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Section VI. Student Conduct Procedures

A. Charges and Resolution of Charges
    1. Any student, member of the faculty, administration, support staff, visitor or guest to the campus community may file reports alleging possible student misconduct.  The Director of Student Conduct will review all reports and determine the appropriate course of action to be taken.
      Incident Report Form
    2. Any alleged violation should be submitted as soon as possible after the event takes place. If an alleged violation is not reported within four months of the time it becomes known by the reporting party, it will be considered untimely unless the Director of Student Conduct concludes that there has been good cause for the delay and that it is still feasible to hold a fair hearing.
    3. The person filing a report need not be the actual victim of the conduct.
    4. Upon receipt of a written report of misconduct, the Director of Student Conduct or designee shall determine if the alleged misconduct is unfounded or frivolous, and if so, he or she shall dismiss the report.  The Director also will make a determination of the potential level of seriousness of a particular report.se

a.  Levels of Seriousness

i.  "Warning" cases are those in which the student faces no more severe a primary sanction than a Warning (The Case Administrator may assign secondary sanctions as appropriate.).

ii.  "Less Serious" cases are those cases in which the alleged violation might result in a sanction between a Warning and Probation with Loss of Privileges. 

iii.  "More Serious" cases are those cases in which the alleged violation would likely result in a sanction of removal from the College's residence halls, Probation with Loss of Privileges, Suspension, or Permanent Dismissal from the College. 

B. Information Session
  1. If the Director of Student Conduct does not dismiss the allegation, the student or official representative of the student organization shall be directed to appear for an information session with a Case Administrator.  This session is an opportunity for the student to receive information about the conduct process, including options for adjudication, and to discuss the report with the Case Administrator and respond on his or her behalf, or on behalf of a student organization, although the student is not required to make a statement.
  2. After the information session and any appropriate investigation, the Case Administrator will dismiss the report if unfounded.
  3. If a student fails to appear at the information session after proper notification, the Case Administrator may further investigate and dismiss the report if unfounded, place a hold on the student's records (which prevents a student from registering or engaging in other transactions with the College), or prepare written charges and notify the student or representative of the student organization (hereafter referred to as the "charged party") that the matter has been scheduled for a hearing.
C. Permanent Resignation

Within 72 hours of notification of a pending conduct case, a student may choose to resign permanently from the College if the Dean of Students approves this option. If approved, the Dean of Students will direct that the student’s official records, including the transcript, will carry the following designation “Resigned under suspicion of a serious violation of the Code of Conduct. Ineligible to return.” The student must certify, via a notarized letter, that the student understands that he or she will never seek or receive admission into any William & Mary program in the future. The student will not be able to be present on campus and will leave the College not in good standing.

D.  Adjudication Options
  1. If the Case Administrator does not dismiss the report after the information session, the student or organization may elect to resolve the case through one of the following three options:

    a. Administrative Resolution: If the charged party and the Case Administrator agree to a written summary of facts, and the charged party executes a written waiver of a hearing, the charged party may resolve the case informally with the Case Administrator.  The Case Administrator will assess a sanction and appropriately inform the student.

    i.  If the Case Administrator determines that a case cannot be resolved through the Administrative Resolution process, he or she can mandate that a hearing take place. The type of hearing will still be the choice of the student or organization (except in cases of Sexual Misconduct - see also Appendix I)

    ii.  For "Warning" cases, the student may resolve the matter via Administrative Resolution or Administrative Hearing, but not via a Panel Hearing. 

    b. Administrative Hearing: The charged party may elect to resolve the case through a hearing with the Case Administrator.

    c. Committee Hearing: The charged party may elect to resolve the case through the appropriate committee via formal hearing.

  2. Timeline.  The charged party will have two full working days to decide upon an adjudication option unless the Case Administrator grants an extension for good cause.  Once made, this election is irreversible.  If the charged party does not inform the Case Administrator of his or her election within two working days after the Information Session, the lack of notification will be deemed a waiver of the party's right to dispute the report, and the Case Administrator may resolve the report based on the information available without the need for a formal hearing.   
  3. Appeal.  The charged party retains the right to appeal regardless of the method of adjudication selected.  Depending upon the method of adjudication, the grounds for appeal may be limited. (See Appeals of Student Conduct Actions, Section VIII).
E. General Adjudication Procedures
    1. Rules of evidence and "second hand" information. College proceedings do not follow the rules of evidence employed by courts of law.  Information that does not come from a first-hand source may be considered if the chair or administrator handling the case determines that the information is reliable, although a finding of responsibility may not be premised solely on such information. Lie detector/polygraph evidence is not permissible.
    2. Separation of witnesses. During the course of a hearing, the chair may separate witnesses to preserve the independence of their testimony.  If separated, no witness who has already provided testimony may have contact with any witness due to testify.
    3. Support for Charged Party

a.  Student or Administrative Counsel.  The charged party may elect to be represented/assisted by a currently-enrolled student of his or her choosing.  In "more serious" cases the student may petition the Director of Student Conduct (or designee) to appoint an administrator to serve in place of student counsel.  A counsel may not give testimony during the hearing.

