Student Conduct Board Constitution

1. Preamble
   Susquehanna University has long been established as an educational community. It strives to provide its students the best opportunities and environment in which to pursue a regimen of academic inquiry, personal growth and social and cultural awareness. In order to establish and preserve this environment, we, the students of Susquehanna University, do hereby establish and ordain this constitution of the Conduct Board of Susquehanna University, hereinafter referred to as the CB. It shall be the purpose of the CB to educate students on their rights and responsibilities as members of this academic community through a process of judicial review by their peers, and to provide a forum for the campus community through which problems can be discussed and alleviated, and to promote a better understanding of university policies and the differences which naturally occur between the citizens of a pluralistic society. In establishing this constitution, certain basic tenets shall be honored. Among them are:
   
   1. The legal rights and obligations of the university vis-à-vis the student are primarily those of a contractual agreement;
   2. Constitutional First Amendment freedoms shall not be abridged by the university;
   3. The judicial process at the university is primarily an educational rather than a legal function, however, students' rights to adequate notice of proceedings and adequate opportunity to be heard shall be upheld;
   4. The doctrine of “in loco parentis” and the theory upon which that relationship is based have ceased to be viable;
   5. Arbitrary or capricious action against the student by the university shall be prohibited;
   6. No action of the CB shall be in violation of any provision contained in the document “The Rights and Responsibilities of Students” adopted by the university's Board of Directors, October 1976, nor in violation of any provision contained in the University Bulletin or Student Handbook;
   7. All searches and seizures must be conducted in accordance with the procedures outlined in the Student Handbook;
   8. No person shall be compelled to be witness against himself or herself, nor shall any person be tried twice by the CB for the same offense;
   9. A person may be tried by both the civil authorities and the CB.  The student shall be considered not responsible until proven otherwise, and the student has the right to receive the rationale of the decision of the CB;
   10. In all cases the student has the right to question any witnesses against him or her and to have advisory assistance (the person accompanying the student may not be an attorney; his or her role is that of an advocate or advisor), for his or her support as he or she may choose;
   11. Irrelevant or illegally obtained evidence shall be inadmissible in a CB hearing;
   12. The willful withholding of any information pertinent to a case before the CB by a witness testifying before the CB will be held as an offense against the CB. Any student witness believed to be withholding information from the CB may have charges brought against him or her;
   13. Absence: If the defendant does not appear at the scheduled hearing for some reason other than an emergency, the hearing shall be held in the absence of the respondent;
   14. Perjury: Perjury is considered a major offense and will be handled as such. The CB reserves the right at all times to reconsider any case involving perjury.
       
       
2. Articles
   In establishing this constitution, the following articles are hereby enacted:
   1. Article I. Authority
      The CB derives its authority from the University's Board of Directors through the aegis of the Dean of Student Life office and is recognized by the Student Government Association (SGA) as an agency of that body. The CB shall operate in accordance with the established rules of the university and the SGA.
   2. Article II. Jurisdiction
      The CB reviews intermediate cases in which students are not subject to suspension or expulsion. The CB shall also constitute the Traffic Court that shall hear all appeals of traffic fines issued by Public Safety officers. CB members will also be involved in hearing cases of academic dishonesty. When the CB is not in session (exam weeks, vacation and during the summer), all cases will be adjudicated by an administrative hearing procedure.
   3. Article III. Membership
      The CB shall be composed of 12–18 members, four–six from each of the senior, junior and sophomore classes. Each member shall serve a three-year term as long as he or she remains in good standing on the board.
   4. Article IV. Chairperson
      Three students serve as chairperson for the Conduct Board. The chairpersons shall be chosen from the 12 members described above. A committee composed of the Advisor of the CB, the Dean of Student Life and the previous year's chairpersons shall select the chairpersons. (In cases where the previous year's chairperson is still a member of the CB or unavailable, the president of the SGA shall serve as a member of this committee.) The scheduled chairperson shall call all meetings of the CB and shall preside over designated hearings.
   5. Article V. Selection of Members
      During the first 30 days of the second semester of each year, the SGA shall distribute a campus-wide mailing to all first-year students announcing that applications are being accepted from any full-time student for positions on the CB. Applications must be submitted by the designated deadline. A committee composed of the advisor, at least three members of the CB and two SGA senators shall then process the applications and interview the candidates for the four rising sophomore class positions. The committee shall then present its four to six candidates before the Senate at a regular meeting, seeking Senate confirmation of the candidates. In the event that all of the candidates are not approved as a group, the Senate shall vote on each candidate separately. In the event that fewer than the required positions are filled due to lack of applicants or non-confirmation by the Senate, the committee shall then be charged with the task of selecting new candidates to present before the Senate until all positions are filled.
      
