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Judicial Affairs

Below you will find answers to questions that were asked by current William and Mary students about the College's judicial process and procedures. This information is not intended to be exhaustive, but instead should provide some general information to those involved with the judicial process. Please refer to the Student Handbook for official guidelines and regulations. You may also contact Dave Gilbert, Associate Dean of Students, with questions. Please also see Honor Council FAQ for answers to Honor Code related questions.

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GENERAL JUDICIAL PROCESS

I received an email, a letter, or a phone call asking me to contact the Dean of Students Office or Area Director. What does this mean?
It most likely means that an incident report containing your name has been filed with the Office of the Dean of Students and that the report indicates that you may have been involved with a violation of the Student Code of Conduct. You should follow the instructions in the message and attend the meeting with the appropriate case administrator (usually the Dean or an Area Director) as soon as possible. If the communication contains a specific date and time for a meeting, then you are required to appear for that meeting.

What if I don't check my email, CSU box, or voice mail and miss the communication I was sent?
It is College Policy to consider a student notified as soon as an e-mail is sent to the student, a letter is placed in the student's CSU box, or a voice mail is left for the student.. All students are expected to check their e-mail daily. Students are also required to check their CSU boxes daily and to update the address they have listed with the College if any changes are necessary.

What are my options if it is alleged that I violated a policy?
Students can choose to resolve their judicial cases in one of three ways:

Informal Resolution: A meeting with a case administrator (CA) during which the student and CA discuss the facts of the case and the surrounding circumstances and agree upon a set of facts. If the set of facts indicates that a violation of college policy occurred, then the CA will assign a sanction. If the set of facts indicates that no violation occurred, then the student will be found not responsible and the file will be expunged.

Administrative Hearing: A formal hearing before an administrator during which the student will respond to formal charges and will be allowed to produce relevant evidence and witnesses. The administrator hearing the case will then determine whether or not the student is responsible for the behavior. If the student is found responsible, the administrator will assign sanctions appropriate to the case.

Panel Hearing: A formal hearing before a panel of students (Hearing Board) or a panel of students, faculty and staff (Judicial Panel) during which the student will respond to formal charges and will be allowed to produce relevant evidence and witnesses. The panel hearing the case will then determine whether or not the student is responsible for the behavior. If the student is found responsible, the panel will assign sanctions appropriate to the case.

Flow Charts depicting the Judicial and Honor Processes:


Why do some people see the Area Director and some see the Dean?
The cases that are deemed to be more serious or those involving a student with a recent or significant prior history are referred to the Dean. Also, those incidents that occur outside of a residence facility or that involve a student organization are referred to the Dean. In addition, difficulty scheduling a meeting or timing in the semester (near a break or during a break) sometimes necessitates that a student meet with the Dean instead of the Area Director.

Who can file a complaint or an incident report?
Anyone can file an incident report. Students simply need to document an incident with a resident assistant, head resident or area director, speak with a staff member in the Dean of Students office, or download, complete and submit to the DOS office the Campus/Community Incident Report Form.

Does double jeopardy apply? Can I go through the courts AND the College judicial system?
Double jeopardy does not apply since the College is dealing with violations of the Student Code of Conduct and the College's expectations of its students. Double jeopardy only applies when a person is twice tried and convicted for the same violation of law in a court of law. Therefore, a student may experience both the College judicial process AND off campus legal proceedings.

What if I am off campus when I violate the Conduct Code?
If the behavior adversely affects the College community or its members, the College could assume jurisdiction for the off campus behavior and would contact you to initiate the judicial process.

What happens if I choose not to respond to requests from the Dean's Office to meet, choose not to appear for a scheduled meeting, or choose not to comply with a sanction?
If you don’t make the appointment within a reasonable period of time or fail to appear for a scheduled appointment, the Dean may place a hold on your records and add an additional violation of Failure to Comply. If you fail to appear for a scheduled hearing or meeting after formal charges have been issued, the case administrator may make a decision in your absence.

If you fail to comply with the terms of an assigned sanction, you can be charged with Failure to Comply and/or a hold may be placed on your record. The results of such a charge will most likely be more severe than the original sanction.

What if I have concerns about a judicial policy or practice?
Please feel free to contact the Dean of Students, the Associate Dean of Students, or your area director to discuss your concerns. We want to hear them!

SANCTIONS


How do you determine sanctions?
Sanctions are determined using a variety of factors including the nature and severity of the violation, related circumstances, impact on the campus/community, past history, precedent, and educational value of the sanction.

Also, the Student Code of Conduct prescribes a range of sanctions for several policies, and case administrators and hearing panels are limited to those sanctions if the student is found responsible.

For Honor Council violations, the presumptive sanction is always removal from the College (i.e., suspension, indefinite suspension or dismissal), and only for significant reasons will the sanction be less than removal.

