Judicial Procedures

Members of the University Judicial System
Process for Handling Alleged Violations of UMW’s Code of Conduct
Threat/Danger to Individual Students and the University Community
Appeal Procedures
Compliance with the Judicial Process
Failure to Comply

Members of the University judicial system

The judicial system, which adjudicates alleged violations of UMW’s Code of Conduct, consists of the Office of Judicial Affairs and Community Responsibility, the Judicial Review Board, the Student Conduct Hearing Board, Residence Life staff, the Dean of Student Life, the Vice President for Student Affairs, and the President of the University. Members of the judicial system treat all students with fairness, impartiality, and appropriate confidentiality. Members of the judicial system uphold institutional regulations in their conduct and perform their duties in an exemplary manner.

Process for handling alleged violations of UMW’s Code of Conduct

Students alleged to have violated UMW’s Code of Conduct may be charged at any time, as long as they remain students at the University of Mary Washington. For example, a student alleged to have engaged in sexual misconduct in his first semester at the University may be charged in his senior year, if the student bringing charges against him wishes to do so. Polygraph evidence cannot be considered in any University hearing.

Alleged violations inside residence halls

When an alleged violation of UMW’s Code of Conduct occurs within the residence halls, an Incident Report documenting the alleged violation is written – for example, by a residence hall staff member or by another student. Incident Reports may be considered individually or cumulatively in addressing the behavior involved. A student can be charged with one or more alleged violations of the Code of Conduct by an Assistant Director of Residence Life, or by the Director of Judicial Affairs and Community Responsibility, and will be given the opportunity to attend a hearing in which it is determined whether or not the student is responsible for the alleged violations, and if responsible, what sanctions he or she should receive.

Alleged violations heard by ADs and/or the Judicial Review Board (JRB) – also known as Level II violations – generally are handled as follows:

The AD (or designee) notifies the accused student in writing that he or she has been charged with one or more judicial violations. Available incident documentation is made accesible to the student, and the student is invited to review the University’s judicial procedures. (The Office of Judicial Affairs and Community Responsibility will gladly provide personal assistance to students who request assistance or guidance with any judicial concern.) The student is then given the opportunity to choose a hearing with an administrator or with the JRB, or to waive his or her rights to a hearing and accept sanctions determined by the JRB in the student’s absence.

A student will be notified at least three business days in advance of any hearing with an administrator, the JRB, Office of Judicial Affairs and Community Responsibility, or the Student Conduct Hearing Board. The three-day period may be waived by the student if desired. To investigate who is permitted to participate in the hearing process, contact the Office of Judicial Affairs and Community Responsibility, Marye House, x1660.

Alleged violations heard by the Director of Judicial Affairs and Community Responsibility or designee – also known as Level I violations – are handled as follows:

Upon receipt of the incident documentation, the student will be informed in writing of the charges. Formal pre-hearing procedures are not required at this level of alleged violations because accused students do not have a choice of hearing options of Judicial Affairs and Community Responsibility. However, the Office is committed to assisting accused students throughout the judicial process, and students in need of further information related to the charges, or to the judicial process in general, are invited to meet with the Director of Judicial Affairs and Community Responsibility.

For information on how alleged violations are handled by the Student Conduct Hearing Board, please see the section pertaining to this judicial body.

Alleged violations outside residence halls

When an alleged violation of University policy occurs outside the residence halls but on University property, a report will be written by the observer of the alleged violation — for example, by a University Police Officer. The report is then routed to the Office of Judicial Affairs and Community Responsibility and referred to the appropriate hearing body. Alleged violations that are otherwise heard by ADs or the JRB may be heard by the Office of Judicial Affairs and Community Responsibility when they occur outside of residence halls. Alleged violations that are heard by the Student Conduct Hearing Board are heard by this Board no matter where they occur on University property.

Alleged violations off campus

UMW’s judicial process is an educational tool to support student learning and is intended to perpetuate life skills and citizenship through accountability on the grounds of the University community. Violations of civil or criminal law are subject to prosecution by appropriate authorities. Disciplinary action may also be taken by UMW in these cases.

The University also has jurisdiction, notwithstanding the location of the offense, to immediately suspend a student for any major violation or federal law for which the student has been convicted. For purposes of this section, “major violation” shall mean only felonies or their equivalents and not misdemeanors, traffic violations, or their equivalents.

The conduct of UMW students away from campus has an impact not just on those students involved, but also on UMW peers and on members of the greater Fredericksburg community. Holding students accountable, through the judicial system, for off-campus conduct (resulting in arrest or citation) is a standard process in higher education resulting in positive learning outcomes for students and favorable town-gown relationships.

