The Judicial Committee of the Council of the Princeton
University Community
Powers and Membership
The Council's Judicial Committee hears and decides,
either in the first instance or on referral from one of the
other judicial bodies, cases that involve alleged violations
of those established rules and regulations whose violation
constitutes a serious infringement of the recognized rights
of members of the University community, a serious offense
against the University's mission, a threat to the ability of
the University to carry on its essential operations, or a
substantial impairment of the common and legitimate
interests of the University. The committee also hears and
decides appeals from persons found guilty of violations of
rules by other judicial bodies, when such persons have
claimed that the proceedings against them have not been fair
and reasonable. The committee's members include three
members of the faculty, two undergraduate students, one
graduate student, one member from one of the other groups
represented on the Council, and a chair who does not vote
except in the case of a tie. The nature and structure of the
Judicial Committee ensures that members of the University
community, if they stand accused of the same offense and if
it is a serious one, will have their cases decided in
accordance with the same interpretation of the rules
involved. Under previous arrangements, cases of alleged
offenses by undergraduates, graduate students, faculty
members, and staff members were heard by different judicial
bodies, and there was no mechanism to prevent the different
judicial bodies from putting quite different constructions
on the same rule.
Special judicial bodies and special procedures do,
however, remain in existence and continue to deal with
alleged violations of rules which apply only or mainly to
some particular group within the University (e.g., rules
governing students, faculty, staff, proctors, or
administrators). Acts which are an exercise of a function
unique to such a particular group are not subject to the
jurisdiction of the Judicial Committee so long as it would
have been reasonable for a person in the circumstances to
have believed that his or her acts were properly within the
scope of his or her particular function. Such acts may,
however, fall under the jurisdiction of the rule-applying
body or office of the particular group.
General Procedures
1. The procedures of the Judicial Committee, which are
outlined below, are designed to enable the committee to
fulfill its charge, and to guarantee to each person charged
the following rights in the interest of ensuring procedural
fairness:
a) To receive in writing in advance of a formal hearing a
statement of the charges against him or her, together with a
list of the witnesses and of the material evidence which the
person bringing charges intends to make available to the
Judicial Committee.
b) To testify if he or she desires and to answer
questions if he or she desires without prejudice for failure
to testify or answer questions.
c) To supply to the committee material evidence and a
reasonable number of witnesses to be called in his or her
own defense.
d) To question all witnesses called by the committee, and
to challenge the evidence.
e) To have an adviser of his or her choice from the
resident members of the University community at any hearing,
open or closed, who may speak on his or her behalf.
f) To receive upon request a record of the proceedings at
the hearing. The procedures of the committee also ensure
that all persons involved in judicial hearings have the
right to orderly procedures.
Any individual involved in proceedings is entitled to be
protected from harassment, or fear of harassment, by other
participants or by observers. In addition, the University
community is entitled to have the triers of fact protected
from the influence of threats, harassment, or unruly mob
behavior.
2. The procedures of the Judicial Committee were
formulated after consideration of a multitude of matters,
among them the nature of this University community, the role
of the Judicial Committee in the community, procedures of
other organizations in and out of this University which have
related interests, procedures in courts of law, procedures
in congressional and other legislative hearings, the needs,
the interest, and the welfare of the individuals who form
this community, and the experience of the committee in its
first year of existence. Some aspects of the procedures are
investigative, others are deliberative. They provide the
Judicial Committee the opportunity:
a) to ascertain the facts surrounding an alleged
violation of University regulations;
b) to explore issues related to such charges, in order to
determine possible mitigating circumstances which should be
taken into account in the levying of the penalties, if
any.
They aim therefore to facilitate the disposition of
matters brought to the Judicial Committee with the greatest
degree of justice and fairness for all concerned. The
committee assumes that all members of the Princeton
University community participating in proceedings will
observe generally accepted principles of honesty and fair
play.
