Dr. Lin's Instructional Web - Barry University

not altered except when the student’s safety and well being, that of another individual, or that
of the university community, is judge to be in jeopardy.
A. JUDICIAL COORDINATOR
The judicial coordinator will discuss with the accused student the
charge(s), student rights and the options available for adjudication; i.e. either judicial board or
the appointed student services administrator. Furthermore, the judicial coordinator will be
responsible for maintaining documentation and coordinating the implementation of
administrative procedures.
Confidentiality will be upheld and the judicial coordinator will be
responsible for maintaining documentation of judicial proceedings. The length of time that
documentation of judicial proceedings will remain in a student’s file will depend upon the
individual and/or committee handling the sanction.
B. HEARING PROCEDURES
The following hearing procedures satisfy the requirements of procedural due process
in situations requiring a high degree of formality.
1. The student should be informed, in writing, of the reasons for the proposed
disciplinary action with sufficient particularity, and in sufficient time (at least 48
hours), to insure opportunity to prepare for the hearing.
2. Students appearing before the judicial board or student services administrator have
the right to be assisted by a campus advisor (a member of the university
community) of his/her choice. The advisor may not participate in the hearing.
Attorneys may not be present.
3. The burden of proof (“more likely than not”) rests with the individual(s) bringing
the charge (complainant).
4. The student should be given an opportunity to speak in his/her behalf. He/she
should have an opportunity to hear and question those who speak against him/her.
In no case should the judicial board/administrator consider statements against
him/her unless he/she has been advised of their content and of the names of those
who made them, and unless he/she has been given an opportunity to rebut
unfavorable inferences, which might otherwise be drawn.
5. All matters upon which the decision is based must be presented at the hearing.
6. A record of the hearing will be maintained with the judicial coordinator.
7. The decision of the judicial process is final, subject only to the student’s right of
appeal to the vice president for student services.
8. In matters which involve concurrent jurisdictions and when behavioral
circumstances warrant, the university may proceed according to due process
procedures, even though civil/criminal processes have yet to begin or are already in
process.
9. If a student is charged with a felony or other criminal offense, the university shall
also retain the option to suspend such a student until criminal courts have reached a
judgement.
C. PROCEDURE FOR APPEAL
The request to appeal a decision of the administrator or the judicial board must be
made in writing to the vice president for student services within 24 hours of the conclusion of a
judicial hearing. Furthermore, the appeal must be based upon questions of improper procedure
and/or new evidence uncovered post hearing and/or claims of excessively harsh sanctions.
Appeals presented after the 24 hour deadline will not be heard. The vice president for student
services will not re-hear the case and/or the facts used to determine responsibility. Decisions of
the judicial board and/or judicial administrator remain in effect until such time, if and when, an
appeal is granted. All parties involved will be informed of the disposition of appeals.
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