UJC Bylaws
(as approved on August 31, 2003)

ARTICLE I: NAME

These articles shall be the By-Laws of the University Judiciary Committee of the University of Virginia, Charlottesville, Virginia.

ARTICLE II: FUNDAMENTAL POWERS AND AUTHORITY

A. Original Jurisdiction: The University Judiciary Committee is empowered to exercise all original jurisdiction specified in Article II, section A of the Constitution of the University Judiciary Committee of the University of Virginia.

B. Additional Powers: The University Judiciary Committee is empowered under Article II, section B of the Constitution:

1          To hear appeals concerning the decisions made by the First-Year Judiciary Committee.

2.         To hear appeals arising from the imposition of sanctions as administered through the office of the Dean of Students for violations of athletic ticket policies.

3.         To hear appeals when requested by a student or student group that has been disciplined or suspended by the Vice President for Student Affairs for participating in or inciting a riot or unauthorized disorderly assembly.

4.         To conduct a hearing as to probable cause when requested by a student that has received a sanction of interim suspension from a University official. The student involved shall be responsible for requesting a hearing within 72 hours after being suspended.

C. Independence of Committee's Proceedings:   All proceedings before the Committee shall be fully autonomous and independent from criminal and civil hearings.  For that reason, neither a criminal conviction nor arrest shall be required for or necessarily relevant to a University Judiciary Committee trial.  Also, criminal standards of evidence shall not take precedence over the Committee's standards at any point during the UJC process.  Scheduling shall also occur independent of any existing or potential legal action, civil or criminal.  The Executive Committee shall have the sole discretion to admit evidence pertaining to criminal and civil hearings.

ARTICLE III: MEMBERSHIP

A. Selection of Representatives and Terms of Office : The University Judiciary Committee shall be composed of the twenty-one representatives serving as UJC's judges, selected as specified in Article V of the University Judiciary Committee Constitution. The newly elected Committee shall assume office on April 1 after the election, at which point the old Committee ceases to serve as the University's judicial body. During the period between the elections and April 1, the new Committee shall be oriented and select its elected Executive Committee members (the Chairperson, Vice Chairperson for First Years, Vice Chairperson for Trials, and Vice Chairperson for Sanctions) through the following procedures:

1.         The outgoing Chairperson shall oversee orientation and elections.

2.         If there are vacant positions after March 1 st , the Chairperson shall contact the President of each school without its maximum representatives to inform him/her of the possible ramifications of a vacant seat and encourage him/her to elect representative(s) to said seat(s) before orientation.

3.         All elected incoming representatives must receive reasonable written notice of the date, time, and place of all orientation sessions and election of the Executive Committee.

4.         Orientation shall occur during the month of March at times determined by the outgoing Chairperson.

5.         Election of the Executive Committee shall take place before April 1 st .  Only those representatives who have successfully completed orientation as determined by the outgoing Chairperson, shall be allowed to vote in the elections.  Three-quarters of the elected incoming representatives must attend the elections. Election of individual Executive Committee members is by a majority vote.

6.         Executive Committee elections shall occur in the following order: Chairperson, Vice Chairperson for First Years, Vice Chairperson for Trials, and Vice Chairperson for Sanctions. 

7.         In the case of a tie, the incoming Committee shall discuss and/or question the candidates further.  If they determine among themselves that a decision will not be reached, they may, by a two-thirds vote, defer to the outgoing Chairperson to cast the tie-breaking vote.

B. Vacancies on the Executive Committee : Should an Executive Committee seat become vacant, a new election shall be held to fill the vacancy.

1.         All representatives must receive written notice of the date, time, and place of the election.

2.         Elections shall be overseen by the remaining members of the current Executive Committee who are not running.  In the event that all remaining Executive Committee members are running, the representatives shall select from amongst themselves a representative to oversee the election.

3.         Three-quarters of the representatives must attend the election.

4.         A majority vote of the attending representatives shall be necessary to determine the new Executive Committee member.

5.         Should the vacant seat be the Chairperson, the Vice Chairperson for First Years shall preside in the interim.

C. Fitness and Duties of Committee Members : Each member shall fulfill all duties required of him/her by the Chairperson of the Committee, with the advice and consent of a majority of the Committee. All members of the Committee shall support its Constitution and By-Laws and shall affirm such support in writing. A Committee member who fails to certify his or her commitment to the Constitution and Bylaws shall not occupy the position for which s/he was selected. This vacant position shall be filled by the Committee in accordance with Article V, section B of the Constitution.

D. Monitoring of Representatives: The Executive Committee shall monitor the performance of Committee Representatives.

1.         Representatives are expected to attend all Committee meetings. If the Executive Committee finds that any Representative has missed three meetings in a semester without a reasonable explanation, the Executive Committee shall report its findings to the full Committee and the Committee may take such action as it deems appropriate.

2.         Representatives are expected to sign up for a reasonable number of the scheduled trials every semester the Committee is in session. If the Executive Committee finds that any Representative has failed to do so without reasonable explanation, the Executive Committee shall report its findings to the full Committee and the Committee may take such action as it deems appropriate.

3.         Representatives may not discuss any details concerning any case with any non-representatives.  Representatives are expected to forward all requests for information to the Chairperson of the Committee.

E. No Joint Service with the University Judicial Review Board: No member shall sit on the University Judicial Review Board while serving on the University Judiciary Committee.

