UMR Greek Judicial Board Rules of Operation
(Last Revision: December 6, 2005)
SECTION I -
DEFINITIONS
SECTION II -
JUDICIAL PROCEDURES AND CODE OF CONDUCT
ARTICLE I -
PURPOSE OF THE JUDICIAL BOARD
ARTICLE II -
ETHICAL EXPECTATIONS OF THE JUDICIAL BOARD
ARTICLE III - MEMBERSHIP OF THE JUDICIAL BOARD
ARTICLE IV -
SELECTION PROCESS FOR MEMBERSHIP
ARTICLE V -
DISMISSAL PROCESS FOR JUDICIAL BOARD MEMBERS
ARTICLE VI -
REPORTING/REFERRAL PROCESS OF INCIDENTS
ARTICLE VII -
PRE-JUDICIAL HEARING PROCEDURES
ARTICLE VIII -
DUE PROCESS RIGHTS OF INDIVIDUALS/CHAPTERS
ARTICLE IX -
JUDICIAL HEARING PROCEDURES
ARTICLE X -
POST-HEARING PROCEDURES
ARTICLE XI -
APPEAL PROCESS
ARTICLE XII -
DEFINITION OF POSSIBLE SANCTIONS
ARTICLE XIII -
COMPLETION OF SANCTIONS
ARTICLE XIV -
AMENDMENT PROCESS
SECTION I
DEFINITIONS
IFC - Interfraternity Council of the University of Missouri-Rolla
Panhel - Panhellenic Council of the University of Missouri-Rolla
Greek Letter Organization - any organization recognized by and giving voting representation on either the Interfraternity Council or Panhellenic Council of the University of Missouri-Rolla.
IFC/Panhellenic Vote - a joint vote of the IFC and Panhel where each recognized organization on the IFC is given two (2) votes and each recognized organization on the Panhel is given four (4) votes
University - University of Missouri-Rolla
Referring Party - the organization that is bringing charges against another organization
Referred Party - the organization that is being charged
Judiciary Chair – the member of the Judiciary Chair that will oversee all meetings and proceedings of the board. They will be responsible for all mediation of incidents. They will also be in charge of informing all parties of the incident.
Judiciary Assistant Chair – the member of the Judiciary Board that will fill the position of Chair upon the end of the current Chair's term. They will set up all meeting locations and times. They will also act as Chair in the event of a conflict of interest for the Chair in an incident.
Secretary – the member of Judiciary Board that will keep all minutes of meetings and up to date copies of all codes and constitutions needed for the operation of the board. They will be responsible for assisting the Chair in keeping up to date files on all proceedings of the Board. They will be in charge of the sanctions file.
Judicial Board Officers – this includes the Chair, Assistant Chair, and Secretary of the Judicial Board.
Judicial Board Advisors – the IFC Vice President of Risk Management and the Panhellenic Vice President of Risk Management will setup meetings of the Judicial Board and oversee operations.
Executive Council – this consists of the Judiciary Chair, Judiciary Assistant Chair, and the Secretary
Presidents – The presidents of all the fraternities and sororities.
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SECTION II
JUDICIAL PROCEDURES AND CODE OF CONDUCT
ARTICLE I.
PURPOSE OF THE JUDICIAL BOARD
Section A.
To serve as the self-disciplining board of the Greek Letter Organizations.
Section B.
To act as an advisory board to the University should a Greek Letter Organization or member violate University Policy
Section C.
To recommend action from a students point-of-view
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ARTICLE II.
ETHICAL EXPECTATIONS OF THE JUDICIAL BOARD
Section A.
To maintain a fair level of order between Greek Letter Organizations
Section B.
To act as a responsible liaison between the University and Greek Letter Organizations in times of dispute.
Section C.
To treat all Greek Letter Organizations with the same level of respect and responsibility and to recognize the University as the governing body of all Students regardless of Greek affiliation.
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ARTICLE III.
MEMBERSHIP OF THE JUDICIAL BOARD
Section A.
The Judicial Board shall consist of one member from each of the Greek Letter Organizations.
Section B.
The term length for Judicial Board members shall be two (2) semesters.
Section C.
Eligible members must be affiliated with a Greek Letter Organization for at least three semesters.
Section D.
No Judicial Board member shall be an active member of the IFC or Panhel
Section E.
Each Judicial Board member will be chosen at a date set by the Judicial Board Advisors, such that the members will be ready to serve the following semester.
Section F.
The Greek Advisor and the Assistant to the Vice Chancellor of Student Affairs will serve as ex-officio members of the judicial board.
Section G.
The Judicial Board Advisors will oversee the Judicial Board to ensure that the Board is operating according to the Greek Judicial Board Code and will also set up meetings.
Section H.
