CHAPTER TWO: 2400

STUDENT AFFAIRS POLICIES

July 2009


2400

STUDENT JUDICIAL SYSTEM

PREAMBLE: This section outlines UI's student judicial system. This section dates from the 1979 Handbook with relatively minor revisions, the last of which, in July 1993, changed the membership and the quorum of the University Judicial Council. In July of 2008 B-2 was revised to consolidate university committee function and structure language into FSH 1640 Committee Directory.  For further information, contact the Dean of Students (208-885-6757).

 

CONTENTS:

 

A. Introduction

B. Judicial and Disciplinary Bodies

 

A. INTRODUCTION. UI's student judicial system is established and maintained for the prosecution and handling of disciplinary matters concerning UI students (as "student" is defined in the preamble to the Statement of Student Rights [2200]). Any and all matters consistent with the Student Code of Conduct [2300] and the Statement of Student Rights are handled by the system under the following rules and regulations. [ed. 7-00]

 

B. JUDICIAL AND DISCIPLINARY BODIES. The system consists of the following: living-group disciplinary bodies, University Judicial Council (UJC), Faculty Senate, president, and regents. [ed. 7-09]

    B-1. Living-Group Disciplinary Bodies.

      a. Composition. Each living group has a disciplinary body, the composition of which is to be determined by the group.

      b. Jurisdiction. Each living-group disciplinary body has jurisdiction only over those violations that are primarily internal in cause and effect. If the offense also violates the Student Code of Conduct, the living group must communicate with the ASUI student defender and the judicial officer in Student Advisory Services before taking jurisdiction. The determination of jurisdiction is decided by mutual agreement of the ASUI student defender, the judicial officer, and the complaining party. If the ASUI student defender, the judicial officer, and the complaining party fail to agree unanimously on the proper hearing body, the matter is referred to UJC, which decides the case on the merits. However, the living-group disciplinary body at all times has the right to decline to hear a case brought before it, in which instance the matter is referred to UJC, which will hear the case on the merits. If a living-group disciplinary body proceeds without jurisdiction, its proceedings, findings, and sentence are void and are no bar t a new trial.

      c. Range of Sanctions. The living-group disciplinary body may order any sanction it deems just, so long as it is consistent with those stated in articles V and XI of the Student Code of Conduct and in the Statement of Student Rights.

    B-2. University Judicial Council. (see FSH 1640.93)

      a. Jurisdiction. [ren. 7-08]

        (1) UJC has original jurisdiction in the following instances:

        (a) Any violation of the Student Code of Conduct that may not be appropriately handled within the living-group disciplinary body. [See B-1-b.]

        (b) Any violation of ASUI rules and regulations not specifically designated to be heard elsewhere.

        (c) Any matter that a living-group disciplinary body declines to hear. [See B-1-b.]

        (2) UJC has appellate jurisdiction over decisions of living-group disciplinary bodies and decisions of the ASUI Judicial Council. (The ASUI Judicial Council is an internal council of the ASUI. Please refer to ASUI governing policies for further information.)

      b. Range of Sanctions. The UJC has the full range of sanctions set forth in the Student Code of Conduct. [ren. 7-08]

    B-3. Faculty Senate. The Faculty Senate has appellate jurisdiction over all student disciplinary proceedings and must comply with section IV, paragraph 11, item (d), of the Statement of Student Rights. [See 2450.] [ed. 7-09]

    B-4. President. The president has appellate jurisdiction over the Faculty Senate.

    B-5. Board of Regents. The regents have final appellate jurisdiction within the UI system.

     

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