West Virginia University requires all students to act as responsible citizens and members of our community. Each student is responsible to know, observe, abide by, and adhere to the University's Student Code of Conduct, policies, rules and regulations.
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Student Conduct Process
A Report is Received
The Office of Student Rights and Responsibilities can receive reports from anyone in the community through the Public Incident Report Form. We also receive reports from faculty and staff members, student organization advisors, the Morgantown Police Department, and the University Police Department. Allegations of student misconduct will be reviewed by the Campus Student Code Administrator, or other appropriate personnel.
Investigation of Report
When a report is received, The University, often through one of its investigators or Student Conduct Administrators, will explore each allegation of student misconduct contained in the report. The investigator will review the allegations, gather the relevant evidence, and interview complainants, respondents, and witnesses. This information will be used by the Office of Student Rights and Responsibilities in determining if a violation of the Code of Student Conduct has occurred.
Determination of Process
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Informal Process
If it is determined that there is not a violation of the Code of Student Conduct or a complainant requests a less formal route, the report may be resolved through an informal process. This process aims to educate the involved parties and stop the reported behavior. This process may be completed through an educational conversation, mediation and conflict resolution, or in partnership with another university office.
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Formal Process
If, after investigating the complaint or allegation of student misconduct, the University finds that it is reasonable to believe that the Respondent violated the Campus Student Code, then, subject to 9.2.2.1, charges will be brought against the student.
Notice of Charge
If it is reasonable to believe that a violation of the Campus Student Code has occurred, a formal written charge of alleged prohibited conduct will be sent to the respondent. The notice of charge will be sent through a students mix.wvu.edu email account. This notice will contain the accusation(s), charges brought against the student, and resources for the student conduct process.
This notice will also include the date, time, and location of the student's required meeting(s) with a Student Conduct Administrator. Students will be notified at this time if their alleged violations will be handled through a Conduct Conference or Educational Conversation with a Student Conduct Administrator or through Hearing process with an appointed Single Adjudicator.
Types of Meetings
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Conduct Conference
The Conduct Conference will be used for determining responsibility and a sanction for matters or situations in which the alleged actions, if true, would not justify a suspension or an expulsion. You can learn about the entire Conduct Conference process in section 9.5 of the Code of Student Conduct.
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Hearing/Pre-Hearing Meeting
When necessary, a hearing shall be scheduled by the Campus Student Code Administrator. The President shall appoint an individual to act as the hearing tribunal of any hearing involving charges for complaints seeking expulsion or suspension (“Hearing Adjudicator”). You can learn about the hearing process in section 9.6 & 9.7 of the Campus Student Code.
More about the Hearing Process -
Educational Conversation
After an investigation, Student Code administrators may determine that there is an opportunity for education to prevent future violations. If this is the decision, the student Code Administrator will meet with all students involved and help them develop alternative actions, review how their actions could have been a violation of the code of conduct, and check in with the student in their success at West Virginia University.
Standard of Proof
A determination of responsibility shall be based on a preponderance of the evidence. “Preponderance of the evidence” means evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which, as a whole, shows that the fact sought to be proved is more probable than not.
During your meeting the Campus Student Code Administrator will determine if there is a standard of proof for the violations.
Outcomes
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Informal Resolution
At any time during the process, an informal resolution may be reached, if agreed upon in writing by both parties. The informal resolution may be tailored to the specific situation and allegations. Methods of informal resolution may include, but are not limited to mediating the situation, training, educational measures, and other agreeable alternative dispute options.
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Outcome Letter
The Outcome Letter will include a brief statement of the facts relied upon by the Conduct Administrator, the assigned sanction(s), and an explanation of any appeal rights. When applicable, the Complainant will receive a copy of the Outcome Letter. Outcomes letters will be sent to a students mix.evu.edu account.
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Sanctions
A student or Student Organization found responsible for a violation or violations of the Campus Student Code shall be subject to sanctions commensurate with the offense. All possible sanctions can be reviewed in the Code of Student Conduct.
Examples of possible sanctions a student or student organization may receive are:
- Expulsion
- Suspension
- Deferred Suspension
- Probation
- Warning
- No Contact Order
- Educational Sanctions
- Other Sanction
- Loss of Privileges
Appeals
Students who have violated the Campus Student Code may appeal the decision and/or the imposed sanction within five (5) calendar days from the date that the Outcome Letter is sent.
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