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Board of Sorority Affairs: Procedures

Appeal Procedure

Every Sorority has the right to request an appeal of any disciplinary decision reached by its respective Greek Council Judicial Board. The sanctions will remain in effect unless a chapter specifically requests and is granted relief by BSA.

The decision of a Greek Council Judicial Board may be appealed in the following manner:

1. Within seven (7) calendar days after notification of action taken following the original hearing, the chapter must submit in writing a request for appeal to the Executive Director of the Senate Committee on Student Discipline. A chapter wishing to make an oral statement at the requested appeal proceeding should include that in the letter.
2. The Executive Director of the Senate Committee on Student Discipline will notify the Board of Sorority Affairs of the request. Based on evidence brought forward in this request and the hearing proceedings (via recording), BSA will determine whether an appeal proceeding is warranted. If granted, an appeal will generally occur within seven (7) calendar days of such determination.
3. BSA will deliberate on the appeal in closed, executive session. The deliberations will be limited to:
   1. Whether or not the incident constituted a violation of University or respective Greek Council regulations.
   2. Whether the procedures followed were authorized.
   3. Whether the action taken was warranted.
      • No new evidence may be presented at the appeal hearing. The appealing chapter and/or the particular Greek Council Judicial Board may submit written statements to BSA.
      • On the basis of the written statements, any oral arguments and a review of the evidence presented at the hearing, the Board may:
        • Affirm the original decision;
        • Affirm the decision and reduce the penalty;
        • Reverse the decision; or
        • Vacate the decision against the chapter and order a new hearing.

It should be noted that the right of a chapter to request a review of disciplinary action represents a realistic recognition that all individuals, especially in an educational setting, should have available to them a procedure which reduces the possibility of unfair and arbitrary treatment

Ethical Standards

Since the authority for the Board operation is delegated by the Senate Committee on Student Discipline, certain institutional guidelines regarding discipline must be observed by members of the Board. Violation of these standards is cause for an individual's removal from the Board.

It is the responsibility of each Board member to observe the following ethical standards:

1. Information regarding the disciplinary status of any student, or sorority is not to be discussed with anyone (chapter members, friends, etc.) outside the Board meeting. Likewise, any information given in confidence at a judicial hearing should not be discussed outside the meeting.
2. The disciplinary record of any student or chapter is not to be discussed outside the Board meeting.
3. When talking with a student, Board members should refrain from making accusations or statements of any kind which cannot be supported.
4. In cases involving discipline, the vote of each Board member is confidential. The vote of the entire Board, however, is shared with the student(s) when the Board's decision is announced. Information regarding majority and minority opinions should be shared with the student(s) and are to be recorded in the tape or official record of the hearing.
5. All decisions of the Board must be upheld by all members of the Board, even though there may be dissenting opinions.

The confidentiality of Board proceedings under these standards must be stressed. The association of students with the Greek Community and the unique identification of members with their fraternity is a strong force with the Community and campus-wide. When disciplinary proceedings are undertaken, strict confidentiality is the best means to ensure that the individual's right to privacy is maintained. This is the only manner in which we can preserve the integrity of the Board.

It is particularly important to remember that Board members become, in a sense, role models for other members of the Greek Community. They are identified not only as members of their own chapter and the Greek Community at the University of Illinois at Urbana-Champaign, but as representatives of the responsibility of the community. Therefore, it is especially important that Board members both uphold and obey the regulations and policies of the Greek Councils and of the University.

Double Jeopardy

No student or group will be subjected to "double jeopardy." Double jeopardy is defined as "being tried twice for the same incident within the same judicial system." However, such a provision does not preclude a single incident being addressed by more than one judicial system, i.e., a Greek Council Judicial Board, a national sorority/fraternity and/or a civil court. Trial by more than one of these systems is appropriate in that a fraternity or sorority owes a different kind of obligation to each of these publics. For instance, as a unit functioning within the local community, the fraternity or sorority has a responsibility to obey local laws and ordinances. Failure in this responsibility rightly subjects the fraternity or sorority to sanction by the judicial authority of that community. Likewise, a fraternity or sorority would run counter to its obligations to both the local community and the Greek Community. In such cases, trial by both judicial systems is appropriate and should not be considered a case of "double jeopardy." Trial by more than one judicial system is also appropriate considering the different governing values underlying each system and the different kinds of sanctions these values generate. Civil law is essentially protective and punitive in nature; University discipline is intended to be an adjunct to the education process and as such, makes a direct attempt to correct the causes of an action.

