Judicial Education System

Housing is charged with promoting safety, success, and satisfaction of the students living in the residence halls at Southern Utah University. To aid in accomplishing this charge the following process for adjudicating alleged violations of the Community Standards has been established.

The UH Judicial Education System is intended to be educational rather than punitive and is an administrative process rather than criminal. Decisions in all cases will be made based on a preponderance of evidence and will try to determine responsibility in any violation rather than guilt or innocence. The goal of the UH Judicial Education System is to educate residents and strive for the success of individual residents and the residence hall community. Given its educational aim, the UH Judicial System will be operated as a progressive discipline system where previous sanctions are taken into consideration when new sanctions are being assigned. Decisions will be made on a case by case basis.

Residents must be aware that the involvement of SUU Police or other law enforcement agencies in any situation where a violation of the Community Standards has occurred may result in criminal prosecution. Additionally, although the UH Judicial Education System is confidential as per University policies and federal law, family members and others will have the right to review case information when the accused resident specifically grants that permission. Shared information will be limited to that information directly related to the accused resident granting permission. UH reserves the right to change or amend the UH Judicial System in consultation with the Residence Hall Association, the Vice President for Student Services, or as deemed necessary to fulfill its established mission.

Rights and Responsibilities

following Resident Rights and Responsibilities are conveyed and expected of each resident living in the residence halls. UH intends that residents have the right and responsibility to:

  • receive and review all procedural information related to any proceeding or decision in advance of a judicial review whether in person or by mail either electronic or postal;
  • notification of the alleged Community Standard violation one is charged with prior to the hearing;
  • a judicial review within 72 hours or three business days after notification of the alleged violation at the University Housing office (it is the resident’s responsibility to schedule the judicial review);
  • reschedule a judicial review once prior to the scheduled review if the schedule interferes with class or a commitment beyond one’s control so long as documentation of the class or commitment can be provided;
  • timely clarification of any contractual obligation, policy, procedure, or Community Standard when requested;
  • be heard as individuals and bring relevant witnesses;
  • have their academic and personal success, as well as their safety considered in each judicial review;
  • bring an advisor (e.g. friend, parent, student, etc.) to a judicial review; however, advisors may not participate in any way except to provide personal support or private advice;
  • view and keep a copy of the incident report;
  • the confidentiality of both proceedings and outcomes by all UH staff and designees or agents;
  • to a fair and impartial judicial review;
  • be treated with dignity and respect at all times;
  • present testimony, evidence, or witnesses relevant to the incident being reviewed;
  • examine, question, and refute testimony, evidence, or witnesses relevant to the incident being reviewed;
  • appear and remain silent or present no testimony, evidence, or witnesses;
  • reasonable accommodation for any person with a documented disability in order to fully participate in a judicial review and the related proceedings, however, one’s disability is not a valid defense for any violation and will be held accountable according to the Community Standards.

Judicial Education System Procedures

Detailed information about Southern Utah University's Judicial Education System procedures can be found in University policy 13.20 or Section II, Part III of the Student Handbook.

Judicial Education Sanctions and Definitions

Anonymous Report

In the event that a witness to a violation wishes to remain anonymous the Community Coordinator will allow the person to do so. The witness must submit a statement verbally or in writing. The resident accused of the violation will be given the opportunity to hear and discuss the statement with the Community Coordinator.

Advisor

The role of the advisor in the judicial education process is to support you if you would like—however it is not mandated that you have one. Many choose not to bring an advisor to their judicial review. The following also applies to the advisor:

  • The advisor will not have any interaction with the judicial officer. He/she is not to respond to or interject opinions or questions during the meeting.
  • The advisor can talk with you, to offer support and encouragement and they can even choose to speak privately without the judicial officer.
  • If the presence of the advisor during the judicial review becomes a problem (i.e. the role of the advisor is not being met or their presence interferes with the judicial process), then the judicial officer can dismiss the advisor.

Appeal Review

This is the formal meeting between an Appeal Officer and resident to clarify rights and responsibilities within the appeal process, decide responsibility in the appealed incident, and assign or amend the assigned sanctions as necessary.

Bulletin Board

Each building and floor is given a bulletin board or space specifically designated to provide educational information. Residents may be asked to compile and post information on a specific topic using their floor’s bulletin board in order to demonstrate understanding of the Community Standard that has been violated.

