For Accused Students

This webpage is meant as a guide/tool for students who have been accused of violating any of the University of Virginia Standards of Conduct. This is meant as a supplement, not a replacement for the information and advice that an accused student may receive from his or her counselor.  If any questions persist after reviewing the information below and the UJC website, please contact either your counselor or the UJC.

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Mission of the UJC
Students Rights and Responsibilities
Pre-Trial Timeline
Trial Procedures
FAQ’s

Mission of the UJC

The UJC is charged with the mission of preserving and promoting a community of respect, safety, and freedom at the University of Virginia. Every student plays an important role in the Judicial System at UVA. It is important to note that the UJC and the Honor Committee are completely separate entities. While the Honor Committee deals strictly with lying, cheating, and stealing and has the single sanction of expulsion, the UJC hears all cases involving violations of the University Standards of Conduct, and can impose any sanction ranging from oral admonition to removal from the University.

Students Rights and Responsibilities

Accused Rights and Responsibilities Form (requires Adobe Acrobat)

As an accused student, you shall be entitled to exercise the following rights:

1. To be given a written summation of the charges against you.

2. To be given reasonable notice of and reasonable time to prepare for a hearing before the Committee.

3. To be given the name(s) of your accuser(s) and the right to confront him/her (them).

4. To be informed of the nature of evidence to be used against you.

5. To refuse to give any statement which you feel may incriminate you during the investigation or trial, however, the Committee may draw a negative inference from such a refusal.

6. To a fair hearing, including the right: 
   a) To plead not guilty; or to plead guilty in which case the hearing will proceed directly to a hearing of evidence to determine an appropriate sanction;
   b) To have all proceedings against you held publicly or privately at your election; except in those cases where the alleged offense involves a breach of confidentiality. The Committee shall have the authority to establish guidelines for any public proceedings. The request to have public proceedings must be made at least five academic days in advance of trial date;
   c) To discuss any information regarding your case with any person, except where the alleged offense involves a breach of confidentiality. Under these cases procedures established in the University Judiciary Committee’s Constitution Article IV Section B-7.b shall supersede your right;
   d) To representation of your choosing from the student body of the University of Virginia;
   e) To confront and cross-examine witnesses against you;
   f) To challenge any judges of the trial panel for cause or any conduct during the proceedings that may prejudice any of the foregoing rights, the sustainment of which is subject to a vote of the Committee.

7. If found guilty, the right to appeal the verdict and/or sanction to the University Judicial Review Board. Appeals must be made in writing no later than two weeks after the trial date and must state specific grounds for an appeal. A copy of any appeal must also be submitted to the University Judiciary Committee.
    

 As an accused student, you also bear the following responsibilities:

1. To cooperate fully with the investigator at all times.

2. To give truthful testimony (not construed to violate Right #5).

3. To inform witnesses on your behalf of the date, time, and place of the trial, and to ensure that they appear at the trial.

4. To bring all information pertinent to your case available at the time of the trial. Should you fail to do so, this shall not be considered an appropriate grounds for appeal.

5. To appear at any proceedings in which reasonable notice was given. Failure to do so may result in a trial in absentia.

Pre-Trial Timeline

After a case is initiated with the UJC the following will happen:

1. 1. A letter will be sent to you from the UJC informing you of the alleged violations that you have been charged with; the date, time, and place or your UJC trial; and the name of the UJC counselor that has been assigned to you for your case.

2. Your counselor will contact you to set up an appropriate schedule to meet and go over your case.

3. You will be contacted by a UJC investigator as he/she performs their investigation of the case.

4. You will meet with your counselor and prepare for your trial as needed leading up to and including the day of the trial.

Trial Procedures

The trial room is set up very similar to an actual court room.  The judges for the trial sit in front of everyone.  The complainant, the accused student, and their respective counselors sit at their own tables on different sides of the room.  In the middle of the room is a podium from which counselors give their opening and closing statements, and the witness chair where witnesses will provide testimony during the trial.  Also present in the trial room are the UJC investigator and UJC educator assigned to your case.

Every trial begins with an introductory statement given the trial chair, who is a judge, a member of the UJC’s executive committee, and will be the person presiding over the trial.  After this statement the trial chair will ask the complainant and you the following questions:

1. Have you had adequate time to prepare for your case?
2. Have you been advised of your right to Counsel?
3. Have you been informed of your right to call witnesses?
4. Are there any Judges sitting before you whom you feel are unable to be fair and unbiased in this proceeding?

At this point the trial chair will ask you how you plead to the charges against you and you will answer either guilty or not guilty to each of the standards of conduct that you have been charged.  Depending on your answer the hearing will either move into a trial for guilt or a trial for sanction.  Either way, both will follow the same basic format and will roughly follow this order:

1. Opening statements by counselors from both sides.
2. The Complainant will present their case with their witnesses, which you and your counselor will have the opportunity to cross-examine.
3. You and your counselor will then have the opportunity to present your case and call your witnesses.
4. Closing statements by counselors from both sides
5. Everyone will leave the trial room and the trial panel will make their decision.
6. If it was a trial for guilt and you were found guilty, then the trial for sanction will begin immediately.  If you were found not guilty, or it was a trial for sanction, then the proceeding is over.

