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Guidebook
About
the Undergraduate Judiciary Cabinet
What is the
Undergraduate Judiciary Cabinet?
The
Undergraduate Judiciary Cabinet (UJC) is a board composed of eleven
students: ten Justices and one Chief Justice. Hearing cases involving
non-academic disciplinary charges, the UJC is the highest judiciary
board of the Georgia Tech Student Government.
What is the
role of the Chief Justice?
The main role of the UJC Chief Justice
is to ensure that the rights of the accused and the accuser are
observed throughout the hearing process. When a case is forwarded
to the UJC, the Chief Justice contacts the individuals involved,
informs them of their rights, and describes the hearing procedures.
The Chief Justice presides over hearings and votes only in the
case of a tie.
What do the
Justices know about my case?
The Justices know nothing about the
subject matter of a case until 30 minutes prior to the start of
a hearing. At that time, the Chief Justice distributes packets
of evidence pertaining to the incident in question. This packet
contains factual, official exhibits such as police reports, witness
statements, and other pertinent evidence. At no time prior to
the hearing do the Justices receive the opinion of anyone who
may have previously reviewed the evidence. This method allows
the Justices to remain impartial while still having a basic understanding
of the facts of the case. No person's past disciplinary history
is considered unless guilt is determined; Justices will not see
disciplinary files unless sanctioning is necessary.
What does
a decision of the UJC mean?
A decision of the UJC is a recommendation
to the Senior Associate Dean of Students. Deviation from this
recommendation may occur in the rare case that Institute judicial
policy is not followed.
What is the
role of the Senior Associate Dean of Students during my hearing?
The role of the Senior Associate Dean of Students is to serve
as an advisor to the hearing process. If the Senior Associate
Dean of Students is present for a hearing, the Dean will merely
observe and will not assume an active role in the proceedings.
At most, the Dean's involvement is limited to answering procedural
questions and assisting the Chief Justice in maintaining Institute
judicial procedure and student rights.
Purpose
of a UJC Hearing
The spirit
of a UJC hearing is one of utmost respect for all involved. This
includes the accused, the accuser, witnesses, and the Justices.
The purpose
of a UJC hearing is for a panel of impartial peers to hear the
perspectives of those involved in an incident of alleged non-academic
misconduct and determine the Institute's assessment of the truth.
The Justices decide whether or not any wrongdoing took place;
if necessary, they then decide who is responsible for the wrongdoing
and what sanction should result. The UJC will only review the
charge(s) listed in the official charge notification letter.
Preparing
for a Hearing
Bring any
and all evidence to support your case
It is critical that you
bring all supporting evidence-regardless of how insignificant
it may seem-to a hearing. If for some reason evidence cannot be
recovered, you can contact the Senior Associate Dean of Students
for assistance.
Witnesses
Accuser: The Senior Associate Dean of Students will provide the
Chief Justice with a suggested list of witnesses obtained from
the case investigation. You may request the presence of any other
witness whose statement you feel is relevant. Please advise the
Chief Justice of any additional witnesses prior to your hearing.
Accused: The accused is responsible for arranging for his or her
witnesses to be present at a hearing. If a witness is reluctant
to attend, please notify the Chief Justice. Each party is entitled
to have present as many witnesses as desired; however, each witness
should offer a unique perspective. This is particularly important
regarding character witnesses.
Organize your
perspective
It is very helpful to organize your thoughts prior
to a UJC hearing. Preparing an outline of important questions
and points for each witness for your reference is helpful.
Attire
All
Justices will be dressed in business attire. However, there is
no attire requirement for any student involved in a hearing. In
no way will your attire affect the decision of the UJC.
Hearsay Testimony
In the spirit of a truth-seeking hearing, hearsay testimony is
admissible.
Standard of
Proof
The UJC adheres to the standard of preponderance of the
evidence. This means the Justices are seeking what "more likely
that not" occurred. This standard should not be confused with
"beyond a reasonable doubt."
Role of Your
Advisor
Any student accused of non-academic misconduct may be
accompanied in the hearing by an advisor of his or her choice.
This advisor may not directly address any witness or Justice,
and may not make any statement to the UJC.
Rights
of the Accused
Students accused
of an act of non-academic misconduct and summoned before the UJC
have the right to:
- be accompanied by an advisor of their choice
(this advisor may not directly address any witness or Justice
or make any statement to the UJC);
- remain silent with no inference
of guilt drawn therefrom;
- question the accuser;
- present
evidence on their behalf;
- call pertinent witnesses on their
behalf;
- cross examine witnesses;
- challenge and unseat as
many as four Justices (the Chief Justice cannot be struck; a quorum
of six Justices and the Chief must remain);
- appeal.
