2005-2006 MSA Student Court Frequently Asked Questions
The questions that follow have been divided into three sections. The first contains questions relating to the judicial branch as an organization of MSA. Information in this section includes a basic overview of the branch. The second section contains information for students who have to go before one of our courts for a meeting as a result of a violation of the Student Conduct Code. The third section is concerned with questions about MSA cases. If you have a specific question and it is not addressed here, please feel free to email the Chief Justice at ttsm89@mizzou.edu.
Judicial Branch Questions
1.What does the Judicial branch do?
2.What are the various courts and what do they do?
3.How many cases are heard?
4.What are the positions in the Judicial branch?
5.How can I get involved?
Violation-Case Questions
6.What kinds of things can get me in trouble with the Judicial branch?
7.I have to go before City/Boone County court. Why do I also have to go before MSA for something that is illegal.
8.I got a letter in the mail. What does this mean?
9.I don’t understand the letter or why I would have gotten this. Do I still have to set up a meeting?
10.Who will hear my case?
11.What will happen at the meeting?
12.What kinds of punishments can be given?
13.This sounds serious. Should I bring a lawyer?
14. Can I appeal?
15.Should I dress up?
16.My letter was sent to my home address and it’s past the 5 days! What should I do?
17.I have a hold on my account and can’t register! Why and what can I do about it?
MSA-Case Questions
18. What exactly is the Judicial branch’s duties and authority?
19. What kinds of cases can be heard?
20. How do I bring a case before the Student Court?
21. What is the hearing process?
22. I just received a court order or I am supposed to appear before the Student Court for an MSA related matter. What do I do?
1. What does the Judicial Branch do?
The branch serves two primary purposes. The first purpose is the traditional role of a judiciary, which is to handle internal disputes and review the constitutionality and/or legality of governmental by-laws and officer’s actions. Our second purpose, is to assist the University administration with the adjudicating of disciplinary matters involving students. Specifically, the Department of Student Life Office of Judicial Services (headed by Donell Young), which handles all disciplinary actions involving students, can request that the MSA judicial branch provide assistance. It is in this capacity that our branch holds meetings with students accused of things like cheating, forging parking passes, DWI, and other prohibited/illegal activities. These matters are taken up by the courts of the Judicial branch.
2. What are the various courts and what do they do?
At present, the Judicial branch is composed of three courts. The nine justices of the Student Court, which is the highest court in terms of authority, hears Department of Student Life cases like MIP’s and DWI’s, as well as cases originating from MSA such as election irregularities. The Academic Integrity Judicial Board (AIJB) handles cases involving cheating, plagiarism, sabotage, and other academic misbehavior. The Parking and Transportation Review Panel (PTRP) deals with cases involving issues like forged/counterfeit parking permits and excessive parking tickets.
3. How many cases are heard?
On average the Judicial branch handles approximately fifty cases each month. The vast majority of these are student violation cases. The processing of these cases entails preparing materials, holding the meeting/court with the student, deliberating the case, and producing a written opinion for each case. As for MSA originating cases, we usually hear three to five a year, with most of those occurring during election cycles. Each justice individually hears approximately ten cases a month, depending upon the court on which they serve.
4. What are the positions in the Judicial branch?
The Judicial branch operates currently with approximately two dozen justices split between the three courts. Among them are three leadership justices, who lead their respective courts along with sitting on the Student Court. These are the Chair of the Academic Integrity Board, the Associate Chief Justice (who leads the Parking and Transportation Review Panel) and the Chief Justice (who leads the Student Court). The Chief Justice additionally acts as the principle administrator of the Judicial branch and as an advisor to the officers of MSA, particularly the President and the Senate Speaker. Finally, the Judicial branch is kept running smoothly by the Clerk of the Court, who handles the dockets of the various courts.
5. How can I get involved?
If you are interested in applying for a position in the Judicial branch, simply email the Chief Justice at ttsm89@mizzou.edu and explain your interest. Generally, we allow students to apply for positions once each semester. In the application process, students are asked to provide basic information as well as substantive comments about aspects of the judicial process. After an interview and a background check, selected applicants go on to be officially nominated by the President. The final stage is questioning by the Senate Operations Committee and final confirmation by a majority vote of the full Senate. Once a justice has been confirmed, they remain one as long as they are in good standing with the University as a full-time undergraduate. While serving in MSA, especially the Judicial branch, can be advantageous to students interested in a career in law, we encourage students of all majors and interests to apply.
