All students have rights and responsibilities in the conduct process. It is important to be informed of both as a WVU community member
Student Rights in the Conduct Process
Any office member whom you meet with will ensure that you are informed of your rights in the conduct process.
FERPA
The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. Utilize this link to learn more about FERPA.
If a student would like their parents or another individual informed of their conduct record, they will need to complete the Office of Student Rights and Responsibilities Consent to Disclose Form.
Notice of Charges
If it is reasonable to believe that a violation of the Campus Student Code has occurred, then the Campus Student Code Administrator will prepare a formal written charge of alleged prohibited conduct. Students will receive this Notice of Charge through their campus, mix.wvu.edu, email. The notice will inform them of their alleged misconduct, charges, and required meetings.
Notice of Outcome
After consideration of the evidence, all students are entitled to written notification of the outcome of the Conduct Conference. Students will receive this "Outcome Letter" through their campus, mix.wvu.edu, email. Each Outcome Letter shall plainly state the decision and shall plainly state the rationale for the decision; in the event that the student is found responsible for any part of the Charge, the Outcome Letter will include a brief statement of the facts relied upon by the Campus Student Code Administrator, the assigned sanction, and an explanation of appeal rights.
Time to Prepare
Students will be given sufficient time to prepare to rebut the charges sent to them in their Charge Notice.
Opportunity to Present Evidence
In the Conduct Process all students will be able to present evidence. The Student Conduct Administrator will utilize this evidence to determine the students responsibility of the charges. Evidence can be texts, videos, pictures, documents, etc. Witnesses can also be utilized as evidence.
Retain Counsel
Any student participating in the conduct process, may have legal counsel or an advisor accompany him or her to a hearing for charges seeking suspension or expulsion. The advisor may be an individual that is either a member of the faculty, staff, or a student at West Virginia University. Any lawyer appearing at a hearing on a student’s behalf must be licensed to practice law in the State of West Virginia and can actively participate in the hearing.
The Office of Student Rights and Responsibilities can help students find an advisor for their hearing if a student completes the Hearing Advisor Request Form.
Unbiased Decision
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 their is a standard of proof for the violations.
Appeal
Students who have violated the Campus Student Code, as determined by a Hearing Adjudicator or a Campus Student Code Administrator, may appeal the decision and/or the imposed sanction within five (5) calendar days from the date that the Outcome Letter is sent.
BOG Rule 1.6 – Student Rights
At West Virginia University, individuals reporting or with a complaint that falls under the jurisdiction of Board of Governors Rule 1.6 are afforded certain basic rights. The University will take the appropriate steps to end the misconduct, prevent any further misconduct or retaliation, remedy the effects of misconduct, and eliminate any hostile environment that has been created.
All student rights under BOG Rule 1.6 can be reviewed here: BOG Rule 1.6 Student Rights
Title IX Sexual Harassment – Student Rights
At West Virginia University, individuals reporting or with a complaint of sexual harassment that falls under the jurisdiction of Title IX are afforded certain basic rights. The University will take the appropriate steps to end the misconduct, prevent any further misconduct or retaliation, remedy the effects of misconduct, and eliminate any hostile environment that has been created.
All student rights under Title IX can be reviewed here: Title IX Student Rights
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