University Student Arbitration Board

Dr. Joyce Shotick
100 Heitz Hall, ext. 2421
jas@fsmail.bradley.edu

Purpose

The purpose of the Bradley University Student Arbitration Board is to hear cases in which students have been charged with violating the University’s Standard of Conduct or review appeals to parking regulations. The accused student may choose to have their case heard by judicial officer(s) or the Student Arbitration Board.

Students who have been charged with violating a standard of conduct will be given a fair and objective hearing. Students who have been charged may present information about the incident and may present witnesses. The student has the right to ask questions of anyone who presents information to support the charges. Due process, as outlined in the hearing procedures, will be consistently applied to all cases.

The burden of proof lies on the one presenting the charges (the accuser). The student has the right to be accompanied by an advisor of his/her choosing. The advisor may be an administrative official, faculty member, or student, but may not be a lawyer or have a law degree or enrolled in a law program. Decisions by the Bradley University Student Arbitration Board will be based on preponderance of evidence (more likely than not).

Composition

The Bradley University Student Arbitration Board is comprised of five members of the Bradley University community as defined by the Student Senate Constitution. Three of the five voting members are students who are appointed from the undergraduate student body by the President of the Student Senate. These appointments must be approved by the Student Senate in a two-thirds affirmative vote. The student voting members may hold their office on the Board as long as he/she is an undergraduate student in good standing. Two alternate undergraduate students will be appointed and approved in the same manner.

The other two members are faculty or staff and are appointed by the Vice President for Student Affairs. They serve a two year term and may be reappointed.

The Chairperson of the Board is a voting student member and is appointed by the Interim Vice President for Student Affairs. In the event that the Chairperson will be absent from a hearing, he/she will appoint a Chairperson pro tem.

If any Board member must take a leave of absence, he/she may do so with consent of the Chairperson. The Chairperson will appoint an alternate to serve as a member pro tem during the leave of absence whenever such action is necessary for a quorum. A quorum to conduct a hearing must consist of three members on the Board. A minimum of two of the three members must be students.

Members of the Board are expected to

  • Participate in training sessions

  • Attend meetings of the Board

  • Submit a written opinion of every case in which his/her opinion differs from the majority opinion.

  • An alternate member will only hear cases in the absence of a voting student Board member.

  • Alternate member may attend any organizational or administrative meetings of the Board.

The Chairperson is expected to

  • Preside at sessions of the Board.

  • Keep a record of attendance of members of the Board

  • Write a majority opinion or delegate a majority opinion if he/she is of the majority in a decision. If the Chairperson is in dissent with the majority, the Board member with most Board seniority shall serve in the capacity of the Chairperson.

  • Keep a record of the majority opinion, each dissenting opinion, and each concurring opinion of the Board.

Removal from the Board

An undergraduate student member of the Board may retain his/her membership as long as the student is in good standing with the University. A member may be removed from the Board for misconduct in office by a three-fourths vote of members of the Student Senate present and voting. Any Board member that exceeds five absences from meetings of the Board shall immediately be dismissed from the Board by the Chairperson.

Procedures

When a student has been charged with a violation of the Standards of Conduct, the student has the right to explain the incident. The student also has the right to have his case heard by a judicial officer, or to elect to have the case heard by the Bradley University Student Arbitration Board. The accused student will have an initial meeting with a judicial officer within the Center for Residential Living and Leadership. The hearing process will be explained at that time and if the accused student chooses the Bradley University Student Arbitration Board, he/she will sign a form indicating his/her request for the Student Arbitration Board to hear his/her case. The student who is charged with violating a standard of conduct will receive written notification to appear at the hearing no less than seven days prior to the date of the hearing by the Administrator of the Student Arbitration Board. Any persons who witnessed the event in support of the charges will be contacted by the Chief Student Judicial Officer to attend the hearing. The accused student may also request witnesses of the event to attend the hearing.

Prior to the hearing date and time, Board members must review all information provided in the students’ file. The Board will convene at the date and time of the hearing. The Chairperson will meet with the student who is charged. A recording device will be set up at the hearing and the entire hearing will be recorded verbatim.

At the hearing, the Chairperson will follow the established script cited in the Bradley University Student Arbitration Board manual and state the Standard of Conduct that the student was charged with violating. The Board members will listen to all statements and ask questions.

Upon the conclusion of statements and questions, the Board will adjourn to deliberate. After the majority of members decide upon the students’ responsibility and an appropriate sanction (if applicable), a decision statement is prepared and signed by all Student Arbitration Board members and delivered to the student who is charged. In the cases in which a sexual assault occurred, students will receive notification of the decision from the University’s sexual assault response counselor.

If the student who is charged with the violation of a standard of conduct fails to appear, evidence in support of the charges will be presented and considered. Imposition of sanctions will not be based solely on the failure of the appearance of the student who is charged.

The student, if found responsible, may appeal to the Interim Vice President for Student Affairs. A written appeal must be submitted within five days of the date of notification of the decision statement.

The Board will not hear cases presented less than seven days prior to Fall or Spring semester study days. Similarly, the last day traffic/parking violation appeals can be accepted is on semester study days.