PROCEDURES

                                     All procedures may be referenced in the 2007-08 Student Handbook (pp. 52-66)                                   and the University Initiatives on Alcohol and Other Drugs.

The disciplinary power of the University is independent of prosecutorial or judicial action; its exercise is neither demanded by
pendency of state action nor precluded the absence or failure of state action.

The SJC shall be comprised of ten elected justices - one from each undergraduate class (four), one from each law class (three), one elected at-large from the School of Law, and the SJC Chair and SJC Secretary, both elected by the Student Body.   Alternate justices will be appointed by the SJC Chair. The SJC may appoint a non-voting adviser(s) as necessary.

The Complaint
A person wishing to complain of a violation of the standards of the SJC against a student may bring the complaint to any SJC Justice who will then submit the complaint to the Chair of the SJC.

Investigation
The SJC Chair shall appoint an SJC Justice to conduct an investigation. Following the investigation, the SJC justice shall present a summary of the relevant facts to the SJC. Based on information provided, if the SJC determines by a sufficient evidence of misconduct justifies a further proceeding, it may, by a majority vote of the SJC, vote to hold a hearing.

Information should be reported to the SJC within twelve weeks of the alleged misconduct in order to warrant an investigation.

The respondent has a right to be present at the hearing while witnesses testify and to question them at that time. The Advocate has the same rights as the respondent to be present at the hearing and to question witnesses. All questioning shall be restricted to matters deemed relevant to the specific case by the SJC Chair, who shall regulate the nature of the questioning and proceedings.

The respondent has a right to summon witnesses bearing relevant information to testify.

The respondent has a right to be heard separately when the respondent is one of two or more allegedly involved in a joint misconduct. If none of those respondents in an alleged joint offense request separate hearings, the hearing may be held jointly or separately, as determined by the SJC.

Rights of the Complainant
The complainant has the right to report student misconduct to any SJC member and to have that report investigated.   The complaint will be sent to the Chair of the SJC. The complainant may serve as a witness during an SJC hearing, and will be informed of the outcome of the hearing.

If an SJC justice cannot provide an unbiased decision, the justice shall be excused from the hearing. If the SJC cannot meet quorum for a case, which is seven members, the SJC Chair shall appoint student replacements for the duration of the case.

The respondent and the Advocate shall be permitted to remain present throughout the questioning of witnesses and all other proceedings of the hearing except during SJC deliberations.

After the respondent has had an opportunity to present a defense and after all testimony has been heard, the SJC shall begin deliberations. Deliberations are closed to the respondent, the Advocate, and the complainant.

After all deliberations are concluded, a vote shall be taken. Taking all evidence into consideration, the findings of the SJC must be supported by reasonable evidence. A finding of violation of this policy requires a vote of two-thirds of the SJC justices present.

If a violation is found, the SJC shall impose the appropriate penalty by a vote of at least two-thirds of the SJC justices present.

The SJC Chair shall inform the respondent, the complainant, and the Advocate of the decision of the SJC.

The SJC will take disciplinary steps against any student who retaliates against, harasses or attempts to influence a person with respect to that person's participation in an investigation or hearing.

If the respondent, after receiving proper notification of the hearing, fails to attend, the hearing shall be conducted in the student's absence.

SJC hearings are confidential. The facts about individual cases and their dispositions are to remain confidential to the extent possible,
except for notification of the results to the community. In order to protect privacy and the effectiveness of the process, no one involved in a complaint process should discuss any information regarding the case except with those with a need to know, with the respondent, with the complainant, with their families, or with those to whom they need to disclose information necessary to obtain support until resolution.

If during the hearing, a majority of the SJC determine that they need more information or want to call a material witness(es), as a result of the testimony received, they may suspend the hearing for no more than 48 hours in an attempt to gather that information or call said witness(es). The SJC shall then re-convene the hearing within 48 hours from the suspension.

Sanctions
Having dedicated themselves to Lee's idea of honorable behavior, students accept responsibility for violations of this standard, including penalties imposed by the SJC.   The sanctions the SJC may impose include, but are not limited to, the following:

•  A monetary fine;
•  The payment of restitution for property damage;
•  Specific task(s) related to the nature of the misconduct;
•  Community Service;
•  Removal from University housing;
•  Conduct Probation. A severe warning by the SJC. Period determined by the SJC;
•  Social Probation. A student may not participate in any University sponsored social function held on campus, including fraternity/sorority functions, where alcohol is served. Social probation may be extended to dry functions. Period to be determined by the SJC
•  Suspension. Period determined by SJC. Suspension length can be
for the remainder of a term, a full term, or multiple terms.
• Dismissal from the University.

