{"id":608,"date":"2022-07-26T10:42:25","date_gmt":"2022-07-26T14:42:25","guid":{"rendered":"https:\/\/www.marshall.edu\/student-conduct\/?page_id=608"},"modified":"2024-08-22T14:28:28","modified_gmt":"2024-08-22T18:28:28","slug":"attorneys","status":"publish","type":"page","link":"https:\/\/www.marshall.edu\/student-conduct\/attorneys\/","title":{"rendered":"Attorneys"},"content":{"rendered":"
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\n\t\t\n\t\tView Student Disciplinary Procedures<\/span>\n\t<\/a>\n\t\n<\/div>\n<\/div>\n\n
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\n\t\t\n\t\tView the Code of Student Rights and Responsibilities<\/span>\n\t<\/a>\n\t\n<\/div>\n<\/div>\n\n\n<\/div>\n\n

FAQ<\/h2>\n \n \n \n \n
\n I'm representing a student accused of violating the Marshall University Code of Student Rights and Responsibilities. How do I establish representation with the University?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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The student must submit an authorization form for you to have access to information about the case. If the student intends to have you attend a proceeding as an Advisor<\/a>, they must notify the Office of Student Advocacy and Accountability through this form.<\/p>\n

The Office of Student Advocacy and Accountability will correspond at all times directly with the student, and not through any third party. You may receive copies of correspondence with the student\u2019s authorization.<\/p>\n\t\t\n\t\tDownload Authorization Form<\/span>\n\t<\/a>\n\t\n\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n

\n When are attorneys permitted to participate in the student disciplinary process?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
\n An attorney who is licensed to practice law in the State of West Virginia is permitted to represent a student in any hearing where the possible sanctions include suspension and\/or expulsion. In Title IX cases, an attorney may participate in any stage of the process.\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n
\n Is the criminal process akin to the student disciplinary process?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
\n There are significant differences between the criminal process and the student disciplinary process, but they are not mutually exclusive. If a student is arrested and charged in a criminal proceeding, that student can also be charged under the Student Rights and Responsibilities. However, there are many charges under the Code of Student Rights and Responsibilities that do not rise to criminal behavior.\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n
\n What are the procedures for a student conduct hearing?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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The Student Conduct hearing process is not the same as a trial. A student conduct hearing in an administrative process. Rules of evidence that are present in a criminal proceeding will not apply in a student conduct hearing. The Hearing Officer will have final authority on all evidentiary matters.<\/p>\n\t\t\n\t\tLearn More about The Student Disciplinary Process<\/span>\n\t<\/a>\n\t\n\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n

\n What is the standard of evidence used?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
\n The standard in the student conduct process is \u201cpreponderance of evidence.\u201d\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n
\n How are sanctions decided?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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The sanctions are developed with consideration of the individual circumstances of the case, the student\u2019s prior disciplinary history, if any, the impact that the sanctions will have on the student\u2019s situation, his or her educational record, and any other relevant information that the Officer deems useful.<\/p>\n\t\t\n\t\tLearn More about Sanctions<\/span>\n\t<\/a>\n\t\n\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n

\n Are the sanctions public record like criminal records are?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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No. Student conduct cases are confidential in compliance with the Family Educational Rights and Privacy Act (FERPA).<\/p>\n\n\n <\/div>\n <\/div>\n <\/div>\n\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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