As a student who has become involved in a judicial hearing, you may have a number of questions about the Judicial System at Binghaton University, your rights, and your responsibilities.The complete list of frequently asked questions (FAQs) and their answers are provided in easy question and answer format. There are 2 catogory of FAQ's one that is related to when a student receives a
 
 
 
 
 
charge letter and the other when the student receives a Come See Me letter.
   

Charge Letter Related FAQ's

What is a charge letter?
Is a Judicial Board Hearing required?
Who can help with questions about hearings and discipline?
What is the University Judicial Board (UJB)?
What happens if I have objections to a board member at my hearing?
May I bring supporting information, a written statement, or notes to my hearing?
May I bring an adviser to my hearing?
What will my hearing be like? Will it be like a trial?
Who can ask questions during a hearing?
Do I have to attend my hearing?
What standard is used to determine that a violation has taken place?
What will happen if I am responsible for a violation of the Rules of Student Conduct?
How will I find out what the hearing board decided?
If I am found responsible, can I appeal the results of my judicial hearing?
Who can see my judicial file?
Does the University retain records?
Will my parents find out?

Come See Me letter related FAQ's

What is a come see me letter?
What happens if I do not attend the meeting?
Do I have to discuss the case?
Can I bring an advisor to my meeting?
What happens in the meeting with the administrator?
What are the options for resolving the incident?
What is a administrative agreement/waiver hearing?
Do I have to sign the administrative agreement/waiver hearing?
What happens if i chose not to sign the administrative agreement?
Who can see my judicial file?
Does the University retain records?
Will my parents find out?


 
 

Binghamton University

 
   
What is a charge letter?  

A charge letter is official notification that formal charges have been filed against you for your alleged involvement in an incident. It specifies charges and informs you that a formal judicial hearing will be scheduled.

 
Is a Judicial Board Hearing required?

Yes, if you and the charging administrator are unable to reach a mutually agreeable resolution in conference, then formal judicial charges are filed and the incident is referred for a judicial hearing.

Who can help with questions about hearings and discipline?

You are invited to speak with the Director or Assistant Director of Judicial Affairs (x76210), SA Ombudsman (student advocate x72020), Resident Director, Community Director or Assistant Director of Residential Life in your building or community.


What is the University Judicial Board (UJB)?

The UJB is the hearing body responsible for hearing alleged violations of University rules of Student Conduct listed in the Binghamton University Student Handbook. Each University Hearing Board consists of two students and one administrator (who will serve as the chair). On some occasions it may be necessary to have an Administrative Hearing Board composed solely of 2-3 administers. The hearing board makes decisions on whether or not rules were violated and if so, what sanctions are to be imposed. Sanctions may range from a disciplinary warning up to and including expulsion from the university. Other sanctions could include restitution, removal from housing, community service or educational sanctions as appropriate.


What happens if I have objections to a board member at my hearing?

At the start of the hearing you will be given the opportunity to object to any board member. If you raise an objection, the board will consider your objection and make a ruling. If your objection is upheld, the board member in question will be excused from the hearing. If you have no further objections, an alternate board member joins the hearing.


May I bring supporting information, a written statement, or notes to my hearing?

Yes. You have the right to present supporting information, an oral statement, and witnesses on your behalf. You will have the opportunity to know and question the nature and source of information and oral statements presented during your hearing. You also have the right to be present when information is being presented pertaining to the incident.


May I bring an adviser to my hearing?

Yes. You have the right to be advised by any person of your choosing during your hearing. Many students have selected a friend, faculty member or staff member or SA Ombudsman (student advocate x72020) as an adviser. If you decide to seek the assistance of an adviser, you are encouraged to do so immediately upon notification of your conference or hearing. This ensures adequate time for the adviser to assist you. If your adviser is unable to attend a hearing, you will need to make arrangements with another adviser.


What will my hearing be like? Will it be like a trial?

Your hearing will be nothing like a trial. Everyone will sit around a conference table in an informal atmosphere. Although informal, there is structure and order followed in every hearing. The administrator presenting charges, the accused student and witnesses will be given an opportunity to make oral statements before questions are asked.


Who can ask questions during a hearing?

Board members may ask questions to the accused student, witnesses and the administrator presenting charges. The accused student(s) and charging administrator are invited to ask questions to each other and to all witnesses.


Do I have to attend my hearing?

No. Although it is generally in your best interest to attend your hearing, it is not required. However, if you choose not to attend, The hearing will be held in your absence. The hearing board considers the evidence available and bases its decision on a consideration of such evidence. The absence of the student charged is not an admission of culpability.


