Frequently Asked Questions By Students

How do students find themselves in the Office of Judicial Affairs?
Any member of the University community may initiate a complaint against an undergraduate student with the Office of Judicial Affairs. If the circumstances surrounding the complaint indicate that a violation of the Code of Conduct may have occurred, disciplinary charges will be brought against the student. Alleged Code of Conduct violations are generally reported to the Office of Judicial Affairs by Residence Life staff members, University of Delaware Police officers, faculty, staff from the Information Technology Center, and the Newark courts. Students will know that they have formal charges brought against them because they will receive electronic notification (sent to their University e-mail account) which will include a list of the pending charges, a short description of the incident and instructions for completing a pre-hearing.

What is a judicial pre-hearing?
A pre-hearing is the first stage of the judicial process. It is a pivotal component of the Undergraduate Judicial System. During the pre-hearing meeting, students are invited to review and discuss information contained in their judicial file. They are encouraged to ask questions concerning all charges against them as well as options available within the judicial system. If a student admits guilt to the charge(s) and accepts the sanctions described, the student signs a statement waiving the right to an administrative hearing and appeal and the pre-hearing officer applies the sanction(s). If a student admits guilt to the charge(s), but disputes the sanctions described, the student may submit a Request for Consideration of Sanctions to the Judicial Appellate Board. If a student denies the charge(s) and/or rejects the described sanctions, the case is forwarded to an administrative hearing.

What is an administrative hearing?
An administrative hearing is the second step of the judicial process. Students who deny the charge(s) have their case resolved through a hearing. Students alleged to have violated a policy are entitled to appear in person and present information on their own behalf. They may call witnesses, and ask questions of others present at the hearing. A University appointed Hearing Officer presides over the case. If the hearing officer determines, based on a preponderance of the information presented, that the Code of Conduct has been violated, the student will be found guilty of the charge(s) and will then receive sanctions.

What is a sanction?
A sanction is a set of consequences that a student receives upon pleading guilty or being found guilty for violating University policy. Sanctions can include, but are not limited to, the following: fines and restitution; educational workshops, papers and projects; periods of observation and review; suspension from the residence halls or University; and expulsion from the University.

What is a "strike?"
A "strike" is a common term among students that refers to the adjudication of a judicial case resulting in a guilty outcome. It is the practice of the University judicial system to suspend students from the University for three alcohol and/or drug violations. In addition, some serious violations result in immediate suspension or expulsion from the University without having any prior judicial violations. A record of all guilty judicial violations remains in a student's judicial file even after the term of the sanction has expired, and is considered when sanctioning subsequent violations of the Code of Conduct.

Can I receive more than one strike at a time?
Yes. Sanctions are reflective of the nature and severity of an incident. Factors taken into consideration when deciding the appropriate sanctions for a specific case include the number of charges applied in an incident, the severity of each policy violation and the impact of the student's behavior on the University community.

For example, a student whose first case involves severe alcohol intoxication (i.e. medical attention is needed or a blood alcohol concentration of .16% or higher is recorded) would receive Deferred Suspension from the University (a.k.a. "two strikes), reflective of the significant alcohol consumption.

Similarly, a student whose first case involves violations of the Alcohol Policy (for underage consumption), Disruptive Conduct (trespassing, for example) and False Information (giving a fake name to a University Police officer), would also receive Deferred Suspension from the University, reflective of the multiple charges in the case.

The most severe violations (including DUI, distributing or selling drugs on campus, sexual assault and discharging a firearm on campus) would, even if it is the student's first case, result in Suspension from the University ("three strikes") because of the harm (or risk of harm) the student caused to him or herself and the danger created for the University community.

Can a guilty decision be appealed?
Yes. A student who is found guilty in a hearing may submit an appeal in writing within five calendar days of receipt of the written decision. The Appellate Judicial Board will review the appeal and decide on the outcome. The decision of the Appellate Judicial Board is final.