FAQ’s

What is the difference between the trial for guilt and trial for sanction?

Although each trial follows the same format, the trial for guilt focuses strictly on whether or not the alleged events occurred, and if so, whether these events are in violation of the specific standards that have been charged.  For this reason, all witnesses and evidence are presented with regard to the specifics of the incident: (who, what, where, when).

The trial for sanction, on the other hand, is intended to discuss any mitigating factors and motives that led the accused to violate the standards in question.  During the trial for sanction the counselors may discuss past disciplinary records, character patterns, extra-curricular involvement, psychological distress, or any other extenuating circumstances.  The trial for sanction also provides the accused with an opportunity to express what they have learned from the incident.  The purpose of the trial for sanction is to arrive at an educational yet appropriate sanction aligned with the goals of the UJC.

What happens during questioning?

During the trial proceedings the Complainant, Accused, and any witnesses may be called to testify.  You will be asked questions first by your own counselor.  Opposing counselors have the ability to cross-examine witness, so expect questions from the opposing counselor too.  The judges on the trial panel may also ask you questions if they feel the need for any clarification.  The goal of the UJC is to find the truth and to formulate the appropriate response, so all of the questions that you are asked are asked in this light and are not meant to be intimidating or hostile in any way.  It is important to remember that the tenets of the Honor System do hold during UJC proceedings and you are expected to answer questions honorably.

Do I have the right to “plead the 5^th” and not answer a question?

Yes, you do.  You have the right not to give any statement that you feel may incriminate you, but it is important to note that unlike in the criminal justice system, during a UJC proceeding the trial panel may make any inference that they wish from such a refusal and it may be negative.

 Who are the judges?

The trial panel is made up of 5 judges, one of which is the trial chair who will conduct the proceeding and is a member of the UJC’s Executive Committee.  These judges come from the 21 UJC representatives that are elected by the student body; there are two from each school and three from the College of Arts and Sciences.  With the exception of the trial chair, the judges are unaware of any of the details of your case before the trial begins. You have the right at the beginning of the trial to object to any member of the trial panel that you feel may not be completely fair and unbiased during your case.

What is the goal of the University Judiciary Committee?

To maintain and promote a community of respect, safety, and freedom.

Can I have an open trial?

Yes, confidentiality is a right that only the accused student is permitted to waive.

 What sanction will I receive?

There are neither codified nor established sanctions for specific offenses and the trial panel has unlimited leeway in crafting a sanction.  The trial panel considers the circumstances of the incident, the Accused student’s past record, and other evidence presented during the proceedings to craft a sanction that is uniquely appropriate for each student in each situation.

 What should I wear to trial?

Business casual is the minimum expectation for a trial appearance. It is important to keep in mind that you professional appearance is often taken as an indication of how seriously you perceive the charges brought against you.

 Who may represent me?

Any student in the University Community may represent you in trial, or you may choose to represent yourself.  A UJC counselor is assigned to every case, however, and they have been extensively trained and are well informed regarding UJC protocol.  You may not have a professional lawyer represent you in a case, though they may be present in the trial room.

 May I appeal the decision of the trial panel?

You may appeal the trial panel’s the decision to the Judicial Review Board.  There are three grounds for appeal: unduly harsh sanctions, new evidence that could have changed the outcome of the trial and was not available before the trial, or procedural error that was detrimental to your case.  Appeals must be made in writing within two weeks of the trial panel’s original decision and you must provide the UJC with a copy of your appeal. The Judicial Review board is composed of students, faculty members, and administrators and exercises appellate jurisdiction over decisions of the UJC.

Hearing Panels

During any stage of the investigation of a case before the UJC or the First Year Judiciary Committee, a case may be heard informally before a hearing panel. Either party may request a hearing panel.

1.         A hearing panel is composed of the Chairperson of the Committee or one of the Vice Chairs and two other judges from the committee. The panel bases its decision solely on the Investigator's report. Neither party addresses the trial panel in person.

2.         Requirements for a case to be heard before a hearing panel are as follows:

a.         The accused must admit guilt and must be a first-time offender.

b.         The offense must be minor.

c.         Both parties must agree to have the case moved to the hearing panel.

3.         Despite the fact that a particular case appears to meet the criteria for a Hearing Panel set forth above, the hearing panel chair may deny any request for a hearing panel in his or her sole reasonable discretion.

4.         If at any time during the hearing, the hearing panel chair decides that a trial is needed to clarify facts, ensure fairness, or for any reason s/he deems appropriate, then a trial will be arranged.

5.         All committee by-laws concerning appeals and reviews by the vice-president for student affairs apply to the hearing panel.