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Judicial
Code of the Interfraternity Council of Washington University Section 1: Authority: The authority of the Interfraternity Council (IFC) Standards Board shall be derived from the Interfraternity Council of Washington University and the consent of its member chapters. Section 2: Purpose and objectives of the IFC Standards Board: A. To offer the members of the fraternity community increased opportunity for self-governance within the ultimate objective of improved interfraternity relations. B. To implement the enforcement of Washington University policies and procedures, the Washington University IFC Constitution and Bylaws, IFC Code of Standards, Rush Rules, Social Event Guidelines, national, state, and local laws, and any other legislation enacted by the full IFC. C. To remove jurisdiction for judicial matters from any other officer of the IFC Executive Board, in order to ensure confidentiality and due process, and to eliminate personal influence from judicial proceedings. D. To establish precedent and maintain continuity in regard to judicial action regarding individuals and groups which make up the Washington University fraternity community. Section 3: Powers reserved to the Standards Board: The IFC Standards Board, along with the Washington University Coordinator for Greek Affairs, shall have the final power to interpret all portions of Washington University policies and procedures, the Washington University IFC Constitution and Bylaws, IFC Code of Standards, Rush Rules, Social Event Guidelines, national, state, and local laws, and any other legislation enacted by the full IFC, for the purpose of this document or the actions of the Standards Board. ARTICLE II: Jurisdiction Section
1: The Washington University IFC shall have full jurisdiction on matters
regarding the fraternity community. However, the local authorities and
university judicial administrator shall , upon their discretion, have
the authority to supersede the jurisdiction of the Standards Board.
Standards Board must, when made aware of a violation of national, state,
or local law, refer the incident to the proper authority. Standards
Board is a voluntary creation of the IFC member chapters; it has no
legal authority either within the university or in the community. Therefore,
Standards Board does not judge guilt; rather, it can assign responsibility
for an individual or group’s actions, and only recommend appropriate
sanctions. The Board will be consulted by the appropriate institutional
officials when action is taken against fraternity chapters or their
members. Section 3: It is the policy of the IFC Standards Board that all chapters are to be given a fair hearing based only upon the current incident. In this vein, the past violations of a chapter are not to be considered in assigning responsibility, unless a chapter’s hearing is related to its failure to adequately complete a sanction. However, evidence of past judicial action may be considered in assigning appropriate sanctions. ARTICLE III: Structure Section 1: Composition A. Selection Process 1. Each chapter’s executive board shall be asked to submit a list of acceptable nominees (see below) based upon the candidate’s demonstrated ability to be involved, dependable, confidential, open-minded, communicative, and mature. Each Standards Board Chairman (SBC) shall petition the chapters from nominations at his discretion, after consulting the Coordinator of Greek Affairs. 2. From the men nominated by each chapter, seven regular Board members and two alternates shall be selected through interviews conducted by the SCB, and input from current Board members, the IFC President, and the chapter presidents. Each chapter may have only one full time member, and a chapter may have no more than two full and alternate members. B. Eligibility Requirements – Each representative must: 1. Be enrolled as an undergraduate in good standing at Washington University in St. Louis, 2. Have been an active member in good standing of a Washington University IFC recognized chapter for no less than two academic semesters, and 3. Not currently hold a position on the executive board of his chapter, nor currently hold a position as an officer on the Washington University IFC Executive Board. C. Responsibilities of the Washington University IFC Standards Board representatives (reps) shall include: 1. Knowledge of Washington University policies and procedures, the Washington University Judicial Code, the Washington University IFC Constitution and Bylaws, IFC Code of Standards, Rush Rules, Social Event Guidelines, applicable national, state, and local laws, and any other legislation enacted by the full IFC. 2. Attendance at all orientation and training sessions 3. Participation in all hearings called by the SBC during his term as a rep, unless excused by the SBC. 4. Representatives shall serve for a term determined by the SBC, not to exceed one full academic year from their time of selection. A rep can petition the SBC to be removed from the Board at any time during his term. 5. All proceedings of the Board shall be kept strictly confidential. Breaking this confidentiality policy may constitute grounds for dismissal. This policy will be strictly enforced. D. Impeachment 1. If any member violates any of his responsibilities, he is subject to dismissal by a 2/3 vote of the Board in favor of impeachment. 