ARTICLE IV: EXECUTIVE COMMITTEE ORGANIZATION AND RESPONSIBILITIES

A.  Election and Powers of Executive Committee : The members of the Committee shall elect from amongst themselves by a majority vote, a Chairperson and three Vice Chairpersons, who, shall constitute the voting members of the Executive Committee.  The Executive Committee may:

1.         Discuss cases with assigned support officers, any potential witnesses, both the complainant and the accused, the Office of the Dean of Students, other administrative bodies as necessary, relevant University administrators, and organizations needed to complete assigned sanctions.

2.         Upon unanimous vote, release statistical case data as necessary to inform the University Community of the University Judiciary Committee's presence and to further the committee's purpose.

3.         Upon unanimous vote, adopt minor grammatical amendments to these Bylaws.  Said amendments shall be presented to the full Committee for review at the next possible Committee meeting. 

B.  Responsibilities of the Chairperson:   The Chairperson shall have the following responsibilities:

1.         Presiding at all meetings.

2.         Seeking to assure that Committee members are given three days' notice of a meeting or trial.

3.         Seeing that all cases referred to the Committee are properly and thoroughly investigated. If the Chairperson feels that any case is not within the jurisdiction of the Committee, or the Standard Complaint form fails to allege facts for which the Committee can grant sanctions, s/he shall recommend its dismissal to the Executive Committee, which can dismiss the case by a majority vote.

4.         Ensuring that all parties involved in the Judiciary process have student Counsel if so desired.

5.         Speaking on behalf of the Committee and representing the Committee in negotiations with the President of the University and in other business matters.

6.         Submitting the Investigator's report for each trial and any other pertinent information to the Vice President for Student Affairs for review.

7.         Submitting the Investigator's report and any other pertinent information to the University Judicial Review Board when a case is appealed to it.

8.         Appointing, with the advice of the outgoing Executive Committee, the consent of the three incoming Vice Chairpersons, and a majority vote of the incoming Committee, a Senior Investigator, Senior Counselor, and Senior Educator for the incoming Committee.

9.         Establishing and appointing members, with the consent of the Committee, to those subcommittees necessary to effectuate the goals and policies of the Committee.

10.       Appointing, with the consent of the three Vice Chairpersons, Chairpersons for the Student Legal Defense Fund  (Bailbondspersons).

11.       Administering all sanctions.

12.       Giving final approval to all decisions of the First-Year Judiciary Committee.

13.       Releasing procedural case information to the student media upon unanimous consent of the voting executive committee and if the case has been adjudicated, two-thirds consent of the adjudicating trial panel.  This information shall only be released in response to a severe breach of confidentiality.  Said release shall be limited to procedural information necessary to rectify the standing of the University Judiciary Committee in the University Community, or any information needed to clarify, but not expound upon, false statements about the adjudication of a specific case.

14.       Overseeing and supervising all other operations of the Committee and its subordinate bodies.

15.       With the advice and consent of the Executive Committee, implementing special procedures such as those attached hereto as Exhibit "A" to deal with unique or voluminous cases that are inappropriate for disposition directly under standard trial procedures.

C.  Election and Duties of Vice Chairpersons :  There shall also be elected a Vice Chairperson for First-Years, a Vice Chairperson for Trials, and a Vice-Chairperson for Sanctions, all of whom shall have the same election and tenure of office eligibilities as the Chairperson.

1.         Although the three Vice Chairpersons shall be equal, the Vice Chairperson for First-Years shall be the Presiding officer in the absence of the Chairperson.

2.         The Vice Chairperson for First-Years shall be responsible for all of the Committee's duties involving first-year students, including orientation and the First-Year Judiciary Committee.

3.         The Vice Chairperson for Trials shall be responsible for administrative operations of the Committee, including the scheduling of trials and assignment of judges.

4.         The Vice Chairperson for Sanctions shall be responsible for keeping accurate records of all sanctions the Committee hands down and monitoring their completion by students against whom they have been imposed.

5.         The Vice Chairpersons will report to the Chairperson and the Committee about the problems and progress of their respective responsibilities.

D.  Non-Voting Members of the Executive Committee: The Senior Investigator, Senior Counselor, Senior Educator and the Chairperson and Vice Chairperson of the First Year Committee shall constitute the non-voting members of the Executive Committee.

E.  Eligible Trial Chairs From Executive Committee: The Chairperson, the Vice-Chairperson For Trials, The Vice Chairperson For First Years and the Vice Chairperson for Sanctions are the sole persons who may chair a Committee trial.

ARTICLE V: SUPPORT OFFICERS' ORGANIZATION AND RESPONSIBILITIES

A.   Selection of Support Officers: As soon as practicable during the spring semester, and, if necessary, during the fall semester, the Executive Committee shall select the necessary number of individuals to serve as Support Officers, meaning Investigators and Counselors and Educators, based on a two-step process involving a written examination and interview. The selection process will include:

1.         An invitation for applications that is submitted to the student media to inform interested applicants of the opportunity.

2.         A written examination.

3.         Oral interviews for those applicants whose scores on the written examination are deemed sufficient to demonstrate a good working knowledge of the Judiciary Committee.

4.         Support Officers for the upcoming year will be selected based on the examination scores and the interviews and will be notified of their appointment.

5.         The Executive Committee shall also review the work of all incumbent Support Officers seeking reappointment as part of the reappointment process.

B.  Deficiencies in the Number of Support Officers:   Should any deficiency in the number of Support Officers arise or should a majority of the Committee determine that additional Support Officers are needed, the Chairperson, Vice Chairpersons, and corresponding senior support officer, shall fill the vacancy by a system of interview and appointment.

C. Orientation of Support Officers by the Chairperson: The Chairperson of the Committee shall ensure that each support officer has been fully oriented as to the authority and procedures of the Committee.

