Judicial Process

Waldorf College Judicial Practices
A Philosophical Framework

 It is the intention of Student Life to provide for each student a confrontation with growth within the context of a caring community. We encourage the development of responsibility in each student. and attempt to create opportunities for the exercise of that responsibility. Judicial procedures in this context are seen as corrective and growth-oriented reactions to irresponsibility. In interpretation and application of college regulations, personnel charged with judicial responsibilities are encouraged to fervently strive for justice, growth, and love among the members of our community.

The Judicial Process

I. The Charges

  1. Written notice of the substance of the College's charges will be delivered to the student either through the campus mail or in person from his/her Collegium Director. Ordinarily this will occur within a week of the incident.
  2. The charges will specify the nature and circumstances of the alleged violation.

II. The Student's Response to the Charges

  1. The student who has been charged with a violation of College Living Guidelines will have a maximum of 48 hours after notification to enter a plea of guilty or not guilty with his/her Collegium Director. (Time of postal delivery is defined as time of notification.) The student’s plea may be entered either verbally or in writing.
  2. If the student pleads guilty, the Collegium Director will implement disciplinary measures following the guidelines stated in the Student Handbook.
  3. If the student pleads not guilty or questions the appropriateness of the sanction, judicial review will be provided as follows:
    • If the violation is a first, second, or third level three offense or a first level two offense, initial appeal is to the collegium director of the collegium where the violation occurred. If the student desires, a final appeal may be made to the Governing Board (JGB).
    • In all other cases, initial appeal is to the JGB. Final appeal is to the Vice President of Student Life.
    • Any decisions of dismissal will be reviewed by the President.
  4. If the student does not enter a plea within 48 hours, sanctions for a guilty plea will be issued.
  5. While the College strongly values the appeal process, it also values the time commitment required by the JGB members. Therefore, if the JGB feels an appeal is frivolous, a $10.00 charge will be imposed on each person making such an appeal.

III. Review Procedures
A. The notice of appeal to the next level must be given within 48 hours of notification of
the initial decision.
B. Staff members conducting a review will determine their own procedures.
C. The Judicial Governance Board

  1. The JGB will be comprised of three students elected by the Student Senate and three faculty members elected by the faculty. Two or more students and one faculty alternate will also be designated by their respective bodies.
  2. The Judicial Governance Board will select a faculty chairperson and establish and follow rules of procedure for conducting a hearing. Rules of procedure must include the following:
    • Cases come before JGB when a “not guilty” plea is given to a charge notice from a Collegium Director, by student appeal from hall council or by appeal of an imposed sanction.
    • The JGB will reach decisions by a majority vote of those present. Five members must be present to constitute a quorum.
    • All members of the JGB, including the chairperson, shall have one vote. Voting shall be by secret ballot in closed session.
    • A conflict of interest shall exist whenever a member of the JGB is a party to the case—whether as a witness, accuser or defender. In such cases, the chairperson will arrange for a replacement faculty member for faculty member, student for student.
    • The student appealing shall have at least a 48 hour notice of the hearing and may be represented by a fellow student, staff member, or a faculty member of the college. If the student fails to appear at the appointed time, the hearing will be conducted in absentia.
    • The College will be represented at the JGB hearing by the Vice President of Student Life or by his/her appointee. Both the student and the Vice President of Student Life or his/her appointee shall have the right to call witnesses.
    • Hearings before the JGB shall be limited to the accused student, his or her representatives and witnesses. Lawyers are not permitted to attend the hearing either as observers or to represent either the student or the college.
    • Meeting procedures:
      1. JGB members assemble and read charges.
      2. Accused is brought into the meeting room and has the opportunity to give his/her account of the case at hand and is questioned by panel members.
      3. Witnesses, if any, are separately brought and questioned.
      4. Accused witnesses may be questioned further.
      5. JGB members make a decision as to innocence or guilt. Decision is by majority vote.
      6. If a "guilty" decision is reached, sanctions are set in accordance with the Student Handbook.
      7. The accused is usually informed of the decision and sanction through the campus mail the following day.
      8. If the appeal is made in the last two weeks of a semester, it may be heard by the Vice President of Student Life.
    • JGB members and the Vice President of Student Life shall be notified in writing of the decisions of the JGB. The statement will note innocence or guilt and describe any sanctions.

JUDICIAL FLOW CHART

Offense
Initial Hearing
Final Appeal
level 3, 1st-3rd
CD
JGB
level 2, 1st
CD
JGB
all others
JGB
Vice President of Student Life