2. Grounds for impeachment may include but are not limited to the following: failure to abide by Washington University, IFC, national, state, and local rules and regulations, repeated failure to attend Board meetings, or fulfill the responsibilities of office, breach of the confidentiality policy outlined above, and/or gross misconduct violating the integrity of the Board. 3. A motion to impeach a rep may be discussed at a regular meeting of the Board, or may be brought to the attention of the SBC for discussion at the next regularly scheduled Board meeting. 4. The position vacated by an impeached rep will be filled by an alternate rep, at the discretion of the SBC. The SBC must then petition the IFC member chapters for nominations to fill the vacated alternate position. 5. Impeachment procedures for the SBC are covered under Article V, Section F of the Washington University IFC Constitution. Section 2: Chairman of the Washington University IFC Standards Board: A. The Washington University IFC shall elect a chairman for the Standards Board (SBC) during the full IFC Executive Board elections. B. The term of the SBC shall last one full year until the next new officer installation ceremony. C. The chairman shall act as a liaison between the Standards Board, and the Washington University IFC and the larger Washington University community of students, faculty, and staff. It is the duty of the SBC to represent the fraternity community in all judicial matters. In this function , the SBC is the most visible and important representative of IFC’s goal of self-governance. D. The chairman shall serve as an ex officio member of the Executive Board and shall not have a vote. E. The chairman shall attend all IFC Executive Board meetings, and meetings of the full IFC, as scheduled by the IFC President. F. The SBC shall publish, at the end of each academic semester during his term, a judicial report, in a media accessible to the entire University community. This report should detail, without breaching confidentiality, the actions of the Board during the last semester. ARTICLE IV: Judicial Procedure Section 1: Reporting of Incidents A. Any member of the Washington University Community, to include but not limited to students, faculty, and staff, is eligible to refer an incident for potential Standards Board action to the SBC. In addition, if a member of the local community wishes to refer an incident to the SBC, and the incident is not under the jurisdiction of the local authorities or the university judicial administrator, the Board will act. B. In order to initiate judicial proceedings, the report must be turned in to the SBC in writing. A judicial report form has been distributed to the community; this is an ideal format to report an incident (A copy of the form is Appendix A to this code). Anonymity is guaranteed, if desired, to any group or individual reporting an incident. Section
2: Pre-hearing procedure B. The SBC shall notify, in writing, all parties involved within two business days of being made aware of the incident report, unless deemed impossible by the SBC. 1. The parties involved shall be given a full description of the complaint entailing the nature, time, date, and location of the complaint, along with a copy of this document, and possible sanctions if found responsible. 2. All parties involved must submit all statements and evidence within five business days to the SBC. 3. Failure to reply shall constitute an admission of no contest and forfeiture of the right to appeal. C. The seven member Board as well as the alternates shall be notified of any hearings of the full Board by the SBC. Representatives, as well as the SBC, are ineligible to attends hearings if they are members of the fraternity bringing action, or the accused fraternity, or if they are personally involved in the case. A rep may also disqualify himself if he feels that he cannot judge the case fairly and confidentially. D. Private interview with witnesses or other involved parties will be conducted at this time by the SBC and the reps who will hear the case. E. The SBC shall then notify all involved parties if the case will come to a hearing. The SBC, in consultation with the Coordinator of Greek Affairs, shall determine if a hearing is necessary based upon his investigation of the incident. If a hearing is to take place, the following actions must occur: 1. The hearing will take place within ten business days after the accused party submits their evidence, unless deemed impossible by the SBC. 2. All parties will be notified, in writing, of date, time, and place of the hearing by the SBC. They shall be directed to appear at the hearing. 