Procedure in Cases Not
Previously Heard by Another
Authority
1. Charges
a) Persons wishing to place a case before the committee
shall file a complaint with the secretary of the Council of
the Princeton University Community within a reasonable time,
stating the nature and circumstances of the alleged
violation of University regulations.
b) The secretary will immediately forward the complaint
to the chair of the committee, who will make a preliminary
determination of jurisdiction, subject to review by the full
committee. The chair may refer the case to another authority
or agree to put the case before the committee.
c) If the case is to come before the committee, the chair
will obtain from the person making the complaint a formal
statement of the charges being made against a specific
person or persons, identifying the University regulation or
regulations alleged to have been violated, together with an
outline of the case to be presented.
2. Notification. Upon receipt of this information
the chair will immediately send a copy of the information
described in the paragraph above to each person so charged,
informing him or her of the date and place of a pre-hearing
conference, to be held within one week of the date of the
notification.
3. Pre-hearing conference. The purposes of the
pre-hearing conference are the following:
a) To give the committee sufficient information for it to
determine whether or not a hearing is necessary to determine
the facts. If the matter of jurisdiction is at issue, and if
a hearing is necessary, the determination of jurisdiction
will be the first order of business in the hearing.
b) To make sure that the persons charged fully understand
their rights, the charges against them, and the nature of
the supporting evidence.
c) To clarify for all parties the procedures to be
followed by the committee in hearing and deciding upon a
case.
d) To determine whether the persons charged wish to
request an administrative determination on the charge.
Persons against whom charges have been made may request, and
at its discretion the committee may approve, an
administrative disposition of the case by an appropriate
officer of the University. Under these circumstances the
persons charged must sign a statement indicating that they
understand the charges against them and their right to a
hearing before the Judicial Committee, but that they waive
this right and the right to an appeal to the committee. The
administrative officer will dispose of the case, sending to
the persons charged and to the committee a record of the
disposition of the case. Administrative disposition of a
charge in no way denies the right of an appeal to the
President of the University.
e) To determine whether the persons charged desire an
open or a closed hearing and to discuss the scheduling of
the hearing.
f) To determine whether any member of the committee
chooses not to hear this case because the member finds that
he or she cannot in good conscience apply established rules
and standards in this case (Charter, 5.6.3). The pre-hearing
conference will be closed. It will be attended by the
committee and its staff, the persons charged or their
representative, the persons bringing charges or their
representative, and any other persons invited by the
committee. Each party to the case may be accompanied by an
adviser from within the University community. If after
proper notice the persons charged do not appear, the
committee will proceed to make its own determination in the
case. At least three members of the committee shall be
present. After the pre-hearing conference, the committee
will meet privately to determine on the basis of what it has
heard whether a hearing is required under Section 5.6.1 of
the Charter of the Council of the Princeton University
Community and to set a date for the hearing. Parties to the
case will then be informed of the decision of the committee.
If the case is to be heard, the committee will obtain from
all parties involved:
(1) a list of the witnesses prepared to give testimony if
called by the committee, with an indication of the relevance
of the testimony of each to the charges being made;
(2) a description of the material evidence available to
the committee, with an indication of its relevance.
The committee will distribute to all parties involved a
list of all witnesses and material evidence to be
presented.
4. Hearings. Hearings will be closed unless the
persons being charged request an open hearing. At any point
during an open hearing, the persons charged may request
permission to close the hearing. The committee will rule on
any such requests. In exceptional circumstances, the
committee reserves the right to hold a portion of the
hearing in closed session.
a) At a closed hearing only the persons bringing charges
and their advisers, the persons being charged and their
advisers, witnesses called by the committee, members of the
committee, and the committee staff may be present. The names
of the persons charged will not be released by the
committee, and the records of the case will be considered
confidential.
b) At an open hearing, in addition to the persons
mentioned in the paragraph above, spectators from the
University community may be admitted up to the normal
seating capacity of the room. Open hearings will be held in
the Peyton Hall lecture room or a room of approximately
equivalent size. The campus radio may be given permission to
broadcast the hearing under conditions approved by the
committee, or arrangements may be made for the broadcast of
the hearing in an additional auditorium if there is
sufficient public interest to justify these
arrangements.
