Student Judicial Policies and Procedures
4. Original Judicial Entities
4.1 An administrative Hearing Officer shall have original jurisdiction in the following areas:
4.1-1 Residential Areas
Student infractions of non-academic regulations when the alleged violation occurs within a residential building or on the grounds of the residential campus. Residential Campus includes all buildings and grounds under authority of the Office of Housing and Residential Life.
4.1-1a Any UMass Dartmouth student, whether resident in campus housing or not, is subject to Residential Area jurisdiction if the alleged infraction occurs in the area defined in 4.1-1.
4.1-1b Staff or faculty members empowered to conduct administrative hearings under Residential Area jurisdiction shall be selected by the Director of Housing and Residential Life or designee. The Director or designee may, at his/her discretion, select an individual or a panel of up to three members of the faculty or staff to hear a case.
4.1-2 UMass Dartmouth Campus
Student infractions of non-academic regulations when the alleged violation occurs within a building or on the grounds of the campus. Campus includes the entire area of the UMass Dartmouth campus excluding the areas defined in 4.1-1. Jurisdiction includes:
4.1-2a Alleged violation of student conduct regulations when the alleged infraction occurs in areas defined in 4.1-2 or away from campus while the student is a member of an official University sponsored or approved group or event or when the interests of the University are involved.
4.1-2b Alleged violation of regulations specific to an organization recognized by the Student Senate of UMass Dartmouth.
4.1-2c Cases involving the alleged violation or interpretation of the Student Senate Constitution, or the policies or actions of the Student Senate. Included is judgment of the constitutionality of any action taken by the above-named organization, their executive agencies or by members thereof.
4.1-2d Cases involving constitutional conflict within any campus organization, or between major governing groups, or between campus organizations and governing groups.
4.1-2e Cases involving the constitutionality of any action taken by a student organization or governing group.
4.1-2f Alleged violations of other regulations when such cases shall be referred by the Division of Student Affairs.
4.1-2g Staff or faculty members empowered to conduct administrative hearings under Campus jurisdiction shall be selected by the Vice Chancellor for Student Affairs or designee. The Vice Chancellor or designee, may, at his/her discretion, select an individual or a panel of up to three members of the faculty or staff to hear a case.
4.2 Sexual Conduct
Allegations of inappropriate sexual conduct against a student or students.
4.2-1 Any UMass Dartmouth student is subject to the jurisdiction of this provision of the judicial document when the substance of the complaint or incident report deals with alleged sexual misconduct. Specifically included herein are allegations of sexual harassment, sexual conduct without expressed consent, use of force or coercion during sexual conduct, and rape.
4.2-2 Upon receipt of an incident report or complaint, the complainant will be invited to carry the matter to mediation under the auspices of the University Sexual Harassment Officer. Should the offer of mediation be accepted, the matter will be brought forward through the mediation process. Upon completion of the mediation process, if both parties agree with and accept the conclusions derived therefrom, the matter will be considered resolved.
4.2-3 Should the complainant reject the offer of mediation, or should the mediation process fail to find an outcome acceptable to both parties, the matter will be subject to the provisions of this document governing resolution of conduct-related issues.
4.2-4 The complainant in a matter involving allegation of sexual misconduct that is adjudicated under this document shall have the option to request that discussion of the complainant’s past sexual conduct be kept out of consideration in the matter before the judiciary.
4.3 Academic Matters
Allegations of academic misconduct including plagiarism and cheating. Also, cases involving the recommendation of a faculty member and/or appropriate Academic Dean for action other than or in addition to a failing grade in a course when said grade is assigned on the basis of a charge of academic misconduct. Student may elect an Administrative or Academic Matters Judicial Board Hearing.
4.3-1 If a student elects an Administrative Hearing, faculty or staff members empowered to conduct the administrative hearing shall be designated by the Vice Chancellor for Academic Affairs or designee.
4.3-2 Academic Matters Judicial Board (AMJB)
4.3-2a Composition - the membership of the AMJB shall be composed of twelve (12) justices as follows:
- five (5) faculty
- five (5) students
- two (2) administrative staff
The twelve justices shall comprise a pool from which a seven (7) member hearing board shall be selected. The hearing board shall consist of three faculty, three students, and one administrator. The seven members of the hearing panel shall designate a chairperson by vote of the seven to guide the sessions. The chairperson shall vote on a case only in the event of a tie.
Appointments to the twelve member AMJB shall be the joint responsibility of the following campus governance groups: faculty shall be appointed by the Faculty Senate; students shall be appointed by the Student Senate upon recommendation of the Senate’s Judiciary Screening Committee; administrative staff shall be appointed by the Vice Chancellor for Student Affairs. Appointment shall be for one calendar year from October to October. For student justices, a minimum 2.00 grade point average (cumulative) is required for appointment to the AMJB. All appointments are renewable subject to the recommendation of the appropriate appointing agencies.
4.3-2b An Academic Matters Judicial Board Hearing shall be conducted in academic matters when the accused student elects the judicial board hearing option and contingent upon the availability of the board.
Last Updated On: 8/19/07