6. What kinds of things can get me in trouble with the Judicial branch?
Depending on the circumstances, any of the following violations can result in having to appear before a Judicial branch court: DWI, MIP, drug procession/use, vandalism, theft, fighting, disturbing the peace, possession of a fake I.D., distribution of an illegal substance to a minor, cheating, plagiarism, parking pass forgery, excessive parking tickets, and several other similar prohibited/illegal actions.
7. I have to go before a City/Boone County court. Why do I also have to go before MSA for something that is illegal?
This question is without a doubt the one most asked by students. The reason you, for example, appear before Student Court for DWI in addition to city court is that while these courts represent the citizens of Columbia, Boone County, and the State of Missouri, MSA represents the students of the University of Missouri-Columbia. When a student drives drunk, they are not only endangering lives, but they are also embarrassing Mizzou, which prides itself on having mature, responsible students. As a result, you have to go before MSA to speak to these concerns. Furthermore, as a resident of this state, you implicitly agreed to follow state, county, and city laws. The same is true for Mizzou: as a student here, you agreed to abide by our Student Conduct Code, and certain behaviors in violation of that code require you to answer to the University for your actions.
8. I got a letter in the mail. What does this mean?
It means that the Campus Judicial Office received information (either from a police report, the residence halls, or similar sources) that you may have violated the Student Conduct Code. You need to schedule a meeting with the appropriate board mentioned in your letter to resolve the situation. This should be done within 5 days of receipt of your letter. Please call 882-3621 to set up an appointment with Donell Young or email the Court Clerk at CourtClerk@missouri.edu.
9. I don’t understand the letter or why I would have gotten this. Do I still have to set up a meeting?
Yes. If you set up a meeting, the hearing body can explain to you the process and what your charges mean. Also, you can review any information the judicial office has (like a police report) at your hearing and discuss the matter. If during the conversation it becomes apparent that you did not violate the code, the conduct charges against you will be dropped.
10. Who can hear my case?
Your meeting will either be with Donell Young, a graduate assistant, or one of the student judicial boards. Mr. Young is the Judicial Officer for the University. He works for the Department of Student Life and oversees all university judicial action. At his discretion, students can be referred by Mr. Young to the appropriate court within the Judicial branch. Violations involving parking violations are referred in a similar manner by Parking and Transportation Services. If you are referred to the Judicial branch, on the day of your hearing, you will be questioned by 3-4 of the concerned court’s justices, as well as a representative from the university.(For further information, please refer to the section about the Judicial branch above).
11. What will happen at the meeting?
The hearing body wants to have a conversation with you about the incident. They can explain the judicial process and what information they have concerning an alleged violation. Primarily, you will be asked to tell your side of the story. The hearing body will ask you questions about the incident and what, if any, reflection you have done since. They may also ask questions about the financial burden, other consequences you are facing, or other general effects. You are not required to answer any of these questions and any information pertaining to your situation will be confidential. Based on the information you do provide, plus any records such as police reports, the hearing body will make a decision as to whether you are responsible, and if so, will recommend sanctions.
12. What kinds of punishments can be given?
After the meeting, the justices will review what you have said as well as any relevant documents, like a police report. Supposing that they find you responsible for violating the Student Conduct Code, they will then recommend sanctions. These sanctions include, but are not limited to; letters of warning, probation, reflection/research papers, removal from residence hall, community service, substance abuse workshops, suspension, and expulsion. The severity of the recommended sanctions is directly related to the severity of the offense, with suspension and expulsion typically being reserved for extreme situations. Those recommendations are reviewed by the Judicial Services Office, which makes the final decision with regard to your situation. A student may appeal that decision (see #14).
13. This sounds serious. Should I bring a lawyer?
Your meeting will be an informal one. At the meeting you are not required to answer any questions, and everything said inside the meeting is confidential. While having legal consul present is not encouraged, you may request that one be allowed to be present at your Judicial branch hearing. The Department of Student Life, at their discretion, may grant that request. In that event, you will need to sign a waiver to release information in your educational record to that individual.
