Panhellenic Judicial Board of Review Training

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Panhellenic Judicial Board of Review Training

• Ball State University
• January 2008

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Introductions

• Beth Simmons, PHC VP Internal Affairs
• Laura Cheesman, Graduate Advisor
• Cara Luyster, Assistant Director
• Judicial Board Members
• Chapter Presidents
• Panhellenic Exec Board

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Why are you here?
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General Expectations and Duties

• Professionalism
• Hearing Behavior
• Critical Thinking and Questioning
• Consensus and Sanctioning
• CONFIDENTIALITY
• Ethics
• Fairness
• Accountability
• Rights to Privacy
• Consistency

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Additional Expectations

• Attend ALL meetings
• Be available for signed-up Hearing days and times
• Fulfill all duties and responsibilities
• Check email daily
• Respond one way or another IMMEDIATELY
• Please arrive on time or early
• Serve this role for 1 year, unless elected as a
  PHC Executive member, chapter president,
  recruitment officer, or risk management officer
  of chapter

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Goals and Responsibilities

• Developing and Upholding Standards
• Education Its an educational process
• Judicial
• Stop inappropriate behavior
• Support the Greek System

Remember, this is about education NOT punishment!!
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Panhellenic Mission Statement

• As undergraduate members of women's Fraternities
  at Ball State University, we strive to uphold the
  ideals of scholarship, service, and leadership
  with a genuine commitment to our college and
  surrounding communities.  Through mutual respect
  and support of all the Greek women and their
  rituals, we will establish and demonstrate
  a diverse and cooperative sisterhood.  The women
  of Panhellenic Council will devote time and
  resources toward the development of every
  chapterwhile fostering positive interactions
  among all women and ethical behavior in
  accordance with the unanimous agreements.

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Purpose

• Self governance, accountability and education
• Self-governance affirms that Judicial Board
  members are responsible enough to identify and
  deal with violations of Panhellenic ideals and
  policies.
• Accountability identifies the need to quickly
  and appropriately confront behavior that violates
  Panhellenic ideals and policies.
• Education assures that training, hearing
  procedures and sanctions are educational for the
  individuals and chapters involved as well as the
  Greek community.

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Jurisdiction

• Issues concerning violations of
• Panhellenic Constitution
• Panhellenic Bylaws
• Panhellenic Code of Ethics
• Recruitment Regulations
• NPC UNANIMOUS AGREEMENTS
• Standing Rules
• Greek Community Social Events Policy
• FIPG

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Composition

• Panhellenic VP of Internal Affairs - Chief
  Justice
• Hearing Board pool 11 Justices and 11 alternates
  
• Hearing 5-7 justices, including the Chief
  Justice no less than 5
• Panhellenic Advisor and/or Graduate Advisor
  serving as ex-officio member
• If Chief Justice cannot serve, Panhellenic
  President will serve as Chief Justice
• No justice may be a member of a sorority involved
  in the case being heard by the JBR.

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Description of Chief Justice

• Coordinate training
• Appoint JBR justices
• Make arrangements for hearings as indicated by
  Panhellenic President
• Determine if any JBR members need to be excused
  because of conflict of interest
• Provide the involved chapters presidents and
  advisors with the hearing arrangements agenda
  for hearing procedures
• Preside at judicial hearings/Implement correct
  procedures
• Inform chapters presidents and advisors of the
  decision, sanctions, and appeals process

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Differences between criminal process and
educational process

• Loss of liberty of life
• Federal rules of evidence
• Guilt beyond reasonable doubt
• Language includes
• Crime
• Laws
• Evidence
• Trial
• Judge
• Guilty
• Defendant
• Victim

• Removal from community
• All reasonable information is considered
• Responsibility established by preponderance of
  information
• Language includes
• Violation
• Policies/regulations
• Information
• Hearing
• Hearing Board
• Responsible/Not Responsible
• Accused student
• Complainant

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Standard of Proof

• NOT beyond reasonable doubt
• NOT clear and convincing
• The standard we use is
• preponderance of the information
• Referred to by the University Review Board as the
  50 and a feather degree of certainty.