b.  Silent Supporter.  The charged party may elect to have one silent supporter present. Silent supporters will not participate in the proceedings or serve as witnesses. 

i.  Presence of Legal Counsel. Legal counsel may serve as a student's silent supporter provided the student has informed the Case Administrator in writing at least two working days prior to the hearing. Legal counsel will not participate in the proceedings unless the chair or administrator hearing the matter determines, when requested by the charged party, that the hearing exposes him/her to potential criminal action outside the College's conduct process. The determination regarding the participation of legal counsel is final, and legal counsel will participate only to the extent authorized. Under no circumstances will the attorney be permitted to question witnesses or other parties to the proceedings, or to serve as a witness.  The College may have its own legal counsel or advisor present if a student opts to have legal counsel present. 

F. Procedures for Committee Hearing and Administrative Hearing
    1. Charges. If the charged party chooses to resolve a case via a hearing, the Case Administrator will prepare formal written charges and notify the student.
    2. Timeline. Charges normally will be heard within ten working days of when charges are brought except in unusual cases where 1) the Dean of Students grants a postponement to the Case Administrator, or 2) the party responsible for hearing the matter grants the charged student a postponement, or 3) when a College break makes a hearing impractical.  A case may not be heard in fewer than four working days unless the student waives in writing the four-working-day time period.
    3. Committee Hearing Procedures

a.  Types of Committee Hearings

i.  A Student Panel hears "less serious" cases (as defined in Section VI.A.4.) when a student requests a committee hearing.

ii.  A Conduct Board hears "more serious" cases (as defined in Section VI.A.4.) when a student has requested a committee hearing.

    1. Procedures for Student Panel Hearings

a.  Procedures.  Normally, informal procedures will be used in deciding "less serious" charges.  However, the student will be provided

i.  written notice of the charge(s);

ii.  upon timely request, a summary of the principal facts underlying the charge to the knowledge of the Case Administrator

iii.  the opportunity to respond on his or her behalf,

iv.  the opportunity to present relevant witnesses (although the Chair may limit testimony that is repetitive), and

v.  written findings of the outcome of the hearing.

b.  Panel Composition.  Three student members of the Student Conduct Council, at least two from the school in which the charged party is enrolled, will normally hear each case.  Each three-member panel will select one of its members from the school of the charged student as chair.  A fourth member, who may not vote or participate in any way in the hearing or deliberations of the Panel other than as record-keeper, will be designated as recorder.

c.  Authority of the Panel.  The Panel may determine responsibility for the charges issued and assess sanctions if the student is found responsible.  The panel will require a majority vote to reach decisions.

d.  Witnesses. The charged party has the responsibility to secure the presence of witnesses desired at the hearing. If the charged party notifies the Dean of Students in a timely fashion that a critical witness, one whose testimony will not be duplicative, is refusing to appear at the scheduled hearing, the Dean will examine the matter and assist if appropriate. The charged party may request that disciplinary action be taken against any student witness who refuses to appear or to testify so long as timely, appropriate, and verifiable notice was provided the witness. This action is authorized by the College regulation "Abusing the College Discipline System."  The Case Administrator will notify all available witnesses required to support the charges of the date, time, and place of the hearing.

e.  The Case Administrator will ordinarily present the information relevant to the incident and will recommend sanctions if the panel finds the charged party responsible for one or more violations.

f.  Determination of Responsibility and Burden of Proof.  The Panel will meet in closed session to determine whether the charged party has violated the Code as charged. At least two of the three Panel members must conclude that "clear and convincing" evidence establishes that a violation has occurred. 

g.  Determination of Sanctions.

i.  If the Panel finds the charged party responsible for one or more violations, the Case Administrator will brief the Panel regarding any previous violations of the Conduct or Honor Code by the student, any precedent for similar situations, any additional relevant information concerning the student's character, and any recommendations concerning sanctioning. The student may make a statement concerning sanctioning, and if desired, call character witnesses. The chair may limit the number of character witnesses (usually one).  The Panel then meets in closed session to determine an appropriate sanction and reconvenes to announce its decision.

ii.  At least two of the three members of the Panel must agree to the sanction(s) imposed. Any sanctions are not final until the Dean of Students issues a written decision to the student and any appeal is complete.

h.  Hearing Records.  The recorder and the chair will summarize the evidence presented and the findings of the Panel, including the reasons for the finding and sanction if the student is found responsible.  Normally, the chair will submit the summary to the Office of the Dean of Students within two working days of the hearing.

i.  Case Review and Notification. The Dean of Students or designee will promptly review the panel decision and may return for reconsideration or rehearing any finding and/or sanction that is inconsistent with College policy or practice.  The Dean may modify any sanction(s) not authorized by the Code of Conduct.  Normally, the Dean of Students/designee will notify the student in writing of the decision of the Board within two working days after the Board's summary is filed. 

j.  Appeal.  Appeals of Student Panel decisions will be reviewed by the Dean of Students or designee in accordance with the principles outlined under Appeals of Student Conduct Actions (Section VIII).

