Each year, many college students face disciplinary charges, code of conduct violations, or Title IX issues. While these students might believe they can represent themselves, they often find themselves overwhelmed by the process. This realization frequently comes only after an unsuccessful disciplinary hearing has resulted in suspension or other penalties. Students at Virginia Tech are protected by an appeal process that allows students to ask for a review of the fairness or appropriateness of their discipline.
If you or your student has an unfavorable decision after a disciplinary hearing or Title IX hearing, don't panic. You have options even if the decision includes a suspension or other serious consequences or discipline. With over a decade of experience representing students nationwide in disciplinary proceedings, the LLF Law Firm is the premier nationwide student defense firm. The earlier you hire the LLF Law Firm, the better. But even if you have an unfavorable outcome after the hearing, you can appeal, and the LLF Law Firm Student Defense Team can begin representation. Don't give up. We can help. Call the LLF Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
Appeal of Disciplinary Charges at Virginia Tech
The Virginia Tech Code of Conduct covers disciplinary and appeal matters. At Virginia Tech, a student may appeal the outcome of a formal hearing if it involves:
- Suspension.
- Dismissal.
- Denial of university privilege.
- Loss of an existing privilege (sports team, housing, etc.).
Note that Title IX hearings (cases involving alleged gender-based abuse or violence) have a separate review process. The loss of a semester or an outright dismissal from a college or university can have devastating consequences on a student's life. While it may be tempting to go it alone, even the loss of housing or other privileges is serious and can tarnish your college experience. Most students facing disciplinary charges need legal assistance and support. The LLF Law Firm has seen all types of situations and issues in the college disciplinary process. We can help you get the best outcome possible while protecting your reputation and student record.
Allegations That May Lead to Disciplinary Charges at Virginia Tech
Virginia Tech, in its Code of Conduct, sets specific charges that may lead to disciplinary charges, including:
- Offenses against people, such as hazing, assault, stalking, or abusive conduct.
- Offenses against property, such as vandalism, damage, destruction, or theft.
- Offenses against groups, such as indecent exposure, public disorderliness or drunkenness, or weapons issues.
- Offenses against Virginia Tech, such as cheating and furnishing false information. Or other violations of university policy.
- Gender-based violence is covered by a separate procedure under Title IX. This may include sexual assault, sexual abuse, and rape.
For purposes of this list, alcohol and drug issues should be considered separately as well since additional protections may be present. Remember that a drug charge or a DUI may lead to disciplinary charges. Disciplinary charges can have a life-changing impact on a student and lead to the end of an academic career.
Possible Outcomes of Disciplinary Charges
At Virginia Tech, the following types of sanctions or outcomes are possible
- Probation.
- Formal Warning.
- Deferred or immediate suspension.
- Deferred or immediate dismissal.
- Denial of privileges (sports, housing, or other denial of privilege).
- Restitution (payment of damages).
- Community service or other restorative justice-type activity.
Remember that an appeal may seek to reduce the sanction or punishment or eliminate the sanction altogether.
Appeal vs. Request for Rehearing
A party may file a request for rehearing after a formal decision. Requests for rehearing involve broad issues, and the parties request another hearing. The party might argue that they could not present their case properly or other circumstances that justify rehearing. An appeal, on the other hand, is limited to specific grounds.
Grounds for Appeal of Disciplinary Charges
An appeal must be in writing and must be limited to the following specific grounds:
- The decision or findings in it are arbitrary.
- The appellant was denied due process or other procedural protections.
- The penalty is unfair or too harsh.
- Denial of procedural guarantees or other procedural irregularities.
- The hearing officer or other official had a conflict of interest.
- New information has been available since the hearing.
Timeframe of an Appeal at Virginia Tech
A student must submit an appeal within seven business days from the decision date. The appeal must be in writing and state specific grounds. Appeals may be accepted after the time for appeal has lapsed, where there are “extenuating circumstances.” The burden of proving the grounds for an appeal is on the appealing party.
Sanctions During Appeal Period at Virginia Tech
Sanctions will be delayed at Virginia Tech pending the Appellate Officer's decision. However, the university may act to “maintain safety and order,” including putting a hold on the student account. A hold will prevent the student from registering for classes, graduating with their class, or even getting a transcript to apply to another school or a job.
Virginia Tech typically will use a hold of this type if:
- The student did not complete sanctions by the deadline.
- The student has an interim suspension order.
- The student has been suspended and has a pending re-enrollment request.
Virginia Tech may also seek an interim suspension if “such action is necessary to preserve the safety” of students or other persons. If a student receives an interim suspension, they may not attend class or extracurricular activities unless authorized by the VP for Student Affairs. If the student requests a change of the interim suspension order, they may request a meeting with the VP for Student Affairs. At this meeting, the student must show that they do not present a threat to themselves or any other person or to university property. The deadline for this request is five business days after the interim suspension order.
