Judicial Process

Judicial Process Professional Staff Conditioning Fall 2014

Judicial Process • The judicial process exists to provide a constructive means by which to challenge inappropriate behavior in the residence halls and work with students to help moderate that behavior. The judicial process should be seen as each of the following: • Punitive (retributive and deterrent) • Developmental

Stages and Components of the Judicial Process • Incident Report Submission • By staff, mostly by RA’S, but by Pro-staff on some occasions, and occasionally by other “outside” individuals as well (Dean of students, faculty,) • Incident Reports are submitted via Symplicity. https://pace-advocate.symplicity.com/index.php/pid731811? • Reports are read and decided to be cleared as a communication report or referred to a hearing officer by the Assistant Director for Judicial and Community Standards • The Hearing • Residence Director of the building the resident has violated policy in. • Decision Notification • All decision data input will be submitted on Symplicity by the hearing officer after hearing has taken place. • DAF form is than placed in AD mailbox • AD will send decision letter

Stages and Components of the Judicial Process • Sanctions • Student File • Failure to Appear for a Judicial Hearing • Appeals • Postponing of Charges

The Disciplinary Action Form The primary administrative tool for hearing officers is the Disciplinary Action Form. This form scripts each step in the hearing process to facilitate hearing for the officer and to insure that due process is followed for the accused student. There are six basic steps to the form: • Information • Charges and Routing • Review of Process • Review of the Incident Report • Hearing options • Outcome

Hearing Options After the initial review of the incident report (and the subsequent initial assessment by the hearing officer) the student chooses a hearing option. There are three basic hearing options for student to choose: • Informal Resolution • Informal Hearing • Formal Hearing

Having A Developmental Hearing Resident students who have been involved in incidents (either on or off-campus) will in most cases be required to meet with a staff member for their disciplinary hearing. The purpose of the hearing is to: • Verify details in written reports, as appropriate • Explain the disciplinary system to the student • Counsel the student regarding his/her conduct and the values of the University • Determine an appropriate sanction for student behaviors that violate university policy.

What to Expect: • As a University administrator you will be acting with the authority of Pace University. Consequently, you can expect a variety of responses from students including - but not limited to - fear, indignation, anger, nervousness, indifference and aggression. Unfortunately, you won't know before hand how a particular student will react until he/she arrives for the appointment. You will need to rely on your powers of observation as well as basic counseling skills to ascertain the student's emotional state. Some students will not necessarily share their feelings with you at the outset, so be sensitive to subtle cues that will help you understand the student. • Try to remember that each meeting will be unique, just as each student is unique in his/her history, personality and emotion. Don't let yourself become rigid in your perceptions of students, as this could lead you to misjudge a situation. Likewise, don't be too ready to allow a student to shift responsibility for a behavior from them to you.

The Hearing Process: • Though each hearing is unique, it should follow the format presented on the following slide. The key to conducting effective hearing is to be prepared and able to "think on your feet" while putting all of the parts together into a consistent, cogent process.

The Hearing Process: 1. Preparation • One of the biggest mistakes you can make when dealing with a disciplinary situation is to go into a meeting with a student unprepared. -make sure you have read the report - have student handbook on hand - Make sure you have DAF form

The Hearing Process: 2. Begin the Hearing • Be on time for your hearing, and greet the student(s) in the reception area. Introduce yourself and escort the student to the location where the meeting will take place. Be polite, confident and informal; make the student feel comfortable. Try to gauge the emotional state of the student by certain telltale signs (such as nervous hands, meek voice, clenched jaw, nervous laughter, etc.)

The Hearing Process: 3. Explanation • Explain the purpose of the judicial process. A good opening statement is: "I have received a report which states you were involved in..." or "I've asked you to meet with me to discuss your behavior on (date) at (location)." The way to initiate discussion is, to a degree, a matter of your personal style. Some individuals feel more comfortable with formal statements like, "You have been accused of......." or " It is alleged you were involved in..." Others favor informal openings like "/ understand you were involved in an incident..." Use statements that are most comfortable for you. In any event, speak naturally, confidently and professionally at all times. Avoid statements that will make the student defensive such as "Why did you break the window?"

The Hearing Process: • Provide your initial decision • The hearing process allows students to choose their hearing type based on your initial perception of the hearing. Explain the incident (and the student’s level of responsibility) based on the information you have received, and indicate what you believe would be an appropriate outcome and sanction. • After you share this information, the student will choose their hearing option, and the process will continue. Even in cases where the student chooses an Informal Resolution, you should go on to discuss the case with them, as that is where the student development takes place.

The Hearing Process: 5. Discussion of the Case • Begin the discussion of the case by having the student explain the incident. Encourage the student to be open and honest. Ask questions if the story is confusing but avoid "why" questions, if at all possible. Use basic counseling skills to encourage the student to expand the story. Take notes if it will be necessary to meet with other students or if it is an involved case with a lot of details.

The Hearing Process: 6. Decide • There may be multiple violations - cite them in your notes. Making this decision can be very difficult to do at first, especially with the student sitting in your office, but it becomes easier over time. Eventually, you will develop a frame of reference to work with after you have made several such decisions.

