Rights of a Student Participating in the Disciplinary Process

Rights of a Student Participating in an Administrative Handling

The following privileges are extended to a student who has been notified that their conduct is being reviewed using the Administrative Handling process for an alleged violation of the Student Conduct Code. Deadlines for exercising these privileges may be established by the Office of Community Expectations and Restorative Practices

• The right not to comment on, provide information about, or attend proceedings related to an infraction that the student allegedly committed. A student who elects to provide information about an incident is expected to provide honest, accurate, and complete information. Providing information that is false, incomplete, or misleading may result in additional disciplinary action.
• The right to be accompanied by a disciplinary process advisor (current University of Lynchburg student, faculty, or staff member only) in accordance with parameters detailed in “Disciplinary Process Advisor.”
• The right to present information orally in person and/or in writing during the Administrative Handling;
• The right to provide a written statement from one character reference to the case specialist. A character reference must be a current University of Lynchburg student, faculty, or staff member who is not participating in the handling in another capacity;
• The right to be advised in writing of the results of the Administrative Handling; and
• The right to submit one written appeal of the Administrative Handling decision within two weekdays (Monday-Friday) after the decision letter was sent on the grounds of:

1. New information not known by the charged student at the time of the hearing that likely would significantly alter the case specialist’s understanding of the case; and/or
2. Outcome(s) disproportionate to the severity of the violation(s).

Rights of a Student Under Investigation for an Alleged Violation of the Honor Code and/or Student Conduct Code

The following privileges are extended to a student who has been notified that their conduct is being investigated before a possible board hearing for an alleged violation of the Honor and Student Conduct Codes. Deadlines for exercising these privileges may be established by the Office of Community Expectations and Restorative Practices

• The right not to comment on, provide information about, or attend proceedings related to an infraction that the student allegedly committed. A student who elects to provide information about an incident is expected to provide honest, accurate, and complete information. Providing information that is false, incomplete, or misleading may result in additional disciplinary action.
• The right to be accompanied by a disciplinary process advisor (current University of Lynchburg student, faculty, or staff member only) in accordance with parameters detailed in “Disciplinary Process Advisor.”
• The right to be provided with written notification of the charge(s), if issued, within 10 class days after an investigation has been completed. (“Class days” do not include Saturdays, Sundays, examination periods, student holidays, summer or January terms, and days on which University classes are delayed or canceled due to inclement weather or other circumstances);
• The right to request that the Office of Community Expectations and Restorative Practices call witnesses (current University of Lynchburg students, faculty, or staff members only) who have firsthand knowledge of the alleged infraction as part of the investigation, without guarantee that the request will be granted.

Rights of a Charged Student Participating in a Board Hearing  

The following privileges are extended to a student who has been charged with an alleged violation of the Honor and Student Conduct Codes that will be resolved through a board hearing. Deadlines for exercising these privileges may be established by the Office of Community Expectations and Restorative Practices.

• The right not to comment on, provide information about, or attend proceedings related to an infraction that the student allegedly committed. A student who elects to provide information about an incident is expected to provide honest, accurate, and complete information. Providing information that is false, incomplete, or misleading may result in additional disciplinary action.
• The right to be accompanied by a disciplinary process advisor (current University of Lynchburg student, faculty, or staff member only) in accordance with parameters detailed in “Disciplinary Process Advisor.”
• The right to be provided with written notification of the charge(s), if issued, within 10 class days after an investigation has been completed. (“Class days” do not include Saturdays, Sundays, examination periods, student holidays, summer or January terms, and days on which University classes are delayed or canceled due to inclement weather or other circumstances);
• The right to a fair inquiry within 20 class days after being charged, unless the charged student requests a delay in the hearing schedule for good cause that is granted by the Office of Community Expectations and Restorative Practices. (“Class days” do not include Saturdays, Sundays, examination periods, student holidays, summer or January terms, and days on which University classes are delayed or canceled due to inclement weather or other circumstances);
• The right to have at least three weekdays (Monday-Friday) prior to a hearing to prepare for a hearing, except in cases involving interim suspension, at the end of an academic semester, or during summer or January terms;
• The right to express a preference regarding whether or not the hearing will be open to observers from the campus community (current University of Lynchburg students, faculty, and staff members only), without a guarantee that the preference will be accommodated (see “Hearing Procedures,” Part D);
• The right to present information orally in person and/or in writing during the hearing;
• The right to request that the Office of Community Expectations and Restorative Practices call to the hearing witnesses (current University of Lynchburg students, faculty, or staff members only) who have firsthand knowledge of the alleged infraction, without guarantee that the request will be granted;
• The right to provide a written statement from one character reference to the hearing panel during the hearing. A character reference must be a current University of Lynchburg student, faculty, or staff member who is not participating in the hearing in another capacity;
• The right to be advised in writing of the results of the hearing; and
• The right to submit one written appeal of the hearing decision within two weekdays (Monday-Friday) after the hearing ended on the grounds of:

1. New information not known by the charged student at the time of the hearing likely would significantly alter the hearing panel’s understanding of the case;
2. Outcome(s) disproportionate to the severity of the violation(s); and/or
3. An incorrect procedure that substantially impacted the fairness of the board hearing.

Written notice regarding charges of alleged infractions issued, scheduled hearings, and hearing results is sent to a student’s local address listed in University records. A student’s local address is one’s University email address, or campus mailbox, if assigned. Failure or refusal to pick up, open, or read notices does not remove the recipient’s obligation to adhere to any instructions, outcomes, or deadlines issued in the notices or constitute a procedural error for which an appeal is granted.