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A Basic Overview and Discussion of Policies
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Ball State University Panhellenic Code of Ethics

• We, as members of the Panhellenic community of
  Ball State University, agree to honor and uphold
  the National Panhellenic Conference UNANIMOUS
  AGREEMENTS through our thoughts, words, and
  actions. Our goal is to be models of pride,
  honesty, and courtesy for all chapters and
  individuals of the Greek community. Respect for
  and consideration of individual rights and
  feelings are the responsibility of every member.
  Through encouraging and assisting all Greek
  members in the pursuit of moral and social
  advancement and the promotion of love and unity
  within the Greek community, we will foster an
  environment of harmony and understanding that
  furthers the ideals of every fraternity. While
  keeping with our aim to promote the highest
  ideals of womanhood, we will hold each other
  accountable for behavior that is inconsistent
  with our expected standards of conduct and
  educate our members fully on these same
  standards. We will strive to behave in a manner
  consistent with each chapters ritual and
  founding principles in all interactions with
  others. By demonstrating these ethical
  standards, we truly will be furthering our
  fraternity life, in harmony with its best
  possibilities.
• We as women of Panhellenic Council believe
  ethical behavior to be the following We trust
  each other to be responsible and to conduct
  ourselves within the realm of high moral
  standards. We will treat each other with respect
  and dignity and with the highest amount of
  fairness and honesty!!

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Recruitment Guidelines and Rules

• All Panhellenic exec and Pi Chis are expected to
  disaffiliate
• No favors or gifts may be given to PNMs
• STRICT SILENCE - begins from the time of the end
  of the womans last event until the issuance of
  bids. defined by verbal, written, printed or
  text message communication between the PNMs and
  sorority members or alumnae. NO COMMUNICATION
  BETWEEN PNMS AND SORORITY WOMEN.
• No men involved with recruitment/bid day
• No alcohol involved with recruitment/bid day

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NPC UNANIMOUS AGREEMENTS

• All 26 groups have unanimously agreed to follow
• Helps to keep things orderly and equitable
• Important Ones
• Includes things we have already discussed on
  previous slide
• No disparaging remarks about other groups
• No men or alcohol in recruitment and Bid Day
  activities
• No bids implied or given out beforehand (before
  Bid Day)
• No negative publicity on Panhellenic matters
• No sorority members may visit a PNM in her place
  of residence during membership recruitment.
• Bid Promising - suggesting to a PNM that she
  refuse a bid in order to wait for a bid from
  another group or suggest that a PNM list only one
  choice on her preference card

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FIPG Policies and Procedures
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Greek Community Social Events Policy

• Includes the Greek community alcohol policy.

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Panhellenic Association Alcohol Free Housing
Resolution
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Hazing Policy

• Taken from the Ball State University Student
  Code, p. 40
• APPENDIX D - Hazing Policy
• A. Hazing by students, student organizations,
  groups or teams of Ball State University is
  prohibited. Hazing is defined as follows Any
  mental or physical requirement, request, or
  obligation placed upon any person (including but
  not limited to a pledge, associate member,
  affiliate, prospective member, guest, initiate or
  team member) which could be harmful to the health
  and/or welfare of the person, or which is
  personally degrading to the individual involved,
  or which has an adverse effect on the academic
  progress of the person, or which violates any
  federal, state, or local laws or University
  policy. Individual acceptance of or acquiescence
  to any activity covered by the foregoing
  definition in no way validates or excuses the
  activity. Student groups may be required to
  certify in writing that they are in compliance
  with this policy.
• B. Individual members of organizations, groups or
  teams who violate this policy are subject to
  disciplinary action as provided in Section V, of
  the Code of Student Rights and Responsibilities.
  Any organization which violates this policy is
  subject to sanctions which may be imposed by the
  coordinating body of which the organization is a
  constituent member, the Vice President for
  Student Affairs and Dean of Students or a
  designee, and/or the Student Activities
  Committee.
• Indiana law requires any person with knowledge of
  hazing activities to report that information to a
  proper authority. At Ball State University, that
  report should be forwarded to the Office of
  Student Life (Student Center, Room 133,
  285-2621), the Department of Public Safety
  (285-1832), or University Police (285-1111).

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The Code of Student Rights and Responsibilities

• Any violations of this policy is handled by The
  Office of Student Rights and Community Standards.