D. Duties of Support Officers:

1.         An Investigator shall be responsible for the investigation of all complaints referred to him/her by the Chairperson and the Senior Investigator of the Judiciary Committee. In addition, the Investigator shall perform all other duties requested of him/her by the Chairperson with the advice and consent of a majority of the Committee.

2.         A Counselor shall be responsible for advising all clients referred to him/her by the Chairperson and the Senior Counselor of the Judiciary Committee. In addition, a Counselor shall perform all other duties requested of him/her by the Chairperson with the advice and consent of a majority of the Committee.

3.         An Educator shall be responsible for educating the University Community of all Judiciary Committee policies and procedures. In addition, an Educator shall perform all other duties requested of him/her by the Chairperson and/or the Senior Educator with the advice and consent of a majority of the Committee.

E.  Selection of Senior Support Officers: The incoming chairperson of the Committee shall appoint a Senior Counselor from among the incumbent Counselors, a Senior Investigator from among the incumbent Investigators, and a Senior Educator from among the incumbent Educators, to serve for one year. The Chairperson shall undertake these appointments with the advice of the incoming Vice Chairpersons and the outgoing Executive Committee, followed by a majority vote of the Committee. The Senior Counselor, the Senior Investigator, and the Senior Educator can be removed by a two-thirds vote of the Committee for mis-, mal-, or nonfeasance.

F. Responsibilities of the Senior Investigator, the Senior Counselor, and the Senior Educator: These "Senior Support Officers" shall have the following responsibilities:

1.         Ensuring that a support officer from their pool is available to all parties involved in a trial procedures.

2.         Coordinating assignment of Judiciary cases with the Committee Chairperson by assigning cases consistently among the relevant pool of Support Officers and by assuring that each Support Officer receives a complete assignment including complaint form, trial date, and other pertinent information.

3.         Supervising the performance of those duties assigned to the Support Officer in individual cases.

4.         Calling any Support Officer meetings that are deemed necessary and presiding over such meetings.

5.         Coordinating the Support Officer selection process for their pool by reviewing and redesigning, if necessary, the relevant test, administering and grading the test and interviewing prospective support officers in conjunction with the Executive Committee.

6.         Coordinating the orientation of new Support Officers for their pool by chairing the initial orientation meeting and assigning cases to new Support Officers under the supervision of old Support Officers.

7.         Working with and offering guidance to the subsequently appointed Senior Support Officer for their pool.

8.         Removing or replacing, after consultation with the Executive Committee, any Support Officer within their pool for mis-, mal-, or nonfeasance. The Support Officer may appeal this dismissal within one week to the Committee, which will affirm or overturn the dismissal by a majority vote.

G. Supervision of the Senior Support Officers: The Senior Investigator shall be supervised by, and coordinate efforts with, the Vice-Chairperson for Trials. The Senior Counselor shall be supervised by, and coordinate efforts with, the Vice-Chairperson for Trials. The Senior Educator shall be supervised by, and coordinate efforts with, the Vice-Chairperson for Trials and the Vice-Chairperson for Sanctions.

H.   Special Duties of the Senior Educator: The Senior Educator shall coordinate orientations for new students in all schools of the University. The Senior Educator will also coordinate public awareness initiatives and efforts to inform the University community about Committee practices and procedures.

I. Approval of New Procedures:   Counseling, investigatory, and educative procedures are subject to approval by a majority vote of the University Judiciary Committee.

J. Confidentiality to be Maintained By Support Officers:   All Support Officers shall discuss case details only with other Support Officers assigned to an individual case, the Senior Support Officer for their pool, any potential witnesses, both the accused and the complainant, appropriate university administrators, and the Executive Committee.  Information shall be provided to witnesses only on a need-to-know basis.  Case results shall not be provided to any non-party witnesses, except where the accused party has allowed for such release of information.

ARTICLE VI: TRIAL PROCEDURES

A. Timing and Notice of Trial:   When a complaint has been sent to the University Judiciary Committee, and the Committee has determined that it has jurisdiction, the Committee shall convene within a reasonable time for a trial of the accused. A complaint shall consist of a written summary of the offending incident including sufficient information to give the accused student notice of the accusation being made.  A request by the accused party for an open trial must be made at least five academic days in advance of the trial date.

B. General Rights of the Parties: The Complainant and the Accused (hereinafter "the parties") shall have the following rights:

1.         To be given reasonable notice of all charges and reasonable time to prepare for the trial.

2.         To a fair hearing, including the right:

a.         To representation of his/her own choosing from the student body of the University of Virginia.

b.         To present material witnesses and evidence on his/her behalf. (It shall be the responsibility of the student seeking to call such material witnesses at trial to have them available to testify on the date of trial.)

c.         To cross-examine witnesses brought by the opposing party at the trial.

C. Applicability of the Honor Code: All parties shall be informed that the Honor Code of the University of Virginia shall apply to all trial proceedings.  Furthermore, each witness shall be reminded before testifying that the rules and obligations of the Honor System apply to all testimony.  Failure to make such statements shall not render inapplicable the requirements otherwise imposed on University students by the Honor System.

D. Consultation with the Chairperson: The Investigator(s), the parties, and their respective Counsel, if any, shall have a right to meet with the Chairperson before the trial to discuss and clarify any pre-trial issues or concerns.

E. Composition of the Trial Panel and Challenges to the Trial Panel:   The trial panel shall be composed of five representatives, including the trial chair.  Additional Support Officers or Judges may be present at the trial to gain trial experience but will not take part in the trial.

