The Greek Judicial Board Bylaws at Eastern Michigan University Article I – Purpose The purpose of the Greek Judicial Board is to provide the opportunity for an appellate hearing to Greek organizations and members, educate Eastern Michigan Greeks about the responsibilities held by being part of the Greek community, and teach members about the rules and regulations that govern the Greek community. Furthermore, it shall establish a method for members of the Greek community to promote community-wide accountability through a unified judicial system. Article II – Jurisdiction The Greek Judicial Board has jurisdiction over any infraction or violation of the College Panhellenic Council or the Interfraternity Council's respective Constitution, bylaws, and/or policies. The University reserves the right to retain jurisdiction over cases in which the conduct violates the University's Student Code of Conduct and the University determines that the misconduct is of such severe nature as to impair, obstruct, interfere with, or adversely affect the mission, processes, or functions of the University. Article III – Structure A. Membership I. The Greek Judicial Board shall consist of at least ten members, two chief justices and at least eight justices per case. a. The Greek Judicial Board may consist of more than eight justices, but may not exceed the total number of chapters in good standing. b. The chief justices will be elected by their respective councils, as dictated by their constitution, bylaws, and/or policies. c. The justices will be appointed for a one calendar year by the chief justices, with the advice of the Greek Life Advisor and the Director of Student Conduct and Community Standards. However Justices may re-apply the following year if they are in good standing. d. by the chief justices, with the advice of the Greek Life Advisor and the Director of Student Conduct and Community Standards.. e. Each council must have at least four members on the Greek Judicial Board. f. Openings on the judicial board must be advertised to the Greek community for a minimum of two weeks and must be advertised at a minimum of one council meeting (of the council in which the opening exists). B. Eligibility I. In order to be considered for an appointment to the Greek Judicial Board, an interested person must meet the following minimum criteria: a. Been initiated for one semester at the time of applying, b. Held a leadership role within respective chapter or leadership role within Eastern Michigan University’s community. Leadership role may include student 1 c. d. e. f. employment, student volunteer position, or recognized student organization, decided at the discretion of the chief justices. In good judicial and academic standing with Eastern Michigan University, In good standing within own chapter, Have a cumulative grade point average of 2.50 on a 4.0 scale, Complete an application 1. Additional criteria may be set by the Greek Life Advisor Article IV – Expectations and Responsibilities of the Members of the Greek Judicial Board A. All Members I. When serving on the Greek Judicial Board, members represent not only the Greek Community, but Eastern Michigan University as well. Each member is to uphold the following ethical standards: a. Respect confidentiality of any and all privileged information. This includes, but is not limited to, all information about a chapter and/or its individual members, the hearing and any evidence that is presented. b. Justices shall not accuse any defending student or organization of a violation without evidence to support the accusation. c. Justices shall conduct themselves in a way that represents the rules and governing documents of Eastern Michigan University, the Greek Judicial Board, the core values and mission of the Greek community, and each Council. d. Justices shall remain unbiased and refrain from referencing personal opinions and/or unverified rumors about chapters when drawing conclusions and making decisions. II. Members of the Greek Judicial Board shall be responsible for the following: a. Be knowledgeable of, and agree to faithfully uphold the Constitution, Bylaws, and policies of his or her respective council and similar documents of the Greek community as well; b. Have a clear understanding of the Greek Life Judicial Board Bylaws; c. Participate in and lead, when required, all training and planning sessions, which shall be scheduled monthly; d. Ensure hearings, deliberations, and sanctions are fair and ethical; e. Serve as a positive representative for the Greek community and Eastern Michigan University; f. Use problem solving skills when making decisions; and g. Use critical thinking to assess all information. B. Chief Justice(s) I. The Chief Justice(s), in addition to the duties and responsibilities of all other justices, will be responsible for the following: a. Scheduling dates, rooms, and times for training, and hearings. b. Regularly communicate with other board members, the Greek Life Advisor, The Office of Student Conduct and Community Relations, and each respective council president. 