The description of the campus judicial system is as follows:
Purpose
The basic purpose of a judicial system at Bluffton Unviersity is to protect an environment for learning. Throughout the judicial process there is a commitment to the fundamentals of fair play in the adjudication of violations of standards of conduct and the honor system.
Jurisdiction of judicial process
All students, faculty and staff members are a part of the judicial system.
Campus Judicial Board
There is one judicial board which is called the Campus Judicial Board (CJB). The dean of students is administratively responsible for the judicial process and the CJB. There are three permanent members and three ‘rotating’ members on the CJB. The three permanent members consist of a faculty member and two students. These three members serve on the CJB for one year and they are chosen as follows:
Faculty member – Chosen by faculty as one of her/his committee assignments at the time other committees are elected.
Student members – Chosen by Student Senate in September; they must be members of Student Senate at the time they are chosen.
The three ‘rotating” members consist of one faculty member and two students. They serve for a one-month period of time. If a case initiated during the month is not completed during the month, the original members will continue with the case. Student Senate is responsible for randomly choosing these three members who will serve each month. In addition, an alternate for each ‘rotating’ position is chosen by Student Senate.
The permanent faculty member serves as chairperson of CJB. The three permanent members of CJB elect a vice chairperson who serves in the absence of the chairperson. A quorum consists of two of the three permanent members and the three ‘rotating’ members or their alternates.
Judicial process
1. A person accused of violating a standard or the Honor System is referred to an administrative officer. The administrative officer may appoint a staff person to act in her/his place. Students are referred to the dean of students, faculty are referred to the vice president of academic affairs and staff members are referred to the administrative officer responsible for the area in which the staff member works. The administrative officer (or her/his designee) informs the accused of 1) the charge, 2) who has referred her/him and 3) the judicial process.
2. The accused is asked by the administrative officer (or her/his designee) if he/she is guilty of the violation described in the referral. If the accused admits guilt, he/she may elect to have either the administrative officer (or her/his designee) or the CJB take action on the violation. If the accused does not admit guilt, the case is automatically heard by the CJB.
3. The accused must be notified at least 72 hours prior to a CJB hearing unless he/she wishes to waive this right. The following procedures are followed at all CJB hearings:
4. The CJB examines all material evidence and hears and questions all witnesses prior to voting on the case. Witnesses who are called by the CJB are required to meet with the CJB. Decisions are determined by majority vote. In the case of a tie vote, deliberation will be continued until a majority vote is reached. The CJB determines guilt or innocence and the appropriate sanction in each case.
Adjudication of extraordinary violations
Incidents which are considered to be violations of standards of conduct and the Honor System are normally adjudicated through the Campus Judicial System. It is recognized that there may be incidents referred that are an immediate threat to the campus community and/or the environment for learning. These extraordinary incidents may call for immediate action by the unviersity. If the president, in consultation with the cabinet, judges that incidents are extraordinary and that they call for immediate action, the president, in consultation with the cabinet, will determine the procedures to be followed in adjudicating the referral. The procedures will be consistent with the standards of fair play. Appeal of a decision reached through these procedures is to the Board of Trustees.
Judicial sanction
Sanctions imposed by an administrative officer (or her/his designee) or the CJB may include any one or a combination of the following:
1. Dismissal – Subject to review by the vice president for enrollment management and student life.
2. Suspension – Subject to review by the vice president for enrollment management and student life.
3. Probation
4. Warning
5. Financial or work penalty
6. Other penalties as appropriate in each case.
Appeal process
Any sanction imposed by an administrative officer (or her/his designee) or the CJB is final, subject only to the individual’s right to appeal to the vice president for enrollment management and student life. This appeal must be made within 72 hours from the time the decision is presented to the accused. In no case may the vice president for enrollment management and student life make the sanction more severe than the original action. The decision of the vice president for enrollment management and student life is the university's final decision.
Release of information
Information regarding disciplinary action is released and recorded according to the guidelines given in the Bluffton records policy.
Changes in judicial process
Any change in the judicial process must be reviewed by the Enrollment Management and Student Life Advisory Committee and it must be approved by the faculty, the Student Senate and the president.