1.         Either party may challenge any member of the trial panel for cause before the commencement of arguments in that trial. If the challenged member refuses to withdraw, the challenge may be sustained by a majority of the trial panel. If the challenge is sustained, the challenged member shall withdraw and take no further part in the proceedings.

a.         If the removed member of the trial panel is not the trial chair, the trial panel shall recess until a new panel member is found.

b.         If the removed judge is the trial chair, the trial panel shall recess until the Chairperson of the Committee appoints a new trial chair. 

            2.         If, during the trial, a member of the trial panel feels that his/her judgment regarding any question of guilt or sanction will be unduly biased, the member shall disqualify him/herself. The trial shall be recessed upon such event.

a.         If such member is not the trial chair, the trial chair shall appoint a new panel member who shall review all records of the proceedings.  The trial will reconvene at a time thereafter.

b.         If such member is the trial chair, a trial de novo shall be ordered.

F.  Right of the Accused to be Present : The accused shall have the right to be present at all trial proceedings at which evidence is presented. This requirement shall in no way be construed to deprive the Committee of its right to try an accused in absentia upon proper proof that the accused was given reasonable notice of the trial.

G.  Trial in Absentia and Registration Block:   The Committee has the right to proceed with the trial of a case even if a student has left the university or refused to cooperate in the scheduling of a trial. The Committee shall do its best to safeguard the rights of an accused student in such situations and shall provide reasonable notice of the trial and reasonable accommodation for the accused's scheduling and traveling needs.  The Committee may also request that the Registrar place a registration block on any accused student who leaves the university or fails to cooperate in efforts to schedule and hold a trial.

H. Duty of the Complainant to be Present : The complainant must make every effort to be present at all trial proceedings at which evidence is presented in order to fully inform the trial panel of the charges and evidence against the accused. Should the complainant be unable to appear, s/he should request a continuance from the Chairperson of the Committee, who may grant such an extension at his/her discretion. Failure to appear or to request a continuance may result in the dismissal of the charges at the discretion of a majority of the trial panel. 

I.  Pre-Trial Exchange of Information:   It is the responsibility of counsel for both the complainant and the accused to make every reasonable effort in good faith to exchange a list of anticipated witnesses and evidence (providing a copy to the UJC Investigator and the trial chair) at least five days before the trial. If the complainant intends to seek restitution, counsel for the complainant shall advise counsel for the accused about the general nature and extent of the restitution that might be sought at this time as well. For good cause shown, the trial chair may allow the introduction of individual witnesses or evidence not listed five days before the trial, in the chair's sole reasonable discretion.

J. Investigator's Report :  The Investigator's Report is produced by and for the Committee to provide the trial panel with a neutral pre-trial description of the facts and circumstances of a case prepared through the best efforts of the Investigator. The report is not a substitute for the trial that will create the formal record of fact before the UJC. The report is signed by the Investigator and shall indicate whether the parties have agreed to its findings.  It may not be appealed or challenged by any party. The Investigator's Report shall be filed no less than 48 hours before the trial.  Failure to do so shall not, at the discretion of the trial chair, constitute a cause for postponement or continuance of the trial.

K. Admission of Guilt: If the accused chooses to admit guilt, s/he should so indicate to the trial chair before the trial and reaffirm this desire at the beginning of the trial.

1.         The trial chair shall question the accused following an admission of guilt to ensure that the accused understands the consequences of his/her admission.

2.         If, in the opinion of the trial panel, the admission of guilt has been thoughtfully made in full awareness of the circumstances, the trial panel shall proceed to hear evidence concerning the sanction and to determine the sanction. Should the accused plead guilty to some, but not all, of the charges brought against him/her, the panel shall proceed with Trial For Guilt on the disputed standards. At the conclusion of the Trial For Guilt, Trial For Sanction will be held on all standards that the accused has been found guilty of violating

L. General Conduct of the Trial For Guilt and Trial For Sanction: The Trial For Guilt examines whether or not the accused is guilty of the charged offense. The Trial For Sanction is held to determine the proper sanction for those students found guilty of an offense. Each trial segment will begin with an opening statement by the complainant followed by a similar statement by the accused. Witnesses will be presented first by the complainant and then by the accused with the opportunity for each party to cross-examine the opposing party's witnesses, subject to the supervision of the trial chair. The complainant and the accused shall be given the opportunity to present all material witnesses, but it shall be the responsibility of the party offering a material witness to have that witness present and ready to testify at trial. Furthermore, in the Trial For Sanction, the accused shall be allowed to present, in person, a reasonable number of relevant character witnesses, subject to the supervision of the trial chair. After all evidence has been presented, final arguments will be presented by the complainant, followed by the accused.

M. Sequestration of Witnesses: At the request of either party, and with the consent of the trial chair, all witnesses shall be sequestered during trial proceedings. Sequestered witnesses shall not be present for the formal statement of charges, the formal submission of a plea, opening arguments, the presentation of cases, and the announcement of panel decisions. Witnesses shall be sequestered at a location or locations separate from the trial room. The trial chair shall instruct sequestered witnesses that they may not discuss the case.

N. Exclusion of Evidence: Any factual information offered as evidence, written or oral, which is highly prejudicial, plainly redundant, or clearly irrelevant shall be excluded by the trial chair during the trial. At no time prior to or during the trial on the question of guilt shall any evidence of the accused's past record be allowed. All other information offered as evidence shall be admitted and weighed by the trial panel.

1.         "Prejudicial" means that the information, if admitted, would unfairly bias the trial panel.

2.         "Irrelevant" means the information does not tend to prove any fact of consequence to the incident in question.

O. Panel Conference: The trial chair may at any time excuse the participants and spectators to call the Judges into conference.