2 c. Hearing all cases involving violations within their respective council. The opposite-council chief justice shall serve as secretary for the hearing, recording both attendance and minutes of the hearings.. d. Each chief justice is responsible for transposing information on a 'Report' form to any appropriate council documentation. e. The chief justice shall maintain order during a hearing and ensure timely processing of all hearings. f. The Chief Justices shall submit a report at the end of their term to the Greek Life Advisor, which includes, but is not limited to, the following: 1. A summary of the cases of the Greek Judicial Board. 2. A list of strengths and weaknesses of the Board. 3. Constructive criticisms for creating a better judicial process. C. Justices I. The justices, in addition to the other outlines duties, shall serve as an educational programming body for the Greek community. a. Each justice shall be actively involved in planning and implementing programs. b. The programming shall focus on accountability, the judicial process, and the proper violation reporting process. c. Programs shall be held each semester. d. The programs shall have several goals, the primary of which is to develop and instill accountability for values and standards, as well as to increase the knowledge of the governing documents of Greek community. II. The justices shall ensure the distribution of, and access to, 'Report' forms within the Greek Community. III.Sign and agree to the provisions of the Justice Expectations contract. Article V – Voting, Conflict of Interest, Dismissal A. Voting I. Each member of the Judicial Board is entitled to his or her own vote, with the exception of the opposite-council chief justice who is serving as secretary. II. All decisions associated with a hearing, unless otherwise noted, shall be made by a majority vote of the Greek Judicial Board. III.For final rulings and sanctions each vote shall be kept confidential, only the decision of the entire Board will be announced. B. Conflict of Interest I. If the chief justice determines a conflict of interest exists between the case and a Justice, the chief justice will ask that particular justice not to hear the case. a. A conflict will be determined by both chief justices and the Greek Life Advisor. b. The open spot will be filled by another justice. II. If a conflict of interest exists between the case and the chief justice, as determined by the Greek Life Advisor, the chief justice from the other council will serve as chief justice for the case. 3 C. Dismissal from Position I. Dismissal of a Justice a. Any justice found to have violated the rules and regulations of Eastern Michigan University, the Bylaws of the Greek Judicial Board, or the Core Values and Mission of EMU Greek Life will be asked to step down from the Board. b. A justice may be asked to step down by an 80% vote of his or her respective council's general assembly. c. If the justice in question will not step down on his or her own free will, a mediation process will be held to reach a decision. If a mutually agreeable decision cannot be reached he or she may appeal their case.. In this event, the case will follow the hearing procedures as outlined in these Bylaws. Article VI – Processes A. Reporting I. Allegations of a violation shall be reported on a 'Report' form that will be made available to all members of the Greek community. II. All members of each council's executive board shall be available to receive a 'Report' form. All such forms must be forwarded onto the Council president or the Greek Life Advisor. a. Once a form is received by an executive board member, it must be in the possession of the Greek Life Advisor within 72 hours, unless they are clearly unavailable, in which case it must be received within 48 hours of their return to campus. III.The Greek Life Advisor, or their designee, will notify the chapter(s) or member(s) in question within 72 hours of receiving a report of a violation. a. The chief justice, as the voice of the Judicial Board, within 24 hours of securing a location, must notify the chapter(s) or individual member(s) in question, in writing, of the date, time, location, and reasoning for a hearing. i. A date, time and location shall be arranged by the chief justices within 72 hours of receiving a request for a judicial hearing. ii. These notices, including the reasoning for the hearing, shall be copied to the chapter's faculty advisor, the chapter's national headquarters, the Greek Life Advisor, and the Director of The Office of Student Conduct and Community Relations IV. a. The notice shall include what allegations are have been brought forth and the date and time of an investigative meeting with the Greek Life Advisor, the respective council's president, and the president of the chapter(s) or member(s) in question, and, if desired by the chapter, the faculty/staff advisor for the chapter. B. Investigation and Mediation I. Within 24 hours of the investigative meeting the Greek Life Advisor has the right to determine the merit of the allegations. 