What are primary and secondary sanctions?
Every student who is determined to be responsible for violating a policy in the Student Code of Conduct or the Honor Code will receive at least one primary sanction. Primary sanctions range from a Warning to Dismissal. Please see pages 881-83 of the Student Handbook for a list of sanctions that can be assigned.

Secondary sanctions are sanctions that are assigned in addition to a primary sanction and can include education, service, restitution or similar assignments.

Click here for a chart of possible sanction ranges for a variety of violations.

What if I am already on probation and commit another violation?
"Probation constitutes a warning that further misconduct or violation of College regulations during the period of probation will be referred to the appropriate committee or administrative officer and may result in the student's separation from the College."

If you are on probation and you violate another policy, then you could likely be removed from the College. Thus, you should be extremely thoughtful about your behavior and should make every effort to avoid future violations. To that end, you should take time to familiarize yourself with the Student Code of Conduct as it is listed in the Student Handbook.

Also, if you have previously been placed on probation for a violation, and you commit a similar violation, you could still face removal from the College.

Can't I just do community service to make up for my violation?
No. All students who violate policy will at least receive one primary sanction. (See Sanctions on pages 81-83 of the Student Handbook) If the case administrator or panel determines that a secondary sanction such as community service is warranted and necessary, then a secondary sanction may be assigned and could include community service.

What types of community service are acceptable if I am assigned community services as a secondary sanction?
If the hearing panel or case administrator assigned a specific type of community service, then you must do that type of service unless otherwise approved by the Dean of Students Office.

If no specific sanction was assigned, then you will want to pre-approve the service you are planning to complete to ensure that it will be deemed acceptable. Acceptable service could include working with the campus police, assisting campus facilities management, tutoring local children, or working at a homeless shelter or humane society.

Whether you were assigned a spcific type of service or not, you will be required to meet with Lauren Grainger of the Office of Student Volunteer Services both before and after you perform your community service.

How do I get reinstated after a judicial/honor withdrawal?
You must submit a request for reinstatement, in writing, to the Dean of Students office sometime during the regular semester (fall or spring) immediately prior to the one you for which you are hoping to be reinstated.

If you were suspended for a finite period (i.e. through Spring 2008), reinstatement is automatic unless there are other encumbrances on your record (i.e., additional judicial violations or an academic withdrawal). You will still need to apply for readmission through the Dean of Students Office.

If you were suspended indefinitely from the College, a reinstatement hearing will be scheduled at which you may present information related to being reinstated. The administrator or hearing panel will then make a decision regarding your reinstatement. If you are reinstated, you will still need to complete a readmission form in the DOS office in order to return to the College.

ALCOHOL VIOLATIONS

What are some common sanctions for underage alcohol use?
Any student who violates the alcohol policy could receive any sanction from a warning to dismissal from the College.

Sanctioning depends upon the nature and circumstances of the violation in addition to several other factors (see How do you determine sanctions?), but in general:

First violation: Warning or Probation, alcohol education, other task or service participation

Second violation: Probation or higher, intense education, treatment, possible service, other appropriate sanctions

Third violation: Suspension or higher, intense education, treatment, other appropriate sanctions

Why are some students assigned Alcohol.edu, some assigned Back on Track and some not assigned any alcohol education?
The College assigns sanctions that are appropriate to the violation and designed to address any underlying issues. Thus, the sanction assigned depends upon the nature of the violation. Usually, however, Alcohol.edu, Back on Track or some other form of alcohol or substance abuse education and/or counseling will be assigned for alcohol related violations.

What do Alcohol.edu and Back on Track cost and involve?
Alcohol.edu is a substance abuse web-based program that consists of an educational component and surveys.

Back on Track is a substance abuse education program that consists of the following:

  • an initial intake meeting with the campus substance abuse educator;
  • the completion of a Choices program;
  • an exit interview.

Proof of completion of Back on Track must be submitted to the Dean of Students Office for the sanction to be considered complete. Because Alcohol.edu is a web-based program, the Dean of Students Office has the access rights to know when a student has completed the course.

There is a fifty dollar charge for Alcohol.edu and an eighty-five dollar charge for Back on Track. These fees offset the costs of course materials and license fees.

What if I can’t pay for Alcohol.edu or Back on Track?
If you have significant extenuating circumstances, you may speak with Courtney Dowell, Substance Abuse Educator, in order to work out a payment plan.

What if I already went through Alcohol.edu or Back on Track?
Then you might be referred to some other sort of alcohol or substance abuse program and/or you might be assigned to have an initial meeting with a substance abuse specialist.

CONFIDENTIALITY AND NOTIFICATION

Will my parents find out?
If you have given us permission to notify your parents, your parents will receive a copy of the outcome a few days after your case is resolved.