    1. Procedures for Conduct Board Hearing

a.  Board Composition.  Five Student Conduct Council members will comprise a Conduct Board: two students from the charged party's academic unit, one other student member of the Council, one faculty member from the charged party's academic unit, and one administrator.  The Director of Student Conduct will designate one of the three students as chair of the Council.  If the charged party is a graduate or professional student enrolled in a degree program in two different schools, student members will be appointed to the Board from both schools if possible.  The Chair will designate a sixth member of the Conduct Council, who may not vote or participate in any way in the hearing or deliberations of the Board other than as record-keeper, to serve as recorder.

b.  Recording.  Student Conduct Board proceedings will be recorded via digital media.

c.  Notification.  The Case Administrator will schedule a hearing with the Conduct Board and inform the charged party in writing at least 72 hours in advance of the date, time, and place of the hearing and of the exact charges at issue. The Case Administrator will also provide the charged party with the principal information in support of the charges of which he or she is aware at the time.

d.  Witnesses. The charged party has the responsibility to secure the presence of witnesses desired at the hearing. If the charged party notifies the Dean of Students in a timely fashion that a critical witness, one whose testimony will not be duplicative, is refusing to appear at the scheduled hearing, the Dean will examine the matter and assist if appropriate. The charged party may request that disciplinary action be taken against any student witness who refuses to appear or to testify so long as timely, appropriate, and verifiable notice was provided the witness. This action is authorized by the College regulation "Abusing the College Discipline System." The Case Administrator will notify all available witnesses required to support the charges of the date, time, and place of the hearing.

e.  Postponement. A charged party may request one postponement of the hearing, citing the reasons for the request in a written statement to the Case Administrator at least two working days in advance of the hearing, if possible. The charged party should provide supporting documentation where appropriate. The Case Administrator, in her or her discretion, may grant a postponement for good cause.

f.  Conduct of the Hearing.  The chair is responsible for the conduct of the hearing and will follow the conduct procedures as outlined on the student conduct website.

g.  Determination of Responsibility and Burden of Proof.  The Board will meet in closed session to determine whether the charged party has violated the Code as charged. At least four of the five Board members must conclude that "clear and convincing" evidence exists to prove the charge(s). 

h.  Determination of Sanctions.

i.  If the Board finds the student responsible for one or more violations, the Case Administrator will brief the Board regarding any previous violations of the Conduct or Honor Code by the student, any precedent for similar situations, any additional relevant information concerning the student's character, and any recommendations concerning sanctions. The student may make a statement concerning sanctions, and if desired, call character witnesses. The chair may limit the number of character witnesses (usually  one).  The Board then meets in closed session to determine an appropriate sanction and reconvenes to announce its decision.

ii.  At least four of five members of the Board must agree to the sanction(s) imposed. Sanctions are not final until the Dean of Students issues a written decision to the student and any appeal procedure is complete.

i.  Hearing Records.  The recorder and the chair will summarize the hearing, the evidence presented, and the findings of the Board and indicate the reasoning for the finding and any sanctions assigned.

j.  Filing with Dean of Students. The chair normally will file the summary, the recording, and all evidence within two working days with the Dean of Students.

k.  Case Review and Notification.  The Dean of Students or designee will promptly review the case documents and decision and will return for reconsideration or rehearing to the Conduct Board any finding and/or sanction that is inconsistent with College policy or practice.  The Dean may modify any sanction(s) imposed that are not authorized by the Code of Conduct.  Normally, the Dean of Students will notify the charged party in writing of the finding of the Board and any sanctions assigned within two working days after the Board's summary is filed.

l.  Written decisions and findings.  The charged party will be notified in writing of the decision in his/her case and the findings on which it was based. 

m.  Appeal.  Normally within two working days after written confirmation of the results of the hearing are provided, the Dean of Students or designee will be available to the charged party student to discuss the impact of the decision and to provide information about the appeal process. See Appeals of Student Conduct Actions (Section VIII.)

    1. Procedures for Administrative Hearings. If the charged party elects to have the charges heard in an administrative hearing, the procedures outlined under "Procedures for Student Panel Hearings" or "Procedures for Conduct Board Hearings" above will be followed with appropriate allowances for the differences in structure.
    2. Modified Procedures for Alleged Crimes of Violence or Hazing

a.  Modified Procedures for Crimes of Violence or Hazing:

i.  If a case of alleged crime(s) of violence (18) or hazing is not resolved via Administrative Resolution, the reporting party will be granted the following additional rights

a.  The reporting party may have present at the hearing a supporter of his/her choosing. The support person will not participate in the hearing process and will be bound by the rules of confidentiality governing the hearing.

b.  The reporting party may choose to be physically separated from the charged party during hearing proceedings. The party must indicate this choice at least two working days prior to the hearing.

c.  The Dean of Students or designee will provide the reporting party with notification of the final outcome of a conduct proceeding and any sanction(s) imposed as permitted by law.

d.  The reporting party has the right to appeal (see Section V).


(18) As defined in Title 18 of the U.S. Code Section 16.