c) The chair of the Judicial Committee is responsible for
maintaining conditions which are consistent with the orderly
conduct of hearings. In carrying out this responsibility,
the chair is obligated to prevent and deter hostile,
threatening, or unduly disrespectful remarks or behavior by
any individuals present and also to prevent and deter
prolonged or emphatic audience response to testimony or
argument. In meeting this obligation, the chair may take
such steps as are outlined under "Responsibilities of the
Chair," paragraph 3, page 30.
d) The committee will call a reasonable number of
witnesses requested by the persons bringing charges and the
persons being charged. Normally, these witnesses will be
called from lists provided before the opening of the hearing
by the persons involved and made available to both parties,
but the committee may call any witnesses it pleases.
Normally, witnesses shall not be present at the hearing
until they present their testimony.
e) The committee may permit additions to lists of
witnesses or evidence when it is convinced that the
availability or relevance of such witnesses or evidence
could not have been foreseen before the hearing began.
Advance notice of such additions shall always be given to
all parties, and the committee shall allow such delay as it
may consider necessary to prepare for the questioning of
added witnesses or the examination of added exhibits.
f) All witnesses may be questioned by all parties in a
case and their advisers and by any member of the committee.
The chair may rule any question out of order.
g) All material evidence and documents shall be formally
introduced as presented in the hearing, lists of the
exhibits proposed for presentation as evidence and copies of
documentary evidence having been made available in advance
to all parties in a case. The committee may introduce
additional materials during the course of the hearing.
h) The credibility of any evidence which is introduced
may be challenged by any parties in a case.
i) The judgment of the committee shall be based entirely
upon testimony and evidence presented formally during the
course of the hearing. The persons charged shall be presumed
innocent until the committee is convinced beyond a
reasonable doubt by the evidence presented during the
hearing that they are guilty. In determining their guilt or
innocence the committee will disregard any previous history
of disciplinary action with respect to the persons charged.
If the persons charged are found guilty, the committee may,
in determining a penalty, take into account any previous
disciplinary action.
j) The persons charged and the persons bringing charges
may be questioned by the members of the committee and by the
other parties in the case. The persons charged may decline
to answer questions without prejudice.
k) A verbatim record of the hearing shall be made and
kept under the supervision of the secretary of the
committee. This record shall be supplied to the persons
being charged and the persons bringing charges upon
request.
5. Judgment
a) After the parties in the case have had a reasonable
opportunity to present their arguments and to question
opposing witnesses, and the committee has completed its
questioning, the committee shall meet in private to reach a
decision and, if it finds the charges to have been
sustained, to assign an appropriate penalty.
b) Five members, not including the chair, shall
constitute a quorum. All decisions shall be made by a
majority of those present.
c) When the committee has reached its decision, the chair
will notify the parties and then those authorities mentioned
in Section 5.6.6 of the Charter of the Council of the
Princeton University Community and the press of the
committee's disposition of the case. The committee's report
will include the result of its vote and a majority opinion,
together with minority opinions, if any. If the hearing has
been closed, the committee in making its public report will
be guided by the principles concerning the confidential
nature of student records.
Procedure in Appeals of Cases
previously Heard by Another Authority
1. According to the Charter of the Council, the Judicial
Committee may also decide to hear appeals from persons found
guilty of violating established rules and regulations, when
it has been alleged by such persons that the proceedings
against them have not been fair and reasonable.
a) The person wishing to have a judgment against him or
her reviewed shall, within one week (during which the
University is in session) of the original judgment, file a
request for review with the secretary of the Council,
stating the authority that made the judgment and the date,
and indicating the reasons for requesting a review.
b) The secretary will immediately forward the request to
the chair of the committee.
c) The chair will immediately notify the original
authority that the request for review has been made and will
as promptly as possible obtain from the authority that made
the earlier judgment the record of the proceedings in the
case. A copy of this record will be furnished by the
committee to the person making the request.
d) The person making the request will file with the chair
of the Judicial Committee within one week of receiving the
record a memorandum stating in what specific respects he or
she alleges that the procedures or the determination of the
penalty against him or her have not been fair and
reasonable. In preparing this memorandum, the person
requesting review has the right to seek any advice he or she
chooses.
