Judicial System Handbook - Section Two

PART 3: OVERVIEW OF THE JUDICIAL PROCESS

3.1 A University Judicial System complaint may be filed against any student or recognized student organization or by any member of the University community. Complaints may be filed by a student, faculty member, or staff member by filling out a standard complaint form, which is available in the Office of Judicial Affairs, 310 Steele Hall, or on the web at http://students.syr.edu/judicial. All documentation and other evidence associated with the complaint, e.g., Department of Public Safety or police reports and witness statements, should be included with the standard complaint form and returned to the Office of Judicial Affairs. More than one complaint may be filed arising out of the same incident.

3.2 The Office of Judicial Affairs will determine whether a complaint concerns students and/or recognized student organizations and whether the complaint concerns subject matter falling within the jurisdiction of the University Judicial System. The Office of Judicial Affairs further will determine whether the complaint demonstrates sufficient evidence of wrongdoing to warrant further investigation and/or commencement of the judicial process.

3.3 The standard of proof applied within the University Judicial System is a preponderance of the evidence, which requires a demonstration that it is “more likely than not” that the accused student or recognized student organization has violated the Code of Student Conduct.

3.4 It is the responsibility of each party to investigate, prepare, and present his or her case before a hearing board or other body. This responsibility includes identifying and presenting any witnesses or witness statements. The University Judicial System is not authorized to compel the appearance of any witness at a University Judicial System proceeding. Similarly, neither parties nor their representatives are authorized to compel or attempt to compel the appearance of any person at a University Judicial System proceeding.

3.5 Complainants are permitted to withdraw their complaints subsequent to filing if the Office of Judicial Affairs is satisfied that the complainant’s decision has not been influenced by pressure or intimidation. In the event that the complainant is determined to have been influenced by pressure or intimidation, or in other extenuating circumstances, or where the University’s interests would be served by continuation of the case, the Senior Vice President and Dean of Student Affairs or the Director of Judicial Affairs may appoint a University complainant to continue the case.

3.6 Upon determining that a complaint meets the technical standards required by the University Judicial System, the Office of Judicial Affairs will contact the accused student or recognized student organization. The accused student or recognized student organization will be invited to participate in a meeting with a case manager to discuss the allegations and determine whether an informal resolution can be reached. An informal resolution occurs when a student or recognized student organization accepts responsibility for the alleged violation(s) and an appropriate sanction is determined. Once an informal resolution is reached, the decision is final and will be revisited only where new information becomes available that tends to demonstrate that a substantial error has occurred. In such a case, the accused student or the complainant may submit a written petition for reconsideration of the case to the Director of Judicial Affairs. The decision of the Director of Judicial Affairs on reconsideration is final.

3.7 If an informal resolution cannot be reached, then the case will be assigned to an appropriate hearing officer or hearing board for formal resolution. The hearing process is described in Parts 7 through 9 herein.

3.8 A student who chooses to withdraw from the University rather than participate in the judicial process will be classified as having been withdrawn for disciplinary reasons. This status will be noted on the student’s transcript as a University-initiated withdrawal. A student who withdraws under these circumstances may not receive a transcript, is not permitted to enter onto Syracuse University owned, operated, or controlled property, including but not limited to University-owned land leased to a non-University affiliated party, and may not participate in any course or program offered by Syracuse University until the pending matter is resolved.

3.9 Except in unusual circumstances as determined in its sole discretion, Syracuse University will seek to notify parents or guardians of judicial issues involving their dependent students as follows:

a. In an emergency;
b. In all serious cases, including all drug-related matters; and,
c. In all cases of repeated (more than one) referral of a student for adjudication of misconduct.

Except in unusual circumstances as determined in its sole discretion, and consistent with federal law, Syracuse University will seek to notify parents or guardians of judicial issues involving non-dependent students as follows:

a. In an emergency;
b. After final adjudication and finding of responsibility in all drug-related offenses; and,
c. After final adjudication and finding of responsibility in repeated (more than one) alcohol offenses.

Other disclosures of student discipline records not described above will be handled consistent with Part 13 of the Judicial Handbook.