Attorney FAQ

1. When are attorneys permitted to participate in the student conduct process?

A: An attorney who is licensed to practice law in the State of West Virginia is permitted to represent a student in any hearing where the possible sanctions include suspension and/or expulsion. In Title IX cases, an attorney may participate in any stage of the process.

2. Is the criminal process akin to the student conduct process?

A: There are significant differences between the criminal process and the student conduct process, but they are not mutually exclusive. If a student is arrested and charged in a criminal proceeding, that student can also be charged under the Campus Student Code. However, there are many charges under the Campus Student Code that do not rise to criminal behavior.

3. What are the procedures for a student conduct hearing?

A: The Student Conduct hearing process is not the same as a trial. A student conduct hearing in an administrative process. Rules of evidence that are present in a criminal proceeding will not apply in a student conduct hearing. The Hearing Adjudicator will have final authority on all evidentiary matters.

4. What is the standard of evidence?

A: The standard in the student conduct process is “preponderance of evidence.”

5. How are the sanctions decided?

A: The sanctions are developed with consideration of the individual circumstances of the case, the student’s prior disciplinary history, if any, the impact that the sanctions will have on the student’s situation, his or her educational record, and any other relevant information that the Hearing Adjudicator deems useful.

6. Are the sanctions public record like criminal records are?

A: No. Student conduct cases are confidential in compliance with the Family Educational Rights and Privacy Act (FERPA).