FAQ for Students

What is the purpose of the judicial system?
The University Judicial System affects and applies to all currently enrolled students. Its major purpose is to help create a fair, just, and disciplined university community. The University Judicial System supports the educational mission of the university by educating students about appropriate behavior and by fostering a community where academic success can occur.

The Judicial System is an educational tool with two main objectives: to hold students accountable for unacceptable behavior and to modify those behaviors deemed unacceptable by the university. The system strives to address unacceptable behavior in a manner that informs and guides students toward a greater sense of personal responsibility and toward more mature and ethical behavior.

What does the complaint letter mean?
After an incident report is received in the appropriate office, a complaint letter is sent to the student(s) involved in the incident. This letter indicates what complaints are being brought against the student(s), and instructions to schedule a judicial review. There is also an overview of the rights that will be accorded to every participant in the judicial review.

What are my rights as a student?
Students have several rights. Your case will be judged on the information presented in the judicial review. A listing of your rights may be found in University Student Handbook.

Before the judicial review, you have the right to obtain an advisor from within the university community. The advisor may not be legal counsel or a parent. You have the right to be notified of the complaint brought against you. Should you decide not to attend a judicial review, it may be rescheduled or it may be held in your absence. At the judicial review, you have the right to challenge, with cause, the participation of any review officer or any member of a judicial committee. You have the right to remain silent and will not be forced to answer questions. You may testify on your own behalf, present your own witnesses, and hear, question, or rebut any and all information presented by or to the judicial officer. Finally, you have the right to appeal the decision reached by the judicial officer or judicial board.

For more information on your rights, review the section in the Student Handbook.

What is the agenda for a judicial review?
Many students have erroneous conceptions about what happens in a judicial review. At UNE, reviews are primarily a forum for the fair presentation of various points of view concerning a specific incident. Reviews follow a standard agenda designed to encourage orderly discussion.

  1) First, the review agenda is presented and your rights will be discussed with you.
  2) You will have the opportunity to either "accept responsibility" or "not accept responsibility" for each complaint that has been brought against you.
  3) After accepting or not accepting responsibility, the student is asked to comment on what they remember about the incident.
  4) Witnesses may be asked to make statements individually. They are not present for the entire review. The judicial officer or members of the judicial board may ask questions of those who have made statements.
  5) Finally, the judicial officer and the student may make summary comments if they wish to do so; they are not required.
  6) The student may be asked to leave the room at this point while the judicial officer or members of the judicial committee determine responsibility. Decisions regarding responsibility are made in private. Sometimes a decision may not be determined immediately in order to further review evidence. If the student is found responsible, an appropriate sanction will be determined.

Students are notified in writing of the outcome of their case, and in some cases may be asked to schedule a post-review conference to discuss the outcome and sanction(s) with the judicial officer.

What's the difference between a Judicial Officer Review and a Judicial Committee Review?

Student disciplinary cases may be handled in the following manner:

  1) Complaint(s) against undergraduate students that are not likely to result in suspension or dismissal will normally be referred to a Judicial Officer (Judicial Officer Review)
  2) Undergraduate students who are in jeopardy of suspension or dismissal from the University may be referred to a Judicial Committee (Judicial Committee Review).

Once the determination has been made as to which judicial process will be used, the student(s) will be referred to that judicial officer or body.

Can I bring an advisor?
Both the judicial officer and the accused may elect to have a single advisor accompany them to the hearing. Advisors must be from within the university community (faculty or staff member), and in rare cases a peer. Advisors cannot be legal counsel or a parent. If you have chosen to bring an advisor, you must remember that this individual is there to assist you. An advisor may not participate in the hearing directly. He or she may not question any witness or the judicial officer. The role of the advisor is limited to conferring with their advisee. If you need to request a break in the review so that you can confer with your advisor privately, you may do so.

Who is the Judicial Review Officer?
The Judicial Review Officer is a staff member of the Division of Student Affairs who has been appointed as a university judicial officer. These individuals are specially trained in judicial affairs and have a good working knowledge of University policy and current judicial precedent. If you feel that the staff member is not in a position to render a "fair and impartial" judgment, then you may ask that the case be assigned to someone else. This must be done in writing prior to your hearing.

Should I accept responsibility or not accept responsibility?
As a student who receives a complaint letter, you may either "accept responsibility" or "not accept responsibility". You should know better than anyone which is most appropriate. However, if there is a question in your mind as to whether you are "responsible" or "not responsible" you should probably plead "not responsible" and allow the judicial officer or board to decide on your involvement.

May I bring a witness?
You are encouraged to bring witnesses who have relevant information to the judicial review. It is unnecessary for you to bring character witnesses. Remember, too, that numbers are not important. A group of witnesses saying about the same thing may only add confusion.

If a Judicial Review Committee is convened, witnesses appearing on your behalf will NOT be summoned for you. It is YOUR responsibility to make sure your witnesses are present and on time. The Committee will call each separately to answer questions.