P. Panel Deliberations on the Verdict and Process to Determine Sanctions: All parties will leave the trial room while the Judges deliberate the verdict. In reaching a decision, the trial panel may:

1.         Find the accused not guilty and the trial chair will recall the parties and announce and explain the verdict; or;

2.         Find the accused guilty and recall the parties to conduct a Trial For Sanction, which involves any new information pertaining to an appropriate sanction, including but not limited to evidence of past offenses by the accused.

3.         At the request of the accused, the trial panel shall dismiss all non-UJC officials from the trial room during the discussion of past offenses except for those persons that the trial panel finds were a party to the past offense being discussed. The complainant shall be present during discussion of all other information regarding an appropriate sanction. The trial panel shall then dismiss all participants to determine the sanction. The trial chair shall then recall the parties to announce and explain the sanction.

Q. Review By the Vice President for Student Affairs:   Except for cases appealed directly to the Judicial Review Board, the decision of the trial panel is automatically subject to review by the Vice President for Student Affairs, which the trial chair shall explain to the parties. The Vice President may affirm the decision of the trial panel or, if s/he believes the decision of the panel is not in the best interest of the University, s/he may: (a) remand the decision to the Committee for review, reconsideration or retrial with an explanation of why the Vice President believes the case warrants further action by the Committee; or (b) refer the decision directly to the University Judicial Review Board, or its successor body.

R. Appeal to the University Judicial Review Board: The trial chair shall inform the convicted student that s/he may appeal the verdict and/or sanction in writing to the University Judicial Review Board, or its successor body, within fourteen (14) calendar days of the date of the decision.  The decision of the Judicial Review Board is final.

VII: TRIAL ALTERNATIVES

A.  Hearing Panels : During any stage of the investigation of a case before the UJC or the First Year Judiciary Committee, a case may be heard informally before a hearing panel. Either party may request a hearing panel.

1.         A hearing panel is composed of the Chairperson of the Committee or one of the Vice Chairs and two other judges from the committee. The panel bases its decision solely on the Investigator's report. Neither party addresses the trial panel in person.

2.         Requirements for a case to be heard before a hearing panel are as follows:

a.         The accused must admit guilt and must be a first-time offender.

b.         The offense must be minor.

c.         Both parties must agree to have the case moved to the hearing panel.

3.         Despite the fact that a particular case appears to meet the criteria for a Hearing Panel set forth above, the hearing panel chair may deny any request for a hearing panel in his or her sole reasonable discretion.

4.         If at any time during the hearing, the hearing panel chair decides that a trial is needed to clarify facts, ensure fairness, or for any reason s/he deems appropriate, then a trial will be arranged.

5.         All committee by-laws concerning appeals and reviews by the vice-president for student affairs apply to the hearing panel.

B. Mediation: During any stage of the investigation, a case may be referred from the regular processes of adjudication and disposed of informally through a qualified mediation organization.

1. In order for a UJC or FYJC case to be referred to mediation:

a.         An actual complaint must be filed according to the UJC's guidelines.

b.         Either the accused or the complainant must request mediation in writing at least 72 hours before the scheduled trial.

c.         The party not requesting mediation must agree in writing to mediation and before the trial begins, file that agreement with the UJC.

d.         The accused must be a first-time offender.

2.         The decision to refer a UJC case to mediation will be at the discretion of the UJC Chairperson, and he/she may deny any request. The decision to refer a FYJC case to mediation will be at the discretion of the Vice-Chair for First Years, and he/she may deny any request.

3.         If the UJC Chairperson or Vice-Chair for First Years denies a request to refer a case to mediation, that decision can be reviewed by the Vice-President for Student Affairs if both the accused and complainant appeal the decision within 48 hours of notification of the denial or before a Trial For Guilt in that case begins, whichever comes first.

4.         In the event that the accused and complainant cannot agree on a resolution in mediation, the UJC procedures of investigation and adjudication will immediately resume. Such inability to agree shall be evidenced by the delivery to the UJC Chairperson, or in the case of FYJC to the Vice Chair for First Years, of a statement by either the accused or the complainant that a resolution through mediation will not be forthcoming.

5.         All mediation proceedings are confidential and all participants in a mediation session are subject to the same standards of confidentiality as apply to all UJC investigation and adjudication proceedings. Notwithstanding any other provisions below, evidence regarding a breach of confidentiality of any University Mediation proceeding may be admissible, consistent with these Bylaws, in either a Trial For Guilt, or a Trial For Sanction, or both.

a.         Participants in a mediation session, other than the accused and complainant, may not subsequently testify in a Trial For Guilt or Trial For Sanction in that same, or related case, if their knowledge of that case is based exclusively on their presence at a mediation session, or if their testimony can only reveal what they witnessed at a meditation session.

b.         No events, statements made, or facts presented during a mediation session may be discussed directly or indirectly during a Trial For Guilt or Trial For Sanction in that case or a related case. However, testimony related to the facts of a case may be presented by any witness whose knowledge of such facts does not originate from their involvement in a mediation session.

c.         During a Trial For Guilt or Trial For Sanction, the trial panel shall not be instructed, nor shall it be brought out in testimony, that a mediation session between the accused and the complainant was attempted or took place. Exception shall be made to allow objections to exclude evidence and information that is in violation of the above rules.

VIII: CONFIDENTIALITY

A.  Confidentiality: University Judiciary Committee proceedings are kept confidential to protect participants in its processes.

1.         The University Judiciary Committee may not release information regarding a current or former student's trial or sanction unless: (a) the individual in question explicitly authorizes, in writing to the Committee, the release of such information; (b) the information is necessary for readdressing a delinquent sanction, or to respond to allegations made publicly against the UJC, the University, or the officers or agents of either; (c) the information is required by another University agency or administrative office for the completion of its delegated mission; or, (d) the information is needed to fulfill the requirements set forth in Article IV.