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Examples of Violations

• Recruitment Violations
• Non-recruitment Violations

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Forms

• The NPC Judicial Forms shall be used to ensure
  proper documentation and adherence to the NPC
  UNANIMOUS AGREEMENTS. They are
• 1. CPH Violation Report Form
• 2. CPH Notice of Infraction Form
• 3. CPH Record of Mediation or Judicial Board
  Hearing
• Form
• 4. CPH Mediation or Judicial Board Hearing
  Minutes Form
• 5. CPH Notice of Appeal Form

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Procedures for Non-Recruitment Violations

• CPH Violation Report Form is completed by
• A college chapter
• Panhellenic Advisor
• Panhellenic Council officer
• CPH Violation Report Form must be
• Signed by chapter president if chapter files it,
  or in the other cases signed by person filing
• Time, place, and witnesses specified
• Inclusive of witnesses
• Submitted to Panhellenic President in a timely
  manner (no more than 30 calendar days from
  alleged infraction)

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Procedures for Non-Recruitment Violations

• Violations must be based on fact, NOT hearsay.
• There must be witnesses.
• Panhellenic President must
• Verify all guidelines have been met (timely
  manner, has time, place, and witnesses, based on
  facts)
• Endorse the report for Judicial Board hearing
• Convene PHC Exec to evaluate the report, conduct
  an inquiry, and determine if going to Judicial
  Board of Review
• Forward a copy of endorsed report to cited
  chapter, chapter advisor, Panhellenic Advisor,
  and the NPC Area Advisor
• Forward Panhellenic VP Internal Affairs copy of
  any violation being adjudicated.

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Non-Recruitment Violation Timeline

• Violation Report Form filedin a timely manner
  but no more than 30 days
• PHC President send Notice of Infraction to
  accused chapter, chapter advisor, Panhellenic
  Advisor, and NPC Area Advisor.Within 1 week of
  receiving Violation Report Form
• Schedule mediation or decide or Judicial Board
  hearingwithin 1 week of receiving Notice of
  Infraction Form
• Judicial Board HearingWithin 1 week of receiving
  Notice of Infraction Form
• Decision letter and appeal info to chapter
  presidentWithin 24 hours after hearing
• Appeal Form submittedWithin 48 hours of
  receiving Judicial Board decision

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Procedures for Recruitment Violations

• CPH Violation Report Form is completed by
• Chapter President
• Pi Chi
• Potential New Member
• Panhellenic Advisor
• Panhellenic Exec Board member
• Violation Report Form must be
• Signed by chapter president if chapter files it,
  or in the other cases signed by person filing
• Time, place, and witnesses specified
• Inclusive of witnesses
• Submitted to Panhellenic President in a timely
  manner (no more than 30 calendar days from
  alleged infraction)

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Procedures for Recruitment Violations

• Violations must be based on fact, NOT hearsay.
• There must be witnesses.
• Panhellenic President must
• Verify all guidelines have been met
• If filed by college chapter, endorse the report
  for Mediation or adjudication
• If filed by a Pi Chi, PNM, or Panhellenic
  Advisor, convene PHC Exec to evaluate the report,
  conduct an inquiry, and determine if going to
  Mediation
• Forward a copy of Notice of Infraction Form to
  cited chapter, chapter advisor, Panhellenic
  Advisor, and the NPC Area Advisor
• Arrange Mediation
• If mediation is not successful, arrange for the
  appeals process
• Forward Panhellenic VP Internal Affairs copy of
  any violation being adjudicated.

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Recruitment Violation Timeline

• Violation Report Form filedin a timely manner
  but no more than 30 days
• PHC President send Notice of Infraction to
  accused chapter, chapter advisor, Panhellenic
  Advisor, and NPC Area Advisor.Within 1 week of
  receiving Violation Report Form
• Schedule mediation to take place1 week of
  receiving Notice of Infraction Form
• If mediation is successful, a decision letter is
  sent to chapter president and advisorWithin 24
  hours after mediation
• If mediation is unsuccessful, a Judicial Board
  Hearing must take placewithin 1 week after the
  mediation date

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Mediation

• Purpose
• to find a solution satisfactory to both the
  complaining party and the accused fraternity that
  is appropriate under NPC UNANIMOUS AGREEMENTS and
  the Panhellenic Constitution, Bylaws and rules.
• Participants
• Neutral mediator
• Most of the time a Ball State employee (e.g.,
  Director of Greek Life, graduate advisor, etc).
• Stays neutral on all occasions and makes sure the
  meeting does not get out of control
• Assists the parties in understanding the issues
  and assist them in reaching a satisfactory
  resolution
• Must have no vested interest in the outcome of
  the case
• Representative from chapter (s) involved
• Chapter President and Recruitment chair
• Chapter Advisor (cannot speak, purely support and
  counsel)
• Panhellenic Advisor
• Panhellenic President
• Person filing the infraction
• Panhellenic VP Recruitment (only if she has info
  to present)
• Secretary
• NO observers
• Guidelines
• Confidentiality