      The newly confirmed members of the CB shall take office at the beginning of the fall term of the new academic year. However, during the rest of second semester, they shall participate in CB training, attend all CB meetings and sit in on all hearings as non-voting members of the CB. In the case of a temporary opening on the CB, due to a member studying abroad or any other leave of absence from the university, a pre-selected alternate or an SGA senator of the same academic class shall be appointed by the CB and approved by the SGA as an interim member of the CB.
   6. Article VI. Responsibility of Membership
      At the beginning of each semester, the advisor shall request the schedule of each member of the CB, including classes, music rehearsals, sporting events, work and any other personal engagements. One weeknight will be selected to serve as the regular hearing night. The CB will then be divided into four hearing panels for rotation within each week in the semester, with exception to midterms and finals. Each hearing panel will have a chairperson assigned to it. Members are expected to be available for two hours on the given hearing night to adjudicate cases. If a member or chairperson of the CB is unable to attend his or her scheduled hearing panel, he or she must secure a substitute CB member from one of the other three hearing panels. Missing more than two hearings in a given semester may constitute grounds for removal from CB, as determined by the Chairpersons and the advisor. Additionally, meetings of the entire board may be scheduled at a time that is agreeable to all members of the CB.
      
      In the case of the loss of a member, the CB shall appoint a replacement, subject to the approval of the SGA. This replacement person must be of the same academic class as the person whose position has been vacated.
   7. Article VII. Advisor
      The advisor to the CB shall be the Coordinator of Residence Life for Student Conduct. The advisor shall be responsible for training the CB members and making judgments on procedural matters.
   8. Article VIII. Quorum
      There must be at least four members present at all hearings and three members present at all traffic court sessions to constitute a quorum.
   9. Article IX. Meetings
      The CB shall meet at a mutually agreed upon time as needed to transact business appropriate to the CB.
   10. Article X. Amendments & Bylaws
       This constitution may be amended by a 2/3 vote of the SGA Senate. Changes  may originate from the SGA, the CB or the Dean of Student Life office. A set of bylaws governing the specific policies and procedures and ethics of the CB shall be developed by the CB. These bylaws and any subsequent changes to them must be approved by the SGA Senate.
       
       Approved 1980, last revised 4/98.
       
3. Bylaws
   1. Membership & Officers
      1. All members must have a 2.5 or higher cumulative grade point average at the time of selection.
      2. Members shall be appointed for a three-year term as long as they remain in good standing on the CB.
      3. In addition to regularly scheduled meetings, the chairpersons or advisor may call special meetings at their discretion.
   2. Ethics Code
      1. Confidentiality about any and all information concerning individual cases handled by the CB will be maintained by the members.
      2. When a conflict of interest exists, the CB member will remove himself or herself from considering that particular case.
   3. Voting  
      1. If a decision cannot be reached by consensus, a vote will be taken and decisions shall be by majority vote of the members present.
      2. Four members shall constitute a quorum, which shall be necessary to hear cases and to transact any business.
      3. All members shall have an equal vote.
      4. The advisor shall have no vote.
   4. Basis of Judgment
      1. The CB will base its judgment of responsible or not responsible on the facts presented at the hearing. Circumstantial evidence is permitted, but shall not be the sole basis for determining the verdict.
      2. The previous disciplinary record of the respondent will not be considered by the CB during discussions of responsibility.
   5. Hearing Procedures (A more detailed outline can be found in Section 26 of the Code of Student Conduct.)
      
      1. i. In the presence of the respondent, the CB is presented with the facts of the case by a complainant. Witnesses may be called. Written documentation related to the case is presented.
      2. The respondent is then given the opportunity to present his or her  case to the CB. The respondent may call witnesses to testify on his or her  behalf.
      3. The hearings of the CB shall be closed.
      4. All hearings shall be taped. The tape shall be erased once it is no longer needed.
      5. A question and answer session will follow between the respondent and the CB.
      6. The respondent will leave. The CB will then discuss the case and make a determination of responsibility.
   6. Sanctions
      1. Sanctions are those stipulated in the Code of Student Conduct.
      2. The previous disciplinary record of the respondent will be taken into consideration at the time a sanction is determined.
   7. Traffic Court  
      1. The traffic court is an appellate body and has jurisdiction of all appeals of traffic violations.
      2. Three members of the CB shall comprise the traffic court. The CB shall select a court chairperson.
      3. Members shall be appointed for one year, with the opportunity to serve additional terms as long as they are members of the CB.
      4. If a decision is not reached through consensus, decisions shall be reached by majority vote.
      5. The Traffic Court may waive, reduce or deny appeals of traffic violations.
      6. The decisions of the Traffic Court are final.
   8. Academic Honesty Judicial Board
      1. Four members of the CB shall serve as four of seven members of the Academic Honesty Judicial Board.
      2. The students shall serve for a term of one year, with the opportunity to serve additional terms as long as they are members of the CB.

Passed by Student Government Association October 5, 1981, revised 4/98.