Board of Fraternity Affairs: Hearings

The Board of Fraternity Affairs has jurisdiction over two categories of matters:

1. It has original jurisdiction to hear and take action in regard to matters referred to it by disciplinary officers.
2. It has jurisdiction to accept appeals from action taken by a Greek Council Judicial Board.

Separate procedures govern the two categories of jurisdiction.

In the discharge of its responsibilities, the Board of Fraternity Affairs is to be guided by the philosophy of the disciplinary system outlined in the "Introduction to the System of Conduct Governance of Students," adopted by the Senate Committee on Student Discipline. In particular, it should:

1. recognize that the role of the system is to discipline as well as to protect the integrity and security of the University community and its mission;
2. recognize that disciplinary action or sanctions are not necessarily punitive -- they should serve an education function -- but, at the same time, that punishment itself, if applied fairly and appropriately, serves an educational as well as a deterrent function; and
3. assure, as best it can, that the system and the actions of the BFA are fair, just, and reasonable to individual respondents, to other individuals affected by the alleged misconduct, and to the University community.

Procedures for Original Jurisdiction

Upon referral of a matter to the BFA.

1. The Executive Director of the Senate Committee on Student Discipline will schedule a matter referred to the BFA for hearing at a regular meeting of the Board.
   1. The case shall be scheduled no less than five (5) days nor, normally, more than ten (10) calendar days from the date of the referral.
   2. The chair may reschedule a case upon good cause shown.
   3. Notice of hearing or a rescheduled hearing shall be given to the respondent by mail.
      • The Executive Director will provide the chair of the Board with a complete file of the case at least one day before the case is scheduled for hearing.
      • The chair will review each case file before hearing, and, if he determines that a case file is incomplete, he shall request the Executive Director to remedy any deficiency or secure additional information, documents, statements, etc.
      • The chair will assure that the respondent has had an opportunity to review the case file prior to hearing. The respondent shall in no case be confronted with any charge which he has not had an opportunity to review at least five days prior to the hearing.
      • Members of the Board should review each case file at the office of the Executive Director before the hearing of a case. If any member feels that a case file is incomplete, he should bring this to the attention of the chair or the Executive Director.

Hearing of the Case.

1. A quorum for hearing shall be a number of members present which constitutes a majority of the authorized membership of the Board (including the chair).
2. The hearing will take place as scheduled. A hearing will not be suspended or continued on account of the absence of a respondent unless, upon good cause shown, the Board, by majority vote of members present and voting, agrees to suspend or continue the hearing of a case.
3. Hearings will normally be closed except that at the request of a respondent certain individuals designated by the respondent may be permitted to attend; provided, however, that the chair may limit attendance to a number of persons who can reasonably be accommodated in the hearing room; and, further, the chair may remove from the hearing room any person or persons who may interfere with the orderly process of the hearing.
4. The Executive Director and/or Disciplinary Officer may attend the hearing.
   1. At the request of the chair of the Board, the Executive Director and/or Disciplinary Officer may present the case to the Board. In doing so, his role is not to be an adversary one, but, rather, he should undertake to assist the Board in its role of discovering all of the facts of the alleged incident.
   2. The Executive Director and/or Disciplinary Officer should not comment upon the case to the Board. However, s/he may answer any questions presented to her/him by the Board and advise the Board with respect to procedures to be followed.
   3. The Executive Director and/or Disciplinary Officer may attend closed sessions of the Board in an advisory capacity. S/he may not participate in the Board's deliberations, but s/he may respond to questions on procedures asked by the Board and advise the Board on its procedures.
      • In the event that oral testimony is to be presented, the Executive Director shall invite those witnesses whose presence is deemed appropriate. The respondent shall invite any witnesses who are to appear on her/his behalf.
      • Procedures at hearing.
   4. Ascertain presence of respondent and identify respondent.
   5. The chair will identify himself, the members of the Board, the executive director and/or disciplinary officer (if present).
   6. Ascertain presence of an advisor to respondent and identify.
   7. Advise respondent:
      • That the respondent may have an advisor or counsel present.
      • That the respondent may request that certain persons be permitted to be present during the hearing. If the respondent so requests, the designated persons should be admitted at this time.
      • That the respondent or her/his advisor may comment on the material contained in the file of the Board, may question any witnesses who offer oral testimony, may present documentary evidence or statements for consideration by the Board, and may present witnesses to offer oral testimony or statements (subject to questioning by the Board). It should be explained that, generally, oral evidence, where the witness is subject to questioning by the Board or the respondent, is given greater weight than the same evidence in the form of a written statement only.
      • That the respondent may make a statement or present oral testimony to the Board (subject to questioning by the Board), or that s/he may remain silent.
      • That the hearing is not an adversarial one; rather the Board is charged to discover, as best it can, the true facts of the alleged incident and, based upon the facts, take appropriate action.
   8. Identify the record.
      • The charge referred (read charge).
      • Documentary evidence, statements and memoranda included in the file of the Board, including any documents, etc., previously submitted by the respondent. If the respondent has not previously reviewed any document, s/he should be permitted to do so.
      • Receive or identify any documentary evidence, etc., offered by the respondent.
   9. Ascertain whether respondent:
      • Admits the violation. If so, proceed to hear or receive any testimony, statements or documents offered by respondent in mitigation or extenuation.
      • Denies the violation. If so, ascertain what, if any facts are controverted and/or what, if any, inferences from the facts are in issue. On the basis of discovery of the particular points in issue, proceed to hear or receive any testimony, statements, or documents which may be relevant to the issues and, in addition, any information which might bear upon extenuation or mitigation of any offense.
   10. Order of hearing oral testimony or statements.
       • Witnesses invited by the Board through the executive director of the Senate Committee on Student Discipline. (After presentation, the Board, then the respondent, may question.)
   11. If the further inquiries are necessary, the Board may suspend or continue its hearing in order to pursue such inquiries. It may request the executive director of the Senate Committee on Student Discipline to attempt to secure additional information or request the individual respondent to secure appropriate additional information.
   12. At the conclusion of its hearing, the Board will advise the respondent that s/he will be notified of the Board's action.
       • The respondent may appeal any sanction to the Senate Committee on Student Discipline within five days of the notice of sanction.