How Adelphi Works: Our Judicial System

by Max Heintz and Nick Morgan

The Judicial System at Adelphi is highly effective at dealing with ordinary day to day infractions of campus rules. The inequities encountered are quickly ironed out and both parties are usually satisfied, or are at least ensured of their safety.

According to Dean of Student Affairs Jeffrey Kessler, "The kind of system we operate here is for a large part educational." Adelphi's judicial system exists not so much to punish students but to modify their behavior, letting them learn from their experiences. The system does not necessarily deliver punishment for the same offense to the same people.

For example, if two students got in trouble for the same infraction punishments might vary their based on their previous offenses or personalities. Dean Kessler summed it up: "The sanction would be designed to educate the individual as well as change his behavior."

How does it work? First off, you need to report the complaint by filing a notice of complaint. In the notice of complaint a student writes down what is wrong, who is doing it, and how it is being done. Then, the complaint is investigated by various entities of the university (e.g. Residential Life, Public Safety), information is gathered, and a response to the notice of complaint is drafted. Lastly, the sanction or other action is carried out, usually by the Residential Life staff, RHD, RA, or other officials.

Most of the violations are of Residence Hall regulations such as being too loud or possession of alcohol. Therefore, most of the sanctions are carried out by Residential Life staff. Joe DeGearo, Dean of Residential and Judicial Programs states, "The Residential Life staff deals with the large number of the issues. They've trained to understand the reasons for the behavior, help the student understand the reasons for the behavior, and help craft a response...It is not a system where violation x incurs sanction y." DeGearo went on to explain why the policy regarding sanctions is such: "A lot of people think for something to be fair it has to be equal. It is more fair then being the same because, if you come up with the same sanction for both parties, some one would get the short end of the stick." This approach allows the university to be flexible when dealing with such situations and produce the most beneficial result.

For matters that go beyond Residence Hall violations such as violations of the code of conduct of criminal or civil law, it is reported to the Office of the Student Judicial Officer (SJO). SJO may dismiss the case or may convene a hearing board to deal with the problem. The board consists of 3-5 members of the Adelphi Community who hear the complaints and find for or against the charged party. Each party is represented by a Judicial Advocate, usually a member of the faculty, who advises the parties involved in the case. At its end, the board must meet with the SJO to agree on an appropriate sanction. The sanction issued by the board may be as severe as removing the student from his residence hall, suspension, or even expulsion. Also, the findings of the hearing board are final, unless they include these sanctions or are a clear affront to the student's due process rights. Otherwise, a written request must be filed to bring the matter to light again. All students are guaranteed such due process under Adelphi's rules and regulations.

A Special Issues Hearing Board handles such sensitive issues more as sexual misconduct. It is comprised of 3 faculty members who are selected based on their experience and specialized training. The Special Issues Board is run in a similar fashion to the University Hearing Board, with each party represented by a Judicial advocates and any resulting action being approved by the Student Judicial Officer.

The Department of Public Safety plays a significant role in investigating incidents on campus and in the immediate surrounding area. "If something is reported to us...we'd take it to the appropriate channels and pass it on (to Joe DeGearo, Student Judicial Officer)," stated Don Barto, Director of Public Safety & Campus Transportation. "We make no recommendations," added Gene Palma, the department's associate director. In an interview, both officials further clarified Public Safety's role on campus, which includes not only investigating crimes but also informing the Adelphi Community of threats to its well-being and providing tips that might protect students and faculty from potential harm.

In most instances, the cooperation of the Department of Public Safety, the Residential Life staff, and other judiciary mechanisms at Adelphi solves the issues presented to them. Under ideal circumstances, both parties in question are satisfied, and the argument is permanently settled.