How do universities decide what constitutes a violation of student defense law?

Universities in West Virginia must adhere to the Student Defense Law, which sets out the procedures they must follow when handling student disciplinary cases. The law outlines what types of conduct constitute a violation of the law, such as academic dishonesty, sexual misconduct, and violations of university policies. To decide if an alleged violation has occurred, universities employ a mix of methods, including adjudication by faculty and staff, the use of student hearing boards, and the adoption of written policies. The university will investigate the case and hold a hearing, during which both sides will present witnesses and evidence to determine if the alleged violation did, in fact, occur. The university will also use outside agencies to review the case and provide an objective opinion. These organizations may include law enforcement, lawyers, or an impartial investigator. These external organizations can review the evidence provided by both sides and make a recommendation to the university based on the facts of the case. When deciding if a violation has occurred, universities must take into account the seriousness of the alleged violation. Universities are not allowed to make decisions based on preconceived notions or prejudices. They must make their decisions based on the facts presented and ensure that all students receive fair and impartial treatment. The university will then decide a penalty based on the severity of the violation.

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