Overview of the Student Judicial Process

To access a one-page flowchart of the complete judicial process, click here.

NON-ACADEMIC MISCONDUCT

Pre-Hearing Conference

Most instances of non-academic misconduct (such as unlawful use/possession of alcohol or violations of Residence Hall policies) are resolved during informal "pre-hearing conferences." 

 

Pre-hearing conferences offer the accused student an opportunity to learn about the judicial process and, if the student wishes, resolve the student's case by accepting responsibility for his/her misconduct and its attendant sanctions.  If a student agrees to accept responsibility at this level, the pre-hearing conference is the final disposition of the accused student's case and is not subject to further review or appeal. 

 

If a student does not wish to resolve the case during a pre-hearing conference (either because the student does not believe he/she is responsible for the alleged misconduct or the student believes the sanctions are inappropriate for the violation), the student will be afforded the opportunity to participate in a formal hearing. 

Formal Hearing

During a formal hearing, an accused student will have the opportunity to present his/her version of the incident; present witnesses supporting the accused student's position; respond to adverse witnesses called by the University; and discuss the impact of the student's involvement in the incident and/or related adjudication process(es).  A sample listing of procedures that may be followed at the hearing can be viewed here. 

 

A student learns the outcome of this hearing via a follow-up decision letter that is authored by the Hearing Officer and sent to the student's official ODU e-mail account.  Decisions generally follow within 5 business days, though this deadline is tentative and not necessarily binding.

 

Occasionally, OSJA will forgo the pre-hearing process and forward a case directly to a hearing.  This action is generally appropriate when the accused student is at risk of suspension or dismissal from the University or when the fact pattern of a case is particularly complex (such as in cases of alleged academic dishonesty or sexual assault).  

Appeals

Only students who attend and participate in a formal hearing have the right to appeal the decision of the Hearing Officer.  There are currently only four acceptable grounds for an appeal, and these grounds may be found on pg. 15-16 of the Student Disciplinary Policies and Procedures.

 

A panel of faculty and students comprise the Student Conduct Committee, which is the University's appellate board.  The Student Conduct Committee conducts all judicial appeal hearings and offers its recommendation to the Vice President for Student Affairs regarding the status of the appeal.  The Vice President may accept or reject the Committee's recommendation, and the Vice President's decision is final.

ACADEMIC MISCONDUCT

Academic misconduct cases (i.e. alleged Academic Dishonesty) follow a slightly different process.  Faculty who suspect academic misconduct may choose to meet with an accused student to discuss their concerns and reach an informal resolution.  If the student acknowledges violating a standard of Academic Honesty, the faculty member and the student may agree to sanctions, including a grade sanction if proposed by the faculty member.  If the student does not accept responsibility for the misconduct, the case is referred to OSJA for a formal hearing.  In some cases, faculty may choose to bypass meeting with an accused student and forward the case directly to OSJA for adjudication.  Regardless of which avenue is chosen, if the student is sanctioned for violating a standard of Academic Dishonesty, the Office of Student Judicial Affairs will defer to the faculty member's judgment regarding what grade sanction is appropriate for the violation.  OSJA may recommend a grade sanction, but ultimately grades are within the domain of faculty and cannot be assiged by OSJA.