C. Judicial Hearings for Behavioral Misconduct
1. Membership
The North Idaho College Judicial Board (hereafter referred to as NICJB or the Board)
will be
composed of five members. Minimally, the Board will have one member who will serve from the
Staff Association, one from the Faculty Association, and one from the Student Association. The
other two members may represent any of the aforementioned Associations. In cases where
there is academic misconduct (Article II) at least two members must be from the Faculty
Association. Students are eligible to serve on the Board if they are in good academic and
disciplinary standing and appointed by ASNIC. Staff and Faculty members will be appointed by
their respective Assemblies. The NICJB shall select its chair and the chair will normally serve as
the hearing officer, however the NICJB may also elect to use a qualified third party to conduct
the hearing. In the case of a third party hearing officer, only the five members of the NICJB may
vote on the guilt or innocence of the accused. Students who are charged with violations of the
Code, which, if proven, could result in suspension or expulsion from the college will be afforded
the opportunity for a hearing.
2. Notification and Timing of Hearing
Board members and the student alleged of misconduct will receive official notification to
appear for a hearing from the Vice President for Student Services. The notification will include
the date and time of the hearing. The disciplinary hearing shall occur not less than five (5)
working days or more than fifteen (15) working days from the date the student submits the
request for a Judicial Hearing. Under exceptional circumstances, the college may delay the
hearing with written notification provided to the student as to the reasons why. This action is
only taken when necessary to provide due process to the student.
3. Waiver of Right to Hearing
A disciplinary hearing may be waived and disposition of disciplinary action including the
sanction can be imposed by an agreed settlement, in writing, between the student charged
with code violations and the Vice President for Student Services or the Vice President’s
designee. The sanctions imposed in the agreed settlement will be effective upon signature of
the accused student(s) and the VPSS or designee and does not depend upon the approval of
the Judicial Board, but shall have full force and effect as if the sanctions had been imposed
by the NICJB.
4. Privacy of Hearing
Hearings shall be conducted in private unless the student charged with the violation states on the
record that he or she wishes the disciplinary hearing to be public. The student charged with the
violation can request the chair of the NICJB to order that the disciplinary hearing be open only to
specified members of the public. The decision on whether to open a hearing is at the discretion of
NICJB chair. The only persons permitted to attend the “private” hearing will normally be the
members of the NICJB, the Vice President for Student Services and/or the Vice President’s
designee, the college counsel or the college counsel’s designee, the party bringing the charges
against the student, the accused student, the accused student’s attorney or advisor, and witnesses.
Although the student charged with a violation has the right to request a public hearing, the
chairperson of the NICJB has the discretion to refuse. Any party can request that witnesses be
removed from the hearing when they are not giving testimony. In hearings involving more than one
accused student, the chairperson of the NICJB has the discretion to permit the hearings concerning
each student to be conducted separately.
5. Right to Representation
The college may be represented during the hearing by any advisor or attorney it chooses.
Likewise, the student charged with the violation has the right to be assisted by any advisor or
attorney he or she chooses at his or her own expense. Advisors or attorneys will not be
permitted to speak or participate directly in the hearing. A student must notify NIC at least
three (3) working days prior to the hearing of their intent to bring legal counsel. Likewise, NIC
22
