Office of Judicial Affairs

Case Resolution Process

Introduction | Pre-Hearing | Hearing | Post-Hearing

[Visual representation of this process available!]

Introduction
At George Mason University, the conduct process is initiated when an incident is referred to the Office of Judicial Affairs (OJA).  Anyone can refer an alleged incident of behavioral misconduct. Upon receipt of a referral, the Office of Judicial Affairs will make a determination of whether or not the alleged incident is within its scope of operation. For those incidents falling under the scope of the Office of Judicial Affairs, the student(s) will receive an email notification from the OJA providing information on the case resolution process. The Office of Judicial Affairs reserves the right to investigate any incidents reported to the OJA.

It is important to know that when working with students who have found themselves as participants in the conduct process, we approach each incident as unique.  Cases are heard, and decided, on an individual basis taking each situation’s circumstances into account.  Our goal is to educate students about choices and to help them learn from past choices.

Pre-hearing
Before moving forward to a hearing, students are first afforded an opportunity to schedule a meeting with a professional staff member in the Office of Judicial Affairs.  This prehearing meeting is intended to ensure an understanding of the pending charges, the conduct process, and to provide the student the opportunity to choose their next step in the process. As it is the most commonly selected case resolution option, the initial notice sent to students will provide details for the pre-scheduled administrative hearing.

Students alleged of misconduct may resolve the incident in one of two ways. The student may meet with professional staff member for an Administrative Hearing or he/she can request a hearing with the student-run Community Adjudication Board (C.A.B.), based on board availability. Both processes will determine the student's involvement in an incident. Actively participating in this process is beneficial as the hearing process is a student's opportunity to respond to the pending charge(s).

Hearing
Though both hearing options are designed to determine the student's involvement in the alleged incident and both evaluate information similarly, the process followed to reach a decision differs.

Community Adjudication Board hearing
A Community Adjudication Board hearing is a student's opportunity to share, from their perspective, details from the alleged incident from their individual, first-hand experience. This presentation is before a board comprised of three undergraduate students who have applied, were selected, and have trained to serve on the Community Adjudication Board.

The procedure observed by the Community Adjudication Board closely resembles the following:
Each party will have an opportunity to present a narrative statement, beginning with the complainant. The complainant will be represented by the university and will present pertinent information, including any relevant documentation. The respondent, followed by the board, will then have an opportunity to ask clarifying questions. The responding party will represent him/herself and present pertinent information, including any relevant documentation. The complainant, followed by the board, will then have an opportunity to ask clarifying questions. Following this, each party will have an opportunity to present relevant witnesses to supplement the narrative account. Questioning of witnesses will follow.

When both parties have presented their case, each will be allowed a closing statement, beginning with the responding student. All parties will then be dismissed while the board deliberates. If the student is found responsible for the violation(s), the board will solicit a sanction recommendation from each party before offering a sanction recommendation to the Office of Judicial Affairs.

Administrative hearing
An administrative hearing is a student's opportunity to share, from their perspective, details from the alleged incident from their individual, first-hand experience. The hearing officer will first begin by ensuring an understanding of the pending charges, the rights afforded to the student respondent, and the general case resolution process. Following this, the student will be asked to sign the honesty statement before beginning his/her narrative account of the alleged incident. Both the hearing officer and student are afforded an additional opportunity for questioning prior to concluding the hearing.

Post-hearing
Following the hearing, the student will receive an email decision letter indicating whether or not they have been found responsible or not responsible.  If the student has been found "not responsible,” the charges will be dismissed.  When a student has been found “responsible,” the decision letter will detail any sanctions the student is then responsible for completing, as well as the date by which completion is required.

Upon receipt of the decision letter, students are afforded the opportunity to appeal the original decision.  It is important to note that a responding student may request an appeal only if one or more of the following conditions is present: evidence not available at the hearing which, had it been available, would likely result in a different finding; substantial procedural irregularity; violation of the standards of fairness used to govern conduct hearings.  Appeals are heard by the Dean of Students, or special designee, and determine the final outcome of any incident.