2. The Committee retains discretion as to what, if any, information it releases.

3. An accused in a University Judiciary Committee case maintains the right to discuss any information regarding his/her case with any person, except where the case in question involves a breach of confidentiality.  Under such cases procedures established in the University Judiciary Committee Constitution shall supersede the accused's right.

4.         A complainant in a University Judiciary Committee case shall not discuss any information with any person, except support officers assigned to the case in which the complainant is party to, any potential witnesses in the case, appropriate university officials, and the Executive Committee.  The complainant is responsible for this burden of confidentiality when the complaint is filed.

ARTICLE IX: SANCTIONS

A. Authority of the Committee to Impose Sanctions: The University Judiciary Committee has the authority to impose sanctions, with the concurrence of the Vice President for Student Affairs, on any student found guilty of violations of the Standards of Conduct pursuant to Article II, section A. of the Constitution. When determining the sanction(s), the Committee shall consider each case on its merits, but any member of the trial panel may, but need not, refer to available Committee precedent compiled under the supervision of the Chairperson. The Committee may, at its discretion, and with the concurrence of the Vice President for Student Affairs, impose any sanction(s) that it deems appropriate and just. Possible sanctions include but are not limited to the following:

1.         Admonition: An oral statement to a student that s/he is violating or has violated a Standard of Conduct.

2.         Warning: A notice, in writing, that continuation or repetition of misconduct, within a stated period of time, may be cause for more severe disciplinary action.

3.         Reprimand: A written censure for violation of the specified Standards of Conduct, placed in the student's record, including the possibility of more severe disciplinary sanctions should another violation occur within a stated period of time.

4.         Disciplinary Probation: Exclusion from participation in privileged or extracurricular University activities as set forth in the notice of probation for a period of time not exceeding two academic semesters.

5.         Restitution: Reimbursement for damage to or misappropriation of property, or damage or harm to any person.

6.         Fine: A monetary punishment no lower than $10.00 and no higher than $100.00.

7.         Work Sanctions: Service performed for the benefit of the University community.

8.         Suspension: Exclusion from classes and other privileges or activities or from the University, as set forth in the notice of suspension, for a definite period of time.

9.         Expulsion: Termination of student status for an indefinite period. The conditions of readmission, if any, shall be stated in the order of expulsion.

B. Sanctions Held in Abeyance: The Committee may, at its discretion, hold any sanction in abeyance, of which the conditions shall include the following:

1.         An explicit description of the sanction held in abeyance.

2.         An explicit description of the conduct that will activate the sanction.

3          A specification of the time period, which may be indefinite, during which the sanction shall be held in abeyance.

4.         A sanction held in abeyance shall not be automatically enacted without review by a subsequent trial panel.

C. Commencement of Sanctions: Following trial, the sanction shall be announced and explained to the student(s) and/or student group(s) found guilty.  Said individual(s) and/or group(s) shall not be required to begin his/her/their sanction(s) until the decision of the trial panel has been affirmed by the Vice President for Student Affairs or otherwise finalized. Such individual(s) and/or group(s) may, however, choose to begin his/her/their sanction(s) before the decision of the trial panel has been finalized.

D. Compliance with Sanctions: If the Vice Chairperson for Sanctions has reason to believe that a student sanctioned by the UJC has violated the terms of his or her sanction, the following procedures shall take effect:

1.         The Vice Chairperson for Sanctions shall contact the sanctioned student in writing to inquire into the status of the sanction. The sanctioned student shall be advised in writing that failure to respond to the inquiries of the UJC concerning the status of the sanction may result in suspension of the sanctioned student. The Vice Chairperson Sanctions may also contact other persons or institutions appropriate and necessary to determine the status of the sanction.

2.         If the sanctioned student fails to respond to the UJC within fourteen academic calendar days of the Vice Chair for Sanctions inquiry, the sanctioned student shall be suspended.

3.         If the sanctioned student advises the Vice Chairperson for Sanctions that he/she does not believe that the terms of his or her sanction were violated, then a Sanction Evaluation Hearing shall be convened to address the alleged violation of the terms of the sanction. A Sanction Evaluation Hearing shall take the form of a UJC trial except that the role of the complainant shall be served by either the Vice Chairperson for Sanctions or the individual or individuals who first advised the Vice Chairperson for Sanctions of the potential violation of the terms of the sanction. All other provisions concerning participants' rights, responsibilities, and procedures shall apply.

4.         If the sanctioned student admits to the Vice Chairperson for Sanctions that he or she violated the terms of his or her sanction or is otherwise unable to complete his or her sanction, the Vice Chairperson for Sanctions shall recommend measures to respond to the violation of the terms of the sanction to the UJC executive committee. These measures shall take effect through the concurrence of 3/4 of the voting members of the executive committee.

5.         The measures recommended by the Vice Chairperson for Sanctions in section (4) may include:

a.         The extension of deadlines for completion of sanctions,

b.         The revision of the terms of the sanction in a manner consistent with the original substance and intent of the sanction,

c.         The imposition of additional measures as appropriate to the violation of the terms of the sanction.

6.         In addition to the conditions set forth in above, a Sanction Evaluation Hearing shall be convened if any of the following conditions are met:

a.         3/4 of the voting members of the UJC executive committee do not concur on a recommendation for measures to address a violation of the terms of a sanction.

b.         The sanctioned student rejects the measures imposed by the executive committee.

c       The Vice Chairperson for Sanctions declines to recommend        measures to address a violation of a sanction.

