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Fraternity and Sorority Judicial Council Manual Training and Operations 2014- 2015 Fraternity and Sorority Life 2014-2015
Fraternity and
Sorority Judicial
Council Manual
Training and Operations
2014-
2015
Fraternity and Sorority Life
2014-2015
1
Table of Contents
Introduction ............................................................................................................................................. 4
............................................................................................................................................................ 4
Charge ................................................................................................................................................. 4
Peer Governance.................................................................................................................................. 4
Responsibilities ................................................................................................................................... 4
Ethics ...................................................................................................................................................... 5
............................................................................................................................................................ 5
What is ethics? .................................................................................................................................... 5
Why use ethics? ................................................................................................................................... 5
Ethical Standards for FSJC .................................................................................................................. 6
Expectations ............................................................................................................................................ 7
Definitions .............................................................................................................................................. 8
Jurisdiction .............................................................................................................................................. 9
What is jurisdiction? ............................................................................................................................ 9
Jurisdiction of FSJC............................................................................................................................. 9
Violations for FSJC Jurisdiction ........................................................................................................ 10
Appeals and Mediation ...................................................................................................................... 10
Composition .......................................................................................................................................... 11
.......................................................................................................................................................... 11
Eligibility .......................................................................................................................................... 11
Your Role .......................................................................................................................................... 11
How to Lose Your Job ....................................................................................................................... 12
Rights and Due Process ......................................................................................................................... 13
.......................................................................................................................................................... 13
What is due process? ......................................................................................................................... 13
Due Process ....................................................................................................................................... 13
Rights of the Accused ........................................................................................................................ 14
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Rights of the Complainant ................................................................................................................. 14
Review and Referral .............................................................................................................................. 15
Who can file a complaint? ................................................................................................................. 15
Reviewing a Case .............................................................................................................................. 15
Notification ....................................................................................................................................... 17
Mediation .............................................................................................................................................. 18
What is mediation? ............................................................................................................................ 18
Who attends mediation? ..................................................................................................................... 18
Mediation Process ............................................................................................................................. 18
Practice Mediation ............................................................................................................................. 20
Pleas and their Meanings ....................................................................................................................... 21
Plea Options ...................................................................................................................................... 21
Plea Meanings ................................................................................................................................... 21
Hearing Procedure ............................................................................................................................. 21
Standard of Evidence ......................................................................................................................... 23
Pre-Hearing ....................................................................................................................................... 23
Hearing Procedure ............................................................................................................................. 23
Order of Events ................................................................................................................................. 24
Deliberation ....................................................................................................................................... 25
Sanctions ............................................................................................................................................... 27
Purpose of Sanctioning ...................................................................................................................... 27
Sanction Philosophy .......................................................................................................................... 27
Process .............................................................................................................................................. 27
Questions for Sanctioning .................................................................................................................. 28
Sanctions ........................................................................................................................................... 28
Completion of Sanctions .................................................................................................................... 29
Completion of Sanctions .................................................................................................................... 29
Mock Hearing ....................................................................................................................................... 30
Appendix B: Judicial Complaint Form ................................................................................................... 37
Appendix C: Mediation Checklist .......................................................................................................... 39
Appendix D: Pre-Hearing Checklist ....................................................................................................... 40
Appendix E: Hearing Checklist ............................................................................................................. 42
3
Appendix F: Board Notes (condensed)................................................................................................... 46
Appendix G: Case Adjudication Report (condensed) ............................................................................. 47
4
Introduction
Purpose
Peer Governance
FSJC Responsibilities
Charge The charge of the California Polytechnic State University Fraternity and Sorority Judicial
Council (FSJC) is to serve as the self-disciplining board of the fraternity and sorority community
and to promote responsible behavior and appropriate standards of conduct. The FSJC is the
highest student judicial authority in the fraternity and sorority community at Cal Poly. Decisions
and sanctions of the FSJC are only appealable for procedural issues.
Peer Governance The duty to serve others in an integral part of fraternity and sorority life is in order to make the
campus and community a better place. Cal Poly recognizes the importance and benefit of peer-
governance in the Fraternity and Sorority community. The community understands that peer-
governance can only be sustained through leadership and accountability. For this reason,
selected FSJC members are required to have a strong vision for the potential of the FSL
community to live their ideals and the leadership ability to hold their peers accountable.
Responsibilities The Fraternity and Sorority Judicial Council has four primary responsibilities:
1
To interpret the Constitution and Bylaws of the recognized fraternal governing councils,
local Interfraternity Council, Panhellenic Council, and United Sorority and Fraternity
Council policies and procedures, FIPG Risk Management Guidelines, and any other recognized governing documents by member organizations of the recognized fraternal
governing councils
2 To fairly and impartially adjudicate in the fraternity and sorority community in the event of violations and appeals from council judicial boards
3 To preside over the hearings brought before the FSJC.
4 Mediate disputes between organizations
5
Ethics
Definition
Purpose
FSJC Ethical Standards
What is ethics? Ethics is a system of moral principles and guide how people make decisions and lead their lives (BBC, 2013). Ethics answers questions about how to live a good life, individual’s rights and responsibilities,
and moral decisions.
What does ethics mean to you?
Why use ethics? Ethics can provide a moral map that helps us navigate and make difficult decisions. Ethics does
not give right answers because there are always several right answers in ethical dilemmas.
People do not like to live with moral ambiguity because it forces us to take responsibility for our
own choices and actions (BBC, 2013).
The Fraternity and Sorority Judicial Council will make difficult decisions and there will not be
one right way to do so. It is important to use ethics to guide the actions of the Board in order to
reach the best decisions for the organizations involved and the fraternity and sorority community.
In addition, the justices are expected to model ethical and moral behavior for the community to
set and maintain high standards of behavior.
What are 3 ways you will practice good ethics?
1 2 3
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Ethical Standards for FSJC All information associated with FSJC proceedings is confidential. Violation of the
standard shall result in impeachment proceedings.
The judicial record of any organization is not to be discussed, shown, or shared in any
way with anyone outside the FSJC.
Respect shall be shown to one another, as well as to the organization(s) involved in the
complaint.
No statements shall be made or questions asked that are not related to the case.
Justices should attempt to gain necessary information without showing personal feelings,
prejudice, or hostility.
Decisions of a majority of the Council shall be supported by the entire Council.
Justices should recuse themselves from proceedings if it is believed that they may be
partial in the case or unable to render a fair decision.
Justices should be conscious of their status as representatives of the University and
fraternity and sorority community and should avoid involvement in situations which may
lessen the perceived credibility or objectivity of the FSJC.
Works Cited
BBC. (2013). Ethics: A general introduction. Retrieved from http://www.bbc.co.uk/ethics/introduction/ intro_1.shtml
I, , agree to abide by the ethical
standards of the Fraternity and Sorority Judicial Council.
Signed
Date
7
Expectations
Perform all duties as outlined in the FSJC Operating Guidelines.
Attend all hearings in which you are scheduled. When absent, notify the
Chief Justice at least 48 hours in advance.
Be respectful and open-minded when listening to the ideas, opinions, and
statements made by other council members.
Offer your own opinions freely and in a constructive manner.
Listen objectively to all students appearing before the council.
Listen to all evidence before making a decision.
Do not allow personal relationships with individuals involved in hearings to
cloud your final decisions.
Be fair and consistent in your decision making.
Be timely in your decision making.
Perform as a role model, at all times, within the campus community.
Justices will dress in badge/pin or business casual attire when participating
in a hearing.
Justices will refrain from consuming alcohol in the 24 hours before a
scheduled hearing.