For example, if a new member class went out and destroyed the property of a local citizen, the civil authorities would intervene with fines and other legal actions against the individuals involved sanctioning the perpetrators for their transgression against the laws of the community. But let us assume the new member class had been told by the active members to act in the fashion they did-a transgression against the value and ethics of the Greek community. The civil sanctions would not address this problem, or even recognize it; the Greek Council Judicial Board is the only judicial body which can recognize the situation and respond with "educational" sanctions to eradicate this practice (such as requiring a community service project of the fraternity or sorority).

Due Process

In any judicial hearing, the chapter appearing before the Board must be granted certain due process rights. These are as follows:

1. The chapter shall receive a written notice indicating the time and place of the hearing. This notice must be sent at least five (5) and normally no more than ten (10) calendar days in advance of the hearing. It should contain a very brief summary of all allegations of the case.
2. The chapter must be given the opportunity to read the written report stating the circumstances and allegations of the case. The chapter should be informed of this opportunity immediately. If the chapter has not taken the opportunity to read the report before the hearing, they may do so at that time. Said report must be prepared at least 24 hours before the hearing.
3. The chapter has the right to a closed hearing.
4. The chapter has the right to have an advisor of their choice present at the hearing. This advisor should not be a party to the case, but may be a sorority officer, chapter advisor, attorney, parent, etc.
5. The chapter has the right to remain silent (i.e., not to testify against oneself).
6. The chapter has the right to hear all testimony presented against them.
7. The chapter has the right to present witness statements and witnesses in accordance with Board procedure.
8. The chapter must be informed of their right to appeal and the procedures for submitting such an appeal. A time limit for making this appeal should be specified in the notification results.
9. The chapter will normally receive written notification of the results of any hearings no later than ten (10) calendar days after the hearing.
10. The chapter has the right to an expedient hearing.
11. A quorum must be present for all judicial hearings. A quorum shall be one more than half of the eligible voting members of the Board (i.e., three out of five members). A judicial board member must recuse her/himself from the case if the chapter he/she is a member of is accused of a violation of the Code or Greek Council rules.
12. Although these rights are guaranteed, everyone concerned should understand that Judicial proceedings differ from proceedings in a civil court. The purpose of the Board is not primarily punitive in nature, but is a group of peers expected to act in a constructive manner whenever possible.

Things to Consider

1. Resolve all the conflicts in a case. Call chapter and/or witnesses back for further questioning if there are conflicting statements.
2. Watch the time elements involved in a case. What time did the incident happen? How much time between events? What was going on before the incident?
3. Board members should work together during questioning. Explore one topic thoroughly, then move on to the next. Have a purpose in asking each question. Avoid tangents.
4. In cases involving several chapters and/or students, it is sometimes advisable to ask each person a few of the same questions. This helps in determining the consistency of the information you receive.
5. Try to find out how the chapter would react if this situation were to arise again. What has been done to prevent recurrence?
6. Board members should not pass notes, watch the clock or whisper back and forth during a hearing. This creates uneasiness on the part of the student(s) who deserves the same courtesy and attentiveness that the Judicial Board demands of them.
7. Consider the possible consequences of your action before reaching a final decision. There is sometimes a tendency to be overly lenient in a decision in light of possible action that could be taken at some future time. Take whatever action is relevant to the present situation in hopes that it will prevent future problems from occurring.
8. Make the sanction relevant to the cause of the incident avoiding action which deals only with the symptom or surface act. The judicial process should be preventative as well as punitive.
9. Remember that during every case an opinion is being formed of the Board and its judicial system.

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