What standard is used to determine that a violation has taken place?

Binghamton University relies on a preponderance of evidence in all judicial hearings.


What will happen if I am responsible for a violation of the Rules of Student Conduct?

If the Judicial Board believes you have violated campus policy, a sanction will be imposed. In deciding appropriate sanctions, the board will consider such factors as current judicial record and severity of the incident.


How will I find out what the hearing board decided?

After the hearing, the Board Administrator will send you a letter. The letter will explain the board’s findings. If the board found you responsible, your sanction will be explained along with a rationale for the board’s decision.


If I am found responsible, can I appeal the results of my judicial hearing?

Yes. You may appeal the results of their judicial hearing by submitting a letter to the Judicial Affairs Office. For more detailed information consult the Rules of Student Conduct and Procedures for Review of Student Conduct.


Who can see my judicial file?

Your judicial file is confidential. All files are maintained by the office of Judicial Affairs: no unauthorized person may gain access, without a signed release from you.


Does the University retain records?

Yes. As of October 1, 1998, the Campus Security Act mandates that the University report all disciplinary referrals for incidents involving Alcohol, Drugs, and Weapons that were not reported to the University Police Department. In Order to comply with this federal mandate, the University retains records of the violations for a duration of seven years. However, upon completion of any sanction the records are sealed. Records for other types of violations are destroyed upon completion of any sanction.


Will my parents find out?

In general The University does not communicate with parents / guardians regarding matters of student conduct. However, when dependent students are involved in a series of minor violations or a single serious violation, communication with parents / guardians may occur through the sanctioning or other administrative process.


What is a come see me letter?

This letter informs you of an allegation of misconduct that has been made against you. The letter instructs you that you must meet with an administrator by a specific date and time, in order to discuss the allegation.

What happens if I do not attend the meeting?

Failure to make and keep the appointment within the specified time frame will result in formal judicial charges being filed, including an additional charge of failure to cooperate for not meeting with the administrator. The case is then forwarded to the judicial affairs office, and a formal hearing is scheduled.

Do I have to discuss the case?

No. Although you must respond to the letter by meeting with the administrator, you are not required to discuss the specific details of the case. If you choose not to engage in this type of dialogue with the administrator, the case will likely be referred for a formal judicial hearing.

Can I bring an advisor to my meeting?

Yes. You have the right to be advised or supported by any person during your conference. Many students have selected a friend, faculty member or staff member or SA Ombudsman (student advocate x72020) as an adviser. Student(s) who decide to seek the assistance of an adviser are encouraged to do so immediately upon receipt of the come see me letter. This ensures adequate time for your adviser to assist you. If your adviser is unable to attend a scheduled conference, you will need to make arrangements with another adviser.

What happens in the meeting with the administrator?

During the meeting, the administrator will explain the judicial process, share information they have regarding the incident, give you the opportunity to explain what happened from your perspective, and discuss options for resolution.

What are the options for resolving the incident?

Options include possible formal mediation, resolving by administrative agreement, or going before a judicial hearing board. Another possible outcome is that no formal judicial charges would be filed.

What is a administrative agreement /wavier hearing?

An administrative agreement is an official handling of the case. The agreement outlines the specific charges being brought against you, and lists the sanctions being imposed. By signing the agreement you admit responsibility for violating the policies listed and agree to the sanctions. In doing so, you waive your right to a formal judicial hearing and choose to resolve the matter in conference with the administrator.

Do I have to sign the administrative agreement /wavier hearing?

No. You will be given 48 hours to consider the agreement and decide whether or not you are going to sign it.

 

What happens if I chose not to sign the administrative agreement?

If you choose not to sign the agreement, the incident will be referred for a judicial hearing. The Judicial Affairs Office will schedule the hearing and will send you a packet of information including a formal charge letter.

Who can see my judicial file?

Your judicial file is confidential. All files are maintained by the office of Judicial Affairs: no unauthorized person may gain access, without a signed release from you.

Does the University retain records?

Yes. As of October 1,1998, the Campus Security Act mandates that the University report all disciplinary referrals for incidents involving Alcohol, Drugs, and Weapons, that were not reported to the University Police Department. In Order to comply with this federal mandate, the University retains records of the violations for a duration of seven years. However, upon completion of any sanction the records are sealed. Records for other types of violations are destroyed upon completion of any sanction.

Will my parents find out?

In general The University does not communicate with parents / guardians regarding matters of student conduct. However, when dependent students are involved in a series of minor violations or a single serious violation, communication with parents / guardians may occur through the sanctioning or other administrative process.

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Last Modified November 17, 2003