“High expectations are the
key to everything.”
Sam Walton
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Definitions
Accused – the organization that is being charged
Advisor – 1. Non-undergraduate who may advise the organization in the judicial process by their
request; 2. Official chapter advisor on record with the University (for notification purposes)
Associate Justice – members who will serve on the judicial councils
Business Days – Monday through Friday during the fall, winter, and spring quarters when
classes meet (i.e. university holidays are excluded)
Case Secretary – a position filled on a rotating basis per case from the associate justices that
assists the Chief Justice during a case and keep record of mediations and hearings
Chief Justices – the three members of the FSJC (IFC Vice President of Judicial Affairs, PHA
Vice President of Judicial Affairs and Risk Management, and USFC Vice President) that will
oversee all meetings and proceedings of the council, preside over hearings, and perform
mediations
Complainant – the organization/individual that is bringing charges against another organization
Ex-officio – Participate with FSJC by right of office and based on FSJC rules does not have
voting rights
FSJC – Fraternity and Sorority Judicial Council
FSJC Advisor – an FSL staff member assigned to advise the judicial council
FSL – Fraternity and Sorority Life
Governing council – any organization that governs recognized fraternity and sorority chapters
(USFC, IFC, PHA)
USFC – United Sorority and Fraternity Council
PHA – Panhellenic Association
Preponderance of Evidence - The council needs to be 51% more likely than not that the
organization violated policy in order to find them responsible
University – California Polytechnic State University, Cal Poly
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Jurisdiction
Definition
FSJC jurisdiction
Example of violations
Appeals and mediation
How to determine jurisdiction
What is jurisdiction? Jurisdiction is the limits or territory within which authority may be exercised. The term is often
used in relation to a body that administers justice within a defined area of responsibility.
Jurisdiction of FSJC The FSJC has the power to adjudicate violations involving the governing councils and all
recognized fraternity and sorority organizations. The FSJC may only charge organizations and
does not have the power to charge individuals. A charge from the FSJC does not limit
investigations and possible sanctioning from university entities.
Panhellenic Association Interfraternity Council United Sorority and
Fraternity Council
Alpha Chi Omega
Alpha Epsilon Phi
Alpha Omicron Pi
Alpha Phi
Chi Omega
Gamma Phi Beta
Kappa Alpha Theta
Kappa Kappa Gamma
Sigma Kappa
Alpha Epsilon Pi
Alpha Gamma Rho
Beta Theta Pi
Delta Chi
Delta Sigma Phi
Delta Tau Delta
Delta Upsilon
Kappa Sigma
Nu Alpha Kappa
Lambda Chi Alpha
Phi Kappa Psi
Phi Sigma Kappa
Pi Kappa Alpha
Sigma Nu
Sigma Pi
Tau Kappa Epsilon
Theta Chi
Zeta Beta Tau
alpha Kappa Delta Phi
Chi Delta Theta
Gamma Zeta Alpha Lambda Phi Epsilon
Lambda Sigma Gamma Lambda Theta Alpha
Lambda Theta Phi
Omega Xi Delta Sigma Omega Nu
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Violations for FSJC Jurisdiction Any accused party may be charged before the FSJC for any of the following violations:
Violation Example
Conduct that endangers member(s) or guest(s) Underage consumption of alcohol
Any instance where the complainant and accused belong to
different governing councils
Alpha Delta Pi brings complaint
against Alpha Kappa Lambda
Failure to comply with FSJC sanctions and/or similar
repeated violations in a 12-month period
Organization does not complete
service hours as sanctioned by FSJC
OR
Organization has multiple complaints
of inappropriate communication
reported to the FSJC
Any action that has been referred to the FSJC by the
Coordinator of Fraternity and Sorority Life or designee
Community member brings complaint
against an organization through FSL.
Violations of the councils’ constitutions, bylaws, recruitment
regulations and policies, Fraternity and Sorority Life
regulations and policies, FIPG Risk Management Policy, and
any other policies
Note: The FSJC reserves the right to refer these cases to the
appropriate university official
Organization does not correctly
register an event with Fraternity and
Sorority Life Office.
Appeals and Mediation Any appeal of a council judicial board decision may be brought before the FSJC if permitted by
that council’s governing documents.
The FSJC will mediate disputes between fraternal organizations and/or councils and reserves the
power to decide in the event of failed mediation.
How to...Determine Jurisdiction
1. Did the situation endanger an individual’s safety, health (physical or emotional), or freedom?
2. Do the complainant and accused fall under the same governing council?
3. Has the accused organization recently appeared before the FSJC or council judicial board for a similar violation?
4. Did the complaint come directly from FSL?
5. Does the incident affect the greater fraternity and sorority community or a smaller group within a council community?
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Composition
Eligibility
Job descriptions
Removal
Eligibility To be and remain eligible to serve as an associate justice, you must:
Be affiliated for at least 3 quarters
Maintain a 2.5 quarter GPA
Be and remain in good standing with their chapter and the University
Not concurrently serve as an officer on a governing council or chapter president
You cannot serve in an associate justice position two years consecutively. You can only serve
again if not enough applications are received to fill the positions. Each council is responsible for
filling its four justice positions.
Your Role Chief Justice Preside at meetings of the FSJC on a rotating basis;
Preside at hearings relating to council related incidents;
Review all cases with the FSJC Advisor prior to the hearing to ascertain
jurisdiction and validity;
Assign associate justices to the review committee;
Perform all necessary communication and preparation of materials and
procedures related to the case throughout the process;
Announce final ruling;
Keep confidential all matters relating to judicial proceedings;
Maintain impartiality and objectivity during judicial proceedings;
Educate all members of the FSJC according to the Constitution and Bylaws;
Vote in the event of a split decision.
Associate Justice Hear and decide all cases brought before the FSJC
Each associate justice will have one vote
Serve on review committees as assigned
Keep confidential all matters relating to judicial proceedings
Maintain impartiality and objectivity during judicial proceedings
Participate in justice and FSJC training
Perform any other tasks as agreed by the FSJC to enhance its performance as
the judicial council of Cal Poly Fraternity and Sorority Life Case Secretary Be appointed per case on a rotating basis from the Associate Justices by FSL
Assist the Chief Justice with preparation for the pre-hearing and hearing
Write the mediation agreement or list of the issues in mediation meeting
Keep minutes of the hearing
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How to Lose Your Job Any Panhellenic, Interfraternity, or USFC officer, chapter president, or FSJC justice may initiate
impeachment of an associate justice, which will follow the traditional hearing process.
Any associate justice may be removed from office for any of the following reasons:
Nonperformance of duties.
Unexcused absences from more than one FSJC meeting or hearing.
Failure to maintain a 2.5 quarter GPA.
Failure to maintain good standing with their organization and/or the University.
Failure to remain neutral.
Failure to remain confidential
Impeachment proceedings.
N otes
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Rights and Due Process
Definition
Due process in FSJC
Rights of the accused and complainant
What is due process? A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will
be given notice of the proceedings and an opportunity to be heard before the government acts to
take away one's life, liberty, or property; a constitutional guarantee that a law shall not be
unreasonable, arbitrary, or capricious. (Due process of the law, West's Encyclopedia of
American Law, 2008)
What does this mean for the FSJC? This means that all parties involved in an FSJC hearing or
mediation have the right to a fair process free of bias with the guarantee to present their case
before the board. It also means that all parties will receive proper notification throughout the
process and the FSJC will not make decisions arbitrarily or choose outrageously unreasonable
sanctions.
Due Process Each organization has the right to due process.
