FAQs About the Judicial System

What is a hearing?
A hearing is simply an opportunity for an accused student and any witnesses to say what happened in a situation in which University policy may have been violated. Most hearings are coordinated by a hearing officer — an AD, the Director of Judicial Affairs and Community Responsibility — or by the JRB. The hearing officer or JRB asks questions about what happened, and gives people an opportunity to ask each other clarifying questions.
The hearing officer or board doesn’t need to be 100% sure that the violation actually occurred for the accused student to be found responsible. The standard of evidence used is “preponderance of evidence.” This means that if the evidence suggests that it is more likely than not that a violation occurred, then the accused student will be found responsible and receive a sanction.

What is a sanction?
Violations of University policies result in educational consequences appropriate to the violation. Sanctions can range from a verbal warning to expulsion from the University, depending on the violation. Common sanctions include the loss of residence hall visitation and alcohol education.

Can I appeal a judicial decision?
You can, if you think that your judicial rights have been violated, if there’s new evidence, or if you think your sanction is too severe, given the incident. Appeals need to occur within five working days of the hearing.

What if I don’t comply with the process?
Students who don’t contact judicial officers for meetings or hearings, or who don’t complete their sanctions, may receive additional charges. They also may have a hold placed on their ability to receive grades, request transcripts, or register for classes. The hold will remain until the situation is resolved.

Will this go on my permanent record?
If you are found responsible for any violation of University policy, this information will be part of your educational record – not necessarily your transcript – until three years after you leave UMW. In general, judicial information is not shared with other people (such as parents or potential employers) without your permission. However, there are some exceptions to this: other University officials can receive this information on a need-to-know basis. Also, the law permits the University to inform parents about violations of the drug and alcohol policy, and the University may do so, at the discretion of the Dean of Student Life or designee.

What if I am a student athlete?
If you have been charged with a violation of the drug and alcohol policy you may need to report this to your coach, whether you believe you were responsible or not. Ask your coach for more information.

Is this everything I need to know?
No. This FAQ page is meant only to introduce you to the UMW judicial system. Please review the rest of this site for more complete information.

We are committed to making the judicial system work for everyone, and we are happy to answer questions and take your suggestions. We want the University of Mary Washington to be a place where you can learn, grow, and have fun at the same time. The policies and procedures are not arbitrary, but reflect both the standards and the needs of the entire University community.

Is it better to have my hearing with the AD or the JRB, or to waive my rights to a hearing altogether and to allow the JRB to issue a sanction in my absence?
For most minor alleged policy violations (e.g., noise violations, underage possession/consumption of alcohol), you are given the choice between these options. No option is “better” than another; the choice comes down to your needs and comfort. If you accept responsibility for the violation and do not feel the need to explain what happened, waiving your right to a hearing might be your chosen option. If you feel that your peers would understand a situation better than an administrator would, then you might choose a hearing with the JRB. If you would feel uncomfortable talking to your peers about the alleged violation, then you might wish to choose a hearing with the AD. All three options support your judicial rights and responsibilities.

Why are the terms “responsible” and “not responsible” used instead of “guilty” and “not guilty”?
Because “guilty” and “not guilty” are terms that are associated with the legal system. The judicial process at Mary Washington is educational, not legalistic. While some of the more serious violations of University policy might also require legal action, the proceedings that take place at the University of Mary Washington are not the same as those in the legal system. Therefore, legal terms are not used. We conduct “hearings” not “trials.” Students are “accused” not "defendants.”

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