Student Judicial Board
The student members of the Student Conduct Committee shall have authority to render decisions in minor cases of misconduct in a manner similar to the Judicial Officer Review process. The Student Judicial Board (“Board”) will hear cases of minor social misconduct that have impacted the residential or larger campus community in some fashion and only where penalties of suspension and expulsion are not being considered. Academic integrity cases shall not be heard by the Student Judicial Board.
The student co-chair of the Student Conduct Committee will convene the Board and will lead the meeting. A quorum of at least three voting members plus one co-chair is required for the Board to be properly constituted. Decisions of the Board are made by a majority vote of the voting members present. The co-chair will only vote in the case of a tie between the voting members.
The Student Judicial Board method of resolution is not a formal hearing. Rather, it provides an opportunity for a student accused of minor misconduct to meet with the Board, discuss the allegations of misconduct, and have the Board determine whether the student is responsible for the alleged violation and the appropriate sanction. The Judicial Officer will provide the Board with copies of the investigation file prior to the hearing for review. For the Board to find a violation of the Code, the Board must determine that the alleged violation has been established by a preponderance of the evidence. To establish “by a preponderance of the evidence” means to prove that something is more likely than not. Respondents and complainants may request that witnesses attend the Board meeting. The Board co-chair is responsible for the calling of witnesses and has discretion over which, if any, witnesses are called. If witnesses attend the meeting, members of the Board may ask questions and the respondent may ask questions through the co-chair. In cases alleging Actions Against Persons, a complainant shall have the right, but shall not be required, to attend the meeting and may ask questions of the respondent and any witnesses through the co-chair. Any student called upon to speak to the Board in connection with a disciplinary matter may ask another member of the current Bates College community to serve as an advisor. All hearings of the Student Judicial Board shall be recorded. A copy of the recording shall be maintained by the Judicial Officer.
The decision in a minor case of misconduct shall not be recorded on the student’s permanent record, but will remain in the student’s confidential file until graduation. The Judicial Officer shall send the student a letter summarizing the decision of the Board, identifying the misconduct, stating the Board’s decision regarding sanctions, and notifying the student of the right to appeal to the Co-Chairs of the Student Conduct Boards.
Sanctions in these cases may include, but are not limited to, letters to a student’s file, loss of various privileges, referral to counseling, community service, removal of a student from College housing or dining, other required actions, and/or being placed on probation.
If the Board makes a decision in a minor case of misconduct that the student found responsible feels is unjustified, that student may appeal the decision to the Co-Chairs of the Student Conduct Boards. The student appealing the decision must submit the appeal in writing to the Associate Dean of Students or their designee within two class days from the time at which the original decision was communicated to the student in writing by the Judicial Officer. Students may appeal the decision of the Student Judicial Board on only the following grounds:
- That the Student Judicial Board violated the fair application of the procedures of the student conduct process as outlined in the Code and that such violation may have had a prejudicial effect upon the outcome of the hearing;
- That new evidence was discovered after the hearing and could not readily have been discovered beforehand and such evidence might have had an effect upon the outcome of the hearing; or
- That the penalty imposed upon the respondent is grossly inappropriate.
The Co-Chairs of the Student Conduct Boards may affirm, reverse, or otherwise modify the original decision of the Board. A minimum of two of the three Co-Chairs must be present in order to review an appeal. Decisions will be made by a majority vote of the Co-Chairs present. If there is a tie vote, the original decision of the Judicial Officer will remain in effect.