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What is the purpose of the judicial system?

The judicial system is an educational tool with two main objectives: to hold students accountable for unacceptable behavior and to modify those behaviors deemed unacceptable by the university. The system strives to address unacceptable behavior in a manner that informs and guides students toward a greater sense of personal responsibility and toward more mature and ethical behavior.

The University Judicial System affects and applies to all currently enrolled students and to student organizations that are officially listed with the Office of Leadership and Student Organization Programs. Its major purpose is to help create a fair, just, and disciplined university community. The University Judicial System supports the educational mission of the university by educating students about appropriate behavior and by fostering a community in which academic success can occur.

What rights do students have in the judicial process?

Charged students and organizations have several rights. Each case will be judged solely on the information presented in the hearing. A complete listing of rights may be found in University Policies for Student Life. Before the hearing, charged students and organizations have the right to obtain an advisor and the right to be notified of the charges. Should a charged student or organization decide not to attend a judicial hearing, it may be rescheduled or it may be held without the charged student or organization present.

At the hearing, charged students and organizations have the right to challenge, with cause, the participation of any hearing officer or any member of a judicial committee. Charged students and organizations have the right to remain silent and will not be forced to answer questions. Charged students and organizations may testify on their own behalf; present their own witnesses; and hear, question, or rebut any and all information presented by the referral agent. Finally, charged students and organizations have the right to appeal the decision reached by the judicial officer or judicial committee.

What is a judicial hearing like?

Many students have erroneous conceptions about what happens in a judicial hearing. At Virginia Tech, hearings are primarily a forum for the fair presentation of various points of view concerning a specific incident. Hearings follow a standard agenda designed to encourage orderly discussion. First, the hearing agenda is reviewed and rights are discussed with the charged student or organization. The charged student or organization has the opportunity to enter a plea to each charge. After making a plea, the referral agent and then the charged student or organization is asked to comment on the incident.

Witnesses are asked to make statements individually, but are not present for the entire hearing. The hearing officer or members of the judicial committee may ask questions of those who have made statements. Finally, the referral agent and the charged student or organization may make summary comments; summary comments are not required. The referral agent then leaves, as his or her role in the hearing is complete. The charged student may be asked to leave the room at this point while the hearing officer or members of the judicial committee determine responsibility. Decisions regarding responsibility are made in private. Sometimes a decision may not be determined immediately in order to further review evidence.

If the accused is found responsible, an appropriate sanction will be determined. Charged students and organizations are notified in writing of the outcome of the case, and are sometimes asked to schedule a post-hearing conference to discuss the outcome and sanction(s) with the hearing officer.