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Frequently Asked Questions

What is the function of the Office of Judicial Affairs?

The Office of Judicial Affairs administers the student judicial process for the University. Through this process, students are held accountable for adhering to established community standards including, but not limited to, the Fundamental Standard and the Honor Code. Judicial Affairs strives to adjudicate cases of alleged student misconduct in a fair, educational, reflective and timely manner. In addition, we work to create an educational framework through which many members of the Stanford community can participate in educational opportunities and discussions about the Honor Code and the Fundamental Standard, community values, responsibility and integrity.  

What can students do if they're considering filing a concern with the Office of Judicial Affairs?

Anyone may contact the Office of Judicial Affairs at 725-2485 to request a consultation about a possible concern. Talking with someone in Judicial Affairs does not obligate the person to file a concern; investigations do not begin unless and until an official written concern is filed.

Students who decide to proceed with the filing of a concern can follow the same instructions that are provided to faculty for reporting an Honor Code violation. The process is similar in a Fundamental Standard concern. Because many student-on-student Fundamental Standard situations are extremely sensitive, the Office of Judicial Affairs encourages a student who is considering filing a Fundamental Standard concern to meet with the Judicial Advisor and Judicial Officer to discuss the process.

Sometimes, when a student is reluctant to file a concern independently, a third-party (such as a Residence Dean) may file the concern jointly with the student or on the student's behalf. Special hearing accommodations are available in sensitive cases, such as Sexual Misconduct or other cases involving harassment or violence.

What does it mean to be contacted by Judicial Affairs for a meeting to discuss a possible violation?

It means that a concern has been reported to the Office of Judicial Affairs that a violation may have occurred. Judicial Affairs then contacts the student(s) named in the concern and may contact potential witnesses. Students first meet with the Judicial Advisor, who will explain the judicial process and students' rights and responsibilities within it. Students then meet with the Judicial Officer to answer questions about their knowledge of the concern.

Is the Judicial Affairs process confidential?

Yes. The Office of Judicial Affairs is committed to maintaining the confidentiality of all judicial processes. One of the rights of the responding student is "to be assured that their identity and the circumstances of allegations against them will be kept confidential, except in specific circumstances identified in the bylaws of the Board on Judicial Affairs" [II.A.4]. Likewise, the Office of Judicial Affairs has hearing accommodations available to protect the privacy of individuals who have brought forward a concern, to the greatest extent possible. Students with specific questions about the policies regarding confidentiality should talk with the Judicial Advisor.

Are students allowed to bring someone to their meetings with Judicial Affairs?

Yes. Responding students and reporting parties both have the right to have "a person of their choice accompany them throughout the investigative and adjudicative process" [II.A.7]. At a hearing, a student's personal adviser can provide advice and support to the student, but that person may not address the Panel or other participants.

Where are participants' rights located?

The Rights of the Responding Student are located in Section II.A of the Charter. The Rights of the Reporting Party are located in Section II.B of the Charter. The Rights of Witnesses are located in Section II.C of the Charter.

A statement on the Cooperation of All Parties is located in Section II.D of the Charter.

What's the difference between a concern and a charge?

A concern is what's filed with the Office of Judicial Affairs to begin an investigation. A charge may result from the concern if the Judicial Officer concludes that there is sufficient evidence to warrant sending the case to a Judicial Hearing Panel.

Is the Judicial Officer the prosecutor?

No. During the course of an investigation, the Judicial Officer "meets with all knowledgeable parties and gathers incriminating and exculpatory evidence" [III.E]. Once the official concern has been received, the Judicial Officer will conduct an interview with the responding student as part of the investigation. At the end of an investigation the Judicial Officer will determine if there is sufficient evidence to charge the case. If there is a charge, then it is the Judicial Officer's responsibility to "present all relevant evidence at the Judicial Panel hearing" [III.E.8]. Thus, the Judicial Officer wants to collect as much information as possible from the reporting party, the responding student, and any witnesses, and to ensure that all relevant information is provided to a Panel if a hearing occurs.

What if a student did not intend to violate the Honor Code or Fundamental Standard?

Even unintentional acts can constitute a violation. The Board on Judicial Affairs has spoken to this issue, and Panels have concluded that while a lack of intent may be a mitigating factor in sanctioning, a lack of intent does not mean that violation did not occur. In particular, Panels have concluded that academic carelessness, unfamiliarity with the rules, experience with different educational systems, claims of disability, and a lack of malice do not negate the existence of a violation.

Who decides if there's been an Honor Code or Fundamental Standard violation?

That decision always belongs to the Judicial Hearing Panel considering the case. Every Panel is composed of six members, four of whom are always students. At least five of the six panelists must believe, beyond a reasonable doubt, that a violation occurred in order to find a student responsible.

Who decides what kind of sanction there will be if a violation is found to have occurred?

The same Panel of six people that hears the facts of the case determines the appropriate sanctions. The Panel's sanction decision is reviewed by the Dean of Students; although the Dean may ask a Panel to reconsider a sanction decision, the Dean cannot overturn that decision.

How likely is it that a student found responsible of an Honor Code violation will be suspended?

Every Judicial Hearing Panel determining sanctions assesses the specific circumstances of each case. While the standard sanction for a first-time violation of the Honor Code is a one-quarter suspension and 40 hours of community service, Panels may choose lesser or more severe sanctions depending upon the circumstances of the case and any aggravating or mitigating factors. Quarterly and Annual hearing and caseload statistics are available on the Judicial Affairs webpage.

How likely is it that a student found responsible of a Fundamental Standard violation will be suspended?

Because Fundamental Standard violations are so different from one another, there is no standard sanction in a Fundamental Standard case, as there is in an Honor Code case. Instead, Panels look at the facts of the individual case and to precedent from similar cases to determine the appropriate sanction. Precedent for some common Fundamental Standard cases is available in the Guide to the Penalty Code and to Judicial Sanctions.

Can students choose their quarter of suspension?

No. The Panel determines the appropriate sanction and the timing of any suspension. Students who are found responsible do have an opportunity to talk with the Panel about the impact of potential sanctions, and the Judicial Advisor assists students with preparing and documenting a sanction statement for the Panel's consideration. This process helps the Panel make a fully informed decision about when to enact various sanctions.

Do students always receive a "No Pass" if they are found to have violated the Honor Code?

No. While a NP is the most commonly issued grade, the grading decision is completely within the faculty member's discretion.

Are these proceedings part of a student's transcript or permanent record?

The Office of Judicial Affairs maintains a confidential file on cases that are found by a Judicial Hearing Panel to constitute a violation. Limited information pertaining to a student's disciplinary record may need to be disclosed without the student's permission under specific circumstances. Otherwise, the contents of this file are disclosed only with the student's signed consent. Additionally, the Charter stipulates that responding students have the right "to be assured that no record of any violation or alleged violation will be placed on their transcript. Where the sanction of an Honor Code violation is modification of a grade, no reference will be made to the cause of the grade change" [II.A.19].

How are panelists chosen?

Student panelists are jointly appointed by the Undergraduate Senate and Graduate Student Council of the Associated Students of Stanford University (ASSU) through the ASSU's Nominations Commission (NomCom). Staff are appointed by the Provost, and faculty are appointed by the Faculty Senate. Panelists for individual hearings are scheduled based on their availability for that hearing date. Several bias check procedures are in place to ensure that "no Panel member is biased or has a conflict of interest in a case being considered" [III.C.1.e].

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