The accused
will be notified of the time, date, and location of a hearing
in writing by the Chief Justice. This written notification will
be available from the Senior Associate Dean of Students' office
no later than three days prior to a hearing. The Chief Justice
will also contact the accused by phone and, if necessary, e-mail
to notify him or her about the letter. A student's failure to
pick up the letter does not violate due process. A hearing may
be conducted in the absence of the accused if proper notification
was provided and the student chooses not to attend. Requests to
reschedule a hearing for a valid reason should be submitted by
phone to the Chief Justice at the earliest possible opportunity.
These rights
can be found on page 341 of the 1999-2001 Georgia Tech General
Catalogue.
Hearing
Process
Introduction
Everyone present for the hearing will be introduced for the record.
The hearing process will be explained and any last-minute questions
will be addressed. You will be reminded of the Institute Honor
Code and your responsibility for honesty. The UJC seeks the truth.
Plea
The violation
against the accused will be read aloud; the accused will be asked
if he or she accepts responsibility for the charges. (Note: if
accused accepts responsibility, the hearing will proceed to the
sanctioning process, below.)
Opening Summary
The accuser will be asked for his or her perspective of the events
in question. The response should include a description of what
is believed to have occurred and should outline any evidence that
will be shared to corroborate this perspective. (Note: If no accuser
is present, then the accused will be heard first.)
The accused's
summary will follow next, and should include similar information.
After both summaries are presented, the accused may ask the accuser
questions; then, the accuser may ask the accused questions. The
Justices may interject with questions at any time.
Case in Chief
The
witnesses in support of the charges will be called into the room,
one by one, to offer testimony. The accuser may ask questions
of each witness, and the accused may cross examine each witness
when the accuser is finished. The Justices may interject with
questions at any time.
Next, the witnesses in support of the accused
will be called into the room, one by one, to offer testimony.
The accused may ask questions of each witness, and the accuser
may cross examine each witness when the accused is finished. Again,
the Justices may interject with questions.
Witnesses are encouraged
to prepare and present visual aids if such materials would assist
in the presentation of complicated information.
Critical to remember
is that this segment of the hearing is only to determine the guilt
or innocence of the accused. All testimony and questions should
focus solely on this objective.
Closing Summary
The accused and accuser will each be given five minutes to offer
a final summary of the case. The accuser will go first and will
be followed by the accused. Each summary should remind the Justices
of the testimony offered during the hearing and how the evidence
presented backs up that testimony. You may wish to refer to three
or four important points from each witness before resting your
case. This summary is optional.
Deliberations
All present except for the Justices and Chief Justice will exit
the room to allow the UJC to deliberate the guilt or innocence
of the accused When a decision is reached, the accused and accuser
will be called back into the room for the announcement of the
Cabinet's recommendation. If the accused is found not responsible,
the hearing will conclude and the decision will be forwarded to
the Senior Associate Dean of Students. If the accused is found
responsible for one or more charges, the hearing will move into
the sanctioning process.
Sanctioning
Before the UJC enters deliberations to determine appropriate sanctioning,
the Justices will read the accused's disciplinary file. The accused
and the accuser will each be allowed five minutes to suggest a
rationale for the severity of the sanctioning. The accuser will
go first, followed by the accused. No witnesses will be called
during this process. After the statements, everyone except the
Justices and the Chief Justice will exit the room again, and the
UJC will deliberate sanctioning. When a decision is reached, the
accused and accuser will be called back into the room for the
announcement. The decision will be forwarded to the Senior Associate
Dean of Students.
Possible
Sanctions
Below is a
list of the sanctions available to the UJC:
- Expulsion
- Recommendation for Removal from Housing or Room/Building Changes
- Disciplinary Suspension
- Reprimand
- Disciplinary Warning
- Disciplinary Restriction
- Disciplinary Probation
- Restrictions
- Fines
- Restitution
- Community Service
- Other Educational Activities
The UJC is
not limited to sanctions listed above. Further descriptions can
be found on page 342 of the 1999-2001 Georgia Tech General Catalogue.
Appeals
Procedure
The appeals
procedure can be found on page 342 of the 1999-2001 Georgia Tech
General Catalogue.
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