Respondent FAQ

I received a Notice of Charge from the Office of Student Rights and Responsibilities and was asked to schedule a meeting with a Student Code Administrator. What does that mean?

That means that the Office of Student Rights and Responsibilities received a formal complaint or allegation of student misconduct and there are reasonable grounds to conclude that you violated the Campus Student Code. In the meeting, a representative from our office will review the Campus Student Code, its procedures, and the options available to you.

How do I prepare for a meeting with a Student Code Administrator?

Read and review the WVU Campus Student Code . You are not required to participate, but the Student Code Administrator would like to hear your side of the story. If you do not participate or come to an Agreed Resolution, the case may continue to a Conduct Conference or a Hearing.

What is an Agreed Resolution?

An Agreed Resolution is a written agreement where the parties agree on the facts and sanctions that are imposed following your meeting with a Student Code Administrator.

Is an Agreed Resolution final?

An Agreed Resolution is a final decision and will not be subject to any further proceedings, unless you provide a written objection to the Student Code Administrator within one (1) calendar day of the date it was signed.

What happens if the meeting does not result in an Agreed Resolution, or if I object to the original Agreed Resolution with no additional agreement?

Your case will continue to a Conduct Conference or a hearing, when applicable.

What is a Conduct Conference?

It is an informal conference between the Respondent and the Student Code Administrator to determine responsibility and any applicable sanctions for non-Title IX matters that may not justify suspension or expulsion.

What is the Conduct Conference procedure?

You will have the opportunity to present evidence to the Student Code Administrator to make a determination on whether you are responsible for violating the Campus Student Code.

How will I know the outcome of a Conduct Conference?

You are entitled to a written notification of outcome (the “Outcome Letter”) of the Conduct Conference, which will plainly state the decision, the rationale for the decision, and sanctions if found responsible.

What if I do not agree with the outcome of the Conduct Conference?

You can appeal the Outcome Letter within (5) five days of the date that it was sent. A written appeal and supporting documents need to be submitted to the Dean of Students, with a copy given to the Student Code Administrator, as well. See Section 10 of the Campus Student Code for full information.

Will I get notice of my hearing?

How will I be informed of witness es in my hearing?

The Hearing Notice will include a list of any anticipated witnesses that may be participating in the hearing.  

What are my responsibilities after receiving the Hearing Notice?

At least  (10) ten calendar days  prior to the scheduled hearing, you need to provide the Student Code Administrator any documentary evidence and a list of names, contact information, and the purpose of any witness that might participate in the hearing

Can I bring anyone with me to help me with through the hearing?

A:  Yes. Both the Respondent and the Complainant may have an Advisor or an attorney accompany him or her to the hearing. Advisors may participate at the discretion of the Hearing Adjudicator. An attorney, however, can actively participate in the hearing. The attorney must be licensed to practice law in the State of West Virginia. For Title IX cases, an Advisor will be provided for cross-examination purposes, if needed.

Do I have to come to the conduct conference or the hearing?

A:  No. However if you do not attend, the conference or hearing will proceed without you. For the conduct conference, the Student Code Administrator will review all of the evidence and make a determination and impose sanctions if you are found responsible. For a hearing, the Hearing Adjudicator will listen to all of the evidence and make a determination and impose sanctions if you are found responsible.

What is the standard of proof for a hearing?

The standard of proof is a preponderance of the evidence. That means that if it is more likely than not that you performed the acts alleged, you will be held responsible.

How will I know the outcome?

You are entitled to a written notification of the outcome of the hearing. This “Outcome Letter” will state the decision, the rationale for the decision, a statement of the facts that are relied upon by the Hearing Adjudicator if you are found responsible.

Do I have a say in the sanctions that are imposed?

Yes. If you are found responsible, you can present any argument or evidence to the Hearing Adjudicator for their consideration. You can also suggest sanctions that you believe are appropriate.

Will I receive anything in writing about my sanctions?

Yes. You are entitled to a written notification of sanctions. This Notice of Sanctions will state the rationale for the assigned sanctions, and an explanation of the appeal process.

How long do I have to appeal?

You can appeal the decision within five (5) calendar days of the date of receipt of the Notice of Outcome or Notice of Sanction letter. A written appeal and supporting documents need to be submitted to the Dean of Students, with a copy given to the Student Code Administrator, See Section 10 of the Campus Student Code for full information.

How do I appeal?

You will need to write a letter of appeal with any supporting document that you need to submit to the Dean of Students, with a copy to the Student Code Administrator.

What happens during the time it takes for the Dean of Students to review my appeal?

Normally, sanctions are withheld until the appeal is decided (except in Title IX cases). If there is a perceived danger to the University, though, you may be removed from the residence hall or interim suspension may remain in place until the appeal process is complete.

How does the Dean of Students make a decision on the appeal?

The Dean of Students or his designee will review the record and all supporting documents to consider whether there was jurisdiction under the Campus Student Code to charge you, whether the proceeding was conducted fairly and conformed to the Campus Student Code, whether the decision reached was based on substantial evidence, and whether the sanctions were appropriate.

How long does the appeal process take?

The Dean of Students or his designee will consider the appeal and typically deliver a decision within 30 days, unless the time period would be impracticable.

Can the Dean of Students or his designee impose different sanctions?

Yes, but those sanctions cannot be more severe than the original sanctions imposed by the Hearing Adjudicator.