Student-Wide Judiciary

Document Quick Links:

• Introduction to Student-Wide Judiciary
• Jurisdiction
• Procedure
• Sanctions
• Right to counsel
• Appeals
• Victim's rights
• Alternative resolutions
• Contacts

The Student-Wide Judiciary (SWJ) is the judicial extension of the University at Buffalo student governments. It was created in 1973 through the joint efforts of the administration and student governments of the University to implement a system of discipline that is based on "fair play" and timely adjudication. Every case is reviewed by at least one student justice. The full court is comprised of 21 justices plus alternates. They are selected based on their interpersonal skills and impartiality. The justices represent both evening and daytime divisions of the undergraduate schools and the various graduate and professional schools.

Charges of violating University Rules and Regulations may be brought by anyone. The individual/party charged must be a student(s). Complaints are filed with the Court Representative's Office, located in 252 Capen Hall. The office is composed of law students employed by the Division of Student Affairs. Student prosecutors investigate alleged violations and determine the potential validity of charges made against a student. Throughout the SWJ proceedings they serve as the "voice" of the University.

Judicial Affairs is part of the Division of Student Affairs. Elizabeth Lidano is the Director of Judicial Affairs and administrative advisor for the Student-Wide Judiciary. She supervises the assignment of sanctioned community service hours handed down by this court, Community Standards Panel (CSP) and, on occasion, civil courts. CSP, the residence hall judicial board, has specific jurisdiction only over violations of the University Residence Hall Rules and Regulations.

Jurisdiction
The Student-Wide Judiciary may have jurisdiction over numerous University related issues including:

• All violations of regulations of the University, not specifically excluded by other statutory regulations.
• All election disputes arising from student elections of member constituencies
• All disputes arising between student governments
• Matters concerning the constitutionality of the acts of student governments
• Mediate/arbitrate disputes between students

1. Defendant(s) are notified to appear at the Office of Judicial Affairs through:
   1. appearance referral issued by University Police or
   2. subpoena by the SWJ
2. Defendant notified of right to an advisor and opportunity to reach a plea agreement with university advisors.
3. Arraignment--defendant must plead one of the following:
   1. responsible--upon which sanctions are assigned
   2. not responsible--upon which a hearing date is scheduled
   3. no contest--allows defendant to accept plea agreement without having to admit to a violation of University Rules (Generally only used when a defendant has charges pending in another court.)

• Warnings
• Restitution
• Loss of privileges consistent with the committed offense
• Community service hours designed to provide both restitution and rehabilitation
• Disciplinary probation
• Recommend suspension/expulsion from the University
• Placement of a "D" (Disciplinary) checkstop on the offender's registration record
• Other sanctions as may be deemed appropriate by the SWJ

The office of Judicial Affairs will provide an advisor upon request. Advisors are law students trained in dispute resolution and familiar with the procedures of the SWJ. Group Legal Services (GLS) also provides law student advisors. In addition, GLS provides free legal services to all university students. GLS is located in 377 Student Union. For more information call 645-3056.

Appeals
All decisions of the SWJ are subject to appeal if a request is filed within 10 school days of the judgement. The appeals panel is empowered to affirm, reverse, or order a retrial with modifications all decisions which come before it. The Supreme Student Court is the final level of appeal. Only the decisions of that body may be cited as precedent. The Supreme Student Court has original jurisdiction over disputes between student governments, as well as all constitutional and jurisdictional challenges.

Victims' Rights
The following are the minimum procedural guidelines to ensure that the rights of alleged victims appearing or testifying before the court are upheld.

• The right of a victim to have a person or persons of his or her choice accompany him or her throughout the disciplinary hearing.
• The right to remain present during the entire proceeding.
• The right, as established in state criminal codes, not to have his or her irrelevant past sexual history discussed during the hearing.
• The right to make a "victim impact statement" and to suggest an appropriate penalty if the accused is found in violation of the code.
• The right to be informed immediately of the outcome of the hearing.

Questions?
If you have any questions or concerns, contact the Office of Judicial Affairs at 645-6154 in 252 Capen Hall. For a complete copy of the Student-Wide Judiciary Rules of Procedure and the University Rules and Regulations, please stop by the office.

Phone Numbers

Office of Judicial Affairs		645-6154
University Advisors Office		645-6050
Group Legal Services		645-3056
University Police		645-2222		829-2222
Counseling Center		645-2720
Rape and Sexual Assault:
Anti-Rape Task Force		829-2584
Crisis Services		834-3131
Sexuality Education Center		829-2584
Equity, Diversity and Affirmative Action		645-2266

Related Sites

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