Rights for Accused Students and Complainants

Rights for Accused Students and Complainants

Rights of Student Accused of Conduct Violation

A student who has been accused of violating the UMW Code of Conduct has the following rights with regard to the conduct process.

1. To be presumed not in violation unless found in violation. The standard of evidence used in all hearings is preponderance of the evidence, which means the evidence must establish a violation is more likely than not to have occurred;
2. To receive reasonable notice of the alleged violation, a general summary of the complaint, contact information of an institution’s employee to receive additional information, and the date by which such contact must occur. Documentation with student information may be redacted;
3. To receive information on the conduct process and rights of the student – either electronically or in a one-on-one meeting with the office of Student Conduct and Responsibility wherein the conduct process and rights of the student are explained. A one-on-one meeting may be mandated at the discretion of the Director of Student Conduct and Responsibility;
4. To receive advanced notice of all in-person meetings;
5. To have the opportunity to review and respond to information presented to the decision maker;
6. To have the opportunity to present their version of events giving rise to the allegations;
7. To have the opportunity to select an advisor of their choice to assist and advise the student but not speak for the student. Advance notice of a participating advisor is required;
8. To have the opportunity to present information by relevant and non-cumulative witnesses – character witnesses are not permitted. Advance notice of the identify of any witnesses is required;
9. To not participate in proceedings;
   1. In the student’s absence, the hearing will proceed.
10. To receive notice of the outcome of the proceedings;
11. To have a decision maker free from actual bias; and
12. To receive a description of any internal appeal process.

Rights of Complainants

1. A student who is a complainant in the student conduct process has the following rights with regard to the conduct process.
2. The right to share their account of the incident. The accused student will have the right to review the complainant’s statement and respond to the decision maker;
3. The right to not respond to any questions asked during the hearing process. The complainant should be aware that this could have an impact on the outcome of the hearing;
4. To have the opportunity to select an advisor of their choice to assist and advise the student but not speak for the student. Advance notice of a participating advisor is required;
5. To receive notice of the outcome of the hearing for violations that may result in the alleged student facing the sanctions of suspension or expulsion;
6. To have a decision maker free from actual bias

Complainants have the right to speak with law enforcement and to explore whether an incident might be handled as a criminal matter, independent of the UMW Code of Conduct.  If the incident occurred on campus the student can reach out to UMW Police (540-654-1025) to start the conversation.  Incidents occurring off campus can be reported to Fredericksburg Police.  UMW Police are able to assist the complainant in contacting the authorities off campus.

Complainants can pursue an Order of Protection with the magistrate from the City of Fredericksburg.  An Order of Protection would place restrictions on the ability of the accused student to contact and approach the complainant.

1. The following additional rights shall extend to complainants only when the accused student has been criminally charged with a crime of violence as defined in Title 18 of the U.S. Code Section 16, i.e.,“(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense”:
   1. The right, if they participate in the hearing, to be physically separated from the accused student during the hearing. The complainant must indicate that choice at least two working days prior to the hearing. Whether or not the complainant participates in the hearing, the hearing administrator will notify, in writing, the complainant about the outcome of the hearing and any sanctions imposed, as permitted by law.
   2. The right to appeal the decision as outlined on the appeals process page.

back to top