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Rights and Responsibilities

AN ACCUSED STUDENT HAS THE FOLLOWING RIGHTS WITH REGARD TO ANY AND ALL JUDICIAL HEARINGS:

  1. To request a prior meeting in which judicial process rights and procedures are explained. The University reserves the right to mandate such a meeting.
  2. To be informed of all charges prior to a hearing, and to review available incident documentation. (For example, if a student is criminally charged, University Police documentation may not be available. In this case, University Police shall provide a written summary of the documentation that shall be available to the accused student whether the UMW judicial process precedes or follows the resolution of any criminal proceedings.) In addition, documentation that includes information about other students may be redacted.
  3. To have a fair and impartial hearing.
  4. To be presumed not responsible unless found responsible for any charges. The standard of evidence used in all University hearings is preponderance of evidence. This means that for a student to be found responsible for a charge, the evidence must persuade the hearing officer or board that it is more likely than not that the student was in violation.
  5. To name an advisor. The advisor must be willing to assist and advise the student during the hearing. The advisor must be a UMW student, faculty, or staff member who is not also a witness. Accused students are requested to contact the hearing officer/board about the identity of their advisor at least one day prior to the hearing.
  6. To be aware of all evidence presented during the hearing, and to be allowed to question all witnesses present at the hearing.
  7. To request witnesses to speak in the student’s defense. The hearing officer or board may limit witnesses or statements deemed repetitious or unnecessary. Accused students should inform the hearing officer or board no less than two business days prior to the hearing as to the identity of their witnesses.
  8. To be present at the hearing, except during deliberation, or when other accused students are speaking. A student who does not appear for a hearing is not assumed to be responsible, but the hearing may occur in his or her absence.
  9. To plead responsible and forego a hearing.
  10. To have a hearing and to be sanctioned within a reasonable period of time.
  11. To be notified in writing of the hearing outcome and of any sanctions issued.
  12. To appeal the outcome or the sanction, under certain circumstances.

AN ACCUSED STUDENT HAS THE FOLLOWING RESPONSIBILITIES WITH REGARD TO ANY AND ALL JUDICIAL HEARINGS:

  1. To be on his or her honor.
  2. To attend all scheduled conferences and hearings, or to notify appropriate parties of conflicts at least three days in advance.
  3. To complete any sanctions by stated deadlines.
  4. To conduct himself or herself in a civil and respectful manner.

 

 

 

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