminate them) may likewise result in severe disciplinary action.
 Suggested Criteria for Appeals
If a student wishes to appeal at any level, he or she may do so.  The following are suggested criteria for appeal:
1. Unfairly Charged
If a student has evidence that he or she was unfairly charged and found in violation due to lack of evidence on the part of the complainant, personal bias, or circumstances beyond his or her control, then he or she may appeal.  Appeals based on this criterion would be appropriate for all Levels.  Level 1 or 2 appeals are addressed to the Residence Life Judicial Board.  Level 3 appeals are addressed to the Associate Dean of Students.  Level 4 appeals to the Vice President for Student Affairs/ Dean of Students according to guidelines set forth in Board of Regents policy.
2. Inappropriate sanction.
If a student is of the belief that one or more sanctions imposed on him or her for a violation committed are unjust, unfair, or unreasonable, then he or she may appeal Level 3 sanctions to the Associate Dean of Students.  Level 4 sanctions may be appealed to the Vice President for Student Affairs/ Dean of Students.
3. Failure of the Residence Life Judicial Board to adhere to proper procedure as outlined in the Residence Life Judicial Board Manual and Board or Regents policy.
If a student is of the belief that proper procedures of the Residence Life Judicial Board before, during or after his or her violation was heard were not followed (for example, notification of violations was not given, acknowledgement of violations was not made, confidentiality was not adhered to, presence of Board members or students who should have been excluded), the student may file an appeal to the Associate Dean of Students.  This criterion is only applicable in the event of a Level 3 violation heard before the Residence Life Judicial Board.
4. Other
Unusual conditions, new information or evidence may warrant appeal.
All appeals must be made in writing, addressed to the appropriate person(s) and submitted to the designated person within five (5) days of notification of responsibility for a policy violation or imposition of sanctions.

Residence Life Judicial Board Policies and Procedures
Membership
The Chairperson who shall be appointed by the Executive Board of the Residence Hall Association and will serve a term of one (1) year will head the ResLife J-Board.  The Executive Board of RHA will choose the Chairperson by consensus.  The Chairperson must have been a member of the J-Board prior to the appointment.
There will also be a Vice-Chairperson who will be elected by the fellow J-Board members and will serve as a Chairperson in the event that the Chairperson is unable to perform his/her duties.
All J-Board members must be residents of the SDSM&T residence halls.  There will be one J-Board member from each of the four (4) residence halls in addition to the Chairperson for a total of five (5) students.  The Residence Hall Association will appoint these individuals.  At least one (1) but no more than two (2) members of the J-Board can be Resident Assistants.  Any officer of the RHA and its subsidiaries (individual Hall Councils) is not eligible to be a member of the J-Board.  The Assistant Director of Residence Life for Leadership Development will also be a member of J-Board.  The Director of Residence Life will act as the official contact and all correspondence will be issued through the Director.
There will be one alternate from each of the four (4) residence halls appointed by the Chairperson of the J-Board.  The alternate will assume the duties of the regular J-Board member when he/she is not able to fulfill his/her duties.
Cases

The J-Board will hear all students who are involved in a Level 3 alleged violation of policy who choose to appear before the J-Board rather than come to mutual consensus with his or her respective hall director.
The J-Board will hear all appeals from students who are involved in a Level 1 or Level 2 alleged violation of policy.
 Ethical Standards
Personal information given and discussed in a J-Board hearing is not to be mentioned or discussed outside of the hearing by any member of the board with anyone.

