UJC Constitution

ARTICLE I: PURPOSE AND DERIVATION OF AUTHORITY

The Judiciary Committee, acting under the authority delegated to it by the student body and the President of the University, shall uphold and promote those principles of civility and self-discipline that are appropriate to the conduct of an academic community

ARTICLE II: JURISDICTION

A. Original Jurisdiction

1. The Judiciary Committee shall investigate and hear complaints of student misconduct, as defined in the Standards of Conduct adopted by the Board of Visitors in October 1970. Complaints may be filed by any individual or group. Also, the Dean of Students 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. Appellate Jurisdiction

1. The Chairman of the Judiciary Committee shall review all decisions of lower judicial bodies. On the basis of this review, the Chairman may affirm the decision of the lower judicial bodies, order a hearing to determine the propriety of the sanction imposed, or order a trial de novo before the Judiciary Committee.

2. The Judiciary Committee shall hear appeals from its lower judicial bodies when requested within a reasonable time by a student or student group convicted by a lower judicial body.

3. The Judiciary Committee shall have all other appellate jurisdiction conferred upon it by University authorities which does not conflict with section D of this Article.

C. Non-exercise of Jurisdiction

When a majority of Committee members determine that more cases are pending before the Committee than it can handle effectively, the Committee may, within its discretion, refer cases to the Vice President for Student Affairs for disposition.

D. Jurisdiction Restrictions

The Judiciary Committee shall not have jurisdiction over:

1. persons who are determined under procedures adopted by the President of the University to have psychological problems;

2. violations of University motor vehicle regulations;

3. tuition and scholarship agreements and contractual disputes between students and the University;

4. the Student Council or the Honor Committee;

5. the exercise of journalistic and editorial functions by student groups; and

6. allegations of sexual assault, except that the Judiciary Committee shall investigate allegations of sexual assault and forward its findings to the Dean of Students.

E. Administrative Jurisdiction

1. The Judiciary Committee shall implement all administrative procedure conferred upon it by University authorities.

2. The Committee shall oversee the operations of all autonomous subcommittees placed within the Judiciary System by University Authorities.

ARTICLE III: POWERS

A. The Judiciary Committee shall investigate and hear all complaints referred or appealed to it in order to determine whether the accused is guilty of student misconduct as defined by University authorities.

1. Complaints must be filed with the Committee within 45 calendar days of the time the complainant first knew or should have known the identity of the alleged offender.

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-third vote, having taken into consideration all aggravating and mitigating circumstances.

1. Any violation of the University Standards of Conduct motivated by the age, color, disability, national or ethnic origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status of the victim will be deemed an aggravating circumstance, and will result in a more serious sanction up to, and including, expulsion from the University.

C. The Judiciary Committee may temporarily enjoin any student or student group from engaging in specific conduct when circumstances are sufficiently serious to warrant injunction.

1. A temporary injunction shall require the approval of the Chairman and all Vice Chairmen of the Committee.

2. Following the imposition of a temporary injunction, the Committee shall investigate the conduct of the accused and conduct a hearing within a reasonable time, not to exceed one week after the complaint was filed, in order to determine whether the enjoined activity constitutes prohibited conduct within the jurisdiction of the Judiciary Committee.

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

E. The Judiciary Committee shall have the authority to select such support officers as a majority of the Committee determines are necessary in order to address effectively allegations of student misconduct.

F. The Judiciary Committee shall have the authority to establish lower judicial bodies necessary for the effective operation of the University's Judiciary System with the advice and consent of the appropriate University authorities, and may delegate its authority to investigate and hear complaints of student misconduct to such bodies as specified in the Committee's By-Laws.