Involved parties have the right to choose up to two representatives to present their case.
Involved parties have the right to an organization advisor to advise them during the
process. (NOTE: The advisor may not directly address the hearing body, question
witnesses, or actively participate in the hearing process. Attorneys serving in an
advisory capacity may not otherwise participate in the conference or hearing in a
representational or advocacy role). (http://www.osrr.calpoly.edu/faq/)
If more than one organization is named in the complaint, they will be addressed through
separate hearings under the jurisdiction of the appropriate Chief Justice.
Past offenses are not considered when determining responsibility.
Past offenses will be considered when deliberating sanctions and the sanction files will be
consulted.
The sanction files will be confidential and only used for the sanctions. All files will be
kept securely in Fraternity and Sorority Life.
Fun Fact
The IFC Vice President of Judicial Affairs, the PHA Vice President of Judicial Affairs and Risk Management, and the USFC Vice President External will not serve as the Chief Justice in cases involving their chapter.
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What rights would you want as the accused? As the complainant?
Rights of the Accused
The right to be notified of the charges against them, in writing, within 24 hours of the
case being reviewed.
The right to enter a plea of their choosing without undue pressure or coercion.
The right to know the identity of the reporting party (unless there is evidence that doing
so would endanger the complainant/reporter).
The right to make a one-time request to reschedule the hearing date with reason. The
request must occur at least 48 hours before the scheduled hearing. The Chief Justice will
decide whether or not to grant the request.
The right to be notified of the decision of the FSJC in writing (electronic or paper) within
two business days after the hearing.
The right to witnesses to support their case during a hearing.
The right to not witness against themselves.
The right to challenge the presence and service of a justice on the hearing board for their
case.
The accused do not have the right to be present during deliberation.
Rights of the Complainant
The right to request in writing the complainant and accused are heard separately by the
FSJC for safety purposes. The request will be decided by the Chief Justice and FSL
representative.
The right to make a one-time request to reschedule the hearing date with reason. The
request must occur at least 48 hours before the scheduled hearing. The Chief Justice will
decide whether or not to grant the request.
The right to witnesses to support their case during a hearing.
The right to challenge a justice from serving on the hearing board for their case.
The complainant does not have the right to be present during deliberation.
Works Cited
Due process of law. In (2008). West's Encyclopedia of American Law (2nd ed.). The Gale Group, Inc.
Retrieved from http://legal-dictionary.thefreedictionary.com/Due Process of Law
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Review and Referral
Filing a complaint
Review committee
How to refer a case
Notification
Who can file a complaint? A complaint may be filed against a fraternity or sorority organization or governing council by a
council president or equivalent, council judicial officer or equivalent, chapter presidents, or
Fraternity and Sorority Life. The Fraternity and Sorority Life office has the ability to file
complaints on behalf of faculty, staff, students, and community members.
A complaint is filed by completing a Judicial Complaint Form and submitting it to FSL. The
form must be completed within 10 business days of knowledge of the incident.
Appeals are filed by filling out the Basis of Appeal Form and submitting it to FSL within 5
business days of receiving the written notification of the council’s decision.
Reviewing a Case
Step 1: Form the Review Committee
FSL will assign the review committee. The review committee will consist of the Chief Justice,
Case Secretary, and one additional associate justice. The Chief Justice must be from the council
that the accused organization belongs to. The associate justices must not be members of the
organizations involved in the complaint.
Step 2: Review the Complaint or Appeal
The committee members will individually review the complaint and complete the referral section
on the Judicial Complaint Form. A two-thirds agreement will refer a case. If there is no clear
decision the committee will meet to discuss.
Timeline A statute of limitations is a practice that sets the maximum time after an event that judicial
proceedings based on the event may be initiated.
The statute of limitations for incidents is 10 business days from knowledge of a potential policy
violation occurring. If the event occurs outside of the constraints of the academic term, the
statute of limitations is 10 business days into the next academic term (excluding summer
terms).
There will be instances in which a case could take longer than the prescribed timeline. Written
notification will be sent to the chapter president with an updated timeline and reason for the
delay. For instance: The FSJC is expecting a report from UPD regarding a current case. Due
to the complexity of the situation, information gathering is taking longer than expected.
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Step 3: Select a date and assign remaining justices
If proceeding with a mediation or hearing, the Chief Justice will need to select the date, time, and
location of the mediation and hearing. If moving to a hearing, the Chief Justice will also select
the remaining 4 justices to serve on the hearing board and 2 alternate justices. The case
secretary and associate justice on the Review Committee will serve.
Step 4: Notification
It is the responsibility of the Chief Justice to notify all parties of the next step in the judicial
process immediately following the Review Committee’s decision. Who should be notified?
Complainant and accused organizations, accused’s national office, FSL, accused’s governing
council president, and accused’s advisor.
How to...Refer a Case
1. Is the complaint valid and is there enough evidence of an infraction occurring?
Yes—Move to Step 2
No—Dismiss the complaint
2. Can the case be referred?
Complaints from FSL and cases involving multiple councils cannot be referred away from the FSJC.
Complaints submitted directly to the FSJC that involve major violations must be referred to the appropriate university official.
3. Does the FSJC have jurisdiction in the case?
Yes—Move to Step 4
No—Refer to the appropriate University official
4. Does the complainant request mediation and/or could this complaint be resolved in mediation?
Yes—Refer to mediation
No—Move to Step 5
5. Is the complaint sensitive or serious enough that you feel it is too difficult for the FSJC to decide?
Yes—Refer to the university
No—Refer to hearing
Good to Know
A hearing or mediation should occur within 7 business days of the time of original report to Fraternity and Sorority Life. It’s a quick process!
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Notification Every notification letter should contain the following:
☐Hearing/mediation time and date
☐A list of plea options and their meanings
☐Charges
☐Who brought the charges
☐Identities of the complainant (when appropriate) and accused parties
☐Rights of the accused or complainant
☐Right to schedule a pre-hearing meeting with FSJC advisor and Chief Justice
☐Judicial procedures
Here is an example notification letter:
September 23, 2014 ORGANIZATION NAME Attn: PRESIDENT NAME, President ADDRESS CITY, STATE ZIP Sent via email to STUDENT EMAIL ADDRESS RE: Hearing Notification Dear PRESIDENT NAME, Based upon the complaint filed with Fraternity and Sorority Life by REFERRING PARTY, your organization is charged with violations of the NAME OF DOCUMENT VIOLATED. The sections of the DOCUMENT relevant to this incident(s) are: POLICY NAME (Insert Text of Code) Regulations (Insert List of Regulations Violated) PLEA OPTIONS (Responsible, not responsible, no contest) It has been determined that these charges will be heard before members of the Fraternity and Sorority Judicial Council. You reserve the right to request rescheduling of this hearing one time if needed. Your request to reschedule will be approved or denied by the Chief Justice assigned to your case. Postponements are not normally granted, and will be considered only when compliance would result in significant and unavoidable hardship for the respondent. If you need to reschedule the hearing, please contact CHIEF JUSTICE EMAIL. The details of the hearing are as follows: DATE, TIME, LOCATION You have been provided with a copy of the specific allegations against you, the rights of the accused, and hearing procedures. You are afforded an opportunity to discuss them and review the evidence in a preliminary meeting with an FSL representative and Chief Justice. You are welcome to bring your campus and/or chapter advisor to this meeting, though it is not required. You may, also, bring up to one additional officer should you choose. You must schedule this meeting for a date and time occurring before DATE. Please email SOMEONE to schedule your appointment. It may help to become familiar with the judicial procedure of Fraternity and Sorority Life. If you have any questions or concerns regarding the student conduct system or your case, please feel free to contact our office. Sincerely, CHIEF JUSTICE NAME Chief Justice of the Fraternity and Sorority Judicial Council
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Mediation
Definition
Involvement
Process
Practice
What is mediation? Mediation is an attempt to settle a dispute between two or more organizations. The process
involves an equal sharing of issues by all parties and discussion to determine acceptable
solutions and compromises for everyone involved. The goal of mediation is to resolve issues
without a formal hearing and help all involved organizations move forward positively from the
conflict.