The SJC may not impose a sanction that requires action by a third-party or entity. In addition to the sanction, education and counseling may be recommended..

University Initiatives on Alcohol and Other Drugs (excerpt)

University Initiatives on Alcohol and Other Drugs for Individuals
The Student Judicial Council (SJC) enforces a three-strike system with
specific consequences for violations of University alcohol/drug policies by
individuals. The Student Judicial Council is advised by a professional staff
member through the Office of the Dean of Student Affairs and all action is
reported to the University faculty through the Student Affairs Committee. A
probationary period is normally associated with an alcohol/other drug
violation, at a minimum.

Conviction of an alcohol- or drug-related violation of the law in the City of
Lexington and Rockbridge County shall be a strike and is handled
administratively. Convictions related to Driving Under the Influence of
Alcohol/Drugs are an exception as outlined below. Conviction of
possession/use of illegal drugs within any campus residence results in
removal from the residence without refund in addition to other sanctions.
Driving Under the Influence of Alcohol or Other Drugs
Independent of the three-strike system, the SJC may suspend or dismiss a
student found to have driven a motor vehicle under the influence of alcohol
or illegal drugs in the City of Lexington or Rockbridge County. Students
who are convicted of driving under the influence of alcohol with a Blood
Alcohol Content of .15 or greater are suspended from the University
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without hearing. There is a presumption of suspension as the sanction by
the Student Judicial Council for students who are convicted of “Refusal”
when arrested for a DUI offense.
A court's imposition of First-Offender's Status, or deferred adjudication,
including any continuance of the case under advisement for an alcohol or
drug-related offense (other than DUI as described below) where the student
admits to the misconduct, enters a plea of Nolo Contendere or "did not
contest,” and where an affirmative sanction is imposed by the court (e.g.,
fine or community service), will result in a strike under these guidelines and
shall be handled administratively.
The following confirmed violations of the University alcohol and other
drug policies and standards may or may not be determined by the
University’s administration or the Student Judicial Council to constitute a
“strike”:
• A violation of University residential alcohol or drug policies (handled
administratively);
• Misconduct that violates other University alcohol or drug policies;
• Drunkenness, when it results in behavior that draws attention to oneself
or endangers self or others;
• Alcohol or drug violations within freshman residence halls, including
possession of alcohol or other drugs (handled administratively and not
heard by the Student Judicial Council).
Sanctions
First Strike: Mandatory education and counseling, plus $100 fine.
Parents or legal guardian(s) of undergraduate students notified upon a
finding of violation. One calendar year probationary period from date
of incident.
Second Strike (within 12 months of the first incident): Mandatory
education and counseling plus a minimum of a $100 fine and
maximum of a $200 fine, up to and including suspension for a full term
or full semester. Parents or legal guardian(s) of undergraduate students
notified upon charge and disposition. These cases are automatically
heard by the Student Judicial Council.
Third Strike (within 12 months of the first incident): Sanction up to and
including dismissal from the University plus a minimum of a $200 fine
and maximum of a $350 fine. Mandatory education and counseling for
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those students not dismissed. Parents or legal guardian(s) of
undergraduate students notified upon charge and disposition. These
cases are automatically heard by the Student Judicial Council.
Students who are suspended for any alcohol/drug-related reason,
whether administratively or by the Student Judicial Council, are
required to participate in alcohol/other drug education prior to
consideration for reinstatement to the University.
Appeal
All administrative or Student Judicial Council decisions on
alcohol/other drug violations are subject to appeal to the University
Board of Appeals. See Student Handbook at page 64.
Notification
As soon as possible in the event of a finding of violation, the SJC
Secretary will issue a notice to the University community outlining the
results of the case. The notice may include basic facts about a case and
the basis for the SJC’s finding.
Criminal Charges
If criminal charges have been filed against a student, the Chair of the
SJC will consult with the Dean of Student Affairs to determine if SJC
action should be postponed until resolution of the criminal case.
Changes to the SJC section of the Student Handbook
Changes to the Blue Book must be approved by a majority of the SJC, the
Student Affairs Committee and the University faculty.