Please click here to learn more about using this page safely.

1|2|3

Legal Options

Legal Remedies for University Students

Criminal Case:

• A desire for the assailant to be charged with a crime and prosecuted by the Commonwealth.
• The assailant must be found “guilty beyond a reasonable doubt”.
• Once tried as a criminal case, it cannot be tried again.
• There is no statue of limitations for a felony. The statute is one year for a misdemeanor.

Civil Case:

• The victim hires a private attorney to sue the assailant or a third party for personal damages. Normally, the attorney is paid on a contingency basis. This means that a predetermined percentage of the damages awarded are used to pay legal fees.
• Standard of proof is lower; thus, the jury does not have to be unanimous for the victim to prevail.
• If the victim wins, the defendant is ordered to pay money for damages caused - medical expenses, loss of income, tuition, pain and suffering, etc.
• The victim can sue a third party, a business or a person, who failed to provide reasonable safety; usually this requires a relationship such as an employee - workplace,
• student - campus, guest - hotel, tenant – landlord.
• A civil suit can be used alone, in addition, or after a criminal case

University Case:

• The victim speaks to the Vice President of University Life or the Dean of Students to report the incident.
• Opportunity to file a formal or informal complaint, at which time a preliminary investigation will begin. Charges can be filed regardless of whether charges have been filed criminally or civilly.
• The charges are for a violation of the student Judicial Code.
• A hearing will take place within 60 days of filing the complaint.
• The University Judicial Administrator presents the case, unless the victim wishes to present his/her own case.
• The case is presented to a panel comprised of 5 students selected from the membership of the University Judicial Board.

Special Procedures for Adjudicating Charges of Sexual Assault

• The following procedures are applicable to George Mason University students. The sexual assault hearing will be conducted in accordance with the rules and procedures established by the University Judicial Board, with special sensitivity to the nature of the charge and the best interests of the parties involved. In recognition of the unique nature of sexual abuse cases, these procedures supersede the University Judicial Code where necessary. The Dean of Students is designated to administer these procedures.
• Upon becoming aware that an act of sexual assault is alleged, the Judicial Administrator or designee will initiate an investigation and take actions deemed necessary to protect the emotional well-being of the student involved, as well as the educational environment by the changes of residence hall room assignment, placing restrictions on entrance into certain campus areas or buildings, or forbidding contact between the accuser and the accused (See Judicial Code, Section XVI). These actions are subject to appeal to the Associate Vice President and the Dean for Student Services, and will remain in effect until resolution of the charge unless explicitly continued as a sanction imposed by the hearing board.
• The sexual assault hearing panel will be comprised of five students, no more than three of whom shall be of the same sex. These students will be selected from the membership of the University Judicial Board. A chairperson for each hearing will be selected by the panel members from among the students appointed to the panel.
• The student judicial system will have jurisdiction if the charge is filed with the Judicial Administrator within one year of the occurrence, or within one year of the date on which the identity of the accused is determined.
• The hearing will normally take place within sixty days of the filing of the charge by the Judicial Administrator.
• The University Judicial Administrator or designee will present the case unless the accuser requests that he/she personally make the presentation. The hearing board will determine whether there has been a violation of the student Judicial Code, and will impose or recommend sanctions to the judicial administrator as set forth in the student Judicial Code.
• The accuser and the accused may have advisers present during the hearing, but advisers are not allowed to address the board or examine the witnesses.
• The accuser has the right to remain present during the entire hearing. If the accuser is to be a witness, care must be taken by the hearing board to call him/her as the first witness or in a sequence that will not compromise the testimony.
• Statements or questions regarding the irrelevant past sexual history of both the accuser and accused will generally not be admitted into evidence at the hearing except for evidence which could be introduced under Section 18.2-67.7 of the Code of Virginia.
• During these proceedings, should the accuser or the accused desire to avail himself/herself of counseling or other services provided by the university, he/she is encourage to seek assistance from the office of the Associate Vice President and Dean for Student Services.
• A finding of guilty of sexual assault requires an affirmative vote of a majority of the members of the Sexual Assault Hearing Panel.
• If the panel determines that accused has engaged in sexual assault, the members are to impose or recommend sanctions according to conditions established in Sections XIII, XIV, and XV of this code.
• The outcome of the hearing and any sanctions that are imposed are normally made available in writing to both the accused and the accuser within 10 day of completion of the hearing.
• When it is mutually agreeable and with the consent of both the accuser and the accused, the Associate Vice President and Dean of Students may appoint a university faculty or staff member who has been trained to hear sexual assault cases to adjudicate the case. All guidelines for hearing procedures and appeals outlined in this code shall apply. This procedure may also be used if, in the judgment of the judicial administrator and with the consent of both parties, the timing of the complaint precludes the use of a hearing panel.
• Due to the private nature of these actions, the university will not normally pursue charges of sexual assault unless the alleged victim acts as the accuser. However, in cases where there may be a witness to the alleged violation, or in cases where the victim asks the university to pursue the case when he/she does not act as the accuser, or in cases where no prosecution would constitute a danger to the university community, or would materially affect the learning environment or operations of the institution, the university reserves the right to pursue a case to its conclusion.
• As a matter of university policy, the accuser is urged to pursue all charges of sexual assault and rape in the criminal justice system. Actions by the police or criminal courts do not in any way prejudice the right of a student to bring a charge in the student judicial system.
• Sanctions for Individuals: The following sanctions are provided and may be imposed upon students or recommended by all courts and administrative hearing officers:

1. Admonition
2. Warning
3. Censor
4. Disciplinary Probation
5. Restitution/Service
6. Suspension
7. Expulsion

For more detailed information, visit GMU University Life Judicial System for Student Conduct at: http://www.gmu.edu/depts/unilife/code.htm

This page was last updated: July 1, 2008 . This page is best viewed using Mozilla Firefox or Netscape Navigator.

Please click here for more information about how to clear your browser history (footprints).