Who attends mediation? The mediator will be Chief Justice assigned to the case and the Case Secretary will complete the
Record of Mediation during the process. The FSJC Advisor or FSL representative is allowed to
attend all mediation.
Each organization may only have 1-2 representatives in attendance at the mediation. The
representatives should be decision makers in the chapter i.e. presidents or vice presidents. Each
party must be represented equally. One advisor is allowed per organization. The advisor may
only provide advice to their organization—not participate in the mediation conversation. No
observers are allowed.
Mediation Process
Step 1: State the rules
Begin by stating the ground rules for behavior for all parties involved and get verbal
confirmation of their understanding. Rules are, but not limited to:
Participants may only address the Chief Justice, not each other
Advisors may not participate in the mediation
All questions must wait until after each side has presented their information
Mediation Tip #1
The mediator should not seem to be partial to one party or appear to have preconceived ideas about the case.
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Step 2: Airing of grievances The complainant will begin by sharing their version of the incident, grievances, and relevant
information uninterrupted. Then the accused will share their version, grievances, and
information uninterrupted. It is important the Chief Justice remains in control of the
conversation.
Step 3: Questions
Each party is allowed to ask questions of the other following the airing of grievances. The Chief
Justice will moderate the questions.
Step 4: Exploration of solutions
This is the most important part of mediation. Parties will work with the Chief Justice to
brainstorm possible solutions, outcomes, and next steps that will resolve the issue(s) and are
agreeable to all parties involved.
Step 5: Completion of the Record of Mediation
The Record of Mediation will either contain the agreements between the parties involved or the
list of grievances to be used in a formal hearing. The document will be prepared by the Case
Secretary and must be signed by representatives from the involved parties. Copies will be
provided to all parties within 2 business days of the mediation.
If the mediation results in unanimous agreement, the agreement is the final decision and result of
the complaint and the process is over. If not, the process moves into pre-judicial hearing
procedures, a new Case Secretary is assigned for the hearing, and the hearing must occur within
3 business days of the mediation.
The mediation process is also presented in a checklist format in Appendix C.
Mediation Tip #2
Mediators should use a technique known as active listening. This involves focusing on the person communicating, working to understand the speaker,
being aware of non-verbal cues, encouraging sharing without judgment, actively respond with questions and summarization.
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Practice Mediation
Split into small groups (of at least 3 people) and work through the following scenarios. One
person should represent each organization and there should be one chief justice/case secretary.
Scenario #1
It is mid-November and Alpha Beta Chi, a member of Panhellenic, and Zeta Upsilon Zeta, a
USFC organization worked together all quarter to plan a program for the beginning of
November. Zeta Upsilon Zeta believes the original agreement was that the costs of the program
were to be split between the organizations 50-50%. Alpha Beta Chi believes the agreement was
that ABX would provide more volunteers and only be responsible for 25% of the cost of the
program. Now that the event has happened, ABX is refusing to pay more than the 25% and
balances are due to vendors. There is a fear that if the bills are not paid soon, the vendors might
resort to collection agencies. Both organizations have agreed to mediation.
Scenario #2
Recently Delta Nu Sorority and Eta Chi Omega Fraternity had a social event together in order to
build relationships between the two organizations. Following the event, the women of Delta Nu
feel they were sexually harassed and disrespected by the men of HXO. The relationship between
the two groups is now strained and DN swears they will never work or socialize with HXO again
and are demanding an apology. HXO feels they did nothing wrong and do not understand why
DN is upset. The groups were referred to mediation by the review committee.
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Pleas and their Meanings
Plea Options
Plea Meanings
Hearing procedures
Plea Options Once chapters have been notified of the charges against them, there are 3 plea options they can
enter; Responsible, Not Responsible, and No Contest. No Plea Necessary, or “Failure to
Comply,” is a plea submitted on behalf of the chapter by the FSJC. A chapter’s decision to enter
a plea can occur before a hearing or at the designated hearing time. No matter the plea
submitted, the sanctioning decision making process should not be affected. No Plea Necessary
can be entered for a chapter only after the FSJC has made a good faith effort to notify the chapter
of the charges against them and their responsibilities.
Plea Meanings Responsible – By entering a plea of responsible, the chapter is agreeing with all
evidence/facts presented by the FSJC.
Not Responsible - By entering a plea of not responsible, the chapter is disagreeing with
all of the evidence/facts presented by the FSJC.
No Contest - By entering a plea of no contest, the chapter is not denying some of the
evident/facts presented by the FSJC, but are asking for the opportunity to present their
side of the incident or rebut some of the charges.
No Plea Necessary - In this case, the charges are "Failure to Comply." This could refer to
a chapter’s failure to comply with the judicial process i.e. refusing to acknowledge a
notification letter. It could also refer to a chapter’s failure to fulfill sanctions that were
passed down in an earlier judicial board case once the chapter had been found guilty.
Since the chapter has provided no defense, or the sanctions were not completed, there is
no argument and consequently chapter is found guilty of failure to comply.
Hearing Procedure The hearing is a formal event that must be taken seriously by all involved. It is very important
that all procedures are followed in a hearing to avoid appeal on basis of procedural issues.
Responsible Plea
o President schedules pre-hearing meeting and comes with suggested sanctions from
the chapter
o President, chief justice, and FSJC Advisor agree on what sanctions should be and
sanctions are given
Not Responsible Plea
o Formal judicial board hearing
o Witnesses called
o Chapter can have an advisor present, but advisor cannot address the board
o Preponderance of the evidence standard
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No Contest Plea
o Formal judicial board hearing
o Chapter can state it’s case and answer questions from justices
o Chapter can have an advisor present, but advisor cannot address the board
No Plea Necessary
o Informal judicial board hearing
o Failure to comply is considered in the sanctioning or appeal process
Good to Know
If the accused fails to appear for the hearing, it will continue without them and no defense will be presented. If the complainant does not appear, their lack of attendance could be considered during deliberation.
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Judicial Procedure
Standard of evidence
Pre-hearing procedures
Hearing procedures
Order of events
Deliberation
Standard of Evidence Standard of evidence refers to the level of proof a party must present during proceedings to prove
its allegations. The standard of evidence used to determine responsibility in the FSJC system is a
preponderance of evidence (more likely than not). This determination will be made by the
justices in the hearing process.
Pre-Hearing The first step in pre-hearing procedures is notification. All parties must be notified 3 business
days prior to the hearing. The notification should include: the charges, plea options and their
meanings, the time and place of the hearing, the rights of the accused or complainant, the option
for a pre-hearing meeting to review evidence, and how to reschedule a hearing. The pre-hearing
meeting is an opportunity for the accused to meet with the FSJC advisor and Chief Justice of the
case to inspect and review any evidence submitted. A pre-hearing checklist is available in
Appendix D.
Hearing Procedure The hearing is a formal event that must be taken seriously by all involved. It is very important
that all procedures are followed in a hearing to avoid appeal on basis of procedural issues.
The following procedures must be adhered to:
Justices whose interests might interfere with the hearing must recuse themselves.
