Explanation of Important Aspects of the Judicial Review Process

Advisors

It is a student’s right to bring one Advisor to an Administrative Hearing, a Judicial Board Hearing, or any other meeting included within this Judicial Review Process. This right applies to the referred student as well as the student bringing the charges, if appropriate. An Advisor must be a current member of the DePaul community (faculty, staff, or student). However, an Advisor cannot be a student who is involved in the same judicial matter being reviewed.  All Advisors must be approved in advance of a scheduled meeting or hearing by the Moderator, Administrative Hearing Officer, or other University designee.

The role of the Advisor is to act as a support person for the student by conferring quietly with the student. The Advisor is not to directly address the members of the Judicial Board, an Administrative Hearing officer, or anyone else present at a meeting or hearing.

Hearings

There are two types of judicial hearings:

1. Administrative Hearing:  An Administrative Hearing is a hearing in which the hearing officer is a University designee, such as the Dean of Students or another Student Affairs professional. The procedures for an Administrative Hearing are set forth above in the "Administrative Hearing Process" section.  There is no Moderator for an Administrative Hearing.

2. Judicial Board Hearing:  A Judicial Board Hearing is a hearing in which the hearing officers are selected from the Judicial Board pool of members.  The procedures for a Judicial Board Hearing are set forth above in the "Judicial Hearing Process" section.  The Judicial Board Hearing process is managed by a Moderator.

The University will make the determination as to which type of hearing is appropriate in a particular situation.

Judicial Boards

The members of the Judicial Board pool are:

• Six current students with at least sophomore status nominated by the Student Government Association.

• Six faculty members nominated by the Faculty Council.

• Six staff members nominated by the Staff Council.

Three members (one from each constituency) will comprise the panel for a Judicial Board Hearing. This panel shall be chosen by the Moderator prior to the Judicial Board Hearing. The Chairperson shall be decided upon at the time of the Judicial Board Hearing.

Student Affairs is responsible for training the pool of Judicial Board members.

Students should consult Residential Education for information about judicial boards in the Residential Education judicial process.

Jurisdiction

The University may exercise jurisdiction (i.e.—initiate this Judicial Review Process) for all offenses committed on campus. Additionally, the University may exercise jurisdiction for an offense committed off-campus (including on-line communities) when:

a.  The victim of such an offense is a member of the campus community (student, faculty, or staff ); or

 b.  The offense occurred at a college-sponsored or sanctioned event; or

c.  The referred student used his or her status as a member of the University community to assist in the commission of the offense (for example, using a student ID card to pass a bad check); or

d.  The offense affects the University.

Moderators

All Judicial Board Hearings will be assigned a Moderator.  The Moderator may be the Dean of Students or another University designee (for example, other staff in the Dean of Students Office, or other Student Affairs professionals).  The Moderator is responsible for managing the Judicial Board Hearing process, including assisting with scheduling and selecting members from the Judicial Board pool to participate in a hearing. The Moderator will be present at the Judicial Board Hearing.  The Moderator has no voting role in the outcome of any Judicial Board Hearing, but all determinations by a Judicial Board as to whether a violation has occurred or regarding sanctions must be reviewed with the Moderator.

There is no Moderator for an Administrative Hearing.

Witnesses

Students involved on either side of a judicial case, as complainants or referred students, may bring Witnesses to an Administrative Hearing or a Judicial Board Hearing to support their statements. All Witnesses must be approved in advance by the University, and the University reserves the right to disallow any Witness. All Witnesses must generally be current members of the DePaul community (faculty, staff or students), except as otherwise approved by the University.  Witness intended to present information that does not directly bear upon the circumstances of the case or duplicates all or part of testimony already presented may not be allowed.  Appearance of Witnesses at the appropriate time, date and location of any hearing is the responsibility of the involved students.  In some cases, the University will approve the use of written statements from Witnesses who are not available to appear at a hearing.

Witnesses will be presented one at a time. A Witness can only be present at a hearing during his/her own testimony.

The University recognizes it cannot compel any student to present him/herself as a Witness against his/her will. However, all students are encouraged to comply with the Judicial Review Process.  Witnesses will be informed that giving false information may result in judicial action.