Judicial Board Hearing Procedures

The SNHU judicial board is composed of students, faculty and staff. Members of the judicial board participate in hearings on a rotating basis, and attendance at hearings ranges from 5-7 judicial board members. At least two students will minimally hear each case regardless of the total number of judicial board members. The Assistant Dean of students will serve as the advisor to the board, and will not have a vote.

Students participating in a judicial board hearing will be given the names of the judicial board members in advance of the hearing. Should a student believe that any voting board member is biased or could not render an impartial judgment; the student may challenge the individual’s participation in the judicial board hearing. The Assistant Dean will rule on such challenges, and the decision will be final.

If a student chooses or the Assistant Dean refers a case to the judicial board for review, the following procedures will be followed:

Notice--Students will receive a letter electronically from the assistant dean of students to attend a preliminary hearing. The purpose of this hearing is to review the documentation, explain the student’s rights & responsibilities, and to explain in detail the judicial process.
Attendance--The student is required to attend his/her meeting. If the student fails to attend the meeting, the review will be made in his/her absence and the student will also forfeit his/her right to appeal the findings. Only members of the university community may attend the hearing.
Burden of Proof--The burden of proof is on the university to show that the student is responsible for the violation or a pattern of misconduct. The standard of proof is not that of the criminal courts. The decision shall be made on the basis of whether a violation of university policy more likely than not occurred.
Presentation--The staff member recommending the sanction will present the case for the university; you will present your own case. If the case suggests that an initial investigation should take place due to the complexity, the residence director or designee will facilitate the investigation. The individual hearing the case may not be involved in the development of the presentation for either party.
Witnesses--Written witness statements must be presented to the hearing officer 24 hours in advance of the hearing. Witnesses may also be present at the hearing to answer any questions if needed. This will be at the discretion of the hearing officer. Written statements by non-residents and others unable to attend the hearing may be submitted for consideration. As the student’s character is not in question, character witnesses will not be allowed to be a part of the hearing.
Legal Counsel-- Both the student and the staff presenting the case may seek the advice of counsel in preparing the case but legal assistance will not be allowed during the hearing (whether by means of presence at the hearing or by recess and conference outside the hearing). If there is a criminal case pending against a student, he/she may have the advice of counsel during a hearing regarding his/her own statements and answers to questions, but on no other matter. Counsel may not assist the student or advise him/her on questions he/she may ask of others during the hearing.
Advisor-- An accused student may have an advisor of his/her choosing from within the university community present at the meeting. The advisor may be selected from the faculty or staff at the university. The advisor shall not participate directly in any aspect of the hearing; the advisor may only confer with the student. It is the student’s responsibility to present all aspects of his/her own defense.
Hearing--The hearing will be conducted formally and a tape recording of the hearing shall be made; students may request and pay for a copy.
Finding and Sanction--Based upon the information presented and the written statements, the judicial board will decide if the student is responsible for the alleged violation(s). If the student is found responsible for any violation(s), the board will then be informed of the student’s prior discipline history. The board will include the prior history when determining the appropriate sanction(s). The decision of the judicial board will be subject to final review by the assistant dean of students for rights and responsibilities.
Refund Policy for Discipline Cases--If the student is terminated from a program or housing, he/she is not eligible for a monetary refund from the university.
Notice of Results--An email notifying the student of the results of the hearing will be sent electronically no later than 5 business days following the hearing. A copy of the notification may also be sent to the parents at the discretion of the judicial board. Decisions made by the judicial board and/or hearing officer shall be final pending the appeal process.
Appeal--If the student is found responsible, he/she may file a petition to appeal if one of the three basis for an appeal is reasonable met. Please refer to the specifics of the appeals process located in the appeal section of the student handbook.
Special Accommodations--The judicial board may accommodate concerns for the personal well-being, and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videophone, closed circuit TV, video conferencing, videotape, audio tape, written statement, or other means. This determination will be based on the judgment of the assistant dean of students for rights & responsibilities or his/her designee.