14. Can I appeal?
In a manner of speaking, yes. While not technically an appeal, a student may elect to have their case reheard in a formal setting. If after receiving a decision letter based on your informal hearing you feel that the determination of responsibility or sanctions issued are incorrect or unfair, you may decide to reject that outcome. In that event, your case will be reheard by the Chancellor’s Committee on Student Conduct. As the name implies, this is a formal hearing before university faculty, unlike the informal hearing you previously had with the Office of Judicial Service and the Judicial Branch. In this hearing, which is tape recorded as an official business of the University, you have the right to bring an attorney with you. It should be noted that attorneys’ representing the University will likely be present.
15. Do I need to dress up?
Dressing up is not required. However, both Mr. Young and the student panel members take these meetings seriously and will be dressed in business attire. It is really a personal choice.
16. My letter was sent to my home address and it’s past the 5 days! What should I do?
Call 882-3621 or email the court clerk immediately to set up an appointment at CourtClerk@missouri.edu.
17. I have a hold on my account and can’t register? Why and what can I do about it?
You most likely have a hold on your account because you have either failed to schedule a hearing, have scheduled and not shown up, or have failed to complete an assigned sanction. You can call 882-3621 and request that the hold be lifted for 24-48 hrs. If you tell them your name and nature of the call, they can evaluate your situation and determine if the hold can periodically be lifted to allow you to register.
18. What exactly is the Judicial branch’s duties and authority?
The Judicial Branch functions within MSA in the traditional role of handling internal disputes and reviewing the constitutionality/legality of governmental by-laws and actions. This function is provided by the Student Court, which is tasked with adjudicating the MSA cases brought before it. Unlike its violation role, in its MSA capacity, the Student Court operates like and has the authority of a “real” court insofar as MSA is concerned. This means that as opposed to a violation case informal hearing , MSA matters are heard in a public, formal trial before most if not all of the nine Student Court justices. All matters pertaining to such cases are official MSA business. Any verdicts handed down by the Student Court in MSA cases are final and any orders, such as writs, issued by the Student Court to officials of MSA must be obeyed.
19. What kinds of cases can be heard?
The Student Court hears one of two types of MSA cases; fact cases and review cases. In a fact case, the matter under adjudication is whether or not a MSA unconstitutional/by-law illegal action was taken by a MSA official. As its goal to establish whether something happened, the Student Court handles such cases in a manner similar to a criminal court. In a review case, the matter under adjudication is whether or not a by-law violates the MSA Constitution. The approach with a review case is similar to the Supreme Court of the United States reviewing a federal law. It is possible for a given circumstance to qualify as both types of cases. These are the broad categories of cases that the Student Court deals with. A typical example of a MSA case is the Board of Election Commissioners bringing a fact case against a presidential candidate for violating election practices.
20. How do I bring a case before the Student Court?
If you feel that an action taken by an MSA official violates the by-laws or MSA constitution or that a by-law violates the MSA Constitution email the Chief Justice for a copy of the Abbreviated Student Court Procedure for Missouri Students Association cases. This document is a straightforward description of the process for the non-Judicial branch students involved in the case. By similar request, the Chief Justice can email a copy of the Official Student Court Judicial Process and Procedure for the Adjudicating of Missouri Students Association Cases, which as the name implies, fully details the entire complicated process for everyone involved, including the justices. NOTE: Be advised that bringing a case is a very serious and time-consuming matter and it should not be undertaken lightly.
21. What is the process?
Basically, the person/party filing the case (called the petitioner) and the person/party the case is against (called the respondent) prepare written briefs that explain their complaint/position. After those briefs are reviewed by the justices, the actual hearing is held. The hearing or “trial” is a public, official meeting of the Missouri Students Association. It proceeds with the two sides presenting oral arguments to the justices, who may ask questions of the individuals. Depending on the case, witnesses may also be called. For complete instructions on the judicial process for an MSA case, refer to previous question and answer, #20.
22. I just received a court order or I am supposed to appear before the Student Court for an MSA related matter. What do I do?
Follow it. All summons to appear before the Student Court are mandatory. If you are unclear about a summons or order relating to a MSA matter, contact the Chief Justice as quickly as possible.
Created by Chief Justice Todd T. Smith
August, 2005