Can students be represented by legal counsel during the University judicial process?
In general, no. The judicial process at the University of Delaware involves an administrative hearing. It is not a criminal or civil proceeding. Students who request that their case be considered at a hearing may be assisted by a judicial advisor from the University community. Students who are charged with violations that constitute a felony in law may be accompanied to the judicial hearing by legal counsel, but the attorney's involvement in the hearing will be limited to advising the the accused student on whether to answer a question posed during the hearing.

Are off-campus violations reported to the University judicial system?
Violations of local, state, and federal laws are reported to the University judicial system through the local court. Students are expected to conduct themselves in accordance with the law and may be subject to University judicial action. See A Guide for Students who Violate Local Laws.

I received Probation Before Judgment, which means nothing is on my official record. Why does the University charge me for that? And isn't that double jeopardy?
Accepting Probation Before Judgment requires a student to plead guilty or no lo contendere. With both these pleas, the person is accepting responsibility for the violation, in essence agreeing that the violation DID occur. While ultimately there is the possibility that a conviction record will not exist, the arrest record will still exist even after the Probation Before Judgment period. For more information regarding the Probation Before Judgment program, please click here.

This is not a situation of double jeopardy, which prohibits a person from being tried twice in a court of law for the same crime, for two reasons: 1) an alleged violation of the Code of Conduct (the Off Campus Violation Policy) is not a crime; and 2) the student is being held accountable for his or her behavior through an administrative hearing process, not a criminal trial. While both the criminal charges and the administrative violation have both stemmed from one incident, the jurisdiction, procedures, and penalties for each are distinct and separate.

Will my judicial record affect my future plans?
Except in cases of suspension or expulsion from the University, a student's judicial record remains on file at the Office of Judicial Affairs until the student graduates. If a student gives an employer or graduate or professional school permission to access his or her judicial record prior to graduation, information about the student's judicial violation(s) will be shared. The Office of Judicial Affairs maintains records of suspended students for five years after the date of suspension and records of expelled students indefinitely.

Will my financial aid package and/or scholarships be affected if I am guilty of a code of conduct violation?
The answer to this question depends upon the type of violation and the level of sanction that is imposed. Once your judicial case is complete, check with the Office of Scholarships and Financial Aid for further information about your specific situation. Once a semester, information regarding students who have been suspended is forwarded to the Office of Scholarships and Financial Aid for their review.

If I don't like the proposed sanctions, can I plea bargain something less?
Plea bargaining is not something the Director of Judicial Affairs, office staff or pre-hearing officers participate in. The sanctions described in the pre-hearing are based on the initial report submitted from the reporting party as well as any past judicial history you may have. If you do not dispute any of the charges, but think the sanctions are inappropriate, you may appeal on sanctions only and submit a Request for Reconsideration of Sanctions. If you disagree with some of the charges (“Yes, I was disruptive, but I was not drunk”), your only option is to attend a hearing and present information regarding your involvement in the situation. The hearing officer will first make a decision about your responsibility on each of the charges, then decide what sanctions are appropriate for the charges you were found guilty of violating.

Can I be held in violation if something's posted on-line (like a picture on Facebook.com)?
Information posted to sites such as Facebook.com, mySpace.com and the like can be very damaging to a student’s reputation and may show the student in an unflattering light. The Office of Judicial Affairs does not search on-line for pictures, video, postings, etc. of students violating policies, nor does the Office charge students solely on such on-line information. However, if a member of the University community brings information of alleged violations to the attention of the Office of Judicial Affairs, it is possible that this information will be forwarded to the appropriate University office for further investigation. If that subsequent investigation determines signs of a violation, then charges may be applied and the information originally sent to the Office of Judicial Affairs could be used as part of the information presented during a hearing.

If my friend and I are both drunk and I believe he needs help, if I call for medical attention for him, will I get in trouble, too?
This is often referred to as a “Good Samaritan” policy. All students are responsible for their own behavior and should be certain to always follow the Code of Conduct. However, in the situation described above, the student who calls for assistance will likely have the disciplinary fine waived, in recognition of the student’s positive decision to seek help. Typically, the other sanctions, however, would still be applied, in response to the student’s decision to consume alcohol in violation of the Code of Conduct.