Other Possible Interim Sanctions at Virginia Tech
No Contact Order: The Office of Student Conduct may issue a no-contact order during the pendency of a case or appeal. This order prevents communication between parties, whether in person, electronically, or through a third party. Students must respect no-contact orders, as violations of these orders can escalate sanctions and dismissal. +
Cease Operations Order: The Office of Student Conduct may also issue orders to groups or organizations. A cease operations order limits an organization's activities during the pendency of a case or appeal. This can mean the organization must stop having meetings, hosting events, or other restrictions.
Appeal Decision at Virginia Tech
The Appellate Officer will make a decision on the appeal and will send the decision to the parties. The Officer should include the basis for the decision. The decision should be sent to all parties at the same time. Possible Outcome of Appeal at Virginia Tech
Possible Outcomes in an Appeal at Virginia Tech
The VP for Student Affairs will appoint an Appellate Officer, who must be independent and unbiased. The Appellate Officer will review the grounds for appeal and may do one or more of the following:
- Vacate the decision and penalty or sanctions.
- Order a new hearing.
- Vacate or overturn a specific finding.
- Uphold the decision and the sanctions.
- Find the sanction too harsh and lower it.
- Send the case back to the Office of Student Conduct for further investigation.
This appeals process applies to most disciplinary appeals, but if a case involves allegations of sex-based conduct, it is likely covered by Title IX. Title IX cases have a different process for hearings and appeals.
Title IX Appeals Process at Virginia Tech
When charges involve allegations of sex-based abuse or violence, the charge and appeal are covered by Title IX. At Virginia Tech, Title IX appeals are covered by Appendix III of the Student Code of Conduct. The appeals process is very similar but also involves the possibility of the alleged victim appealing the outcome as well as the alleged perpetrator. The Virginia Tech Title IX hearing process is significantly different, and the appeals process also varies.
Grounds for Title IX Appeal at Virginia Tech
A party may appeal a Title IX hearing result only on the following specific grounds:
- Procedural due process violations.
- Conflict of interest or bias by an official.
- Significant and relevant new information not available at the hearing.
- Unduly harsh penalties or arbitrary findings.
If a party tries to file a notice of appeal on any other grounds, the appeal will likely be summarily denied.
Potential Outcomes of Title IX Appeal at Virginia Tech
If your appeal is timely filed and states grounds, the appellate officer may:
- Vacate the decision or a finding in the decision.
- Uphold the decision.
- Increase or decrease the sanctions.
- Order further investigation.
- Order a new or partial hearing.
The parties have only seven business days to appeal. This time period begins running from the date of the original decision. That day is day one of the appeals period. The appeals deadline runs at the end of day seven. Only in extenuating circumstances (like a natural disaster or other extreme situations) will appeals be considered if filed past the appeals deadline. At Virginia Tech, determining whether extenuating circumstances should extend the time for filing an appeal is left to the Office of Student Conduct.
The appeal must be in writing and include grounds for appeal and other relevant information. The burden is on the student appealing to prove why the decision, finding, or sanction should be changed.
Title IX Appointment of Appellate Officer
The student will submit the appeal to the Office of Student Conduct. The Office of Student Conduct will notify the necessary parties of the appeal. The other party or parties may submit a response to an appeal. The V.P. for Student Affairs will appoint or designate an Appellate Officer. The Appellate Officer must be an independent, external person to hear the Title IX appeal. The Appellate Officer must not have a conflict of interest and must not be biased. If you doubt the impartiality of your Appellate Officer, call the LLF Law Firm immediately.
Title IX Appeal Decision at Virginia Tech
The Appellate Officer will write their decision and send it to both parties simultaneously. The decision should include the Officer's basis and rationale for the decision.
Record Expungement at Virginia Tech
It is important to note that Virginia Tech does not consider most student violations as private matters. It is vital to protect your reputation. Consider that the university will put a notation on your transcript if you decide to withdraw with pending Title IX charges. In a Code of Conduct violation resulting in suspension or dismissal, a notation will be placed on your transcript in many cases. The suspension or dismissal from Virginia Tech can follow you to school and job applications for the remainder of your life. It is vital, therefore, to fight charges when they arise. But if you have already been suspended or dismissed, you can move to expunge records. This can be not easy, but Virginia Tech provides a clear process and policy for expungement. The LLF Law Firm can help keep disciplinary issues from affecting your future.
How the LLF Law Firm Can Help Now
It is always better if the LLF Law Firm begins representing a student facing disciplinary charges early in the process. But even if you have a negative hearing decision, we can begin representation during the rehearing or appeals process. We like negotiating with colleges and universities and have good working relationships with many of them. Because of this, we engage in negotiation early and informally (i.e., we pick up the phone and talk to the individuals who will determine the outcome) to settle the case on good terms. When this is not successful, we are ready to take an appeal to an independent appeal officer. But wherever you are in the process, we will vigorously defend your academic future and reputation. We are experienced in all types of charges, including Code of Conduct and Title IX charges. Call us and let the LLF Law Firm begin the process of fighting for your future. Call the LLF Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
