Student Judicial Affairs : General Information : Criminal Process vs. Student Judicial Process

General Information : Criminal Process vs. Student Judicial Process

Campus Judicial vs. Criminal Justice Processes

There are significant differences between the campus judicial and criminal justice procedures. The processes are NOT mutually exclusive. In other words, a student may be arrested and charged in the criminal justice system AND under the Code of Student Conduct.
Overall, the campus judicial process is much less formal than criminal proceedings. The Office of Student Judicial Affairs strives to provide an atmosphere that is both supportive and welcoming. Students will find, though, that more serious charges tend to be accompanied by more formal processes, in an effort to protect the students’ rights.
The decision process in campus judicial processes is that of a hearing, not a trial. Students, and their advisors, should expect a supportive and non-adversarial environment during the hearing process.
The campus judicial process is intended to be educational, not punitive. Our goal is to help the student to better understand the impact of his or her actions and to help him or her take steps towards repairing the harm done to the University community. Sanctions are not predetermined, but rather accommodating the individual circumstances of a given case.
Students do not have a right to attend to The Ohio State University, rather it is a privilege. As such, removal of a student from campus through a sanction of suspension or dismissal is a possibility in certain circumstances in which the student has endangered the University community or engaged in repeated violations of the Code of Student Conduct.
Charges occur for alleged violations of the Code of Student Conduct, which may or may not be violations of local, state or federal law.
Findings of in violation in the campus judicial process will not result in any criminal record. Additionally, findings of “guilty” or “not guilty” in the criminal system usually have no bearing on the outcome of campus judicial proceedings.
The standard of evidence in determining a student in violation is not as high as that of the criminal process. At Ohio State, we use a level of “preponderance of evidence”, as opposed to “beyond a reasonable doubt”.
Legal rules of evidence, i.e. whether something is “admissible”, do not apply in campus judicial cases. The hearing officers will gather and utilize any information that is relevant, including hearsay or third party testimony.
Campus judicial cases are confidential, in compliance with the Family Educational Rights and Privacy Act (FERPA), a federal law. Criminal records become public records, and information may be shared with the community at large.
While students are entitled to an advisor (friend, parent, attorney, any person of their choosing), that advisor may not represent that student. Students are expected to speak for themselves at all times during the process, and any advisors disregarding these rules will be asked to leave any meeting or hearing.