The Judiciary Chair will oversee the Judicial Board to ensure that the Board is operating according to the Greek Judicial Board Code and will also set up meetings
Section I.
The Student Life Staff and the relinquishing Judiciary Chair will hold no less than one training meeting and one mock trial within the first month of election of new members (the last month of the semester) with the Judicial Board at a given time set up by the Judicial Board and ex-officio members. These meetings will be required and excuses must be written to the Judicial Chair if any member is to be absent.
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ARTICLE IV.
SELECTION PROCESS FOR MEMBERSHIP
Section A.
Eligible students may be nominated by their respective houses and approved through a process set out by the Judiciary Board. The general guidelines of this process are stated here.
Section B.
Each Greek Letter Organization requiring representation shall submit one (1) nomination to the Judiciary Chair one month before the end of the semester (November in Fall Semester, April in Spring Semester)
Section C.
Nominations will be reviewed during the next regularly scheduled Chapter Presidents meeting.
Section D.
The Presidents must approve all nominations by a 2/3 vote.
Section E.
If a nomination is rejected the respective house must submit a new nomination by the Sunday preceding the next regularly scheduled Presidents meeting.
Section F.
The selection of Judicial Board Officers will be done by the incoming Judicial Board and requires the approval of both IFC and the Panhellenic Council by a 2/3 vote.
Section G.
In the event that a Judicial Board member can not fulfill his/her term, a new representative will be chosen by the respective house and then require the approval of the Presidents.
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ARTICLE V.
DISMISSAL PROCESS FOR JUDICIAL BOARD MEMBERS
Section A.
Charges against the ethics of any Judicial Board member may be brought to the attention of the Greek Advisor by any UMR student or employee.
Section B.
The Greek advisor must make a decision on whether or not to hold a hearing within two (2) weeks of being notified of the charges.
Section C.
If the Greek advisor determines that the charges warrant a hearing, it must be held within two (2) weeks of the decision by the officers to hold the hearing.
Section D.
The member pressing the charges may choose to have representation in presenting his or her case
Section E.
The Judicial Board member being charged will defend his or her case or may choose to have representation in presenting his or her case.
Section F.
The Chapter Presidents will act as a hearing board in the dismissal hearing.
Section G.
The IFC and Panhellenic Presidents will run the dismissal hearing.
Section H.
A two-thirds (2/3) majority Chapter Presidents vote is necessary to remove a Judicial Board member from the Judicial Board.
Section I.
If removed from office, a new board member must be chosen within fifteen (15) class days of the removal.
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ARTICLE VI.
REPORTING/REFERRAL PROCESS OF INCIDENTS
Section A.
A formal report of the incident must be made to the Judicial Board through the Greek Advisor.
Section B.
A formal report must consist of the Judicial Complaint Form and a detailed written description of the incident signed by the referring party. The Judicial Complaint Form can be found at www.umr.edu/~jboard/report.html
Section C.
Incidents occurring outside of the constraints of the fall or winter academic semester shall have a statute of limitations of seven (7) class days into the next academic semester, excluding summer academic term.
Section D.
For the IFC recruitment rules and sanctions refer to the IFC recruitment rules located in the Judicial Board folder in the Greek Life Office. For Panhellenic recruitment rules and sanctions refer to the NPC Green Book located in the Greek Life Office.
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ARTICLE VII.
PRE-JUDICIAL HEARING PROCEDURES
Section A.
At the start of each academic term, chapter presidents and council delegates are provided with written Judicial Board procedures, and educated regarding their application.
Section B.
Charges must be brought to the attention of Judiciary Chair as specified in Article six (6), sections A and B. The Judiciary Chair must inform the referred student(s)/chapter(s) within twenty-four (24) hours of receiving the charges.
Section C.
The Judiciary Chair, Judiciary Assistant Chair, Secretary and a representative from each party will meet within seven (7) class days of receiving the charges for mediation purposes. The Judiciary Assistant Chair will set up a time and place for mediations. If all of the parties involved reach a unanimous agreement, then the charges will be dismissed. In the event that an agreement cannot be reached, the Judiciary Char will bring the charges before a meeting of the Judicial Board within (7) class days of mediation. The Judiciary Chair will inform the Greek Advisor of the outcome of mediation.
Section D.
The Judicial Board may request additional information from the referring party.
Section E.
If a police report is filed then the mediation is void and the charges go straight to a hearing. However based on a case by case situation the J-board may review the case and decide that it may go to mediation rather than a hearing. The J-Board must meet within the given seven (7) days to make this decision. This option is automatically void if there is a death, serious accident, or hazing incident involved; in which mediation is not an option and there must be a hearing.
Section F.
At the Pre-hearing, the Judicial Executive Council will decide whether or not to bring the charges to a hearing within seven (7) class days of receiving the charges. A simple majority of the Executive Council is required to bring the charges to a hearing. Otherwise, charges will be dismissed.
