Lawriter - OAC - 3344-83-09 University judicial board.

3344-83-09 University judicial board.

(A) "Jurisdiction" - the university judicial board is an administrative hearing body charged with hearing violations of the student code of conduct.

(B) Membership.

(1) The membership of the judicial board shall be composed of seven student members and two faculty members. Student members shall be elected in the spring quarter all-campus student elections. Faculty members shall be appointed by the steering committee of the faculty senate.

(2) Members of the judicial board shall elect one student member as the chairperson and one student member as the vice chairperson.

(C) Candidate qualifications.

(1) A candidate for the judicial board shall be a currently enrolled full-time student, with a cumulative grade-point average and the previous quarter average of not less than 2.50; first-year law students who have earned, but not yet received, grades are eligible for election. Candidates shall expect to be enrolled full time during their entire term of office.

(2) Candidates for the judicial board shall not simultaneously be candidates for other student government association or student bar association positions.

(3) Candidates for the judicial board shall otherwise abide by the rules and regulations established by the student government elections board for the spring election.

(D) Qualifications for continuing membership.

(1) Student members of the judicial board shall be full-time students at Cleveland state university and shall maintain fulltime status as defined by university regulations during their tenure on the judicial board or they shall considered immediately inactive.

(2) Student members shall have and maintain a quarterly and cumulative 2.50 grade point average or they shall be considered immediately inactive. Currently enrolled first-year law students who have earned, but not yet received grades are eligible to serve.

(3) Faculty members shall have full-time status as faculty and shall have been at the university for a minimum of two contract years.

(4) Interim suspension of a judicial board member from the judicial board shall occur when that member is charged with a violation of the student conduct code. The suspension shall remain in effect until the decision is presented to the party following the hearing by the appropriate hearing body.

(E) Terms of office.

(1) Student members of the judicial board shall be elected for one-year terms and may seek re-election. Student members may serve a total of two one-year terms. Faculty members of the judicial board shall be appointed for two-year staggered terms and may be re-appointed.

(2) The term of office begins the first day after the end of spring quarter and concludes the last day of spring quarter of the following year.

(3) Student vacancies in the membership of the judicial board shall be filled by appointments made jointly by the president of student government and the president of the student bar association, which shall be ratified by a two-thirds majority vote of the student senate. In case of an impasse recommendations shall be submitted directly to the student senate for ratification.

(4) Faculty vacancies shall be filled by the faculty senate steering committee.

(5) A student member shall be ineligible to continue membership as a result of any of the following:

(a) A finding of violation of the student conduct code;

(b) Unexcused absence from two sessions of the judicial board or excused absence from three sessions of the judicial board;

(c) Failure to complete the orientation and training sessions;

(d) Lack of discretion in maintaining confidentiality with regard to information involved in conduct cases and decisions of the judicial board; or

(e) Failure to maintain membership requirements (paragraphs (D) (1) to (D) (4) of this rule).

(6) A member who is found ineligible to continue to serve on the judicial board may appeal the decision to the university appeal board.

(F) "Quorum" - a quorum for a judicial board hearing shall be defined as a minimum of four student members and one faculty member. If vacancies exist on the judicial board, the board may function with no less than three students and one faculty member present at a hearing.

(G) Conflict of interest - any member of the judicial board who has an actual or perceived conflict of interest in any case shall not participate in hearing that case. This shall not be considered an absence. The JAO shall determine if a conflict of interest exists if there is a dispute over an actual or perceived conflict. The JAO's decision is not subject to appeal.

(H) Compensation - compensation for student members of the judicial board shall be in accordance with the university's stipend policy.

(I) Training and orientation sessions.

(1) Members of the judicial board are required to attend the training and orientation program prior to hearing any violations, disputes or appeals.

(2) The chairperson and the vice chairperson shall be elected during the training and orientation program, according to "Roberts Rules of Order."

(J) Judicial affairs officer.

(1) The judicial affairs office "JAO" shall be the administrative liaison to the university judicial process. The JAO works with the general administration of the university judicial board and enforces compliance with the policies governing the university judicial board, including the qualifications for continuing membership. In order to maintain the continuity necessary for an effective university judicial board, the JAO shall also establish the procedures for the orientation and training of members of the board. The same person shall not serve as the administrative liaison and the student conduct officer simultaneously.

(2) The JAO shall provide for continuity of procedures, the implementation of sanctions, and confidentiality of records as provided in paragraphs (D)(2)(a) and (E) of rule 3344-83-09 and paragraph (D)(2) of rule 3344-83-11 of the Administrative Code.

Effective: 8/17/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3344