2. Preliminary determination. The committee will
meet in closed session and decide on the basis of the appeal
memorandum whether there are sufficient grounds to hold a
formal hearing. It may at its discretion call the person
making the appeal for questioning in closed session, but if
it does, the authority which made the original judgment
shall be invited to have a representative present, who may
participate in the questioning. Note that the only grounds
for appeal are that the original proceedings "have not been
fair and reasonable."
3. Hearing. If the committee decides that a
reasonable doubt exists that the original proceedings were
fair and reasonable, a formal hearing will be conducted, the
procedures being analogous to those outlined under 4 and 5,
page 27.
4. Judgment. The judgment will be given according
to the same procedures as in 5, page 28. The committee may
decide to uphold the previous judgment, to reverse or alter
the previous judgment, or to return the case to the earlier
hearing authority. The ruling of the earlier authority will
be upheld unless convincing argument is presented to the
contrary.
Responsibilities of the Chair
1. The chair of the Judicial Committee shall preside at
all hearings. If the chair must be absent during part of a
hearing, he or she may designate another member of the
committee to act in the chair's place as deputy chair for
the period he or she is absent. If, in extraordinary
circumstances, an entire hearing must be conducted in the
absence of the chair, the committee shall elect a chair pro
tem from among its members by a majority vote, selecting a
person from the alternate panel to replace him or her as a
regular voting member so long as the chair shall be
absent.
2. The chair, as presiding officer, is responsible for
procedural correctness. The chair
a) makes an initial determination of any procedural
question which arises during the course of a hearing;
b) rules on the propriety of any questions asked by
members of the committee, persons charged, or persons
bringing charges.
3. The chair is responsible for maintaining conditions
which are consistent with the right to orderly conduct of
hearings as described in 4c, page 28. When persons attending
the hearings as observers engage in acts which violate this
right, the chair may, after due warning, require the
withdrawal of such persons from the hearing room. The chair
may also, after due warning, adjourn the hearing and
reconvene, barring all observers except members of the
press. The chair may also initiate, on consultation with the
committee, charges against observers who are disrupting the
hearing.
In cases where the violation of this right stems from
acts of persons charged or persons bringing the charges, the
committee shall normally adjourn the case and begin hearings
within 48 hours on the charge of violating the rights to an
orderly hearing. If such persons persist in their disruptive
actions, the committee may, after due warning in exceptional
instances, continue these proceedings in their absence.
a) Any decision of the chair may be challenged by a
member of the Judicial Committee. The committee will meet,
if necessary, in executive session to consider the decision
and vote on it. A majority of the committee is required to
reverse the chair's decision.
b) In hearing cases involving the violation of the right
to orderly hearings, the committee shall normally restrict
itself to hearing arguments concerning mitigating
circumstances involved in the alleged violation. The
committee shall then meet to discuss the case and to decide
upon appropriate penalties, if any, by majority vote.
Penalized individuals wishing to appeal such decisions must
address their appeals to the President of the
University.
4. The chair shall have no vote in decisions related to
the adjudication of charges or the conduct of hearings
except to resolve a tie.
Order of Proceedings in Cases of the
First Instance
1. The chair shall first call upon the persons bringing
charges or their representatives to outline the substantive
basis of the charges. They may introduce additional material
evidence at this time.
2. Members of the committee may then question persons
bringing charges.
3. The chair of the committee shall then call upon
persons charged to outline their case.
4. Members of the committee may then question the persons
charged.