Section G.
The Assistant Judicial Board Chair will set an initial hearing date within twenty-four (24) hours of the Judicial Board Executive Council's decision to hold a hearing as specified in Article VII, Section E.
Section H.
The involved individual(s)/chapter(s), Greek Advisor, Campus Judicial Officer, and Chapter Advisors will be notified by the Judiciary Chair of the charges, who brought the charges, the identity of both the referring and referred parties, the judicial procedures, and the hearing time and date, in writing within forty-eight (48) hours of the Judicial Executive Council decision to move forward with the hearing.
Section I.
Each and all Judicial Board members whose interests might interfere with the hearing will be deemed ineligible to vote or deliberate at the hearing.
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ARTICLE VIII.
DUE PROCESS RIGHTS OF INDIVIDUALS/CHAPTERS
Section A.
Involved parties have the right to choose a representative to present their case.
Section B.
The referred student(s)/chapter(s) have the right to be notified of charges raised against them within twenty-four (24) hours.
Section C.
The referred student(s)/chapter(s) have the right to make a one-time request to re-schedule the hearing date up to forty-eight (48) hours before the scheduled hearing.
Section D.
The referred student(s)/chapter(s) have the right to be notified of the decision of Judicial Board as well as the appeals process within seven (7) days after the hearing.
Section E.
Any involved student(s)/chapter(s) have the right to decline to bare witness against themselves.
Section F.
The parties involved in a dispute have the right to a confidential hearing with only the referred and referring party, their representative(s), and the Judicial Board present.
Section G.
Past Greek Letter Organizations offenses are not considered when determining responsibility.
Section H.
Past offenses will be considered when deliberating sanctions. Those past cases will be kept updated by the secretary, and put into a file which will be stored in the Student Life office.
Section H.1.
The sanction file will be confidential, and only viewed and/or used for the sanctions. Similar cases may be examined during training.
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ARTICLE IX.
JUDICIAL HEARING PROCEDURES
Section A.
The Judicial Board Secretary will keep a complete written record of the hearing.
Section B.
The Judiciary Chair will formally charge the referred individual(s)/chapter(s) at the beginning of the hearing.
Section C.
The referring individual(s)/chapter(s) will have the opportunity to make an opening statement.
Section D.
The referred individual(s)/chapter(s) will have the opportunity to make an opening statement.
Section E.
The referring side will present their case to the Judicial Board.
Section F.
The referred side will have an opportunity to cross-examine any witnesses brought forward by the referring side.
Section G.
The referred side will present their case to the Judicial Board.
Section H.
The referring side will have an opportunity to cross-examine any witnesses brought forward by the referred side.
Section I.
The Judicial Board may ask any pertinent questions to either side.
Section J.
The referring individual(s)/chapter(s) will have the opportunity to make a closing statement.
Section K.
The referred individual(s)/chapter(s) will have the opportunity to make a closing statement.
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ARTICLE X.
POST-HEARING PROCEDURES
Section A.
The Judicial Board will inform the Judicial Board Advisors of the decision and sanctions. The Judicial Board Advisors will deliver a decision and sanctions if necessary within seven (7) class days of the hearing to all involved parties, including the Greek Advisor, Campus Judicial Official, and chapter advisors.
Section B.
The Judicial Board Chairs will assign a Board member to follow up on any assigned sanctions.
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ARTICLE XI.
APPEAL PROCESS
Section A.
The referring or referred Greek Letter Organization (or member) has the right to appeal in writing to the University Campus Judicial Official within seven (7) class days after receiving the Judicial Board decision.
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ARTICLE XII.
DEFINITION OF POSSIBLE SANCTIONS
Section A.
Sanctions will make an attempt to educate the student(s)/ chapter(s) involved in an effort to prevent repeated violations.
Section B.
All sanctions will be levied consistently.
Section C.
All sanctions should be related to the violation if possible.
Section D.
Sanctions will make an attempt to return to the Greek community what was lost as a result of the violation.
Section E.
Serious or repeated offenses require a more severe sanction to be levied by the Judicial Board.
Section F.
Revoking rushing privileges may only be a sanction when in compliance with the IFC rush and NPC Green book guidelines.
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ARTICLE XIII.
COMPLETION OF SANCTIONS
Section A.
The Judicial Board Chairs will ensure that sanctions are completed.
Section B.
If sanctions are not fulfilled, the matter will be referred back to the UMR Greek Judicial Board. The Judicial Board then reserves the right to re-evaluate sanctions or refer the matter to the University for disciplinary action.
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ARTICLE XIV.
AMENDMENT PROCESS
Section A.
Any part of this document may be modified by a two-thirds (2/3) majority vote by the Presidents.
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