1.1

 Statement of Purpose & Scope; Creation of Disciplinary Committee

(a)     Although the Law School administration retains the right to deal with any violations of Law School and University procedures and policies by normal administrative mechanisms, the importance of assuring that no discrimination occurs at the Law School, including but not limited to harassment, justifies a separate procedure for members of the administration who are the victims of such misconduct, which procedure will also ensure fairness to any administrator or staff member who is accused of such misconduct.

(b)     Complaints of discrimination against members of the Seton Hall Law School community who are not administrators or staff members shall be within the jurisdiction of the Honor Council (if the respondent is a student) or the Probation & Grievance Committee (if the respondent is a full-time or adjunct faculty member).

(c)     Complaints against the Dean or Associate Dean, even when the complaints challenge conduct within their administrative responsibilities, shall be within the jurisdiction of the Probation & Grievance Committee.

(d)     For purposes of this policy, "discrimination" shall include treating any individual differently than any other individual on the basis of his or her age, race, color, ethnicity, gender, national origin, religion, creed, disability, or sexual orientation, and shall include harassment on any of these bases. 

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1.2

Creation of Disciplinary Committee

(a)     The Dean shall name each year a Disciplinary Committee that shall consist of one tenured faculty member, one administrator, and one staff member.

(b)     In the event a member is unable to serve for any particular case, the Dean shall appoint a replacement for that matter. 

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2.1

Complaints

(a)     Any individual seeking to pursue this procedure shall file a complaint with the Disciplinary Committee.

(b)     The complaint shall:
1. be in writing; 
2. signed by the complainant;
3. state as fully as possible the facts and the nature of the evidence on which the complaint is based;
4. state the relief requested.

(c)     The complaint shall be filed within 60 days after the occurrence of the last event giving rise to the complaint. If the complaint is filed beyond this time period, the complainant must allege facts demonstrating that it was impossible to do so earlier or that extraordinary circumstances prevented the complainant from acting sooner. 

(d)     Any member of the Seton Hall Law School community -- student, faculty member, administrator or staff member -- may file a complaint.

Simultaneously with the filing of the complaint, the complainant shall send a signed copy of the complaint to all persons against whom relief is sought. If relief is sought against the institution, a copy of the complaint shall be sent to the Associate Dean.

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2.2

Answer

Upon receipt of the complaint, the Disciplinary Committee shall provide a copy to the respondent, who shall have 15 days in which to respond to the allegations in the complaint. In cases of hardship, the time to answer may be extended an additional 10 days. The response shall be in writing, and filed with the Disciplinary Committee, which will provide a copy to the complainant.

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2.3

Actions Upon Receipt of the Complaint

(a)     Initial Review of Complaint. The Disciplinary Committee shall initially review all complaints. If it determines that a complaint is not within this procedure or on its face is insubstantial, it shall dismiss the complaint and so inform the complainant in writing. 

(b)     Investigation. If the Disciplinary Committee determines that the complaint is within this procedure, and not on its face insubstantial, it shall investigate the matter to determine if grounds exist to convene a hearing or if the matter can be resolved without hearing.

(c)     Upon conclusion of the preliminary investigation, the Disciplinary Committee may:
1. dismiss the matter; 
2. conduct a formal hearing;
3. decide the merits of the dispute based on the papers submitted;
4. informally meet with the parties to resolve or decide the matter.

(d)     The Disciplinary Committee shall notify all parties in writing of each decision.

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3.1

Conduct of Formal Hearings

(a)     If the Disciplinary Committee determines that there are material factual issues in dispute that cannot be adequately resolved without a formal hearing, it shall hold a formal hearing.

(b)     In all cases in which the Disciplinary Committee conducts a formal hearing, it shall give all parties 10 days written notice of the scheduled hearing.

(c)     All parties shall exchange and file with the Disciplinary Committee at least five (5) days before the hearing, all documentary evidence and the names of their witnesses.

(d)     Upon written notice to all parties, and with due regard to the rights of the parties, the Disciplinary Committee may invite or permit other interested persons to be present or to participate in the hearing.

(e)     The Disciplinary Committee may upon its own motion record the hearing.

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3.2

Rights and Duties of the Complaint and Respondent At Formal Hearing

The complainant and respondent shall have the following rights and duties:

(a)     The right to represent themselves or to select a representative from among the law school faculty or student body or to select other legal counsel;

(b)     The right to present witnesses and evidence;

(c)    The right of cross-examination;

(d)    The right to have a court reporter at their own expense. If a transcript is made, copy of such transcript must be furnished to the Disciplinary Committee without any cost to the Law School. 

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4.1

Decisions

(a)     A complaint shall be dismissed unless the Disciplinary Committee finds that it is sustained and supported by clear and convincing evidence.

(b)     If the Disciplinary Committee finds that the complaint is sustained by clear and convincing evidence, it shall issue a decision that may award such relief as is authorized by and consistent with the rules and regulations of the Law School.

(c)     In all cases the Disciplinary Committee shall render a written decision and serve copies on all parties in interest. 

(d)     Unless an appeal is taken pursuant to Rule 4.2, the Disciplinary Committee decision becomes final 15 days after service and filing.

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4.2

Appeal to the Dean

(a)     Any party in interest has the right to appeal a final decision to the Dean. 

(b)     Any such appeal shall be initiated by filing with the Dean a Notice of Appeal setting forth the grounds for the appeal within 20 days of the service of the final decision.

(c)     Upon receiving a Notice of Appeal pursuant to section 4.2 (b), the Dean shall accord each interested party the right to make written submissions, and provide an appropriate time in which to do so. 

(d)     Upon receipt of all timely submissions, the Dean may decide the matter with or without further hearing and may affirm, reverse, or modify the decision or remand the matter with instructions for further proceedings.