Judicial Board

The Judicial Board acts to resolve conflicts, complaints, and grievances subject to its jurisdiction and arising within the University community, to hear appeals from other bodies where appropriate Rules and Regulations so provide, and to recommend solutions. Below is a summary of the Initial Hearing and Appeal processes, composition and appointment of the Hearing Board and Hearing Board panels, Governance Office responsibilities, and Hearing Board procedures. View the full policies at the following links.

View the Policy Details of CODE Article 12

View the Policy Details of USRR 6.3-8

Appeals

This section applies to any case in which an Appeals Panel of the Judicial Board reviews the decision of a unit level proceeding, Judicial Board hearing panel, or specialized tribunal.

Guidelines for Appeal

  1. Within 30 days following the rendering of a decision by any tribunal subject to review by an appeals panel of the Judicial Board, a dissatisfied party (the appellant) may file a written appeal with the Chair of the Judicial Board. The complaint must be received in the Governance office (33 Strong Hall). You may also email your request to sscales@ku.edu.
    1. The appeal shall indicate the specific errors attributed to the hearing body and the grounds for appeal under USRR 6.7.3. At the time of filing, the appellant shall provide the other party or parties with a copy of the appeal. The Judicial Board Chair shall verify that the other party or parties have received a copy of the appeal.
  2. The other party or parties in a case that has been appealed (the appellee(s)) under this provision may file a written response to the appeal within 14 days of receiving the appeal. The appellee shall provide a copy of the response to the appellant and to any other parties to the appeal. The Judicial Board Chair shall verify that the appellant has received a copy of the response.
  3. Upon receipt of an appeal from a hearing panel decision, the Judicial Board Chair shall determine whether there is a basis for dismissal of the appeal under USRR 6.5.3.1.

Procedures for Appeal

  1. The Judicial Board Chair shall promptly designate a hearing panel. Each side can, within 5 days of being notified of the membership of the panel, challenge any member who has a conflict of interest or has been previously involved in the matter.
  2. The chair of the hearing panel shall schedule a hearing as soon as possible after receiving the record of the case. Every effort must be made to schedule the hearing during regular working hours at a convenient time for the parties and the members of the hearing panel.
  3. Each party to the appeal shall have an equal opportunity to present arguments to the appeals panel. The appellant shall present arguments first, followed by the appellee(s). The chair of the appeals panel shall determine the length of presentation of the parties, and the opportunity for rebuttal, if any. The hearing on appeal is not an evidentiary hearing, and neither party shall be entitled to submit evidence.
  4. The hearing panel shall complete its hearing and prepare a recommendation within 30 days from the date on which the matter has been assigned to the panel. The hearing panel shall prepare a written decision that includes the panel's recommendation and a non-technical statement of the factual and legal basis for the decision. The chair of the hearing panel shall submit the written decision to the Judicial Board Chair, who shall provide copies to the parties and to such administrative or supervisory personnel as are appropriate in light of the hearing panel's recommendation.

Initial Hearing

This section applies to any case in which the Judicial Board holds an initial hearing. See USRR 6.4 to see which situations fall under the jurisdiction of the Judicial Board.

Guidelines for Initial Complaint

  1. You have 6 calendar months after an action or event to file a complaint. The period from May 15 to August 15 shall be counted for purposes of determining whether a complaint has been filed within the 6-month limit. The complaint must be received in the Governance office (33 Strong Hall). You may also email your request to sscales@ku.edu.

    1. The complaint must contain a statement of the facts underlying the complaint and specify the provision(s) of the appropriate policy or other applicable rule, regulation, or law allegedly violated. The complaint must also indicate the witnesses or other evidence relied on by the complaining party, and include copies of any relevant documents.

    2. The complaining party must provide a copy of the complaint to the respondent(s); i.e., the party or parties charged in the complaint. The chair of the hearing body shall contact the respondent(s) to verify that a copy has been provided.

  2. A respondent must submit a written response to the hearing body within 2 weeks of receiving the complaint. The response must contain the respondent's statement of the facts underlying the dispute, as well as any other defenses to the allegations in the complaint. The response must also indicate the witnesses or other evidence relied on by the respondent, and include copies of any relevant documents.
    1. The respondent must provide a copy of the response to the complaining party. Upon receipt of the response, the chair of the hearing body shall contact the complaining party to verify that a copy of the response has been provided.
  3. The Judicial Board Chair receives the complaint and, based on USRR 6.4, determines whether the matter falls under the jurisdiction of the Judicial Board. The Judicial Board Chair or any Judicial Board panel adjudicating a grievance or appeal may dismiss involuntarily or by summary judgment, without a hearing and upon the pleadings alone, any grievance or appeal on the grounds of USRR 6.5.3.1.

Procedures for Initial Hearing

  1. The Judicial Board Chair shall promptly designate a hearing panel. Each side can, within 5 days of being notified of the membership of the panel, challenge any member who has a conflict of interest or has been previously involved in the matter.
  2. The chair of the hearing panel shall schedule a hearing as soon as possible after receiving the record of the case. Every effort must be made to schedule the hearing during regular working hours at a convenient time for the parties and the members of the hearing panel.
  3. Each party shall have an equal opportunity to present evidence and arguments. The complaining party shall present evidence or arguments first, followed by the responding party. The chair of the hearing panel has discretion to place reasonable time limits on each party's presentation of evidence and arguments. The availability and scope of any rebuttal is within the discretion of the chair of the hearing panel.
  4. Each party shall have the right to introduce witnesses and documentary evidence but reasonable advance notice of such introduction must be given to the other party and to the hearing panel. Strict rules of evidence do not apply, but the chair of the hearing panel may exclude evidence as irrelevant, unnecessary, or unduly prejudicial. Statements or admissions made as part of the mediation process are not admissible.
  5. All Judicial Board hearings shall be audio-recorded. All such recordings shall constitute part of the record of the hearing and shall be under the custody and control of the chair of the hearing panel until transmitted along with the record to the Judicial Board Chair.
    1. Except when all parties agree that the hearing shall be public, all proceedings provided for in the Article shall be closed to all but the parties involved.
  6. The hearing panel shall complete its hearing and prepare a recommendation within 30 days from the date on which the matter has been assigned to the panel. The hearing panel shall prepare a written decision that includes the panel's recommendation and a non-technical statement of the factual and legal basis for the decision. The chair of the hearing panel shall submit the written decision to the Judicial Board Chair, who shall provide copies to the parties and to such administrative or supervisory personnel as are appropriate in light of the hearing panel's recommendation.

Questions?

If you have any questions, please contact the Office of University Governance.
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