Article IV: Judicial Policies

1. Charges and Hearings
1. Any member of the College community may file charges against any student for misconduct. Charges shall be prepared in writing through the Office of Security and directed to the Judicial Affairs Officer. Any charge should be submitted as soon as possible after the event takes place, preferably within 24 hours of the occurrence. Unless warranted by exceptional circumstances, the submitting of charges shall not exceed 30 days.
2. The Judicial Affairs Officer will determine whether he or she hears the case or refers it to the Judicial Hearing Committee.
3. The Judicial Affairs Officer may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Judicial Affairs Officer. Such disposition shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the Judicial Affairs Officer may later serve in the same matter as the judicial body or a member thereof.
4. All charges shall be presented to the accused student in written form. A time shall be set for a hearing, normally, not less than five (5) nor more than fifteen (15) school days after the student has been notified. These maximum time limits for scheduling of hearings may be extended at the discretion of the Judicial Affairs Officer. A student may request to waive the minimum time limit of five (5) school days in order to have a hearing sooner, but must do so in writing.
5. The College believes that a strong system of disciplinary procedures that include both formal and informal approaches will facilitate reporting, and resolution of, complaints. Informal disciplinary procedures are appropriate when all parties involved voluntarily agree to engage in a conciliation and mediation process. Informal procedures shall involve resolution of the incident, including appropriate sanctions. When a resolution is reached that is satisfactory to all concerned parties (complainant, the charged student, and Judicial Affairs Officer), the disciplinary process shall be terminated. However, if a case cannot be resolved satisfactorily through the informal disciplinary procedures, it shall be forwarded to the Judicial Affairs Officer for a formal hearing. Students are expected to abide by College rules and regulations both inside and outside the classroom. Whenever appropriate, minor violations committed in the general college environment shall be dealt with through an informal disciplinary process. Depending on the incident, the Judicial Affairs Officer may either meet with the complainant and the charged student to resolve the issue or refer the students to a member of the Community College of Philadelphia counseling staff for mediation.
6. Formal hearings shall be conducted by a judicial body according to the following guidelines:
1. Hearings normally shall be conducted in private. However, at the request of the accused student, and subject to the discretion of the chairperson, observers may attend but shall not have the privilege of participating in the hearing.
2. In hearings involving more than one accused student, the chairperson of the judicial body, in his or her discretion, may permit the hearings concerning each student to be conducted separately.
3. The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. Whenever the complainant and/or the accused decide to have representation at the hearing, he/she must inform the Judicial Affairs Officer at least seventy-two (72) hours prior to the scheduled hearing. The complainant and/or the accused is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a judicial body. If the advisor attempts to directly participate in the hearing, the advisor shall be directed to leave. If he/she refuses, the hearing shall be discontinued and adjudication left at the discretion of the Judicial Affairs Officer or the Judicial Hearing Committee, as applicable.
4. The complainant and the accused shall have the privilege of presenting witnesses and engaging in reasonable examination and cross-examination at a judicial hearing. Members of the judicial body may also engage in the questioning of the parties and witnesses as well as considering evidence from other witnesses and interested parties.
5. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.
6. All procedural questions are subject to the final decision of the chairperson of the judicial body.
7. After the hearing, the judicial body shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated each section of the Student Code which the student is charged with violating.
8. The judicial body's determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code.
7. Except in the case of a student charged with failing to obey the summons of a judicial body or College official, no student may be found to have violated the Student Code solely because the student failed to appear before a judicial body. In all cases, the evidence in support of the charges shall be presented and considered.