ARTICLE IV: RIGHTS

A. No student accused of a violation within the jurisdiction of the 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 following rights:

1. To be given a written summation of charges against him;

2. To be given reasonable notice of and reasonable time to prepare for a hearing before the Committee;

3. To be given the name(s) and the right to confront his accuser(s);

4. To be informed of the nature of the evidence to be used against him;

5. To refuse to give any statement which he feels may incriminate him during the investigation or trial;

6. To have all personally identifiable information relating to the investigation and trial kept confidential.

7. To a fair hearing, including the right:

a. To plead not guilty; or to plead guilty in which case the hearing will proceed directly to a hearing of evidence to determine an appropriate sanction;

b. To have all proceedings against him held publicly or privately at his election; except in those cases where the alleged offense involves a breach of confidentiality. The Committee shall have the authority to establish guidelines for an open hearing.

c. To representation of his choosing from the student body of the University of Virginia;

d. To be heard in his own defense, if he so desires;

e. To present witnesses and evidence on his own behalf;

f. To confront and cross-examine witnesses against him;

g. To challenge any conduct during the proceedings that may prejudice any of the foregoing rights or to challenge any judge of the trial panel;

h. To be given written notice of the Committee's final decision.

C. Every student found guilty by the Judiciary Committee of a violation of the Standards of Conduct shall have access to a record of the proceedings against him and shall have the right to appeal a final decision to the University Judicial Review Board within two weeks after the Judiciary Committee has rendered a decision. In cases where the Committee imposes the sanction of expulsion, the accused shall have the right to make final appeal to the Board of Visitors within two weeks after the University Judicial Review Boardhas rendered a decision.

D. Should the complainant choose to withdraw his complaint or should an accused student 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 Judiciary Committee shall be composed of three representatives from the College of Arts and Sciences and two representatives from each of the other separate schools of the University.

B. The members of the Committee shall be elected in the spring semester of each academic year to serve a one year term. If at any time a school has fewer than two representatives, the Committee shall fill the vacancy through a process of interview and appointment. The Chairman of the Committee shall interview prospective candidates and recommend a candidate to the full Committee. Committee approval shall require a two-thirds vote of the current representatives.

C. To be eligible to be a candidate for election to the Judiciary Committee an undergraduate student must have completed or be in the process of completing three semesters of work toward a degree while graduate students must have completed one semester of work. Each candidate for election shall be in the process of completing at least two full semesters of work in his particular school. No student on probation may be a candidate for election. If after election a member of the Committee is placed on probation his office shall become vacant.

1. A candidate for election to the Committee also shall comply with all qualification set forth in the By-Laws.

2. The University Board of Elections or its successor body shall have the power to regulate University Judiciary Committee elections.

3. For purposes of this constitution, a student is defined as a full-time student subject to full tuition and/or fees.

D. Representatives to the Judiciary Committee shall serve as judges and shall perform such other duties as the By-Laws may require.

ARTICLE VI: OFFICERS

A. The Committee shall elect from among its members a Chairman who shall preside over the administration of the Committee, its meetings and trials.

B. The Committee also shall elect from among its members such Vice Chairmen as a majority of the Committee shall determine are necessary for the effective operation of the Committee.

C. The election of officers shall take place no sooner than three weeks after the election of representatives in the Spring semester of each academic year. New members of the Committee shall be thoroughly oriented before the election of officers.

D. The officers shall fulfill all duties and responsibilities set forth in the Committee's By-Laws.

ARTICLE VII: IMPEACHMENT

A. Impeachment proceedings may be instituted against any member of the Committee by the submission of a petition signed by at least half of the sitting representatives for mis-, mal- or non-feasance.

B. Following the submission of a valid impeachment petition, the accused representative shall be afforded the opportunity to defend his actions before the full 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 Committee shall be necessary to vacate the office of the impeached member.

ARTICLE VIII: BY-LAWS

A. The Judiciary Committee may adopt by an affirmative vote of at least two-thirds of the entire Committee such By-Laws as shall not be in conflict with this Constitution.

ARTICLE IX: AMENDMENT

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

1. by written petition of five percent of the full-time student body, submitted to the Judiciary Committee, or

2. by a two-thirds vote of the entire Committee.

B. The proposed amendment must be ratified by a vote of the full-time student body at any regularly scheduled election. Approval of any amendment shall require at least two-thirds vote of those full-time students voting, providing that at least ten percent of full-time students vote on the proposed amendment.

ARTICLE X: RATIFICATION

This constitution may be ratified by a majority of those full-time students voting on February 24-25, 1987 and shall become effective immediately thereafter.