1. What kinds of cases does the Judicial Council hear?
  2. Is JBoard part of ASPC?
    • Nope!
  3. How do cases come to the Judicial Council?
    • Cases involving alleged violations of the Student Handbook and/or the Student Code of Conduct come to the Judicial Council through Student Affairs. If there is reason to believe the Student Code and/or Student Handbook has been violated, an Investigating Dean from Student Affairs will conduct an investigation and deliver a Statement of Alleged Policy Violation (SAPV) to the person or organization that is alleged to have violated the Code. See generally Student Code art. IV, available at  http://catalog.pomona.edu/content.php?catoid=35&navoid=7071. The person(s) or group named in the SAPV is/are referred to as the “respondent(s).” Student Code art. I, ¶ 23, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7068. See also our process of a case diagrams.
  4. What are my rights as a student (a respondent) involved in a Judicial Council process?
    • Respondent rights are listed in the Student Code, art. IV, para. 5, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7071. Specifically, respondents have the right:
      1. to be informed of their rights as respondents;
      2. to be informed that they have the option of having a current member of the Claremont College community present as an advisor; 

An advisor can be any student, faculty, or staff member at the Colleges or Consortium who is not a witness in the case, a voting panelist in the case, a Judicial Council chair, or an attorney (except when given written permission by the Dean of Students). Respondents are limited to a single advisor. For more information on advisors, see generally Student Code art. II, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7069#Advisors.

3. to be informed that having an advisor is strongly encouraged;

4. to be informed that respondents’ rights are outlined in the Student Code;

5. to be instructed on how to access the Student Code online (http://catalog.pomona.edu/content.php?catoid=35&navoid=7089); and

6 to be informed that respondents are not obliged to affirmatively sign a Statement of Alleged Policy Violation (aka SAPV), but instead can ask for a full Judicial Council hearing.

  1. What is the procedure for a Full Judicial Council hearing?
  2. What is the procedure for a Penalty Board hearing?
  3. Who is going to be at my hearing?
    • The hearing includes at least a Chair presiding over the hearing, panelists, a staff member from Student Affairs, the investigating dean, and advisors to the Judicial Council. See Student Code art. V, § C, ¶ 4, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7072#Hearing_Procedures. The respondent is generally present, however the Student Code authorizes a hearing in the respondent’s absence if the respondent “has been appropriately notified and fails to appear at the time and place set for the hearing . . . .” Student Code art. V, § C, ¶ 11. Additionally, complainants, victims, and advisors may be present. Student Code art. V, § C, ¶ 4. The Chair may also authorize others to be present at the hearing (Student Code art. V, § C, ¶ 5) and witnesses may be presented at the request of the complainant, the respondent, the victim, the investigating dean, and the chair (Student Code art. V, § C, ¶ 14).
  4. What should I do to prepare for my hearing?
    • You can prepare an opening statement if you choose, but it is not required. It may also be helpful to review the Student Code and the Statement of Alleged Policy Violation (SAPV). You can also consider if you would like witnesses to be present at the hearing. See Student Code art. V, § C, ¶¶ 13-14, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7072#Hearing_Procedures. You may also bring evidence, such as written statements, subject to standards of relevance. See Student Code art. V, § C, ¶ 18).
  5. Can I appeal the decision made by the panel?
    • Decisions by both a Penalty Board and a Full Judicial Board can be appealed. See generally Student Code art. VII, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7074. The appeals process is initiated by the respondent, and the appeal must be submitted within 10 school days of the decision. You can appeal a decision on either of the following grounds:
      1. Improper judicial procedure; or
      2. New evidence that was genuinely unavailable during the first hearing or evidence that could have possibly changed the outcome of the decision.
    • For more information, see Student Code art. VII, § B.
  6. Do the outcomes of hearings appear on my permanent record? What goes on my record? Who gets to see my record?
    • The College maintains a litany of records associated with students, from grades, to financial information, to disciplinary records. See generally Student Records Privacy, Pomona College Office of the Registrar, available at https://www.pomona.edu/administration/registrar/student-records-privacy. No information relating to Judicial Council proceedings is ever displayed on your official transcript. If you are subject to a Dean’s Sanctions or if you are sanctioned by a Judicial Council proceeding, then information about that sanction is added to your disciplinary record, which is kept in the Office of the Dean of Students. See Disciplinary Policies and Procedures, Policy on Disciplinary Records, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7088#Policy_on_Disciplinary_Records. Some post-graduate opportunities will contact the Office of the Dean of Students to see if a student has a conduct record. Disciplinary actions concerning fines or points are not reported as part of the official disciplinary record, and sanctions that come from the Office of Housing and Residence Life will only appear on a disciplinary record if it results in a change in the status of the student (e.g., suspension from the residence halls). Students have the right to look at their student record. See Student Records Privacy, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7087#Student_Records_Policy.
  7. Do I have to answer all of the questions that I am asked during a hearing?
    • No.
  8. How are hearings scheduled?
    • The Judicial Council chair who will be serving on the particular hearing emails all required participants to schedule a time for the hearing. The chair is given access to the respondent’s class schedule in order to avoid academic conflicts.
  9. What is the best way to tell the panel that I disagree with the description of events on the SAPV?
    • The respondent is given an opportunity to make an opening statement in hearings. The opening statement is made after the chair reads the SAPV aloud, so addressing any perceived discrepancies in the description of events stated in the SAPV is best done in the opening statement.
  10. Can I challenge/change the panelists who are sitting on my panel?
  11. Can I bring witnesses to my hearing?
  12. What standard does the Judicial Council use to determine responsibility in a case?
    • Generally, respondents appearing before a Judicial Council Board are “entitled to a presumption of innocence and evidence supporting a violation must be clear and convincing.” Student Code art. V, § C, ¶ 24, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7072#Hearing_Procedures; accord Student Code art. V, § C, ¶ 1 (requiring the presiding officer of a hearing to discuss the standard of evidence). The only exception is in point assignments. If a student appeals an assignment of points to the Judicial Council, the evidentiary standard is a “preponderance of evidence” standard rather than a “clear and convincing” one. See Life on Campus & in the Residence Halls, Sanctions (Points and Fines), available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7084#sanctions-points-and-fines-.
  13. How do I know what I am being charged with?
    • If the College believes you have violated the Student Code or other policy that the Judicial Council has jurisdiction over, it will provide you with a Statement of Alleged Policy Violation (SAPV). See Student code art. IV, ¶ 4, available at http://catalog.pomona.edu/content.php?catoid=35&navoid=7071.
  14. What if I know that I did something wrong?
  15. What if I decide not to respond to the Investigating Dean’s inquiries, or fail to meet with them in person?
    • Respondents are recommended to respond to all correspondence with the Investigating Dean and the College. If you fail to respond within five school days, and/or are unwilling to meet with the Dean to review the charges, the Statement of Alleged Policy Violation (SAPV) will be delivered to your residence hall room and the College may charge you with a violation of Article III, Section 16 (abuse of the judicial system- failure to obey the summons of a judicial body or college official) in addition to pre-existing charges. If you are unwilling to meet with the Investigating Dean, or decline to sign the SAPV, the College shall assume that you do not agree with the charges and a full judicial hearing shall be held. See Student Code Article IV, Paragraph 6, available at http://catalog.pomona.edu/content.php?catoid=29&navoid=5813.
  16. My question wasn't answered in this FAQ.