All hearings are closed meetings. Attendance is limited to representatives of the
parties involved, organization advisors, the FSJC and FSJC Advisor.
The complainant and accused can have only 2 representatives to present their case.
Each organization is allowed 1 advisor to give guidance. Organization advisors are not
permitted to make any statements to the FSJC.
Witnesses are permitted for both sides.
The Case Secretary will complete a written record of the hearing and the hearing will
be audio recorded.
The Chief Justice can call a recess at any time during proceedings. A chapter
representative may request a recess, to be approved at the Chief Justice or FSJC
Advisor discretion.
FSL has the right to halt all proceedings if an FSL representative determines the
proceedings to be detrimental to an individual’s well-being, health, or safety.
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Order of Events The order of events for a hearing is a formula that must be followed every time. For a detailed
order of events, refer to the FSJC Operating Guidelines. In addition, the order of events is
provided in a checklist format in Appendix E.
1 Call to order and all but the relevant individuals must leave the room. Witnesses will wait
outside of the hearing room.
2 Introductions and review of expectation of confidentiality.
3 Challenging of present justices by the accused and/or complainant. Each party is allowed
to challenge 1 justice each if desired.
4 Inform all present that providing false information will result in additional judicial action.
5 Reading of formal charges and response of accused.
6 Complainant presents case against the accused and submits any additional evidence.
7 Accused pleads their case and submits any additional evidence.
Fun Fact
If the accused admits to full responsibility for all charges, the justices reserve the right to skip all
witness testimony.
8 Call for witness testimony from the complainant. See FSJC Operating Guidelines for detailed witness procedures.
9 Call for witness testimony from the accused.
10 The accused is invited to question the complainant and vice versa. All questions will be
addressed to and mediated by the Chief Justice.
11 Closing summary statements are heard from both parties.
12 FSJC may ask any additional questions to either party.
13 The hearing will be dismissed by the Chief Justice and the FSJC will enter deliberation.
Fun Fact
The accused organization may choose to wait outside of the room for the final decision.
Everyone else must leave.
Questioning Questioning is the most important aspect of the hearing process. The better questions you ask,
the more useful information you can obtain from all participants. Here are some tips to
remember when you are asking questions:
Open-ended Questions
Open-ended questions (Who? What? How?) rather than closed-ended questions (Did you? Were
you?) allow respondents to answer with possibly more information than requested and avoid
yes/no responses.
25
Example
Closed-ended: “Were you angry when you broke the window?”
Open-ended: “What were you thinking/feeling when you broke the window?”
Multiple Choice Questions
Avoid asking multiple choice questions because you end up only providing answers you deem
appropriate rather than allowing for any possible response. This type of question often provides
the respondent with the answer the justices wish to hear.
Example
“What were your feelings when the window was broken? Were you angry, elated, frustrated, or
just letting off steam? This was right around exam time.”
Embrace Silence
Don’t worry if a person does not respond to a question immediately. Allow the person ample
time to think of their response without pressure. Do not assume they do not understand question
and avoid filling the silence with unnecessary explanation.
Deliberation Deliberation is the time where the board reviews the evidence and information gained in the
hearing to determine responsibility. It is confidential and comments are not to be reported
outside of the room with the exception of the official written decision. Only the Chief Justice,
assigned associate justices, and FSJC advisor or FSL designee are permitted in the room for
deliberation.
FSJC shall decide if there is sufficient information to support the allegations based on the
preponderance of evidence. If the FSJC finds there is sufficient information to support the
allegations, the decision will be Responsible. If the FSJC finds there is not sufficient
information to support the allegations, the decision will be Not Responsible.
Sample Questions
What effect did your actions or behavior have on others? On the community? On
yourself?
What other options were there for you in this situation?
How would you feel if you were on the other side of your actions?
What would be the consequences to the community if everyone engaged in
comparable behavior?
Please describe the decisions that led to the actions/behaviors.
Explain what you hoped to accomplish through your actions.
Who was involved in the incident?
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It is very important that past offenses are not to be considered during deliberation. The decision
will be made by simple majority vote of the associate justices and the Chief Justice will only cast
a vote in the event of split vote.
Deliberation will occur as follows:
1 The justices will review the alleged violations with the evidence presented.
2 Past offenses may not be considered during deliberation.
3 The Chief Justice will take a vote from the associate justices regarding decision.
4 Decision will be made by simple majority vote of the associate justices. If the accused is found responsible, the FSJC will move directly into sanctioning.
N otes
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Sanctions
Purpose of sanctioning
Sanction philosophy
Process
Questions for Sanctioning
Sanctions
Completion of sanctions
Works Cited
Purpose of Sanctioning The sanctioning process has four elements—deterrence, education and development, assistance,
and punishment (Saunders & Bente, 2013). The sanctions should be serious enough to deter the
organization from engaging in the behavior again while educating about the consequences of
behavior, both personal and for others.
Sanction Philosophy The FSJC is designed to be educational and restorative to the community. Therefore, sanctions
are designed to educate organizations and prevent repeated violations. The FSJC does not
always have to choose educational sanctions and may impose non-educational sanctions
appropriate to the violations.
All sanctions should be levied consistently and should be related to the violation if possible.
They should also attempt to return to the fraternity and sorority community what was lost as a
result of the violation. Sanctioning results may be reported to:
Accused organization
Accused organization’s national office
University (FSL)
Accused organization’s governing council president
Accused organization’s faculty advisor and chapter advisor
Process Sanctions will be decided by simple majority vote and FSL will keep record of all sanctions.
Fraternity and Sorority Life reserves the right to share the nature of sanctions with the Cal Poly
Fraternity and Sorority community if deemed necessary. There are five factors to be considered
during sanctioning:
Good to Know
Restorative justice emphasizes repairing the harm caused by breaking rules, policies, and laws. When victims, offenders, and community members meet to decide how to repair the harm, the results can be transformational (Centre for Justice and Reconciliation, 2013).
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1 Nature of the violation
2 Level of cooperation of the accused organization
3 Impact of violations on the fraternal, university, and surrounding communities
4 Educational and developmental impact of sanctions
5 Past offenses
Questions for Sanctioning It is helpful to consider the following questions when determining appropriate sanctions in order
to consider the development of the individuals in the organization involved.
What was the intent and motivation? Were they aware of possible consequences?
What were the actual consequences of the behavior? Potential consequences?
What is the attitude of the organization?
What significant or mitigating factors would warrant a more severe or lesser penalty?
What action by the board would help the organization learn and grow from this
experience?
Is the sanction in anyway demeaning? If yes, it is not an appropriate sanction.
Sanctions There are three categories of sanctions based on the level of offense. Justices reserve the right to
use sanctions from any category and mix sanctions from different categories. The categories are
to be used as guidelines.
Minor: appropriate for minor violations and first time offenses
Intermediate: appropriate for more serious violations and second offenses
Major: appropriate for serious violations and third or more offenses
Prohibited: Prohibited sanctions are revoking recruitment privileges and removal of chapter or
charter
Minor
A. Letter of reprimand
B. Community service (up to 5 additional hours per individual member)
C. Educational program
D. Letter of apology
E. Restitution or reimbursement
F. Other sanctions may be considered if necessary
Intermediate
A. Campus or community service (up to 10 additional hours per individual
member)
B. Restitution or reimbursement
C. Suspension or probation from participation in or holding social events on or
Did You Know
If an organization is found responsible for a repeat offense, they must be sanctioned at the intermediate or major levels.