Records of J-Board decisions and recommendations are strictly confidential.  Records will be maintained by the Assistant Director of Residence Life for Leadership Development as advisor and with the Director of Residence Life as the official contact person.
Board decisions and recommendations should be made by consensus, if at all possible.  If a decision or recommendation is made by a majority vote, board members dissenting are expected to act in a professional manner and be supportive of the process if not the specific outcome.
Only those board members who have attended all formal discussion during a J-Board hearing will make decisions on the course of action.  No proxy voting will be allowed.
If a vote is taken in order to offer a recommendation, the vote of each board member is strictly confidential.  The vote total is not to be shared with anyone outside the voting membership of the J-Board.
 Suggestions
One major objective of the board is to help both the community and the student.  Decisions reached should reflect such a commitment, even though “help” sometimes may mean the imposition of a sanction to stimulate thinking.
Refrain from making accusations or using language that may alienate the student in the alleged violation of policy.  Board members should also avoid passing notes, whispering, or clock watching.
It is of utmost importance to remember that this is not a court of law.  The student is not the accused, guilty or not guilty, a suspect, etc.  We do not issue a sentence.  The J-Board listens to information regarding a situation that occurred in one of the four residence halls and determines is the student before them is responsible or not for the violation of policy that has occurred.  Upon determining a student’s involvement and his or her extent of responsibility, the J-Board makes a recommendation of sanction to the Director of Residence Life.
The student before the board has the right to hear all information presented to the board in order to offer an explanation or different perspective on the information presented.  The student does not have a right to know who is making the statements, merely what those statements are.
The student’s attitude can be important in the decision and subsequent recommendation made by the J-Board.  It is imperative to differentiate between the attitude toward the board and toward the situation of the alleged violation of policy.  The former may be quite negative, but those personal feelings should not influence the board’s decision.  However, the attitude in which the student regards the situation may very well be considered, especially when attempting to consider a possible sanction hat is appropriate and helpful to the student and the community.
It is important to remember that the board exists to ensure students are held responsible for the choices they make in regard to policies within the residence hall community.  It is necessary to recognize that the board determines a student’s responsibility for violation of policy, not whether the policy is necessary or not.
 Procedure
The J-Board meeting will be conducted by the Chairperson who will preside at all times.  The Chairperson will:
(1) With the help of the Assistant Director of Residence Life for Leadership Development, notify all individuals involved in the violation of policy/ information report of the designated time and place of the meeting.
a. Parties to be notified include the J-Board membership, the student requesting the hearing, the individual(s) filing the information report.
i. It is the responsibility of the student requesting the hearing to notify persons who will be speaking on his or her behalf of the time and place of the hearing.
b. All parties involved must be notified in writing at least 48 hours in advance of the scheduled hearing.
c. All parties are expected to appear or make prior arrangements with the Chairperson.
d. Room reservation must be made through the University Scheduling Center, x6774.
(2) A quorum will consist of a Chairperson, two student members and the Assistant Director of Residence Life for Leadership Development.
(3) Call the meeting to order, explain the purpose of the J-Board, and read the information report, and in an appeal case, the written letter of appeal.
(4) Have the person(s) and witnesses (maximum of three (3) per side) directly involved present their interpretation of the situation and alleged violation of policy.  In order to be a witness, an individual’s name should be included in the original information report.  The Chairperson may stop the testimony at any time he/she feels that no more pertinent evidence is being presented.
a. Explain the student’s rights and the process.  (Please see the following section Student’s Rights)
b. Verify the student understands the situation and policy violation in question.
c. Ask the student to review the situation in question in his or her own words.
d. Explore the motivation for the behavior.
e. Take notes if needed.
f. When appropriate, check for realization of commitments made, the concept of accepting responsibility for one’s actions, the importance of self-discipline in a community setting, etc.
g. Let the student make any concluding remarks and ask questions.
h. Thank the student.
(5) Have the person(s) who initiated the information report present their interpretation of the situation.
a. Ask the individual to review the situation from his or her perspective.
b. Ask clarifying questions when necessary.
c. Take notes if needed.
(6) Have any other individuals providing support for the student present their perspective of the events.
a. Ask the individual to review the situation from his or her perspective.
b. Ask clarifying questions when necessary.
c. Take notes if needed.
(7) Have all person(s) leave the room after the testimony has been presented so that the J-board may deliberate and reach a decision.
a. Review the facts
b. Determine truth as the J-Board membership sees it.
c. Make decision using consensus rather than voting.
i. In a hearing, determine the student’s responsibility or not, and subsequent sanctions.
ii. In an appeals case, determine if the appeal should be granted or not.
d. Once a decision has been made, the Chairperson will document the decision, which is a recommendation, and forward the recommendation to the Director of Residence Life.
(8) Review the meeting with members.
(9) Destroy all unneeded copies of reports.
(10) The Director of Residence Life will take the recommendation into consideration and, subsequently, issue the student(s) a letter of decision and sanction.
 Student’s Rights
(1) The student may waive his or her right to be present at his or her hearing.  If the student waives this right or fails to appear, the board will continue their process, including recommending sanctions.
(2) The student will have the opportunity to hear all information that the board may use in making a decision.
(3) The student may object to the presence of up to one member of the J-Board without cause, who will have no participation in discussion.
(4) The student may have an advisor present at the hearing.
a. The role of the advisor is limited to interaction with the student responding to allegations.
b. The student must speak for him or herself.
(5) The student has the right to a closed hearing.
(6) The student may submit evidence.
(7) The student may call individuals to speak on his or her behalf.
(8) The student must receive a written notice of the decision and any sanctions from the Director of Residence Life
(9) The student may appeal the decision to the Associate Dean of Students.
Recommendations and Decisions of Appeals
The J-Board may recommend appropriate disciplinary action, which may include reprimands, fines, work assignments, restitution for damage, warnings, referral to the Associate Dean of Students, or other disciplinary action as developed.  The Director of Residence Life will determine the actual assigned sanctions.
As an appellate board for Level 1 and Level 2 violations of policy, the J-Board will render a decision based on their findings following a hearing.  The decision will be forwarded to the Director of Residence Life who will notify the student(s) of the outcome of their appeal.
As a hearing and sanctioning board, the J-Board will offer a recommendation to the Director of Residence Life concerning a person’s responsibility and subsequent sanctions.  The Director of Residence Life issues the actual letter of sanction.  Person(s) involved in an alleged violation of policy or the housing official who filed the information report have the right to appeal in writing the final decision of the Director of Residence Life to the Associate Dean of Students.  Such an appeal must be filed within five (5) school days of the receipt of notification from the Director of Residence Life.  If it is not filed within the time limitation above, the decision of the Director of Residence Life is final.
 Special Powers
The Chairperson of the J-Board shall be empowered to warn an individual(s) that inappropriate behavior during the hearing will result in a charge of contempt of the J-Board.  This warning may result in separate consideration and appropriate disciplinary action as recommended by the J-Board.
The Chairperson of the J-Board shall also be empowered to summon any person(s) whom the J-Board considers involved in the violation of policy and necessary to resolve the situation.
Beginning and End of Semester
The student’s respective hall director will hear cases that would ordinarily be heard by the ResLife J-Board during the first weeks of the fall semester and the last two weeks of each semester. This will be done to give time to RHA to convene a J-Board at the beginning of the fall semester and to avoid calling the J-Board together during the week of preparation for finals and during finals week.
 
 

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