4 a. Should the allegations be found to have no merit, the chapter(s) or member(s) in question will be dismissed and no further action will be taken, given no additional evidence is presented. b. Should the allegations be found to have merit, a mediation session will commence. II. If the chapter(s) or member(s) in question accept responsibility at mediation or at any other time during the hearing process, the Judicial Board will convene and issue sanctions for violations the chapter or members have accepted responsibility for, as outlined in the Bylaws. III.The chapter shall have the right to a mediation session with the Greek Advisor, the respective council president, the president of the chapter(s) or member(s) in question, the chapter's faculty/staff advisor, the person or chapter bringing forth the allegations and the faculty/staff advisor of that chapter. IV. If an appropriate resolution cannot be reached through mediation, or if the chapter(s) president(s) or member(s) are not satisfied with the sanction(s) imposed through mediation, an appeal must be submitted to the chief justice of the respective council within seven days following the mediation meeting. This request for a hearing of the judicial board shall initiate the hearing procedures of the Greek Judicial Board a. If the chapter(s) or member(s) fail to appeal within seven days, it loses the right to appeal the decision. V. Upon the confirmation that a hearing will occur, the chief justice of the appropriate council will notify the justices through e-mail or in writing about the impending hearing. The first six justices to respond to the chief justice confirming that they will be able to hear the case are the six that will serve as the justices in the case. A. Hearing Procedures I. The Chief Justice confirms that both the chapter(s) or member(s) in question and the accused member(s) or chapter(s) are ready for the hearing to commence. II. The Chief Justice announces that the procedures will be recorded and turns on the tape or video recorder. III. The members of the Greek Judicial Board introduce themselves. IV. The Chief Justice describes the purpose of the hearing and obtains agreements from the parties that they understand. V. The Chief Justice provides an overview of the hearing procedures and asks the chapter(s) or member(s) in question if they would like an open or closed hearing. a. At a closed hearing, only the following people are allowed to be present: 1. the Greek Judicial Board;The individual(s) making the accusation and/or active members of an accusing chapter; Active members of the chapter requesting the hearing and their faculty/staff advisor; If the entire chapter is in question, the President or Vice President must be in attendance.The Director or Assistant Director of The Office of Student Conduct and Community Standards;The Greek Life Advisor; and 2. The Director of Campus Life. VI. The secretary shall take attendance of all people present in the room. VII. The Chief Justice will read the violation and the sanction(s) imposed as a result of the mediation process. 5 VIII. The Chief Justice will verify the position of the chapter(s) or member(s) in question. a. The chapter(s) or member(s) in question shall respond with a position of either responsible or not responsible for the violation(s). b. Regardless of the position entered, the hearing will proceed as outlined. IX. The Greek Advisor or the president of the respective council may state the sanction(s) that was recommended and explain how that sanction(s) was determined. X. The president of the chapter(s) or member(s) in question will state their case to the Board, including statements by up to three witnesses. a. Testimony may be limited by the Chief Justice due to time restraints and relevancy. XI. The Greek Judicial Board shall question the accused chapter(s) or member(s) and any witnesses. a. No more than three witnesses may be presented in defense of the chapter(s) or member(s) in question. b. If more than three are needed to present a case adequately, a letter must be submitted to the Chief Justice within 36 hours stating why more than three (3) witnesses are needed. XII. The Chief Justice will ask for the justices to make their final questions. XIII. The Chief Justice will ask that each side present a summary of their case, beginning with the president of the respective council. a. No further questions or comments will be permitted. XIV. At the conclusion of the testimony and questioning, the Board will deliberate in a closed session. Only the Justices and Chief Justice may be present during deliberations. a. The