College Response to the Conclusion of the Student Judicial Process in the Jan. 20 Bryan Hall Matter

 

Guilford College has concluded the student judicial process involving five students who were charged with violations of the Student Code of Conduct in relation to an incident in the Bryan Hall courtyard on Jan. 20, 2007.

The college will not comment on the student judicial proceedings or any sanctions that may have been imposed. This is not only Guilford policy but also federal law pursuant to the Family Education Rights and Privacy Act of 1974 (FERPA).

The students received a hearing in front of a Judicial Board consisting of five students and two faculty members who were chosen from pools of students and faculty members and trained to carry out their responsibilities. The hearing included two phases, responsibility and sanction.

The Judicial Board, by consensus, rendered a decision based on the “preponderance of the evidence” rather than “beyond a reasonable doubt,” as is the standard in the public criminal justice system. Students could be found “responsible,” in which case sanctions would be imposed, or “not responsible,” in which case sanctions would not be imposed. Sanctions may be based not only on a finding of responsibility in the charge before the Board but also on prior disciplinary matters and evidence regarding character.

A faculty member moderated the hearing. The students had faculty advocates and were allowed to present witnesses and submit evidence in their defense. Both the college and the students had the right to review all evidence and testimony that might affect the decision of the board. Likewise, both the college and the students had the right to refute evidence, to introduce evidence and to summon witnesses on their behalf. Dean for Campus Life Aaron Fetrow was not present during the hearing.

The Judicial Board remained in session for 10 hours Saturday, 12 hours Sunday, 6 hours Monday, and reached a decision regarding responsibility on Tuesday after 5 more hours of deliberation. The hearing for sanctions concluded on Wednesday after 4 more hours of deliberation by the Board.

A student may file an appeal within two working days only in the occurrence of a substantial procedural irregularity, substantial new evidence, or a sanction grossly out of line with recommended sanctions for the violation in question. The appeal is heard by a new seven member Judicial Board.

In response to the Jan. 20 incident, groups and individuals at Guilford have met on numerous occasions to discuss ways to build a stronger community, while addressing issues of intolerance, violence, and substance abuse, whether related or unrelated to this particular incident. Two community-wide forums in the Quaker tradition were held Jan. 24 and Feb. 11 and a teach-in began with programs on Feb. 18. More programs are planned.

March 1, 2007