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Judicial Board Hearing

• If mediation is unsuccessful, a JBR hearing will
  be scheduled to resolve the issue at hand.
• Chief Justice, 5-7 justices, witnesses,
  Panhellenic Advisor, Presidents of involved
  chapters, advisors of chapters involved if so
  desired (only to advise, may not speak), are
  present during a hearing.
• If a Recruitment violation, the Recruitment chair
  may also be involved with the hearing.

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Pre-hearing (Board Members and Panhellenic
Advisor only)

• Read the incident report and the sequence of
  events.
• Identify any ambiguous areas or possible
  discrepancies in the report to determine what
  areas you will need to clarify to determine
  whether or not the student is in violation.
• Address and Discuss Judicial Procedures

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Hearing

• Procedures
• The hearing is closed to observers.
• Witnesses shall only be present while being
  questioned.
• Each sorority involved is represented by its
  president or her designee.
• Chapters involved in hearings have the right to
  consult with a fraternity (inter) national
  officer and an alumna advisor. An advisor may be
  present during the hearing. A national officer
  or advisor is for consultation and should not
  have a voice, unless she is acting in the role of
  witness.
• CPH Mediation or Judicial Board Hearing Minutes
  Form and the CPH Record of Mediation or Judicial
  Board Hearing Form must be completed in writing

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Hearing (Cont.)

• Call to order by the Chief Justice
• Introductions
• Charges read by the Chief Justice
• Presentation and Questioning
• Five minute opening statement by accuser (s)
• Five minute opening statement by the accused
• Questioning of the accuser (s) by the justices
• Questioning of the accused by the justices
• Call of any witnesses by the accuser (s) and
  cross examination
• Call of any witnesses by the accused and cross
  examination
• Questioning of the accuser (s) by the justices
• Questioning of the accused by the justices
• Closing statement by the accuser
• Closing statement by the accused
• All in attendance except the Chief Justice and
  Board members excused from the meeting
• Deliberation begins

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Deliberation Discussion

• Charges stated by the Chief Justice
• Chief Justice requests motion from Judicial Board
  member
• Discussion of motion
• Verdict rendered (Responsible or not each board
  member will vote)
• Appropriate sanction determined if found in
  violation or if not found in violation, charges
  are dismissed.
• After accuser and accused return to the hearing
  room, verdict is read.
• The verdict (if found in violation), sanctions,
  and appeal information must be put in writing on
  the College Panhellenic Record of Mediation of
  Judicial Board Hearing Form and signed by the
  parties listed on the form.
• The chapter has to be more responsible than
  not to be in violation. The information does not
  have to be all or none.

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Appeals

• Appeal to the NPC College Panhellenics Judicial
  Appeals Chairman
• The College Panhellenic Notice of Appeal Form
  shall be submitted to the Panhellenic President
  within 48 hours of the chapter receipt of the
  Judicial Board decision.
• The following procedures are required
• The chapter and the Panhellenic President each
  must send four copies of the complete records of
  the case by certified mail, return receipt
  requested, to the NPC College Panhellenics
  Judicial Appeals Chairman. Her name and address
  may be obtained from the NPC Area Advisor. These
  records may be sent in one envelope.
• Must be sent within 1 week of submitting the
  Notice to Appeal Form
• The Panhellenic President notifies the NPC Area
  Advisor.
• The NPC College Panhellenics Committee Judicial
  Appeals Chairman will review the information and
  submit her response within 4 weeks of receipt.
• Read the policy for the rest of the steps

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Other

• Bring a pen and notebook to the hearing
• The Chief Justice can call a break during the
  hearing
• Chapters may bring an alumni or active advisor
• Attire Business Casual

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Asking Effective Questions

• It is harder than you think

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Basic Goals of Questioning

• Establish a sequence and narrative of the events
• Clarify conflicting information
• Understand how all parties perceived events
• You must gather all the information you need to
  make a fair and reasonable decision.

