If you are the parent of a student that is involved in the Office of Housing and Residence Life (OHRL) judicial process, please understand that the policies and procedures that are followed are not comparable to a courtroom, but they do adhere to the due process rights of our students.    The following FAQs are not intended to replace information in the Guide to P.R.I.D.E. but to assist you in understanding our process.

1. Where can I find a copy of the Guide to P.R.I.D.E.?
   An up to date and printable version of the Guide to P.R.I.D.E is located at http://housing.gmu.edu.  Students receive a copy on a CD-Rom when they move-in.
   
2. Since I pay for my student’s tuition/housing, shouldn’t I have the right to know about any violations that he or she may be involved in?
   No.  In accordance with the federal Family Educational and Rights and Privacy Act of 1974 (FERPA), OHRL cannot contact or share information about a student’s judicial records without the student’s written permission. Each student receives a ‘Housing Student Consent to Release Records’ upon move-in.  The document can be completed and submitted to share information.  Housing staff are always available to discuss general information about the judicial process, University regulations, and related laws.  
   
   
3. Who will adjudicate my student’s case?
   Depending on the violation the case will be heard by the student-run Residence Life Conduct Board (C-Board), professional staff member(s) within the OHRL, or other designated University Official(s).  The final decision as to who will hear an OHRL Disciplinary or Contractual case is up to the Assistant Director of Residential Conduct or designee.  However, the University may also require an accused student to participate in the University’s judicial process through the Office of Judicial Affairs.
   
4. How long does the adjudication process take?
   That depends on the type of violation.  Cases heard by housing professional staff members can usually be handled in 7-10 days if the student(s) involved respond(s) promptly.  Residence Life Conduct Board hearings are typically scheduled on Fridays and can take 2-3 weeks or longer depending on the time in the semester and the complexity of the case.
   
5. What occurs in a hearing?
   1. A review of the charges will occur and the accused student enters a plea of “responsible” (acknowledgment of policy/procedure violation) or “not responsible” (student feels that no violation of policy/procedure occurred).  It is possible to admit responsibility for some violations, and not others.
   2. Student presents point of view/involvement in incident.
   3. Hearing Officer(s) ask questions and clear up information. This may include conversing with witnesses. For C-Board hearings, the accused also has the opportunity to ask the Complainant questions.  For all other hearings, the Incident Report serves as the primary information/evidence for adjudication.
      
6. How can my student prepare for his/her hearing?
   1. Carefully read the notification letter and any accompanying information sent by the Hearing Officer(s), C-Board, or OHRL regarding the allegations.  The Incident Report or description is the evidence/information regarding the incident, will be available at the hearing and is accessible upon written request prior to hearing.
   2. Consult the Guide to P.R.I.D.E and review the policies for which he/she is accused of violating.
      1. If, after reading the policy, your student realizes he/she is in violation, admit responsibility.
      2. If, after reading the policy, your student realizes he/she is NOT in violation, plea not responsible.  The student should spend time organizing his/her rationale, in writing, to present during hearing.
   3. Compile a list of eye-witnesses (people who actually witnessed the incident) who can verify the student’s role in or absence from the incident.  Notify Hearing Officer(s) of the intention to bring witnesses (at least a day in advance) and provide your Hearing Officer(s) with a written list of their names, contact information, and their anticipated testimony at that time.  Please note that the Hearing Officer(s) or C-Board will decide if these witnesses are deemed relevant.
   4. Consider if an Advisor is needed, if so contact that person. Notify the Hearing Officer(s) at least a day in advance of your intention to bring an advisor to your hearing.  The Advisor does not act as an advocate (or character witness) for the resident and is not authorized to address the Hearing Officer(s) or C-Board. Since Resident Advisors (RAs) are OHRL employees, they cannot serve as advisors to a student in a judicial hearing.
   5. Make notes concerning pertinent facts.
   6. Outline the main points of his/her statement.
   7. BE TRUTHFUL AND HONEST
   8. Consider contacting the Assistant Director of Residential Conduct (ADRC) for an Informational Review.  At this meeting the ADRC will review the allegations, rights of all residents, and the judicial process.
      
7. Will decisions be made based on “beyond a reasonable doubt” like in a trial?
   No.  Findings of “responsible” or “not responsible” will be made based on a preponderance of evidence; ‘more likely than not’ that a violation occurred.
   
8. As a parent, may I attend the hearing?
   Yes.  The hearing proceedings are not open to the public. However relevant witnesses and an Advisor (that may be a parent, friend, professor, TA, etc.) to assist the student in articulating his/her views are permitted.  An Advisor is not authorized to address the Hearing Officer(s) or C-Board directly, but may provide support by conversing privately with the accused student.
   
   Please remember to provide written information to the Hearing Officer(s) about who is attending and in what role at least one business day in advance.  Also, the student will need to release confidentiality enabling the Hearing Officer(s) to discuss the case in front of the Advisor.
   
   
9. Do I need to hire an attorney?
   Since the Office of Housing and Residence Life judicial process is administrative, and not a legal proceeding, it is not necessary to retain legal counsel.  However, for students who wish to do so, they may bring an attorney to act as their Advisor.  However, the same expectations apply to attorneys as they would any other person serving as an Advisor.
   
   Please remember that the student must provide written information to the Hearing Officer(s) about who is attending and in what role at least one business day in advance.  Also, the student will need to release confidentiality enabling the Hearing Officer(s) to discuss the case in front of the Advisor.
   
10. What is a sanction and what is the range of sanctions a student can be given?
    1. A sanction is a set of consequences that a student receives upon being found responsible for a violation of the Residence Life Behavioral Standards.
    2. Sanctions can range from a warning to eviction from the residence hall system, including trespassing from the system (which means a student may not enter a residence hall for the time-period determined by the Hearing Officer or C-Board).
    3. Possible sanctions for Disciplinary Hearing are listed in the Guide to P.R.I.D.E.  under the Disciplinary Hearing section.  Sanctions for these hearing include but are not limited to written warning, participation in an alcohol education class, or writing a research paper.
    4. Possible sanctions for Contractual Hearings are listed in the Guide to P.R.I.D.E.  under the Contractual Hearing section.  These sanctions include but are not limited to housing probation or housing eviction.
       
11. What are the grounds to appeal a hearing decision or sanction?
    1. Evidence not available at the hearing which, had it been available, would in all reasonable likelihood have produced a different finding (“responsible” or “not responsible”)
    2. Substantial procedural irregularity
    3. Sanctions disproportionate to violations as described in the Guide to P.R.I.D.E.
    4. Resident received a sanction of relocation or eviction.
       
12. My student was a bystander. Why did he/she receive a notice to attend an OHRL Disciplinary or Contractual Hearing?
    If a student has been called to appear, it is because it is believed that he/she was passively participating in the incident or has valuable information that is relevant to the case. As a member of the Mason community, it is imperative that students cooperate fully.
    
13. My student was charged criminally for the same incident that OHRL is adjudicating.  Is that not double jeopardy?
    The Office of Housing and Residence Life judicial process is separate from the legal system. Students may be charged in both forums and sanctioned in both forums. A student may be found responsible in one and not the other or be found responsible in both. Students may also receive sanctions in one and not the other or in both.