29
off campus
D. Suspension or probation from participation in sporting events (including
intramurals)
E. Public apology
F. Educational programs (multiple)
G. Other sanctions may be considered if necessary
Major
A. Campus or community service (up to 15 additional hours per individual
member)
B. Educational programs (multiple)
C. Fine not to exceed $1,000
D. Public apology
E. Suspension from:
a. Having or participating in social events on or off campus b. Participation in council sporting events, including participation in
intramurals
c. Possible suspension or loss of recognition from a chapter’s governing council
d. Co-ed programming
F. Recommendation of removal of organization recognition from Cal Poly and governing council
G. Recommendation of a membership review to the national organization
H. Referral to university to hear the case (if it hasn’t yet been initiated by the university)
I. Other sanctions may be considered if necessary
Completion of Sanctions The Chief Justices will work with FSL to ensure sanctions are completed. If sanctions are not
fulfilled, the matter will be referred back to the FSJC for further judicial action. The FSJC then
reserves the right to re-evaluate the sanctions or refer the matter to a university entity for
disciplinary action.
Completion of Sanctions Centre for Justice and Reconciliation. (2013). Restorative justice online. Retrieved from
http://www.restorativejustice.org/
Saunders, T.M. & Bente, C.M. (2013). Hazing adjudication guide for colleges and universities. (1 ed., pp. 52-54). College Park, MD.
Feeling Bad
It is completely normal to feel empathetic to an accused’s situation—it is part of being human and being a caring individual. You may have, in fact, been in a similar situation at some point. It is important to remember you have a responsibility to the fraternity and sorority and campus communities. Remember it is important to separate empathy from the facts of the case and the standard sanctions for behavior. Oftentimes, your decision will not be popular in the short term, but will truly help improve the organization and community in the long run. (Saunders & Bente, 2013).
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Mock Hearing
Situation
Assignments
Hearing Notification
Witness Notification
The Hearing
Decision Notification
Situation Accused Organization: Alpha Beta Gamma Fraternity
Complainant Organization: Zeta Upsilon Zeta Sorority
Date of Incident: August 29, 2014
Time of Incident: 11:05pm
Location of Incident: 999 Missouri Ave, San Luis Obispo, CA (Unofficial Alpha Beta Gamma
House)
Witnesses: Shawn Lassiter, Katie Burton, Melissa Guster
Nature of Violation: Violation of Governing Document; Risk Management Violation
Governing Document: FIPG Risk Management; IFC Governing Document
Policy Violated in Above Document: Alcohol policies; harassment
Description:
A party took place at 999 Missouri Avenue which is also known as the Alpha Beta Gamma
House. The party was reported to have 40-60 people in attendance including at least 10 Alpha
Beta Gamma members, various sorority women, and multiple underage drinkers. The report also
claims there was open source alcohol at the event. The open sources were beer, vodka, and 151.
These were provided to all participants in attendance. The report states there were multiple
underage drinkers, both male and female. The party was not correctly registered with IFC and
Fraternity and Sorority Life.
David Potter and Ryan Wolfey, both members of Alpha Beta Gamma, began to shout rude and
derogatory speech at three women of Zeta Upsilon Zeta (Stacy Hathaway, Bridget McAdams,
and Claudia Johnson). David Potter is 21 years old and Ryan Wolfey is 19 years old and both
were drinking beer from disposable cups. Witnesses heard the men yell “Bitches don’t drink for
free” and “You sluts need to leave.” Similar statements were shouted at other women throughout
the night and three other men joined Potter and Wolfey.
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Assignments for Mock Hearing
Chief Justice:
Case Secretary/Associate Justice 1
Associate Justice 2
Associate Justice 3
Associate Justice 4
Associate Justice 5
Associate Justice 6
What are the first steps after this incident is referred to a hearing?
Who is the complainant in this case?
Who is the accused in this case?
What would make a justice unable to serve on this case?
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Hearing Notification Fill out the necessary parts of the letter in the blanks below.
DATE
ORGANIZATION NAME
Attn: PRESIDENT NAME, President
ADDRESS
CITY, STATE ZIP
Sent via email to STUDENT EMAIL ADDRESS
RE: Hearing Notification
Dear PRESIDENT NAME,
Based upon the complaint filed with Fraternity and Sorority Life by REFERRING PARTY
, your organization is charged with violations of the NAME OF DOCUMENT VIOLATED
. The sections of the DOCUMENT relevant to this
incident(s) are:
POLICY NAME
(Insert Text of Code)
Regulations
(Insert List of Regulations Violated)
It has been determined that these charges will be heard before members of the Fraternity and Sorority Judicial Council. You reserve the right to request rescheduling this hearing one time if needed. If you need to reschedule the
hearing, please contact CHIEFJUSTICEEMAIL@ . The details of the hearing are as follows:
DATE, TIME, LOCATION
You have been provided with a copy of the specific allegations against you, the rights of the accused, and
hearing procedures. You are afforded an opportunity to discuss them and review the evidence in a preliminary
meeting with an FSL representative and Chief Justice. You are welcome to bring your campus and/or chapter
33
advisor to this meeting, though it is not required. You may, also, bring up to one additional officer should you
choose. You must schedule this meeting for a date and time occurring before DATE
. Please email ___________ to schedule your appointment.
It may help to become familiar with the judicial procedure of Fraternity and Sorority Life. If you have any questions
or concerns regarding the student conduct system or your case, please feel free to contact our office.
Sincerely,
CHIEF JUSTICE NAME
Chief Justice of the Fraternity and Sorority Judicial Council
cc: File
ACCUSED ORGANIZATION NATIONAL OFFICE
CAL POLY Fraternity and Sorority Life
GOVERNING COUNCIL PRESIDENT, GOVERNING COUNCIL
NAME, Faculty Advisor
NAME, Chapter Advisor
Witness Notification
September 23, 2014
STUDENT NAME ADDRESS
CITY, STATE ZIP
Sent via email to STUDENT EMAIL ADDRESS
RE: Witness for Hearing Notification
Dear NAME,
You have been identified as a witness for the COMPLAINANT/ACCUSED in regards to the incident occurring on
DATE. The hearing before the Fraternity and Sorority Judicial Council has been scheduled for DATE, TIME at
LOCATION. If you are unable to attend, please contact CHIEFJUSTICEEMAIL@Cal Poly.edu.
If you have any questions or concerns regarding the student conduct system or your case, please feel free to contact
our office.
Sincerely,
CHIEF JUSTICE NAME
Chief Justice of the Fraternity and Sorority Judicial Council
cc: File
34
The Hearing Proceed through the hearing as you would a real one using the FSJC Operating Guidelines and
hearing checklist. There are two witnesses for the complainant (Melissa Guster and Katie
Burton) and one for the accused (Shawn Lassiter).
Refer to the appendices of this manual for the checklists, note sheet, and Case Adjudication
Record. If you have questions or get stuck, be sure to ask the advisor questions for clarification!
Following the completion of the mock hearing (including sanctioning), discuss as a group what
was done well and what can be improved.
What was done well? What should be improved?
Other Thoughts
35
Hearing Decision Notification for Accused (Responsible)
September 23, 2014
ORGANIZATION NAME
Attn: PRESIDENT NAME, President
ADDRESS
CITY, STATE ZIP
Sent via email to STUDENT EMAIL ADDRESS
RE: Hearing Decision Notification
Dear PRESIDENT NAME,
Through deliberation of the Fraternity and Sorority Judicial Council, your organization has been found in violation of the following: NAMES OF VIOLATED POLICIES. This is defined in the DOCUMENT NAME
under POLICY NAME at Cal Poly. Specifically, it has been determined that ORGANIZATION is in violation due
to the attached report.
