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For Complainants

This webpage is meant as a guide/tool for complainants in UJC cases.  This is meant as a supplement, not a replacement for the information and advice that a complainant 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
Filing a UJC Case
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.

Filing a Case

Any person who believes that a University student has violated one of the 12 Standards of Conduct can bring that student up on UJC charges. The person who brings the student(s) up on charges is referred to as the "complainant," and must fill out a Complaint Form online.

The Standard Complaint Form must be filed with the UJC within 45 calendar days of the day upon which the complainant knew or should have known the identity of the accused.

Pre-Trial Timeline

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

  1. A letter will be sent to you from the UJC informing you the date, time, and place of 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 you and the accused student 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 the accused student how they plead to the charges against them.  Depending on their 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 the accused student was found guilty, then the trial for sanction will begin immediately.  If the accuse student was 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 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 apply during UJC proceedings and you are expected to answer questions honorably.

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?

It is the accused student's option to have an open trial or not.  The complainant has no say whatsoever.

What is the UJC's confidentiality policy?

Everything must be kept entirely confidential, only the accused may publicly release information pertaining to the case (the complainant may not release information).  Violation of this policy is a violation of the Standards of Conduct.

 What sanction will the accused student 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.

 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?

The right to appeal is a right that only the accused student may exercise.  Complainants may not appeal the decision of the trial panel.

What is a Hearing Panel?

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

How do I drop charges? 

Charges may be dropped by completing the Drop Charges Form (requires Adobe AcrobatPDF Document) which can be found on the UJC website.



The University Judiciary Committee © 2009 | Contact the UJC Chair , Michael Chapman (mac9jb@virginia.edu)