Community Service

A resident may be required to perform community service pertinent to the Community Standard she/he violated in order to demonstrate understanding of the impact on the community of such a violation. The assigned community service must be performed at the assigned agency at the University or surrounding community.

Formal and/or Public Apology

A resident may be sanctioned to formally apologize for a violation of the Community Standards where one community member or a group of community members is affected by the violation.

Interim Suspension

UH, under the authority of the Vice President for Student Services, retains the authority to impose an interim (immediate) suspension, pending a Judicial Review if such action is necessary to preserve the safety of persons or property. During the period of interim suspension, the student may be denied access to the residence halls at Southern Utah University and denied access to all other UH activities or privileges for which the student might normally be eligible.

UH, under the authority of the Vice President for Student Services, also retains the authority to impose an interim (immediate) suspension pending medical intervention should a student be deemed a threat to themselves or if their behavior disrupts the health and welfare of those in the community. A return to the UH community may be contingent upon a medical release.

Judicial Removal

In situations where a resident is found responsible for repeated or multiple violations of the Community Standards or for a single violation of a Community Standard of a severe nature such as theft, assault, or drugs; the resident may be removed from the residence halls. In such cases, the resident will be responsible for the remainder of his or her financial commitment to University Housing. This is a serious and final step in the Judicial Education system.

Additionally, removed residents will not be able to return to live in or visit the residence halls without written permission from the Director of University Housing.

Judicial Review

This is the formal meeting between the judicial officer (e.g. CC) and resident to explain rights and responsibilities within the judicial system, decide responsibility in the documented incident, assign sanctions if necessary, and explain the appeal process.

Mandatory Workshop or Seminar Attendance

A resident may be required to attend and reflect on a workshop, program, seminar, or class pertinent to the Community Standard he/she violated in order to demonstrate understanding of the impact on the community of such a violation.

Parental or Familial Contact

A resident may be required to contact her/his parent or family while a judicial officer or Community Coordinator is present in order to demonstrate understanding of the impact on the community of a violation of the Community Standards.

Parental or Familial Notification

As per the directive of FERPA or the Buckley Amendment, parents or guardians will be informed of any violation of the alcohol or drug Community Standards and may be notified of situations in which a resident’s safety is immediately in question.

Poster

A resident may be required to create a poster or posters with important information pertinent to the Community Standard he/she violated in order to demonstrate understanding of the impact on the community of such a violation.

Preponderance of the Evidence

The evidence presented in a judicial hearing allows the Community Coordinator to conclude that it is more likely than not that the alleged violation occurred.

Program

A resident may be sanctioned to develop, advertise, implement, clean up after and evaluate a program (an educational activity or event) or programs with important information pertinent to the Community Standard he/she violated in order to demonstrate understanding of the impact on the community of such a violation.

Reflection Paper

A resident may be sanctioned to reflect on an incident, discussion, reading, or event pertinent to the Community Standard he/she violated in order to demonstrate understanding of the impact on the community of such a violation.

Residence Hall Probation

Residence Hall Probation is a second level sanction within the Judicial Education System and may be assigned along with another educational sanction. A resident will be on Residence Hall Probation for no less than the remainder of the active occupancy license agreement. During this period of review any additional violations of any policy, however minor, may result in more significant consequences including removal from the residence halls.

Restitution

Residents may be required to compensate the University, UH, or another resident for damage, loss, or destruction of property as a result of a Community Standard violation. A specific and reasonable dollar amount will be established by the Director of University Housing or designee.

Room and/or Hall Transfer

Residents may be sanctioned to move from one room to another or to another hall if the judicial officer has determined that such a move would decrease the likelihood of additional or repeated violations from occurring.

Visitation Restriction

Residents who have been administratively moved, removed, or put on interim suspension from the residence halls may not for any reason visit the residence halls at Southern Utah University without specific written permission from the Director of University Housing. This pertains only to the hall from which a resident was moved in the case of administrative room or hall changes.

Written Warning

A written warning is issued by a judicial officer in cases where the Community Standard and related violation does not necessitate an in-person judicial review. A warning is the first level sanction within the Judicial Education System and may not be issued more than once to any resident unless the two violations are unrelated and are sufficiently separated by time and circumstance.

Disclaimer

This list is not meant to be comprehensive. The judicial officer may give other sanctions that are not included on this list if he/she feels it is necessary and will help the student better learn and grow from their experience.

 


Report an Error on this Page

Looking for Answers? Ask this Department.

Last Update: Wednesday, July 25, 2012