5. Witnesses will then be called by the committee in an
order to be determined by the chair.
a) Witnesses normally will first be questioned by members
of the committee, then by the persons bringing charges, and,
finally, by the persons charged. Each group may, in the same
order, then requestion each witness and the members of the
committee may ask final questions of witnesses before they
are dismissed. (Since all witnesses are called by the
committee in order to facilitate its investigation and
adjudication of charges, there are no friendly or hostile
witnesses, and cross-examination, redirect examination, and
re-cross-examination procedures are not germane.)
b) Witnesses will normally not be present before giving
their testimony. After they have been questioned, they may
remain at an open hearing and may be called for further
questioning by the committee.
c) Persons charged and persons bringing charges will
always have an opportunity to speak in direct rebuttal of
evidence or the testimony of witnesses when it is their turn
to address themselves to the committee.
d) In asking questions of witnesses, persons bringing
charges and persons charged may address themselves to the
substantive basis and validity of testimony. The committee
will make every effort to protect each witness from undue
harassment during a hearing.
6. After all witnesses have been called, persons bringing
charges and persons charged may question the evidence and
documents and raise additional questions. These parties may
address their questions directly to one another, unless the
chair rules otherwise.
7. Members of the committee may at any time question the
persons bringing charges and the persons charged. The latter
may decline to answer without prejudice.
8. The chair shall then call upon the persons bringing
charges and the persons charged to summarize their positions
and to make concluding remarks.
9. At the completion of concluding remarks, the chair may
make summary remarks on behalf of the committee and shall
close the hearing. The committee shall then meet in
executive session in order to make its judgment and to
impose penalties, if any.
Order of Proceedings in Appeals
Cases
The order of proceedings in appeals cases is the same as
that in cases of the first instance, except that persons
making an appeal present their case first and
representatives of the body having made the original
decision second.
Procedural Requests
1. The parties to a case may request a ruling by the
chairman concerning procedural correctness at any time
during the hearing
2. The parties to a case may request that the committee
add witnesses to be called before it or that the committee
call witnesses in a specified order.
3. At any point during an open hearing, the persons
charged may request permission to close the hearing. The
committee will rule on any such requests.
4. Any member of the committee may request a recess of
the hearing so that the committee can meet in executive
session at any time during the hearing.
Evidence
1. Normally, evidence accepted by both parties at a
pre-hearing conference will be labeled before the hearing
opens.
2. Other evidence, not accepted by one party, may be
introduced and challenged during the hearing. After
arguments are given, the chair shall make a ruling on the
issue of its admissibility.
3. Photographic evidence introduced:
a) Persons who took photographs used as evidence are
subject to questioning by the committee and both parties to
a case as to the circumstances under which the photographs
were taken.
b) Witnesses who used photographs for purposes of
identification prior to the hearing are subject to
questioning as to how such photographs were used.
All documentary evidence will be retained in the
permanent records of the committee.
Reports
1. In accordance with Section 5.6.6 of the Charter of the
Council of the Princeton University Community, the Judicial
Committee shall submit a written report on the disposition
of each case.
2. This report shall include:
a) a chronology of the case from the receipt of charges
to final disposition;
b) a statement of actions taken by the committee
pertaining to the case;
c) a statement of the findings which were significant and
relevant to the disposition of the case and the selection of
any penalties; and
d) remarks on procedural questions raised during the
hearing.
Appeals from Decisions of the
Judicial Committee
In accordance with the Charter of the CPUC (5.6.5), the
President of the University may review decisions of the
Judicial Committee, and may reduce any penalties imposed but
may not increase them. It has been the policy of each
President during the time of the existence of the Council,
and it is correct in the view of the Committee on Rights and
Rules, to regard an appeal to the President chiefly as an
opportunity for an individual to seek clemency by explaining
special circumstances that might be taken into account with
respect to penalties imposed upon him or her. The purpose of
an appeal to the President is not to initiate a rehearing of
substantive issues of fact or a new determination of
innocence or guilt.
Appeals will not normally be considered unless lodged
with the President within one week after the Judicial
committee's decision, unless otherwise specified in the
decision.
As revised February 15, 1971; March 29, 1971; April 9,
1971; December 12, 1972; and March 27, 1973.
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