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The Judicial Process |
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Instructions: Please read through the following material and answer the questions pertaining to Module 2 on the assessment. When finished with this section, you may proceed to the next section by following the link below or return to training at another time. In this portion of the training you will learn about the judicial process. More specifically, you will learn about the sequence of events that lead up to the hearing. Let's begin with a scenario: Dina, a residence hall assistant, was walking down the hall on the 4th floor of the Hammons residence hall when she heard several guys complaining about loud noise coming from one of the rooms. As she continued down the hall, the noise became louder and louder, until she pinpointed where it was coming from. Dina knocked on the door and was greeted by John. John smiled and asked her to come in. His speech was slurred and he repeatedly stumbled while he walked across the room. She also smelled alcohol on his breath when he spoke. Dina surveyed the room and saw several empty cans of beer laying on the floor. A. The first stage in the judiciary process begins with the filing of a complaint. Any member of the University community may file a complaint. This includes students, faculty, or staff: 1. Faculty or staff may file complaints against students on behalf of the University. For example, the Coordinator of Judicial Programs may file a complaint against a student who has allegedly violated the Missouri State University solicitation policy. The Director of Residence Life or residence hall assistant may file a complaint against a student resident who has allegedly violated the alcohol consumption policy. 2. Students may file complaints against fellow students regarding violations against personal rights or University policies. For example, a student may file a complaint against a student for alleged assault. Also, a student may file a complaint against a student for allegedly violating solicitation policies. In our given scenario, Dina, a residence hall assistant, would report the complaint to the Hall Director, Sarissa Bosse. The Hall Director would then file a complaint against John for violating the Missouri State University alcohol policy (4.11). The students who were complaining about the noise may also file a noise complaint. B. Complaints may be filed in 3 ways: 1. Individuals may make an appointment with Stephanie Grevillius, the Coordinator of Judicial Programs. Mrs. Grevillius may aid the individual in the filing process. 2. Individuals may go the Judicial Program website (http://www.missouristate.edu/judicial/12352.htm) and obtain the complaint form. After completing the complaint form, the individual will deliver the form to the Office of Judicial Programs, which is located in the Plaster Student Union, room 405. 3. Some university faculty and staff have direct access to complaint forms. These community members submit the complaint form through an electronic database. In our given scenario, Sarissa Bosse has access to filing an electronic complaint. All forms are submitted and reviewed by the Office of Judicial Programs. A. The Director or the Coordinator of Judicial Programs will review the complaint. John, the student who has allegedly violated University policies or regulations, will be sent a letter of charges and also be summoned for a disciplinary conference. B. The letter of charges consists of (a) the name of the complainant, (b) the date and approximate time of the alleged violation, (c) the description of the alleged incident, and (d) the corresponding violations of the Code. Please click here to see a charge letter. C. During the disciplinary conference, the director or coordinator will explain the letter and its implications in more detail to John and discuss his rights. The director or coordinator will ask the accused for his version of the events. John has the following options: (a) plead responsible by signing the charge letter and accept the proposed sanction(s), (b) plead responsible and not accept the proposed sanctions, or (c) plead not responsible. A. If John does not plead responsible or pleads responsible but does not accept the sanction then he may request a hearing. The purpose of the hearing is for an impartial party to determine whether or not John is responsible for the violation(s). The accused has two options for hearing formats: 1. The accused may request a hearing with the Dean of Students or a designee (i.e. the Assistant Dean of Students) 2. The accused may request a hearing with a hearing panel The hearing process will be explained in greater detail in Module 3. B. If John fails to respond to the charge letter and/or fails to respond to the request for a disciplinary conference, he will go directly to a hearing with the Dean of Students or designee. John will be notified by letter and/or phone about the date of the hearing. If he fails to attend the hearing, the hearing will proceed without him. After the completion of the hearing, the authority (Dean or Panel) will decide whether or not John is responsible for the violation. John will be notified of the decision and its corresponding sanctions (if required) by letter. 4. After Determination of Responsibility John may request an appeal up to 10 University business days after the determination of responsibility.
Please click here to continue to Training Module 3.
This training program was created and posted by the Office of Judicial Programs at Missouri State University, 2006.
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