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The following are frequently asked questions from advisors helping a student in the disciplinary process.
1. A student just asked me to be his/her advisor for his/her upcoming disciplinary process. What is my role in the proceedings?
The advisor's role is to assist the student through the campus judicial process. Disciplinary proceedings can be complex and students need advocates to help them through this process.
Because the campus disciplinary process is not a court of law, the advisor, although he/she may be an attorney, is not acting in a legal capacity.
An advisor may:
- Consult with a student during a disciplinary proceeding.
- Suggest questions for the student to ask.
- Assist the student in clarifying his/her response to questions from members of the University Hearing Board.
An advisor may not:
- "Cross-examine" witnesses.
- Speak on the student's behalf.
- Object in any manner to questions asked or discussions raised.
- Interrupt the judicial proceeding.
2. What does being an advocate mean?
Some students may feel alone or that no one is "on their side" during a disciplinary proceeding. Advisors fill a special role directed at helping a student through this process by being supportive and by helping students prepare for their hearing. The advisor may be present at the hearing. However, they are not permitted to address the hearing board or speak on behalf of the student. It is not the role of the advisor to "win" the case for the student. Rather, the advisor may lend support to the charged student in developing his/her defense, attending the judicial hearing proceedings, and if necessary, assisting the student with an appeal.
3. How do I access information about my student's case, so that I may better assist him/her?
Advisors have two options to access their student's case information. They may either receive the information directly from the student. Prior to a student's University Hearing Board proceedings, staff in the Office of Student Judicial Services (SJS) give copies of all information that will be used by the Board in the proceedings to the charged student, if requested. The second way to receive information is to have the student sign a statement to release his/her disciplinary file to the advisor.
4. Who do I talk to if I have questions about the case?
Advisors may contact staff in the Office of Student Judicial Services via phone at (202) 994-6757, or by email at sjs@gwu.edu. Staff are available to assist advisors in helping them prepare for the disciplinary proceedings of the charged student. If an advisor's questions relate to specifics of the incident involving the student, SJS staff will require that the charged student sign a release. Otherwise, SJS staff will only be able to accommodate general questions about the disciplinary process.
5. What is the role of the Office of Student Judicial Services staff during the disciplinary process?
Staff members in SJS serve in multiple roles in preparation for a judicial proceeding. They are responsible for reviewing all incident reports, deciding on appropriate charges and types of judicial proceedings, and administering disciplinary conferences or hearing boards.
They are also responsible for guiding a student through the student conduct process, providing information about the proceeding, possible outcomes, and a student's rights and responsibilities. They also advise the University Hearing Board.
6. What if the student is facing criminal charges?
In order to protect the safety and well-being of the campus community, the "Code of Student Conduct" provides specific guidelines for appropriate behavior of GW students, regardless of whether the student is on campus or off campus. The University is responsible for upholding these standards through a judicial process separate from that which exists outside its boundaries. If a student is facing criminal charges, the student will be accountable for his/her behavior through a campus judicial proceeding, independent of any criminal court proceedings.
The University disciplinary process cannot be challenged on the grounds that criminal charges have been dismissed or reduced. To encourage the student to consider the impact of his/her behavior on the University community and as a GW student, the University may find a student responsible for a violation of the "Code" and assign sanctions separate from those assigned criminally.
7. If the University charges a student for a violation of the "Code of Student Conduct" and the student also faces criminal charges for the same incident, doesn't that violate "double jeopardy"?
The University's disciplinary proceedings are an administrative system, not a legal one. However, students may be accountable to both civil authorities and to the University for actions which both violate the law and the "Code of Student Conduct." Thus, students may have to face both criminal charges and University disciplinary charges. It must be noted that the findings in one area will not be an acceptable challenge to the findings in the other and that "double jeopardy" is not an issue.
These simultaneous proceedings are not considered "double jeopardy" because the two proceedings are different in their outcomes. Each proceeding imposes different kinds of sanctions to protect the different interests of the University and the community. The Constitution's "double jeopardy" clause applies only to successive criminal prosecutions for the same offense and the existence of two separate proceedings does not necessarily violate a student's privilege against self-incrimination.
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