7.         If an alleged violation of the terms of a sanction also involves an alleged violation of the standards of conduct and a complaint has been filed, the new complaint shall take precedence and the procedures prescribed in the article shall be suspended until the conclusion of the proceedings in the new case.

ARTICLE X: REVIEW AND APPEAL FROM FIRST YEAR JUDICIARY COMMITTEE

A. Review and Appeal

1.         The Chairperson of the University Judiciary Committee shall automatically review the judicial decisions of the First Year Judiciary Committee ("FYJC").

2.         A student or student group found guilty by the FYJC may request an appellate hearing to show cause within two weeks after the FYJC has rendered its decision.

a.         The University Judiciary Committee will entertain motions for appeal on one or more of the following grounds:

(1)        The appellant did not receive a fair trial below because the FYJC's actions violated the Constitutional or procedural rights of the accused.

(2)        The penalty imposed by the FYJC was grossly inappropriate with respect to the offense.

(3)        Evidence that was not previously available is produced that, in the opinion of the appellate hearing panel, could have had a material effect upon the original proceeding.

b.         The appellant shall bear the burden of demonstrating that it is more likely than not that one or more of these grounds is pertinent.

c.         When an appeal is requested in a timely fashion based on an appropriate ground, the Chair or one of the Vice Chairs and two other judges from the Committee shall convene an appellate hearing panel within a reasonable time.

d.         In an appellate hearing the appellant and the appellee shall have a right to be heard, and the panel shall examine the record below.

e.         A member of the FYJC whose decision is being appealed must be present before the appellate hearing panel for information purposes.

f.          Following an appellate hearing, the panel may do any of the following:

(1)        Affirm the original decision of the FYJC .

(2)        Order a sanction hearing to be held according to the procedures set out in Article VI of the by-laws.

(3)        Order a trial de novo to be held according to these By-Laws.

g.         In the event that the Committee shall grant an appeal, whether through the Chairperson or following an appellate hearing to show cause, the Chairperson shall convene a panel composed of five representatives, sitting as a trial de novo.

h.         Whether the appellate panel accepts the original determination of the lower judicial body or orders a trial de novo, the decision will be referred to the Vice President for Student Affairs who may affirm the decision, or if s/he feels that the decision is so inappropriate that it is not in the best interest of the University:

(1)        If no second trial was held, s/he may remand the case to the University Judiciary Committee within two weeks after its review decision.

(2)        If a second trial was held, s/he may refer the case to the University Judicial Review Board, or its successor body, for final resolution.

B. Appeals of Interim Suspension Imposed by University Authorities

1.         Any student who has received the sanction of interim suspension from a University official is entitled to request a hearing within seventy-two hours after being suspended. To the extent possible, the University Judiciary Committee or its designated subcommittee shall endeavor to hold the hearing within twenty-four hours of the request and in any event no later than five (5) academic days from the making of the request.

a.         If the student is unavailable, the hearing may be postponed until s/he is able to attend.

b.         The interim suspension trial panel shall be composed of five representatives who shall conduct the trial according to these By-Laws.

c.         Should interim suspension be found to be without probable cause, any notation of the suspension shall be stricken from the student's record.

ARTICLE XI: SPECIAL PROCEDURES

A. Sexual Assault Procedures

1.         The University Judiciary Committee shall not conduct trials involving complaints of sexual assault or any other violation of a Standard of Conduct in circumstances where the complaints originate from the commission of a sexual assault and subsequent or related proceedings. The University Sexual Assault Board, or its successor body, has original jurisdiction in these cases.

2.         The University Judiciary Committee, in cooperation with other judicial bodies and the Dean of Students, shall investigate any complaints of sexual assault and submit the findings of such investigations to the Office of the Dean of Students.

3.         The Dean of Students shall prepare a formal report on the complaint, noting whether and how the complaint has been resolved. If the complaint is unresolved and the report's findings indicate probable cause that the act occurred, the report shall be forwarded to the University Sexual Assault Board, or its successor body where sanction, if any, will be imposed.

B. Psychiatric Procedures : 

1. Before or during a Judiciary Committee trial, a case may be forwarded to the Office of the Dean of Students for any of the following reasons:

a. The accused presents credible information supporting a belief that s/he is unable to stand trial due to a psychological disorder.

b. The complainant feels that the accused is unable to stand trial due to a psychological disorder.

c. A majority of the trial panel, if a trial is in progress, or the Executive Committee, feels that the accused is unable to stand trial due to a psychological disorder.

2.         The case shall be handled in accordance with procedures outlined by University authorities.

C.        Hazing : 

1.         The University Judiciary Committee adjudicates cases of hazing arising under Unive rsity regulations and the University's Standards of Conduct.

2.         The University Judiciary Committee also adjudicates cases that involve potential violations of the Virginia State statute on hazing (Virginia Hazing, Civil and Criminal Liability, Code of Virginia, 18.2-56).

3.         A student charged with hazing involving bodily injury shall be given notice that the University is mandated to report any student found guilty of hazing so as to cause bodily injury to the Attorney for the Commonwealth.

ARTICLE XII: AUTONOMOUS SUBCOMMITTEES AND ORGANIZATIONS

A. Student Legal Defense Fund

1.         The University Judiciary Committee shall oversee the operation of the Student Legal Defense Fund.

2.         The Chairperson of the Student Legal Defense Fund shall be selected through an interview process by a panel consisting of the newly elected Chairperson and Vice Chairpersons of the University Judiciary Committee and the former Chairpersons of the Student Legal Defense Fund. This panel shall then make a recommendation to the entire University Judiciary Committee for final approval by a majority vote.

3.         When no candidate receives support from a majority of the panel, the panel shall present nominations to the full University Judiciary Committee for a final decision.

