Student Judicial Board and Administrative Board hearings are conducted according to the following outline, except when a charge of possible interpersonal misconduct (A3.1 or B1.5) is to be considered (see “Interpersonal Misconduct Policy Hearing Procedures”):
- Call to order;
- Signing of the Honesty Statement;
- Determination of whether the hearing is open or closed to observers from the campus community (current Lynchburg College students, faculty, and staff only). A hearing may be open to observers from the campus community only if both the charged student(s) and the accuser agree. When the College investigates a case, the Office of the Dean of Students or appropriate designee adopts the role of accuser. For both open and closed hearings, only currently Lynchburg College students, faculty, and staff may participate or attend.
- Reading of the charge(s) to be considered;
- Statement by the charged student of whether he/she is not responsible or responsible for the alleged policy violation(s);
- Presentation of information concerning charge(s), including the following components if relevant to the hearing but not necessarily in this order:
- Investigation report;
- Information from witnesses;
- Information from the charged student concerning his/her account; and/or
- Questions by judicial board members;
- Review of written statement from character reference, if provided;
- Summary comments by the charged student, if he/she elects to make them;
- Break for private judicial board deliberation, if the board determines that the charged student is responsible for one or more infractions, the board then also determines appropriate sanctions. If the hearing panel needs additional information to determine appropriate sanctions, the board may invite the charged student to return to the hearing room to respond to additional questions.
- Oral presentation of the board’s decision(s), which the charged student may elect to attend.
If an invited participant fails to attend the hearing, the hearing will proceed without the participant and a decision will be made by the judicial board.
Request to Omit Presentation of Incident Information
A student who has been charged with an alleged violation that will be resolved through a judicial board hearing may, prior to the deadline specified in the hearing notice, accept responsibility for all charges issued to him/her and request omission of the portion of the judicial board hearing in which incident information concerning the charges is presented to the hearing panel (see “Hearing Procedures” Part G). When the presentation of incident information is omitted, neither witnesses nor the case investigator participate in the hearing; however, during the judicial board hearing, the hearing panel may elect to discuss the incident informally with the charged student before deliberating to determine appropriate sanctions.
A charged student’s request for omission of the presentation of incident information is granted by the Office of the Dean of Students only if the following conditions exist:
- The charged student accepts responsibility for all charges of infraction issued to him/her – 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; and
- Any other charged student involved in the hearing also accepts responsibility for all charges issued to him/her and requests omission of the presentation of incident information – For a hearing involving more than one charged student, if any individual charged student does not request omission of the presentation of incident information, then that hearing portion is conducted for all charged students.
When a charged student’s request to omit the presentation of incident information concerning the charges is granted, the student retains the option to attend the hearing, the right to be accompanied during the hearing by a disciplinary process advisor, and the right to provide a written statement from one character reference to the hearing panel during the hearing (see “Rights of a Charged Student”).