Judicial Process

Documentation
Residential Education staff members are required to document any event that occurs in University housing. Examples of events that will be documented include fire alarms, serious medical emergencies, and violations of policies. Usually, an event is recorded on an "information report." An information report is an account of an event or situation by the person who has the earliest and most direct involvement with the incident. Charges of policy violations originating from an information report are considered alleged pending completion of the student conduct process. Any member of the residence hall and University communities can confront and record any behavior that is inconsistent with community standards. Any complaint should be placed in writing and directed to the Residence Hall Coordinator if the alleged misconduct occurred in or around a residence hall. When behavior is recorded, the student conduct process is set in motion.

Note: If you are present for policy violations, you may be held responsible and appropriate sanctions will be imposed.

Process
All student conduct procedures are designed to minimize disruption to the residential learning communities. The disciplinary action timeline outlines the student conduct process from the time the policy violation is reported, its student conduct meeting held and appeals filed, until its conclusion with the final decision.

• A formal complaint (usually through an information report) is lodged against a student.
• A disciplinary body (person or person(s) assigned to resolve a student conduct matter) is assigned to consider charges against a student. Disciplinary bodies will be assigned according to the severity of the situation, previous student conduct, and the appropriateness of the disciplinary body. Students may request to have either an administrative student conduct meeting or a meeting with a Residential Student Conduct Board, upon receipt of a meeting notice.
• A notice of charges and a notice of the time, date, and location of the disciplinary conference generally will be sent no fewer than two days prior to a student conduct meeting.
• Notice of charges will be sent and a meeting held, generally, within seven consecutive days.
• The outcome letter will be sent after the student conduct meeting.
• If a student requests an appeal, the appeal must be requested within two business days of the student conduct meeting. See your main desk or RHC for an appeal request form.
• The appeal will be granted or denied generally within one business day of the reception of the appeal.
• An outcome letter will be sent to the resident generally within 48 hours of the appeal request.
• While an appeal is pending, sanctions are suspended until the Appeal Officer has acted upon the request and a final resolution has been reached. An exception may occur when a potentially volatile or dangerous situation exists.

Note: Failure to comply with Residence Hall policies, procedures, or procedures may result in Residential Education placing a hold on your University status. This means you will not be allowed to register for classes, receive transcripts, or graduate.

Student Conduct Meetings
When a policy violation has occurred, students have a right to a disciplinary meeting. During the meeting, the student has the opportunity to present his or her case regarding the situation and documented policy violation. The Residential Student Conduct Board, a Residence Hall Coordinator, or other professional staff members from Residential Education will conduct a student conduct/disciplinary meeting. During the meeting, courtroom rules of evidence will not be applied and all relevant information, witnesses, and evidence should be presented to the disciplinary body. (The technical rules of evidence applicable to civil and criminal cases shall not apply.) The disciplinary body has authority to limit the number of pertinent witnesses. Finally, student conduct decisions are based on a preponderance of evidence, i.e. "The allegations more likely than not occurred as charged."

Note: In certain circumstances, a student may be removed from the residence halls before a student conduct meeting has been held or following a student conduct meeting where removal was imposed and an appeal is pending. An interim removal may be imposed to ensure the health, safety, or well-being of members of the residence hall community or to preserve property.

Residential Student Conduct Boards
The Residential Student Conduct Board exists to provide the opportunity to students to be involved as leaders in their residential setting. The Residential Student Conduct Board also offers students accused of violating residence hall policies an opportunity to have their behavior evaluated by their peers, by having the alleged policy violations addressed as close to the source as possible. The Residential Student Conduct Board is comprised of students selected from each residence hall and a non-voting advisor. Students who serve on the board are appointed each semester and meet on an as-needed basis. The Residential Student Conduct Board will usually hear cases in which a student has allegedly infringed upon the rights of the residence hall community at large. However, a board may also hear cases in which a student has previously been placed on probation or offenses that are deemed appropriate for a board to hear.

A quorum of three (maximum of five) students must be present to render a student conduct finding and to levy sanctions. All members of the Residential Student Conduct Board have an equal vote. A simple majority is all that is necessary to arrive at a finding and to assign a sanction. In the event a tie vote occurs, the student will receive the benefit of a "not responsible" finding and no sanction will be assigned.

Your Rights and Responsibilities
All student conduct shall be fair and reasonable in keeping with the fundamental concept of due process. Along with the right to privacy and the right to protection against discrimination, guaranteed to all West Virginia University students, if you are accused of policy violations, you will also have the rights listed in the Eyes and 'Eers and WVU Student Rights and Responsibilities.