If a judicial officer will hear your case, that person will instruct you to provide the names of witnesses. The witnesses will receive a letter from the judicial officer to request a meeting.

A witness will be allowed to make his/her statement at the appropriate time and then be dismissed. All questions, for any witness, will first be addressed to the judicial officer and then to the witness. The charged student may not directly question any witness.

What kind of sanction(s) am I going to receive if I am found responsible?
A list of sanctions appears in the Student Handbook. There is no way to make specific comments about sanctions except to say that each case is heard on its own merit. Sanctions will follow current case precedent but individual circumstances are taken into account. Sanctions are designed to alter behavior and to make statements about the University's expectations for student conduct. Even sanctions such as suspension are intended to help students learn from their actions and understand how unacceptable behaviors impact others. You should be aware that some violations of university policy might result in suspension or dismissal from the University for a first offense. You should also know that every case is different. Sanctions may vary even for seemingly similar cases.

What is an "educational sanction"?
An educational sanction is a constructive activity assigned to you as a judicial sanction. It is usually designed to enhance your ability to learn from a violation of the University Code of Conduct. In some instances, the educational sanction may relate directly to the nature of the offense. In other instances, it may not. Students who violate the Alcohol Policy, for example, may be sanctioned to complete an alcohol education class and/or write a reflection paper on what they have learned from the experience. The educational sanction is intended to promote thinking and learning that will lead to responsible decision making in the future.

Can I appeal a decision?
If the judicial officer or judicial board determines that you are responsible, you may appeal your case. Appeals may only be filed in the event of:

  1) A reasonable claim of substantive miscarriage of justice
  2) Relevant new evidence
  3) Material procedural irregularities
  4) Imposition of an improper or excessive penalty

An appeal cannot be filed simply because you are unhappy with the decision.

For more information on the appeals process, please review the Student Handbook.

If I decide to appeal, what do I need to do?
First, review the Academic and Disciplinary Appeals policy in the Student Handbook. You must then file a written request, based on the criteria outlined in the Student Handbook. All letters of appeal should be addressed to the Dean of Students. Your letter must explain in detail the grounds on which an appeal should be reviewed. An appeal review will not be a "re-hearing" of your case.

Upon receipt of your letter, the appeals review officer will make a preliminary decision to accept or reject the case based on the evidence you present in support of one or more of the appeals criteria. You will receive a letter from the appeals review officer with his/her decision on your appeal request. If you request is granted, you will schedule an appointment for an Appeal Review.

Why are similar violations handled differently?
Students who are responsible for violating university policy and/or procedure will be assigned an appropriate sanction based on the nature of the violation, the severity of the violation, the judicial history of the student, and/or other criteria as determined by the judicial officer. Sanctions are typically based on precedent set by other similar cases. However, since no two cases or students are exactly the same, sanctions may vary for seemingly similar incidents.

Judicial officers have been trained to determine appropriate sanctions and do not frivolously assign sanctions. They take their jobs very seriously and seek to find education-based solutions to deter future problem behavior and/or reconcile inappropriate behavior.

For a listing of possible sanctions, please view the Student Handbook. This is not an all-inclusive list as sanctions are at the discretion of the judicial officer.

What happens to my judicial record?
All student conduct and related files are maintained for a period of no less than four years after separation from the University. Records may be destroyed at that time. Disciplinary records may be retained for longer periods of time or permanently if specified in the terms of disciplinary sanctions.

Your judicial record is not part of your academic transcript, unless you are suspended or permanently dismissed from the university.

Who has access to my judicial record?
A student's judicial file is kept for internal record-keeping purposes and to provide some insight into a student's past behavior if additional problems arise. Past decisions that resulted in a finding of responsibility will be considered in subsequent hearings when sanctions are determined. These records are released to no one other than officials at the University of New England who have a legitimate need to know and others as permitted by law. In cases involving violent behavior, the accuser may elect to be notified of the outcome of the judicial review. This single exception is in keeping with the reauthorization of Higher Education Act (1998) and the Students' Right to Privacy Act, as amended.

Students with judicial records must sign a consent form before this information can be released to other individuals. HOWEVER, under the recent amendments to FERPA (Family Educational Rights and Privacy Act of 1974), parents of students under age 21 can be notified in writing if their son or daughter is found responsible for a violation of the Alcohol or Drug Policy. It is recommended that students inform their parents of all incidents that result in judicial sanctions. Keeping this type of information from parents can make matters worse if additional violations occur.

What should I do if I can't make it to my review?

If for a legitimate reason you cannot make it to your review, call the Judicial Officer in charge of your case immediately. That person will ascertain whether or not you will be excused and allowed to reschedule. If you do not show up for a hearing, the case will be decided based on the available facts.

What should I wear to the review?
Students should wear something nice but casual, as if you were going out to dinner with family or giving a presentation to a class. While a decision in your case will be decided on facts, how serious you take the matter may influence the outcome.
    
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