Rights of a Charged Student
The following privileges are extended to a student who has been notified that his/her conduct is being investigated before a possible judicial board hearing or who has been charged with an alleged violation that will be resolved through a judicial board hearing:
- The right not to comment on or provide information about an infraction which he/she allegedly committed. If a student elects to provide information about an incident, he/she is expected to provide honest, accurate, and complete information. Providing information that is false, incomplete, or misleading may result in additional disciplinary action.
- The right to identify a member of the campus community (current Lynchburg College student, faculty, or staff member only) to serve as a hearing advisor and to be accompanied by an advisor at investigation, hearing, and appeal proceedings. During a hearing, an advisor may accompany the charged student in the hearing room whenever the charged student is present and counsel the charged student; however, an advisor may not participate actively in the hearing.
- The right to be provided with written notification of the nature of the charge(s) within five class days after an investigation has been completed ("class days" do not include Saturdays, Sundays, examination periods, student holidays, summer terms, and days on which College classes are canceled due to inclement weather or other circumstances);
- The right to a fair inquiry within 20 class days after being charged, unless the charged student requests and receives a delay in the hearing schedule;
- The right to have at least three class days prior to a hearing to prepare for a hearing, except in cases involving interim suspension, at the end of an academic semester, or during summer term;
- The right to express a preference regarding whether or not the hearing will be open to the campus community (current Lynchburg College students, faculty, and staff members only), except in cases of alleged sexual misconduct for which hearings are always closed;
- The right to present information orally or in writing during the hearing;
- The right to request that the Office of the Dean of Students call to the hearing witnesses (current Lynchburg College students, faculty, or staff members only) who have first-hand knowledge of the alleged infraction, without guarantee that the request will be granted;
- The right to provide information to the hearing panel from one character reference (current Lynchburg College student, faculty, or staff member only) either by inviting the character reference to speak during the hearing or by submitting a written statement from the character reference during the hearing;
- The right to suggest relevant questions for the hearing panel to direct to witnesses. The hearing panel decides whether to ask the questions, which may include rephrasing;
- The right, in cases where the charged student desires to accept responsibility for all charges, to waive the presentation of the information concerning charges and to proceed to determination of sanctions (see Hearing Procedures Part G or Sexual Misconduct Policy Hearing Procedures Part F). (NOTE: If a single charge includes both an A-level and a B-level option, the charged student must accept responsibility for the A-level option when waiving the presentation of information concerning charges.);
- The right to be advised in writing of the results of the hearing; and
- The right to submit a written appealof the judicial board's decision on the grounds of:
- new information not available at the time of the hearing that likely would significantly alter the hearing panel's understanding of the case;
- sanction(s) disproportionate to the severity of the violation(s); and/or
- incorrect procedure that substantially impacted the fairness of the hearing.
Letters regarding charges of alleged infractions issued, scheduled hearings, and hearing results sent to a student's local address listed in College records constitutes full and adequate notice. A student's local address is one's campus mailbox (full-time undergraduates only) or College e-mail address. Failure of a student to provide an address change or forwarding address, or failure or refusal to pick up, accept, or read letters, does not remove the student's obligation to adhere to any instructions, sanctions, or deadlines issued in the letters or constitute a procedural error for which the student may be granted a hearing appeal.