first item the board will decide is whether or not the accused chapter(s) or member(s) are responsible for the violation(s). If a decision of responsibility has been issued, the Board will deliberate on whether the imposed sanction(s) was fair. b. If the Board finds that the chapter in question is responsible for said violation(s), it (Board) will then decide if the sanction imposed was fair. If the Board finds that the sanction was fair, it will be reinstated. If it finds the sanction(s) to be unfair, a new sanction will be imposed. XV. It is the responsibility of the secretary to take minutes of the hearing in its entirety, excluding deliberations. The secretary shall submit the minutes to the Chief Justice within three (3) business days of the conclusion of a hearing. The Chief Justice will submit a copy of the minutes to the chapter(s) or member(s) in question, the chapter's National Headquarters, the Greek Life Advisor, and the Director of The Office of Student Conduct and Community Standards. Article VII – Right of Charged Member(s)/Chapter in Disciplinary Proceedings I. A. Rights afforded to members and chapters during a hearing Remain silent and not have that silence used against them. 6 II. Have their faculty/staff advisor present. The advisor must have previously been approved by Greek Life. III. Engage an attorney, at the member or chapter's expense and only when criminal prosecution is pending on charges stemming from the same incident. The attorney may appear at the proceedings with the member(s) to provide advice, but may not represent the member/chapter, directly question or cross-examine witnesses, or in any other way. IV. Be given a written statement of the charges against them. V. Receive adequate notice of dates set for all hearings and related meetings. VI. Reasonable review of the disciplinary case files maintained by the Greek Advisor prior to a hearing. VII. Present witnesses and submit any pertinent, supportive documentation. The Board may vote to limit the number of witnesses in order to avoid dilatory tactics. VIII. An open or closed hearing. a. A hearing will be considered open if no person is excluded until the room's capacity has been reached, except that a person may be removed if his/her behavior is disruptive to the hearing process. IX. Challenge a judicial board member on the grounds of bias, conflict of interest or another factor that could preclude the board member from rendering an impartial and fair decision. The board member may be disqualified upon a vote of the remaining members of the Board present at the hearing, conducted by secret ballot. The hearing will continue with the remaining board members present, even if the number of board members remaining is less than the number required by the Greek Judicial Bylaws. X. In the event that there are an odd number of justices, the Chief Justice will forgo his/her vote. XI. Make a taped recording of the proceedings at the chapter(s) or member(s) own expense. XII. Appeal the decision of the Greek Judicial Board, as outlined in these Bylaws Article VIII – Sanctions A. Possible Sanctions I. The Greek Judicial Board may use, but is not limited to, the following sanction sanctions: a. Hosting and/or attending a program or event; b. Loss of social privileges for a specified period of time; c. Suspension; d. Loss of recognition by the chapters respective council; e. Loss of recognition by the University; f. Loss of intramural privileges, without refund; g. A monetary fine that is in conjunction with the infraction. Both the fine amount and the time frame for the fine to be paid will be set by the Greek Judicial Board; h. Restitution for property damage; i. Community Service; or j. Alcohol Probation, which consists of the chapter maintaining a dry chapter and annex house and the loss of privileges to host or participate in any event where alcohol is present; 7 II. Failure to comply with a sanction given by the Greek Judicial Board may fall under the jurisdiction and discretion of the Ombudsman’s Office and/or The Office of Student Conduct and Community Standards. Article IX – Appeals A. Proper Appeals I. An appeal is proper only when the sanction rendered results in the chapter being: a. Suspended from Eastern Michigan Universities campus, or b. No longer being recognized by IFC, CPC, or Campus Life II. All appeals of the Greek Judicial Board will be heard by the University Judicial Appeals Board B. Standard of Appeal I. The organization seeking an appeal from the Greek Judicial Board must base their appeal on one of the following: a. New evidence has been discovered since the hearing that was not available when the original hearing was heard 1. Appealing chapter must prove their due diligence to show an effort was put forth to discover the evidence prior to the hearing of the Greek Judicial Board II. Inappropriate sanction III. Rights as a student organization were violated