Geographic jurisdiction includes any violations of the UMW Code of Conduct occurring on campus or university leased or controlled properties, in study abroad programs, at any UMW-related event, and in Spotsylvania County or the City of Fredericksburg that substantially impacts the educational mission of the University.

UMW will adjudicate off-campus violations when the conduct has an equivalent in the Code of Conduct. For example, if a student is arrested or cited for DIP, he or she could be charged with violating UMW’s policy related to alcohol intoxication. If a student is charged with public urination, he or she could be charged with violating UMW’s policy related to disorderly conduct. This information will come to the University through official police communication. The incident will be adjudicated by an administrator or by the Judicial Review Board [or Student Conduct Hearing Board] as noted in the Judicial Hearing procedures.

A standard response to off-campus conduct will include the following:

• Off-campus incidents involving first offenders will be noted for record-keeping purposes.
• Off-campus incidents involving students who previously have been found responsible for any violation on campus, or who have been previously arrested or cited off campus will be adjudicated through the campus judicial system. (This policy does not apply in minor traffic or parking violations.)

When conduct issues involving UMW students visiting other colleges or universities are brought to UMW’s attention, a standard response will be to mandate a meeting between the student and the Office of Judicial Affairs. Depending on the circumstances, however, the Office of Judicial Affairs reserves the right to take additional actions – for example, a formal judicial hearing – if, in its opinion, circumstances warrant doing so.

Threat/Danger to individual students and the University community

In cases involving student-to-student behavior which is considered violent, harassing, or threatening, the Dean of Student Life or designee may issue a “no contact” order to the students involved. The purpose of these orders is to limit contact and communication (direct and indirect) between the students prior to any judicial action being taken. “No contact” orders may be extended indefinitely at the discretion of the Dean or designee, or as a judicial sanction.

The Dean or designee also may immediately relocate a student within the residence hall system, or immediately suspend a student from the residence halls, from specific areas of the University, or from the entire University pending judicial or criminal proceedings. Relocations and interim suspensions are enacted when the student’s continued presence is reasonably believed to pose a substantial threat to him/herself, to the safety and wellbeing of any member of the University community, to the preservation of property, or to the normal operations of the University.

Appeal procedures

Appeals of judicial hearing decisions may be made only on one or more of the following grounds:

1) denial of Judicial Process Rights and Responsibilities
2) new evidence unavailable at the time of the hearing; or,
3) sanction deemed inappropriate for, or inconsistent with the violation.

In the case of 1) or 2), a new hearing with the appropriate administrator or duly constituted board (see below) shall occur if deemed appropriate. In the case of 3), the appropriate administrator or board shall convene to consider the sanction only. In no event shall the second sanction be more severe than the first. Appeal decisions are final.

Appeals from administrative hearings and Student Conduct Hearing Board:

If the student wishes to appeal the results of a hearing with a Residence Life administrator, an appeal may be made in writing within five business days to the Director, Office of Judicial Affairs and Community Responsibility, Marye House.

If the student wishes to appeal the results of a hearing with the Director of Judicial Affairs and Community Responsibility, an appeal may be made in writing within five business days to the Dean of Student Life, Marye House.

If the student wishes to appeal the results of a hearing before the Student Conduct Hearing Board, the appeal may be made in writing within five business days to the Vice President for Student Affairs.

Appeals from Judicial Review Board hearings and waived rights procedures:

If the student is not satisfied with the results of a hearing or a waived rights procedure with the Judicial Review Board, the appeal may be made in writing within five business days to the Judicial Review Board, Marye House (see “Procedures for Appeal to Judicial Appellate Board” and “Waived Rights Procedures and Appeals”).

Compliance with Judicial Process

No student shall engage in any activity that disrupts, unfairly influences, or obstructs the judicial process of the University of Mary Washington or the Commonwealth of Virginia. This includes, but is not limited to, activities such as:

1. Attempting to influence, intimidate, or threaten any witness, accuser, documenter, hearing panel member, or other participant involved in the preparation of a case or the procedures constituting a judicial proceeding.
2. Conducting oneself in an unruly and inappropriate fashion towards any official when being confronted on judicial matters.
3. Failing to cooperate completely with the judicial system and corresponding sanctions.

All students are expected to comply with any disciplinary conditions imposed upon him or her by a judicial body or University official.

Failure to comply

Failure to comply with directives of University officials or with the judicial process (by not responding to judicial correspondence, not attending scheduled meetings or hearings, or by not fulfilling assigned sanctions) constitutes a violation of University policy with penalties ranging from a warning to dismissal from the University. Also, an administrative hold may be placed on the ability of non-compliant students to register for classes, and to receive and send official grade reports and transcripts.

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