East Carolina University
 


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Judicial Leadership

The Student Government Association appoints one Attorney General (AG) and one Advocate for Accused Students (Advocate) to serve as Lead AG and Advocate. Additional AGs and Advocates may be appointed as needed.  The Lead AG and Advocate must be enrolled, hold office hours and respond to complaints during both summer sessions.  All AGs and Advocates must be enrolled, hold offices hours and respond to complaints during the fall and spring semesters. They work in conjunction with the OSCR administrators, but remain autonomous in rendering decisions.
 
Attorney General
           
The Attorney General (AG) assigned to a complaint may resolve it with the accused student or refer it to a judicial hearing panel. If the complaint is referred, the AG will present the University’s position at the hearing.
 
In addition, the Lead AG has primary responsibility for complaint management and the selection and training of the Judicial Board members. The Lead AG attends SGA Senate meetings and rules on SGA constitutional issues at the request of any constituent.
 
The attorney general works in conjunction with the associate vice chancellor for student success on matters relating to the judicial system. He or she is to be completely free and objective in rendering decisions and services with regard to the administration, faculty, and students. Those who seek this position are screened by the Selection Committee composed of administration, faculty, and student representatives. The Selection Committee then forwards recommendations to the SGA president for approval. If approved by the SGA president, the prospective Attorney General must interview with the Rules and Judiciary Committee and gain approval prior to confirmation of the legislature.
 
The duties of the Attorney General include the following:
 
A.        Involvement with the violations of the Code of Conduct and the Honor Code
B.         Coordination of the judicial system
C.        Safeguard of the procedural and substantive due process
D.        Rule on constitutional questions
E.         When formal charges are filed, only the Attorney General has the authority to dismiss them
F.         When a judicial board is schedule to meet and several members will be absent, the
Attorney General has the authority to appoint up to three members from another judicial board
G.        As presider at the preliminary conference:
 
1. States his or her name and duties
2. States the charges against the accused student
3. Notifies the accused student of the date, time, and location of the hearing
H.        Performance at the hearing:
 
            1. Reads to the board, the charges against the accused student
            2. Presents to the board, all relevant facts concerning the case
3. Recommends to the chair that a particular case be tabled due to absence of a witness or any other unusual circumstances. The chair may agree to table the case or may poll the board for a majority opinion.
 
Advocates for Accused Students
           
The Advocate for Accused Students (Advocate) assigned to a complaint will advise any student accused of a Student Code of Conduct violation to assure that the accused student understands the judicial process and receives the rights proscribed by the University and by federal/state law. The Advocate will ensure that the accused student has a fair opportunity to fully present her/his perspective at any hearing before a judicial hearing panel.
 
An Advocate may advise students who face disciplinary action for allegedly providing false information on application materials. 
 
An Advocate will review and vote on petitions for reconsideration by students who are removed from Campus Living under the Zero Tolerance policy.
 
The membership of the Joint Judicial Board shall be as follows:
A.        The attorney general, ex-officio, as chair;
B.         Two student members appointed by the president of the Student Government Association
C.        One student member of the Residence Hall Association appointed by president of said body
D.        Two faculty members appointed by the vice chancellor for student life
E.         Two student legislators appointed by the speaker
F.         The public defender, ex-officio
G.        Associate vice chancellor for student success, ex-officio
H.        Director of University Housing Services, ex-officio
I.          Judicial coordinator: associate vice chancellor for student success/director of student judicial affairs, ex-officio
J.          Associate director of University Housing Services, ex-officio