C. Decisions by the Judicial Appeals Board I. All decisions by the Judicial Appeals Board are final II. The Judicial Appeals Board may find either of the following: a. Find the proposed sanctions to be inappropriate and revise the sanctions, or b. Find the proposed sanctions appropriate and uphold the sanctions given D. Procedural Considerations I. The appealing chapter has the burden of proof to prove their basis for appeal II. Decisions by the Judicial Appeals board will be decided by preponderance of the evidence III. The purpose of the hearing by the Judicial Appeals Board is not to rehear the case or to replace the judgment of the Greek Judicial Board; rather, it is a reviewing body to review the appropriateness of the Greek Judicial Board IV. Any evidence or questioning is limited to the review of the Greek Judicial Board’s decision and the basis of the appeal E. Process I. A chapter wishing to appeal a Greek Judicial Board decision which meets one of the standards of a proper appeal must contact the Director of the Office of Student Conduct and Community Standards ( or their designee) within five (5) business days of the decision of the Greek Judicial Board II. The Director of SCCS or their designee will schedule a meeting with the chief justice of the Greek Judicial Board and the Greek Life advisor within five (5) days of receiving contact from an appealing chapter 8 III. The purpose of this meeting will be to determine a date and time for the appellate hearing and any other relevant information IV. Within 48 hours of the determination of the date and time for the hearing, SCCS will alert the Judicial Appeals Board of the pending hearing V. The first three justices to respond to the notice of hearing will be the panel that will hear the appeal VI. In the event that a member of the Judicial Appeals Board is a member of or an advisor for the appealing chapter, that member is precluded from hearing the case F. Hearing Procedure I. The chair of the Judicial Appeals Board will call the hearing to order II. The members of the Judicial Appeals Board will introduce themselves and state their role with the university III. The chair will ask the appealing chapter if they would like an open or closed hearing a. An open meeting will be open to the public b. A closed meeting will be limited to: 1. The Judicial Appeals Board, 2. The appealing chapter and their advisor, 3. The Chief Justice of the Greek Judicial Board, 4. Staff members of Campus Life, and 5. Staff members of the Office of Student Conduct and Community Standards IV. The staff of the Office of Student Conduct and Community Standards will record the hearing and take minutes V. The appealing chapter will present the basis for their appeal, including any witnesses or additional newly discovered evidence VI. The Judicial Appeals Board will question the appealing chapter VII. The Chief Justice of the Greek Judicial Board will present their case to the board, including any witnesses or additional newly discovered evidence VIII. The Judicial Appeals Board will question the Chief Justice of the Greek Judicial Board IX. Both the appealing chapter and the Chief Justice of the Greek Judicial Board will present their final statements X. The chair of the Judicial Appeals Board will close the meeting and will start deliberations XI. During deliberations, the Judicial Appeals Board will have the following information before them: a. A copy of the minutes of the hearing by the Greek Judicial Board, b. An audio copy of the hearing by the Greek Judicial Board, c. Any evidence presented at the Greek Judicial Board hearing, and d. Any newly discovered evidence presented at the Judicial Appeals Board hearing. G. Post-Deliberation Process I. Upon deliberations, the Judicial Appeals Board must submit their decision to the appealing chapter within three (3) business days after the hearing a. The Judicial Appeals Board will also submit a copy of their decision to Campus Life and the Office of Student Conduct and Community Standards. 9 Article X – Ratifications and Amendments A. Ratification I. This document and any amendments shall be ratified when approved by Student Judicial Services, the Greek Advisor, the College Panhellenic Council and the Interfraternity Council general assemblies. B. Amendments I. Any amendment to these Bylaws shall be submitted to the Greek Advisor or the chief justice. The chief justice shall then present the amendment to the Greek Advisor and opposite council chief justice. Each chief justice shall then present the amendment to their respective council and the amendment must be approved, as outlined below, before it can be ratified. II. Amendments to these Bylaws must be tabled for two weeks. a. This may be suspended by a 2/3 vote of the general assembly. III.All amendments must receive a 3/4 vote of the general assemblies of each council in favor of the motion to pass. Revised: September 27th 2012 1 0