All students are encouraged to fill out the parental release form in the Dean of Students office indicating their preferences for parents to receive financial, academic and judicial information. Students may change their preferences at any time. The College can choose to notify parents even when a student has requested that it not do so, but only in specific and extenuating circumstances. Regardless of the above, we encourage students to discuss their behavior and the related consequences with their parents. It is all part of having a mature, honest, adult relationship.

I want to go to graduate/law/medical school. Will potential schools find out about my disciplinary history?
More than likely, yes. Most graduate, law, and medical schools request information about a student's disciplinary history. Students who are sanctioned with any form of separation (indefinite suspension, suspension, or dismissal) from the College will have a permanent judicial file at the College. Students who are assigned a sanction less than suspension will have a judicial file until they graduate from William and Mary.

For warnings, during the eighth week of the fall spring semesters, the Dean of Students Office will expunge the warnings for all students who have applied for graduation. Senior students may also petition for the removal of warnings prior to the eighth week of the fall and spring semesters if necessary.

However, in most cases, you will have to inform graduate schools of your disciplinary history, and they will most likely verify the information with us.

Keep in mind that your disciplinary history may or may not affect your admission. You will want to discuss your history with the admissions staff of the potential schools if you are concerned.

Will this affect my playing on a team?
It could. If a student receives a sanction of Probation with Loss of Privileges, then the student will be removed from all College, fraternal, and/or other student extracurricular or social activities for a specified period of time. This includes athletic teams. Also, coaches may take independent action for a violation separate from any judicial proceeding.

Will my coach find out?
We do not automatically notify coaches of players' violations, and usually only do so if the behavior in some way affects the team or was related to a team event. However, we do encourage you to be forthright with your coach and to accept responsibility for violations. This approach is always better in the long run than a coach finding out by accident from someone else.

Will my professors find out I am facing judicial/honor action?
We will communicate limited and appropriate information to faculty members if judicial or honor action affects the class in some way (e.g., if you are given a grade penalty or are separated from the College).

Will my judicial case affect my academic record?
If you are found responsible for violating a policy, and if you are removed from the College (suspended, indefinite suspended, or permanently dismissed), a notation will be placed on your transcript during the dismissal time period. Once your status is restored to good standing, this notation will be removed. For sanctions less than removal, your transcript is not affected. For permanent dismissals, the notation will indefinitely remain on your transcript.

Also, the Dean of Students office will create and maintain a judicial file related to the incident for a certain time period. If you receive a sanction of suspension, indefinite suspension, or permanent dismissal, we will maintain a permanent judicial file in our office. If you receive a sanction less than suspension, we will maintain the judicial file until such time that you graduate, although warnings will be removed from graduating seniors' records during the eighth week of their graduating semester..

APPEALS

Can I appeal the outcome of my informal resolution or hearing? If so, who hears the appeal?
All students found responsible for a violation have the right to appeal. All appeals must be submitted to the appropriate appellate authority in writing within five days of the date of resolution.

Appeals of Informal Resolutions: If a student receives a sanction less than probation with loss of privileges, the appeal will be reviewed by the Dean of Students. If the sanction is higher than probation with loss of privileges, the appeal is reviewed by the appeals committee which is composed of two students, one faculty member and one administrator. Appeals of informal resolutions can only be based on severity of sanctions.

Appeals of Less Serious Administrative Hearings and All Hearing Board Decisions: The Dean of Students will review the written appeal. Grounds for this type of appeal are listed in the Student Handbook, pages 79-81.

Appeals of More Serious Administrative Hearings and All Judicial Panel Decisions: The appeal will be directed to the appeals committee for review. Grounds for this type of appeal are listed in the Student Handbook, pages 79-81.

In addition, in cases involving a crime of violence, the victim also has the right to appeal.

Will I have the opportunity to talk with the person or committee that reviews my appeal?
In general, the student's written appeal and the case record are reviewed by the committee, and the student will not be asked to appear.

JUDICIAL COUNCIL

What is the Judicial Council?
The Judicial Council is a College-wide committee consisting of graduate and undergraduate students, members of the faculty, and College administrators. Council members serve as hearing officers for incidents of misconduct and also coordinate outreach and educational programming on campus.

How is the Judicial Council selected? How do I apply?
The Council conducts a selection process for the undergraduate members in the spring for members to serve a one year term. Faculty members are appointed by the Provost and administrators are appointed by the Vice President for Student Affairs. Graduate students are selected by each school. Interested undergraduates are invited to submit an application which will be available in the mid-Spring semester. Candidates are then chosen for interviews and subsequently selected for membership by a committee. You may contact the Dean of Students office for more information.

Office of the Dean of Students  ·   P.O. Box 8795   ·   Williamsburg, VA 23187-8795
(757) 221-2510 (Voice)  ·  (757) 221-2302 (TDD)  ·  (757) 221-2538 (Fax)  ·  doscom@wm.edu
Location:  109 Campus Center via Jamestown Rd.

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