As a result of these violations, the following sanctions are to be imposed beginning DATE:
1. LIST SANCTIONS WITH RESPECTIVE DUE DATES
2. X
3. X
4. X
Failure to complete any of these sanctions by the appropriate deadline will result in an additional charge
before the Fraternity and Sorority Judicial Council and a second judicial meeting will convene. This may
result in additional sanctioning.
If you feel the hearing was not completed fairly following the judicial procedures of Fraternity and Sorority Life,
you may submit your appeal to the Coordinator of Fraternity and Sorority Life.
Please feel free to contact me with any questions or concerns you may have regarding this matter.
Sincerely,
CHIEF JUSTICE NAME Chief Justice of the Fraternity and Sorority Judicial Council
cc: File
ACCUSED ORGANIZATION NATIONAL OFFICE
CAL POLY Fraternity and Sorority Life
GOVERNING COUNCIL PRESIDENT, GOVERNING COUNCIL
NAME, Faculty Advisor
NAME, Chapter Advisor
Attached: Case Adjudication Report
36
Follow Up
If responsible,
organization must sign contract within 1 week
of hearing.
Day 0
Complaint filed with
FSL
Day 1
FSL assigns review
committee
Hearing
(not responsible or no
contest)
Day 2 Complaint is reviewed
within 24 hours
Referral to the appropriate
University official
Day 4
Chief Justice selects date and time for
mediation or pre-hearing meeting and sends
organization written notification.
Day 4 Chief Justice selects date, time, 4 associate
justices, and 2 alternate associate justices.
Notification of hearing is sent to the parties
involved.
Day 7
Mediation/Pre-
Hearing Meeting occurs
Day 5-6
Agreement No Agreement
Day 5-6 Day 7
Hearing Occurs
Day 8
Chief Justice notifies
parties of hearing.
Day 9 or 10
Hearing occurs
Day 8-9 Parties will be notified
of findings
Day 11-12 Parties will be notified
of the findings
Start
Chapter requests an appeal, process starts
from beginning
Mediation or Pre-
Hearing Meeting
(responsible)
Day 3 Chief Justice sends organization
written notification, the chapter has 24
hours from notice to enter a plea
Appendix A: Judicial
Process Flow Chart
37
Appendix B: Judicial Complaint Form
I would like this case to be referred to:
☐ Fraternity and Sorority Judicial Council
☐ Mediation (skip policy violation section)
☐ Governing Council judicial board
Accused Organization
Organization: Click here to enter name of organization.
President: Click here to enter name. Email Address: Click here to enter email
Phone: ex. 111-222-3333
Complainant Individual(s)/Group Name: Click here to enter name of organization.
President: Click here to enter name.
Email Address: Click here to enter email Phone: ex. 111-222-3333
Details: Date of Incident: Click here to enter a date.
Time of Incident: Hour : Minutes ☐AM ☐PM
Location of Incident: Click here to enter location.
Possible Witnesses (use additional sheets for more witnesses if necessary)
Name: Click here to enter name. Email Address: Click here to enter email
Phone: ex. 111-222-3333
Name: Click here to enter name.
Email Address: Click here to enter email
Phone: ex. 111-222-3333
Name: Click here to enter name.
Email Address: Click here to enter email
Phone: ex. 111-222-3333
38
Description Nature of Violation: Choose a violation. Governing Document: Click here to enter text.
Policy Violated in Above Document: Click here to enter text.
Please give a detailed factual description of the incident.
Click here to enter text.
*Please attach any additional evidence of the violation*
I, hereby, bring formal complaint against the aforementioned above and assert all information above is factual and correct.
Signature:
Print Name:
Position: Date: Click to enter a date.
To be completed by Fraternity and Sorority Life
Date submitted: Report properly submitted? Yes No
If no, briefly explain:
Chief Justice assigned:
Case Secretary assigned:
Associate Justice assigned:
To be completed by the FSJC Review Committee Name: Organization:
___Mediation ___University ___Hearing ___Dismissal
Name: Organization:
___Mediation ___University ___Hearing ___Dismissal
Name: Organization:
____Mediation ___University ___Hearing ___Dismissal
Case referred to:
39
Appendix C: Mediation Checklist
Name of Accused:
Name of Complainant:
Date of Mediation:
*Items with asterisks (**) must have a copy made for official file. Initials Date
☐Bring Record of Mediation form
☐Each party is in attendance and has no more than 2 representatives
and one advisor present.
☐Chief Justice set ground rules for behavior of all involved in
mediation:
☐Advisors may not participate in the mediation and may only
provide advice for their organization.
☐Participants may only address the Chief Justice
☐All questions must wait until after each side has presented
their information
☐Other rules deemed appropriate by the Chief Justice
☐All records pertaining to the case will be provided for both parties.
☐Complainant shares their version of the incident and information
uninterrupted.
☐Accused shares their version of the incident and information
uninterrupted.
☐Each party is allowed to ask questions of the other. The Chief
Justice will moderate the questions.
☐Parties will explore possible outcomes and next steps with the help
of the Chief Justice.
☐**Record of Mediation is completed and signed by the parties
involved.
☐Agreement reached and process ends.
OR
☐No agreement reached and process moves into pre-hearing
procedures.
☐Copies are provided to both parties within two days of mediation.
☐Case is closed.
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Appendix D: Pre-Hearing Checklist
Name of Accused: Name of Complainant:
Chief Justice: Date of Infraction:
Associate Justice 1/Case Secretary:
Associate Justice 2/Review Committee:
*Items with asterisks (**) must have a copy made for official file. Initials Date
☐Judicial Complaint Form or Appeal Form is received with all
appropriate documentation.
☐Review Committee reviews the complaint and refers the case within
24 hours of assignment.
Case referred to:
☐Council Judicial Board ☐Mediation ☐FSJC Hearing
☐University ☐Dismissal
If referred to council judicial board:
Initials Date
☐Judicial Complaint Form and all appropriate documentation are
given to the appropriate council judicial officer.
If referred to University:
Initials Date
☐Judicial Complaint Form and all appropriate documentation are
given to FSL.
If dismissed:
Initials Date
☐**Notice of dismissal is sent to complainant organization and
Fraternity and Sorority Life.
If proceeding to mediation: Initials Date
☐Date and time of mediation is decided by Chief Justice
Date: Time:
☐Mediation rescheduled?
New date & time:
☐**Letters of notification of the mediation are sent to the following at
least 3 business days before mediation:
☐Complainant organization
☐Accused organization
☐Fraternity and Sorority Life
41
☐Accused organization’s governing council president
☐Accused organization’s faculty advisor
☐Accused organization’s chapter advisor
☐Accused organization’s national office
Initials Date
☐Response received by complainant and accused organizations.
☐ If mediation is not successful, proceed to hearing procedures.
☐Chief Justice will assign new case secretary for the hearing.
New case secretary:___________________________
If proceeding to hearing:
Initials Date
☐ Date and time of hearing is decided by Chief Justice.
