FYJC Constitution

PREAMBLE

We the University Judiciary Committee [UJC] on behalf and conjunction with the University of Virginia, to promote the welfare of the first year students at the University, establish the First Year Judiciary Committee.

ARTICLE I: PURPOSE AND DERIVATION OF AUTHORITY

The First Year Judiciary Committee, acting under the authority delegated to it by the University Judiciary Committee, shall uphold and promote those principles of civility and self-discipline that are appropriate to the first year experience.

ARTICLE II: JURISDICTION

A. Original Jurisdiction

1. The First Year Judiciary Committee shall hear complaints of first-year misconduct in the first-year living areas as defined in the Standards of Conduct adopted by the Board of Visitors for the University Judiciary Committee.  Complaints may be filed by any individual or group.  Also the Dean of Students Office and the Resident Staff Office may file complaints on behalf of persons outside the University community.

2. This grant of jurisdiction is limited as specified in Section D of this Article.

B. Non-exercise of Jurisdiction

1. When the Executive Committee of the University Judiciary Committee determines that more cases are pending before the First Year Committee than it can adjudicate effectively, they may refer cases designated by the Chairperson of the University Judiciary Committee to the University Judiciary Committee for disposition.

2. Upon termination of a First Year Committee's term, any unadjudicated, pending cases shall be forwarded to the University Judiciary Committee for adjudication.

D. Jurisdiction Restrictions

1. The First Year Judiciary Committee shall follow the jurisdictional restrictions as set forth in Article II of the UJC Constitution.

2. The First Year Judiciary Committee shall not have jurisdiction over cases involving special procedures defined in Article IX of the UJC By-Laws.

ARTICLE III: POWERS

A. The First Year Judiciary Committee shall hear all complaints referred to it in order to determine whether the accused first year is guilty of student misconduct as defined by University authorities.

1. Complaints must be filed with the Committee as specified in Article III, section A of the UJC Constitution.

B. Should the trial panel determine that the accused student is guilty of the offense(s) alleged, the Committee may impose any sanction(s), up to and including expulsion from the University, which it deems appropriate by a two-thirds vote.

C. The accused may be tried in absentia when proof of reasonable notice sent to him or her is shown and if before the hearing the accused fails to show cause for not appearing.

D. The First Year Judiciary Committee shall use the support officers chosen by the University Judiciary Committee.

ARTICLE IV: RIGHTS

A. No student accused of a violation within the jurisdiction of the First Year Judiciary Committee shall be found guilty unless the complainant has demonstrated beyond a reasonable doubt in the opinion of two-thirds of the trial panel that the actions of the accused constitute such a violation.

B. Every accused student shall have the rights defined in Article IV, section B of the UJC Constitution.

C. Every student found guilty by the First Year Judiciary Committee of a violation of a Standard of Conduct shall have access to a record of the proceedings against him and shall have the right to appeal a final decision.

1.  Appeals shall be forwarded to the UJC pursuant to Article VIII, section A of the UJC By-Laws.

2. Further appeals shall be pursuant to delineated in Article VI, section V of the UJC By-Laws.

D. Should the complainant choose to withdraw the complaint or should an accused be found not guilty, records of the investigation and trial proceedings, if held, shall be destroyed, except for the confidential administrative records maintained by the University Judiciary Committee.

ARTICLE V: MEMBERSHIP

A. The First Year Judiciary Committee shall be composed of  seventeen first years selected through the process designated by the Chairperson and Vice-Chairperson for First Years of the University Judiciary Committee. 

B. The Chairperson of the University Judiciary Committee must approve all appointments.

C. To be eligible, a student must be a full time student (defined as subject to full tuition and/or fees) in his or her first semester at the University.

D. Representatives to the First Year Judiciary Committee shall serve as judges on First Year Judiciary Committee trials and shall perform other such duties as required by the By-Laws of the First Year Judiciary Committee and the University Judiciary Committee.

ARTICLE VI: OFFICERS

A. The members of the First Year Judiciary Committee shall elect from among themselves a Chairperson and a Vice Chairperson to chair trials and serve as non-voting members of the Executive Committee for the University Judiciary Committee. 

B. The election of the Chairperson and Vice Chairperson shall take place after initial training on a date designated by the Vice Chairperson for First Years of the University Judiciary Committee.

C. The Chairperson and Vice Chairperson shall fulfill all duties and responsibilities set forth in the By-Laws of the First Year Judiciary Committee and the University Judiciary Committee.

ARTICLE VII: IMPEACHMENT

A. Impeachment proceedings may be instituted against any member of the First Year Judiciary Committee by the Chairperson or Vice Chairperson for First Years of the University Judiciary Committee or by the submission of a petition signed by two-thirds of the sitting First Year Judiciary Committee for mis-, mal-, or non-feasance.

B. Following the initiation of impeachment procedures by any of the three above-mentioned parties, the accused Representative shall be afforded an opportunity to defend him or herself before the full University Judiciary Committee, meeting in executive session.

C. After a full hearing of the charges and defense, an affirmative vote of at least two-thirds of the University Judiciary Committee shall be necessary to vacate the office of the impeached member.

ARTICLE VIII: BY-LAWS

A. The First Year Judiciary Committee shall adopt by a vote of two-thirds of the University Judiciary Committee such By-Laws that shall not conflict with the Constitution of either body.  All By-Laws passed by the University Judiciary Committee solely for the First Year Judiciary Committee or simultaneously for both Committees as designated by the Chair at the time of proposal shall be immediately adopted by the First Year Judiciary Committee.

ARTICLE IX: AMENDNENT

A. Amendments to this Constitution shall be proposed as follows:

1. by written petition of two-thirds of the First Year Representatives, or

2. by the Chair of the University Judiciary Committee or the Vice Chair for first Years of the University Judiciary Committee.

B. Amendments to this Constitution shall be ratified by a two-thirds vote of the University Judiciary Committee.

ARTICLE X: RATIFICATION

This Constitution may be ratified by a two-thirds vote of the University Judiciary Committee on Sunday, November 7, 1999 and shall become effective immediately thereafter.