The Hearing Process: • Explain Your Decision • This is a critical step in the process. Discuss the student's conduct in relation to community standards, citizenship responsibilities, University rules and regulations and common sense. Spend some time discussing the student's actions and further consequences if repeated. Help the student take responsibility for his or her actions.

The Hearing Process: 8. Explain the Sanctions • Take time to insure that the student knows all of the responsibilities and expectations placed upon them as the result of your sanctions. Make clear deadlines. Provide handouts for any educational project or counseling referrals.

The Hearing Process: 9. End of Meeting - Conclude All Paperwork • The hearing officer must insure that the Disciplinary Action Form is completed legibly, and that the student has signed in all of the necessary places. The hearing officer must make a copy of the Disciplinary Action Form for the student, as well as any other forms required by the selected sanctions (only if a decision has been made by the end of the hearing). • The hearing officer will then log into symplicityhttps://pace-advocate.symplicity.com/index.php/pid986485? And complete the decision information section. This will include the input of sanctions and decision letters to close the case.

The Hearing Process: 10. Counseling Center Referrals • On occasion, you may decide to refer a student to the Counseling Center as the result of a violation of the Student Code of Conduct. This typically happens when a student is found in violation of the Alcohol policy. However, it is also in your discretion to make judicial referrals for counseling as you deem appropriate. Referrals to the Counseling Center should be discussed with the Director of Housing or the Associate Director. A determination should be made regarding whether a Limited Assessment is needed, or the student is simply required to make an initial intake appointment (as an opportunity to determine whether or not counseling would be right for them).

The Hearing Process: • Summary: • The disciplinary process does not have to be a negative experience for you or the student. It can be rewarding for both of you and if you respect each other and communicate openly. There are always rough times and a difficult individual to deal with, but every situation is manageable. Stay calm and use your experience and maturity as an advantage. REMEMBER: • Be confident • Be fair • Be thorough • Stay calm • Respect the student as a developing adult • Consult with other staff members if you're unsure

Tips for Being an Effective Disciplinarian • Listen carefully to everything said. • Watch for non-verbal behaviors which may indicate attitudes, true feelings or emotions. • Be sure that you clarify any conflicting information. Continue to ask questions until you have all the necessary facts regarding the incident. • Carefully examine the time/date sequence of the incident. Follow-up on contradictions when questioning. • Avoid jumping from one line of questioning to another; attempt to examine one area completely before moving on. • Avoid unnecessary writing during the session. Concentrate on the content of what is being said while developing lines of questioning. • Demonstrate respect for the speaker just as you would expect if you were speaking. • Never accuse a student or participate in heated arguments. Maintain your composure even if others do not. • (Adapted from the ACPA Commission XV Model Training Manual)

Sample Questions for Judicial Hearings • Besides fact-related questions, here are some sample questions for you to consider when conducting disciplinary meetings or hearings with students. • What effect did your actions (or behaviors) have on others? On the community? On yourself? • Explain what you hoped to accomplish through your actions? • Who is responsible for your behavior? • What other options were there for you in this situation? • What was the purpose of your behavior? • How would you feel if others were engaged in comparable behavior? • What would be the consequences to the community if everyone engaged in comparable behavior? • How is your relationship with your roommate or suitemate? With other students on the floor? With staff members? • How does your responsibility for living with community standards apply to your actions in this situation? • How might you react if such a situation were to come up again? • (Adapted from the ACPA Commission XV Model Training Manual)

Sanctions • The hearing officer has a wide range of sanctioning options when finding a student in violation of university policy: • Written Warning - a level of warning indicating that further violations will result in more severe judicial action against the student • Probation - a level of warning indicating that further violations are likely to result in more severe sanctions, including removal from housing • Probation w/REFLECT- a level of probation that includes a supplemental packet that is for educational and developmental purposes. This form of probation is given to students at the discretion of the Judicial Hearing Officer. • Probation - Removal/Held in Abeyance – a level of warning indicating that any further violation will result in removal from housing; alleged violations will result in summary removal pending resolution) • Residential Suspension – the student must leave housing during the time or times specified by the hearing officer; the student’s presence in the residence halls during the time specified will result in summary removal from housing • Removal from Housing – the student must move out of housing by the date, time and duration specified by the hearing officer

Sanctions • Parental Notification – the student’s parent or guardian will be contacted (by the hearing office, or by the student as proscribed by the hearing officer) and made aware of the violation of university policy • AOD Assessment – the student must arrange a meeting with the counseling center for an Alcohol or Other Drug assessment by the date specified by the hearing officer • Fine and/or restitution to University – the amount indicated by the hearing officer will be charged directly to student account by OHRL • Restitution to other – the student will be required to pay the amount indicated by the hearing officer to the person or persons indicated • Educational Project – the student must complete an educational project as specified by the hearing officer • Change in Housing Assignment – the student will be required to change housing assignments as indicated by the hearing officer • Room Selection Demerits • Other sanctions – other sanctions may be pursued as approved by the Area Director level or higher

Judicial Process