4.         In any situation, the final decision of the University Judiciary Committee shall be made not less than three weeks prior to the end of the spring semester.

5.         The Chairperson of the Student Legal Defense Fund shall make periodic reports to the Chairperson of the University Judiciary Committee concerning the progress of the Student Legal Defense Fund. The Chairperson of the Student Legal Defense Fund shall submit an annual report of the committee's progress to the University Judiciary Committee not less than four weeks prior to the end of the spring semester.

B. University Mediation Services

1.         The University Judiciary Committee shall oversee the University Mediation Services

2.         The University Mediation Services shall be governed by the Constitution and By-Laws of the University Mediation Services, except when in conflict with the Constitution and By-Laws of the University Judiciary Committee. In case of conflict, the Constitution and By-Laws of the University Judiciary Committee shall be considered the supreme document.

3.         The Coordinator of the University Mediation Services shall make periodic reports to the Chairperson of the University Judiciary Committee concerning the progress of the University Mediation Services. The Coordinator of the University Mediation Services shall submit an annual report of said organization's progress to the University Judiciary Committee not less than four weeks prior to the end of the spring semester.

ARTICLE XIII: QUORUM

A. Q uorum Requirements: A majority of the current representatives of the Committee shall constitute a quorum for all purposes, except that:

1.         For all trials and appeals and hearings, except for hearings involving the Committee's special procedures, five representatives shall constitute a quorum.

2.         In cases where the Committee's special procedures are invoked, three representatives shall constitute a quorum.

B. Approval of Quorum Required: Once a quorum is present, approval of any question shall require the consent of a majority of those present except as otherwise specified in the University Judiciary Committee Constitution or By-Laws.

ARTICLE XIV:  AMENDMENT AND EFFECTIVE DATE

A. These Articles may be ratified, altered, amended or revoked by a vote of two thirds of the entire membership of the Committee. Minor grammatical changes may be implemented as provided in Article IV A. 3.

B. Cases tried before the end of the 2002-03 academic year shall be tried under existing UJC Bylaws and procedures. Cases filed after the effective date of these bylaws (March 22, 2003) and tried on or after the first day of August of 2003, shall be heard under these new Bylaws and procedures.

C.  All amendments subsequent to the effective 2003 date of these Articles shall be specifically recorded in this section, with the amended provision and date noted. (E.g. On ____(date) Article __, section___ was amended.)

Amendments: 

• On August 31, 2003, the Committee changed sections VI, Q and R.

Exhibit "A"

Sample Special Athletic Event Misconduct Procedures

1.         The Athletic Department has set forth policies to be followed by all students in regards to athletic events and facilities.

a.         A student may not let another person use his/her University I.D. for any purpose;

b.         A student may not sell a ticket for any athletic event at home or away;

c.         All students must abide by the safety regulations for athletic facilities;

d.         All students must abide by the guidelines detailed in the University Student Athletic Information brochure, including, but not limited to, rules governing the use of alcohol at athletic events.

2.         In the event an official representing the university notifies a student that s/he is considered in violation of Athletic Department policies, the student's name shall be submitted to the Office of the Dean of Students.

3.         The Office of the Dean of Students ("DOS") shall meet with the accused student. During this meeting the parties shall discuss the events that occurred involving the alleged violation. If it is decided that the student is in violation of the Athletic Department's rules and regulations and it is agreed to expedite the trial process, the student and DOS shall sign a written summary of the events involving the incident in addition to complaint form. The student and DOS shall also sign a document describing the intent to pursue an expedited trial process with the understanding that their rights and responsibilities are equivalent to those of a Hearing Panel, as stated in Article VI Section V.

4.         During the meeting between the accused student and DOS, or at anytime prior to the hearing panel, the accused student has the right to request a trial. DOS maintains this right to trial as well. If such request is made, DOS may file the case under the normal trial procedures.

5.         The Executive Committee reserves the right to conduct normal trial procedures on any case involving Athletic Department rules violations.

6.         If the Executive Committee approves the filed case for an expedited trial, the signed summary of events and the standard complaint form will be used in place of an investigators report. A standard hearing panel shall adjudicate the case.

7.         The sanction given by the hearing panel will be subject to the standard sanctioning guidelines. The accused student shall maintain his/her right to appeal the sanction given by the Judiciary Committee.

Sample Special Fire Safety Rules Procedures

1. If a student has allegedly violated the fire safety rules concerning University housing, as stated in the record, an official from the Office of Fire Safety shall contact such student.

2. The Office of Fire Safety ("OFS") shall meet with the accused student and discuss the alleged violation.  If it is decided that the student is in violation of the fire safety rules and it is agreed to expedite the trial process, the student and OFS shall sign a written description of the violation in addition to a complainant form.  The student and OFS shall also sign a document describing the intent to pursue an expedited trial process with the understanding that their rights and responsibilities are equivalent to those of a hearing panel, as stated in Article VI Section V.

3. During the meeting between the accused student and OFS, or at any time prior to the hearing panel, the accused student has the right to request a trial.  OFS may maintain this right to trial as well.  If such request is made, OFS may file the case under normal procedures, as stated in Article VI.

4. The Executive Committee reserves the right to conduct normal trial procedures on any case involving fire safety rules violations.

5. If the Executive Committee approves the filed case for an expedited trial, the signed summary of events and the complainant form shall be used in place of an investigator's report.  A standard hearing panel shall then adjudicate the case.

6. The sanction give by the hearing panel will be subject to the standard sanctioning guidelines, as stated in Article VII.  The accused shall maintain his/her right to appeal the sanction given by the Judiciary Committee.