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Questioning What to avoid!

• Multiple Choice Questions
• Leading or Cross-examining
• Judgmental comments or TONE
• Off topic or irrelevant lines of questioning
• Demands for an answer to all questions
• Indirect or overly subtle questions

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Questioning

• Do not repeat question over and over again.
• Avoid questions with why (It sounds accusing and
  may make the defendant defensive) Instead use,
  tell me what you were thinking.
• Avoid leading questions.
• Silence is okay. Give the individual time to
  answer.
• Good sentence starters are, tell me or explain
  this.

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Weighing Information

• If there are conflicts in the information that
  you have heard, you must reconcile those
  conflicts, if you can, based on the assumption
  that students have offered information
  truthfully.
• If you find conflicting information that you
  cannot reconcile, you must decide what
  information you believe and what information you
  disbelieve.

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Weighing Information

• CREDIBILITY
• FACTORS THAT INFLUENCE CREDIBILITY
• Direct Information
• Circumstantial Information
• Documentary Information
• Secondhand Information
• Character Information
• Motive
• Malice
• Special Relationship

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Finding Facts

• Your decision should be based on information
  provided and not your opinion.
• Decisions are framed as conclusions rather than
  what you think happened.
• Be sure to base the decision on the information
  rather than personal bias.
• A no-no example, I know people with that and
  they are not _______ Your experiences should
  never determine the preponderance.

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Finding Facts

• Your finding of a fact is based on information
  provided and should explain to the chapter
  representative exactly what you concluded
  happened.
• Finding of facts need to be specific enough so
  the chapter understands why they are in violation
  of specific policies.

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Effective Sanctioning

• noun A consideration, principle, or influence
  that impels moral action Not punishment,
  retribution, or poetic justice

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4 Key Characteristics of Good Sanctions

• The expectations for the chapter are clear and
  unambiguous.
• There is a definite date by which the activity
  must be completed. This date should be coincide
  with or precede the end of the probationary
  period.
• Minimum quality and quantity standards (e.g.,
  of words in a paper, hours of community service,
  etc.) are established.
• The Panhellenic Council and OSL can reasonably
  monitor the requirements.

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Sanctioning Factors

• If and only if the group is found responsible,
  four factors should be taken into consideration
• The gravity of the violation
• Level of cooperation from the cited organization
• The impact that violations have on the Greek,
  university and the surrounding communities.
• The educational impact of the sanctions on the
  organization.

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Sanctions

• Inappropriate
• Monetary fines
• Only for measurable infractions (e.g., late
  invitation lists, late events)
• Already established by vote of Panhellenic
  Council
• Forbidding formal or informal entertainment that
  is part of membership recruitment or the
  observance of national fraternity celebration
• Lowering fraternity chapters new member Quota or
  Total
• Affecting the time of new member acceptance
  and/or initiation
• Forbidding the right to vote in Panhellenic
  meetings

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Sanctions

• Possible minor sanctions that may be issued
• Official written reprimand
• Officially reported in Panhellenic minutes
• Report sent to National Panhellenic President of
  Offending Group
• Report sent to NPC Delegate of Offending Group
• Report sent to NPC Area Advisor
• Host a Panhellenic reception for advisors, new
  members, etc.
• Present an Academic Enrichment Seminar
• Community Service Hours
• Plan a workshop for Chapter or Panhellenic
• Possible major sanctions that may be issued
• Plan and sponsor a Panhellenic workshop
• Plan and execute a major fundraiser for
  Panhellenic scholarship program, Breast Cancer
  Awareness Week, etc.
• Plan and sponsor a mini-retreat
• Plan a Positive Public Relations Program for PHC
• Suspension of Social Activities and or Intramural
  Participation
• Suspension of Intramural Participation
• No sanction may exceed one(1) year
• Every chapter has the right to one(1) appeal

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Other Possible Sanctions

• Alcohol Education at BSU Health Education
  AlcoholEDU, Basics, Court Offenders
• Marijuana Education at BSU Health Education
• Reflection Papers
• Research Papers
• Policy Review
• Educational Interview
• Educational Poster
• Late Nite Service
• Probationary Review Meetings
• Program Attendance Requirement
• Event/Conference Attendance

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Questions and Answers

• What concerns and apprehensions do you have?

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Thank You for Coming!!