Date: Time:
☐**Letters of notification of the hearing are sent to the following at
least 3 business days before hearing:
☐Complainant organization
☐Accused organization
☐Fraternity and Sorority Life
☐Accused organization’s governing council president
☐Accused organization’s faculty advisor
☐Accused organization’s chapter advisor
☐Accused organization’s national office
☐Chief Justice assigns remaining four associate justices (AJ) to the
case and two alternates
AJ 1/Case Secretary:
AJ 2/Review Committee:
Associate Justice 3: _____ Associate Justice 4: _____
Associate Justice 5: _____
Associate Justice 6: _____
Alternate Justice 1: _____ Alternate Justice 2: _____
☐Pre-hearing meeting is scheduled with Chief Justice and FSJC
Advisor (on request of the accused)
Meeting scheduled for: ______________________
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Appendix E: Hearing Checklist
Name of Accused:
Name of Complainant:
Date of Hearing:
*Items with asterisks (**) must have a copy made for official file. Initials Date
The following materials are present at the hearing:
☐Copy of hearing procedure
☐FSJC Operating Guidelines
☐Judicial Complaint Form or Basis of Appeal Form
(sufficient copies for justices)
☐Record of Mediation (if applicable)
☐All evidence submitted for case
☐Audio recorder
☐Laptop for Case Secretary
☐FSL designee brings accused organization’s records
Attendance and Call to Order Initials Date
☐**Start voice recorder and have Case Secretary begin minutes.
☐ Each party is in attendance and has no more than 2 representatives
to present their case and one advisor present.
☐All witnesses are waiting outside of the hearing room.
☐Call proceedings to order, introduce justices by first name, the
accused, and the complainants.
☐Review expectation of confidentiality for all involved.
☐Ask for any challenges to justices.
☐ If yes, challenged justice will leave room and remaining
will hear reasoning and make decision in private (simple
majority vote). If a justice is removed, replace with
alternate.
☐Dismiss unnecessary alternates.
☐Inform all present that providing false information will lead to
further disciplinary action. Read the following statement:
“It is expected that all information presented at this hearing will be
true and correct. Be advised that students who willfully provide
false information may face further disciplinary action. Other members of the University community providing false information
will be referred to the appropriate official. If anyone is unable to
43
comply with this request, you should inform the board at this point.
Presentation Initials Date
☐ Read formal charges and ask accused “Do you understand the
nature of these allegations?”
☐Complainant presents their case against the accused uninterrupted. (Additional evidence may be submitted at this time by the complainant and reviewed.)
☐Accused pleads their case uninterrupted. (Additional evidence may be
submitted at this time by the accused and reviewed.)
Witness Testimony Initials Date
☐ If accused takes responsibility, consider skipping witness testimony
(decision made by simple majority vote).
☐Call for witness testimony from the complainant.
(Repeat this process until there are no more witnesses for the
complainant. If you feel testimony is repetitive you may end witness
testimony for the complainant.)
For each witness:
☐Advise witness that providing false information will result
in disciplinary action.
☐Witness will provide testimony & complainant may ask
questions.
☐Cross-examination of witness by the accused.
☐FSJC may ask witness questions.
☐Ask “Are there any more questions?”
☐Remind witness they are prohibited from discussing the case
with anyone. Dismiss the witness. Witnesses must leave.
☐Call for witness testimony from the accused. (Repeat this process
until there are no more witnesses for the complainant. If you feel
testimony is repetitive you may end witness testimony for the
complainant.)
For each witness:
☐Advise witness that providing false information will result
in disciplinary action.
☐Witness will provide testimony & accused may ask
questions.
☐Cross-examination of witness by the complainant.
☐FSJC may ask witness questions.
☐Ask “Are there any more questions?”
☐Remind witness they are prohibited from discussing the case
with anyone. Dismiss the witness. Witnesses must leave.
44
Questioning and Closing Statements Initials Date
☐After all witness testimony, invite the accused to question the
complainant then the complainant may question the accused.
(All questions must be directed to Chief Justice and Chief Justice decides
if a question must be answered.)
☐Each side will present closing summary statements.
☐Inform parties they will be notified of the decision in writing (via
letter or email) within 2 business days and the accused party
reserves the right to wait outside the room for decision.
☐Dismiss the hearing.
Deliberation Initials Date
☐Turn off audio recorder and case secretary will cease taking
minutes.
☐ No one is present in the room except the justices and FSJC advisor
or FSL representative.
☐Remind justices that deliberation is completely confidential and past
offenses cannot be considered in deliberation.
☐Review the alleged violations, evidence presented, and record of
proceedings.
☐Discuss if there is sufficient information to support the allegations
based on the preponderance of evidence.
☐Take a vote from the associate justices (choices are responsible or
not responsible, simple majority vote). (Chief Justice will only cast
vote if the vote is split.) If not responsible, proceed to notification.
Sanctioning Initials Date
☐Remind justices to consider the following during sanctioning.
The nature of the violation
The level of cooperation of the accused organization
The impact of the violations on the fraternal, university and
surrounding communities
The educational and developmental impact of the sanctions
Past offenses from the last five years are to be considered
during sanctioning. Serious or repeated offenses require more
a more serious sanction to be levied.
☐Review the categories of sanctions as guidelines.
• Minor sanctions are appropriate for minor violations and first time offenses.
• Intermediate sanctions are appropriate for more serious
violations and second offenses.
45
i. A second offense of similar nature cannot receive
sanctions below intermediate level.
• Major sanctions are appropriate for serious violations and third or more offenses.
i. A third offense of similar nature cannot receive
sanctions below major level.
☐Sanctions will be decided by simple majority vote.
☐**Read aloud the violations, decision, sanctions, and justification
for official audio recording.
Notification Initials Date
☐Share decision immediately with accused if they chose to wait.
☐**Create notification letter including:
☐ All violations
☐ Date of decision
☐ Decision for each violation
☐ Sanctions
☐ Reasoning for decisions and sanctions
☐ Information about failure to complete sanctions
☐ Appeals process
☐**Create notification letter for the complainant that only says case is
complete. No details should be included.
☐Letters of notification of the decision are sent to the following
within 2 business days:
☐Accused organization
☐Fraternity and Sorority Life
☐Accused organization’s governing council president
☐Accused organization’s faculty advisor
☐Accused organization’s chapter advisor
☐Accused organization’s national office
☐**Have accused organization president and Chief Justice sign the
contract within one week of decision. FSL representative will
witness the signing. Contract will remain on file in FSL office.
46
Appendix F: Board Notes (condensed)
Date:
Chief Justice:
Board Member:
Advisor:
Respondent:
Representative:
Charge:
Charge:
Charge:
Complainant:
Representative:
Complainant Opening Statement:
Complainant Narrative Account:
Respondent Opening Statement:
Respondent Narrative Account:
Witness 1:
Witness Testimony:
Witness 2:
Witness Testimony:
Witness 3:
Witness Testimony:
Witness 4:
Witness Testimony:
Complainant Closing Statement:
Respondent Closing Statement:
Additional Notes:
47
Appendix G: Case Adjudication Report (condensed)
Hearing Date:________________________ Time:______________
Complainant:________________________
Respondent:____________________ Chief Justice:_________________________________________
Case Secretary:_________________________________
CHARGES Decision
1. R NR
2. R NR
3. R NR 4. R NR
5. R NR
NAMES OF WITNESSES
For Complainant For Respondent
1.______________________________ 1. ____________________________ 2.______________________________ 2. ____________________________
3.______________________________ 3. ____________________________
4.______________________________ 4.____________________________
DETAILED NOTES OF TESTIMONY MUST BE RECORDED ON SEPARATE SHEETS
FINDINGS OF FACT:
CONCLUSION:
SANCTIONS:
Rationale: NAMES OF BOARD MEMBERS PARTICIPATING AND VOTING:
1.______________________________
2.______________________________ 3.______________________________
4.______________________________
5.
6.
BOARD ADVISOR:
Other Comments: Dissenting views? If so, what about and by whom?
Any problems, issues, concerns requiring attention:
Anything else the Coordinator needs to know:
