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JUDICIAL PROCESS RIGHTS AND RESPONSIBILITIES

An accused student has the following rights with regard to all judicial hearings.

  1. The right to request a pre-hearing conference in which the judicial process is explained to the student. (The right is reserved to mandate such a conference when it is believed to be in the student's best interest.)
  2. The right to be informed of the charges against the student prior to the hearing.
  3. The right to a fair, impartial, and confidential hearing before the duly constituted judicial officer or judicial board. Officers or board members who are partial or biased must be excused from the hearing.
  4. The right to advance notice of three business days before a hearing. Accused students may waive this right, verbally or in writing, at the discretion of the judicial officer or board.
  5. The right to a presumption of non-responsibility until found responsible. The standard of evidence used in University hearings is preponderance of evidence. This means that the adjudicating officer or board must find the evidence supporting the charge against the student more compelling than the contradictory evidence in order for the student to be found responsible for the charge.
  6. The right to an open or closed hearing except in the case of sexual misconduct which will be a closed hearing. At an open hearing, only as many people as can safely fit into the hearing area may attend.
  7. The right to request an advisor of his or her choice, provided that person is willing to assist and advise the student during the hearing. The advisor may be a UMW student, faculty member, or administrator. Advisors are required to contact the hearing officer or board at least 12 hours prior to the hearing. This right shall extend to all judicial proceedings. The accuser may also have someone accompany them throughout the proceedings in a support/advisory role.
  8. The right to be informed of all evidence against the student, and the right to question all witnesses present at a hearing (with the exception of character witnesses).
  9. The right to request witnesses to speak in his or her defense. The judicial officer or board shall have the authority to limit the number of witnesses in order to avoid unreasonable delays where the testimony would be repetitious or unnecessary. Accused students are required to inform the hearing officer or board no less than two business days prior to the hearing as to the identity of their witnesses.
  10. The right to be present during the entire hearing, except during judicial deliberation, or when other accused students are testifying. In the event that a student fails to appear for the hearing, his/her absence may not be construed as an admission of responsibility. However, a hearing may be held in the student's absence if the student fails to notify the hearing officer or board of any conflicts at least two business days in advance.
  11. The right to plead responsible and forego a hearing.
  12. The right to a hearing and, if applicable, sanctioning, within a reasonable period of time.
  13. The right to be notified in writing of the decision or recommendation of the adjudicating officer or board within five business days of the hearing (excluding official University breaks) except in unusual circumstances as determined by the officer or board.
  14. The right to appeal to the appropriate body or University administrative official within five business days of the hearing.

Appeals are limited to the following causes:

a. denial of judicial process rights
b. presentation of new evidence not available at time of hearing
c. sanction was too severe for the violation committed.

An accused student has the following responsibilities with regard to any and all judicial hearings:

a. The responsibility to be on his or her honor.
b. The responsibility to attend all scheduled conferences and hearings in a timely fashion, or to notify appropriate parties of conflicts.
c. The responsibility to complete sanctions by stated deadlines. (Failure to do so may result in additional judicial charges or sanctions, or a hold being placed on the student's records.)
d. The responsibility to conduct himself or herself in a civil and respectful manner.

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