Rights of the Accused

• The right to be informed of your rights, policies, and student conduct procedures as outlined herein.
• The right to a timely notice of a student conduct meeting, including written notice of charges, usually within two days after the report of the incident.
• The right to confidential proceedings.
• The right to a copy of all documents (i.e., the information report).
• The right to be presumed not responsible for committing an infraction of a policy until found responsible by a preponderance of the evidence presented (a standard of "more likely than not").
• The right to an advisor for the purpose of consultation, but not to speak on your behalf or to participate directly in the student conduct meeting except as permitted by the disciplinary body.
• The right to present and examine evidence and witnesses. The disciplinary body may determine the number of witnesses.
• The right to remain silent or to not attend a student conduct meeting. If you choose to exercise this right, a student conduct meeting will still be conducted. Evidence in support of the charges will be presented and considered and a decision will be made based on that evidence.
• The right to a simple majority vote of a Residential Student Conduct Board to secure a finding.
• The right to receive a decision in writing generally no more than two days after a student conduct meeting.
• The right to request an appeal to a finding of "responsible" and/or sanctions imposed. The request for an appeal must be made in writing no more than two days after receipt of the decision in writing.

Rights of the Victim
In some situations, not only does a student's conduct violate residence hall policy, but also victimizes another member of the University community. Examples of these situations include theft, damage to personal property, intimidation, harassment, academic misconduct, physical and/or sexual assault, sexual harassment, and behaviors that endanger personal safety. The University community includes, but is not limited to students, staff, faculty, parents, campus neighbors, campus visitors, and any agency that is engaged in a legitimate business transaction with the University (e.g., vendors). When someone is identified as a victim, the student conduct process affords him or her certain rights.

When a complaint is filed against a student, it is important to remember that the student is being charged with violating a specific University or housing policy; therefore, the University is ultimately responsible for determining what charges are appropriate, the proper disciplinary body, and the resolution of the situation. If a victim withdraws the complaint, the University may proceed with the case.

Victims are entitled to the following rights:

• The right to have the student conduct process explained in full.
• The right to submit a written account of the alleged incident.
• The right to be informed of the date, time, and location of the conference/meeting and to request a delay of the conference for extenuating circumstances.
• The right to be present during the conference, including all testimony, the declaration of the finding, and the announcement of any sanctions which are to be imposed. Victims are not permitted to be present during the private deliberations of the disciplinary body.
• The right to have an advisor present throughout the student conduct process, including the student conduct meeting, although the advisor may not speak on behalf of the victim.
• The right to be called upon as a witness.
• The right to decline to be a witness. The exercise of this right will not be regarded as a statement of support of the accused.

Appeals
Students are entitled to request an appeal for each incident; however, requests should not be submitted just because a student does not agree with the decision of the disciplinary officer. Requests for appeals must be made in writing within forty-eight hours of the student conduct meeting, to the Residential Education Office located on the first floor of Boreman North. An appeal is limited to a review of the proceedings before the disciplinary body and any evidence that first became available after the student conduct proceeding. A request for an appeal must be submitted on a "Student Conduct Appeal Request," available from your Residence Hall Coordinator, or the Residential Education Office.

Appeals for cases involving all sanctions except for Residence Hall Contract Termination/Removal will be made to the Assistant Dean of Students for Residential Education or designee who will review requests for appeals and determine if grounds exist. The Associate Dean of Students for Residential Education or designee will hear appeals for cases involving the sanction of Residence Hall Contract Termination/Removal. An accused student shall not be at risk of a more severe sanction, simply by exercising his/her right to an appellate review.

While an appeal is pending, sanctions are suspended until the Appeal Officer has acted upon the request and a final resolution has been reached. An exception may occur when a potentially volatile or dangerous situation exists.

A student's request for an appeal will generally be granted if at least one of the following conditions are met:

1. New information that was unavailable at the student conduct meeting can be presented;
2. Established procedures were not followed, and these errors affected the outcome of the case; or
3. The outcome of the case is not supported by a preponderance of the evidence.

The Appeal Officer in the appeal may:

1. Uphold or modify the original decision;
2. Uphold or modify the sanction; and/or
3. Remand the case back to be reheard or reconsidered in cases where there is new information or a procedural error.

Confidentiality of Records
In order to protect your rights as a resident and University student, Residential Education will maintain written records on any disciplinary action. Access to these records is restricted to the student, individuals who have the expressed written consent of the student to review the records, parents, and University officials who have a legitimate, educational interest in reviewing a student's records. The names of the persons involved in a particular case are not public information and as such are subject to the same restraints.

Records on individuals receiving the sanction of Residence Hall Contract Termination/Removal normally will be kept on record for seven academic years and a copy will be sent to the Dean of Student Life's Office. All other student conduct records will be kept for seven academic years. Letters or phone calls will be sent/made to parents or legal guardians of students who are placed on deferred removal or removed from residence halls, or if alcohol or drug violations occur.