3. If the accused fraternity fails to respond, the reps shall hear the case based upon the available evidence without the accused party. F. All parties must submit, to the SBC or Coordinator for Greek Affairs, lists of those attending the hearing 48 hours prior to its scheduled time. The list must include individuals to officially represent the party filing the complaint, the accused party, and any witnesses to be called. G. The SBC will, 48 hours prior to the hearing, arrange for copies of all evidence to be exchanged between the parties. Section 3: Hearing A. The hearing will be closed unless agreed upon by all parties involved. Individuals to be present at the hearing are limited to: the SBC, the full members of the Board and alternates hearing the case (all alternates will be in attendance in case a rep excuses himself during the hearing), two executive members of the accused group or the accused individual, the plaintiff(s), any witnesses to be called, and the Coordinator for Greek Affairs. B. Quorum shall be five reps and the SBC. C. In the event the SBC cannot perform the duties of office during a hearing, a majority vote of the remaining Board members shall appoint a Senior Justice to fill the role. D. If an individual, or a chapter’s representatives, fails to appear at the hearing, the Board, by way of a majority vote, will select one of the following courses of action: 1. Reschedule the meeting 2. Render a decision based on the available information. E. Procedure for hearing the case: 1. The SBC shall call the room to order, and begin the hearing. 2. The SBC shall read the complaint and read the relevant rules and regulations which are alleged to have been violated. 3. The accusing party, if they wish to be present at the hearing, shall be given an opportunity to state their case, and then answer questions posed by the members of the Board. When two parties in conflict are before the Board, each shall leave the room while the other states their case and answers questions. In a fraternity matter, the Board may question the representatives of the fraternity either individually or as a group. 4. The accused party will then be given an opportunity to state their case, and then answer questions posed by the members of the Board. When two parties in conflict are before the Board, each shall leave the room while the other states their case and answers questions. In a fraternity matter, the Board may question the representatives of the fraternity either individually or as a group. 5. Other pertinent evidence shall be presented at this time through independent witnesses or other sources. 6. All non-Board members shall be dismissed, and the Board shall discuss the case in closed session and reach a decision. The Board includes only reps hearing the case, the SBC, and the Coordinator for Greek Affairs. a. The Coordinator for Greek Affairs shall be there only for clarification of rules and will not have a vote. He/She shall not sway the Board toward a decision. b. The SBC, similarly, is to guide discussion, clarify questions, and is responsible for providing any evidence requested by the Board. He shall not vote in any decisions assigning responsibility. c. Parties involved in the proceedings shall remain accessible for at least an hour or until a decision is reached, in order that further questioning, if desired, may be possible. 7. All decisions of the Board shall be by a majority of the members voting, excluding abstentions. 8. Abstentions shall be allowed only in the case of a serious conflict of interest as deemed appropriate by the SBC. 9. A decision should be reached immediately following the conclusion of the hearing unless extenuating circumstances make further investigation or deliberation necessary. 10. Any procedure not covered herein shall be established by the Board as appropriate, as long as it does not violate the letter or spirit of this document. F. A tape recording of the Board’s proceedings may be made in any case involving a chapter. This tape will be kept by the Coordinator for Greek Affairs for a period of one year. In the event of an appeal, these tapes will be reviewed by the Appellate Body. Section 4: Post-Hearing A. The SBC will notify all parties involved of the decision, in writing, within 48 hours upon reaching a decision. The parties will be notified of decisions regarding responsibility and sanctions, if applicable. Parties to be notified include the accused member(s) or group, their alumni advisor, the national fraternity, the Coordinator for Greek Affairs, and the Dean of Student Affairs. ARTICLE V: Sanctions Section 1: If a group is found responsible for a violation of policy, one or more of the following sanctions may be imposed. Proper sanctions shall be decided by the reps who heard the case and the SBC. The duration of any penalty imposed by the Board should not extend beyond one calendar year in which it was imposed except in extreme cases. Sanctions extending past one year are automatically subject to review by the Appellate Body described in Article IV. Section 2: Sanction Policy A. It is the policy of the Washington University IFC Standards Board that sanctions assigned should match the type, severity, and nature of the offense being sanctioned. Lenient and/or harsh sanction will not create the desired outcomes of growth through sanctioning. B. While sanctions do serve as punishment for poor decisions, they also are designed to teach members and chapters the right ways of doing things. Whenever possible, then, sanctions should serve an educational, not punitive purpose. The Board must strive to find appropriate, instructional sanctions instead of harsh, vindictive or lenient alternatives. C. It is appropriate, in considering sanctions, for the Board to take into account the individual’s or organizations’ history before the Standards Board. It is the duty of the SBC to present the recent incidents involving the specified individual or organization which the Board hear. Section 3: Possible Sanctions include, but are not limited to: A. Reprimand. This is a warning indicating that the group’s actions were inappropriate and that subsequent violations may result in more severe disciplinary action. B. Restitution. Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. C. Educational Seminars. This requires the group to attend, sponsor, finance, and/or present an educational program. The program must be approved by the Board. D. Community/University Service. An individual or organization may be required to complete a specified number of hours of service. The type of service must be approved by the Board. E. Intramural Restrictions. These restrictions prohibit the group from participating in any portion of the intramural program as determined by the Board. These restrictions may also prevent the group, or members of the group, from receiving any honors given in connection with such activities. In addition, point penalties may be assessed when appropriate. F. Campus Activities Restrictions. These restrictions prohibit groups from participating in some, or all, University and Greek events, or from using university facilities. G. Fine. A fine of no more than $1000 may be imposed on a chapter. A fine makes a matter of record any incident that reflects badly upon the chapters, the system, or the University. Any income from fines will go to the Washington University IFC to support continued educational programs or other programs approved by the IFC. H. Other Penalty. The Board may impose any other restriction, requirement, or sanction in addition to, or in conjunction with, those listed above, when deemed appropriate. I. Disciplinary Probation. This is a serious warning that subsequent infractions of policy will most likely result in an organization’s suspension. The probation is given for a specified period of time. The probation may involve social, athletic, or other areas of fraternity life. In addition to imposing probation, the Board may impose one or more of the above restrictions if deemed suitable. J. Recommendation of suspension. This action consists of a chapter’s removal, for a specified period of time, from the IFC. All privileges given to a member chapter shall be revoked. In addition, the Board may recommend the prohibition of the group’s participation in all IFC, Greek, or University activities (except section K below), and the use of University facilities. K. Restriction on Rush. The only sanction specifically prohibited to the Board is restriction of recruitment and/or association privileges. Under no circumstances will the Board prohibit or limit a chapter’s ability to take part in fraternity rush. Section 3: Compliance with sanctions. A. The Board is ultimately responsible for the imposition and execution of all disciplinary sanction recommended at the hearing. B. There shall be a monthly review, done by at least two of the representatives present at the hearing, to ensure that the sanctioned party is completing its assigned obligations. C. If non-compliance occurs, another hearing will be held, and the non-complying party’s situation will be re-evaluated. It is likely that harsher sanctions will be recommended for the non-complying party. ARTICLE VI: Appeals Section 1: Procedure. An organization which feels aggrieved by the Board has the right to submit an appeal. A. Such appeals must be made in writing to the SBC within 72 hours, unless deemed impossible by the SBC, of the date the organization receives the letter of notification concerning the Board’s decision. B. Appeals must be based on one or more of the following criteria: 1. Severity of the sanction(s) 2. Ability to introduce new evidence, including witnesses. 3. Improper hearing procedures. C. All sanctions designated by the Board to last longer than one calendar year will be automatically subject to review by the Appellate Body. D. The appeal will be reviewed by the SBC and the IFC President, in consultation with the Coordinator for Greek Affairs. Section 2: Result of Decisions A. Should the appeal be granted by the review committee in (D) above, it shall then be heard by a committee consisting of the Dean of Student Affairs, the Coordinator for Greek Affairs, the IFC President, and the SBC. B. Should the decision of the Board be overturned by the Appellate Body, the Body retains the right to excuse all sanctions, or impose whatever sanctions it deems appropriate. C. Should the appeal be denied, the decision of the Board will remain final. ARTICLE VII: Amendments Section 1: Any member of the IFC or the Standards Board may propose an amendment to the Judicial Code. Section 2: Any part of the Judicial Code may be revised by a two-thirds majority vote of the IFC. Section
3: The Judicial Code shall be reviewed and, if necessary, revised at
least once every two years to include any updates or changes in judicial
policy. |
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