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1

STUDENT CODE OF CONDUCT

2

VCU Creed: Philosophy for a University Community 3

Academic institutions exist, among other reasons, to discover, advance and transmit 4

knowledge and to develop in their students, faculty and staff the capacity for creative and 5

critical thought. At Virginia Commonwealth University, members of the community should 6

strive to exemplify the following specific ideals in addition to other worthy ideals: 7

 To demonstrate academic and personal integrity. 8

 To respect the rights and property of others. 9

 To be open to others’ opinions. 10

 To uphold academic freedom and freedom of intellectual inquiry. 11

 To appreciate diversity and to value and learn from the uniqueness of each person. 12

 To uphold the right of all persons to be treated with dignity and respect and to 13

refrain from all forms of intimidation, harassment and illegal discrimination. 14

 To demonstrate and respect intellectual courage in situations that demand it. 15

Students are required to engage in responsible social conduct that reflects credit upon the 16

University community and to model good citizenship in any community. 17

DEFINITIONS (general terms)

18

University

19

The term “University” means Virginia Commonwealth University, hereafter referred to 20 as “VCU.” 21 22 Student 23

The term “Student” includes all persons taking courses at VCU, either full-time or part-24

time, pursuing undergraduate, graduate or professional studies. “Students” also 25

includes all persons who withdraw after allegedly violating the Student Code of 26

Conduct, persons who are not enrolled officially for a particular term but who have a 27

continuing relationship with VCU, persons who have been notified of their acceptance 28

for admissions, or persons living in VCU residence halls who may not be enrolled in this 29

institution. This Student Code of Conduct applies at all University locations. 30

(2)

Faculty

32

The term “Faculty” means any person hired by the University to conduct classroom or 33

teaching activities or activities involving research, administration or clinical 34

responsibilities or who is otherwise considered by the University to be a member of its 35 faculty. 36 37 Staff 38

The term “Staff” means any person hired by the University as an hourly or classified 39 staff member. 40 41 University Official 42

The term “University Official” includes any person employed by the University, 43

including faculty or staff, who performs assigned administrative or professional 44

responsibilities. 45

46

Member of the University Community

47

The term “Member of the University Community” includes any person who is a student, 48

faculty member, staff member, University official or any other person employed by the 49

University. A person’s status in a particular situation shall be determined by the 50

Director of Student Conduct and Academic Integrity or designee. 51

52

University Premises or Property

53

The term “University Premises or Property” includes all land, buildings, facilities and 54

other property in the possession of or owned, used, or controlled by the University 55

(including adjacent streets and sidewalks). All other locations shall be considered “off-56 campus.” 57 58 Student Organization 59

The term “Student Organization” means any student group registered with the 60

University. 61

62

Student Conduct Administrator

63

The term “Student Conduct Administrator” means a University official authorized by 64

the Director of Student Conduct and Academic Integrity or designee, on a case-by-case 65

basis, to administer the Student Code of Conduct. A Student Conduct Administrator 66

may investigate, determine and sanction a student for the same case. 67

68

The Director of Student Conduct and Academic Integrity or designee is the person 69

designated by the University President or designee to be responsible for the 70

administration of the Student Code of Conduct. 71

72

Student Conduct Board

73

The term “Student Conduct Board” means any person or persons authorized by the 74

Director of Student Conduct and Academic Integrity or designee to determine whether 75

a student has violated the Student Code of Conduct and to recommend sanctions that 76

may be imposed when a violation has been committed. 77

(3)

78

Sanction Review Board

79

The term “Sanction Review Board” means any person or persons authorized by the 80

Director of Student Conduct and Academic Integrity or designee to determine 81

appropriate sanctions. 82

83

Conduct Appeal Board

84

The term “Conduct Appeal Board” means any person or persons authorized by the 85

Director of Student Conduct and Academic Integrity or designee to consider an appeal 86

from a Student Conduct Board’s determination. 87

88

Shall

89

The term “shall” is used in the imperative sense. 90

91

May

92

The term “may” is used in the permissive sense. 93

94

Policy

95

The term “Policy” means the written regulations of the University as found in, but not 96

limited to, the Code of Student Conduct, the Residential Life and Housing Contract, the 97

VCU Alcohol and Drug Policy, the University Guidelines on Prohibition of Sexual 98

Harassment, Student Conduct in Instructional Settings, Procedures for Registering 99

Student Organizations, the University Computer and Network Resources Use Policy, the 100

Undergraduate/Graduate Bulletins as found on the University web page, or other 101

University publications or resources. 102

103

Accuser

104

The term “Accuser” means any person or entity that submits a charge alleging that a 105

student violated the Student Code of Conduct. 106

107

Accused Student

108

The term “Accused Student” means any student or student organization accused of 109

violating this Student Code of Conduct. 110

111

Preponderance of Evidence

112

The term “Preponderance of Evidence” is the standard of proof that applies to student 113

conduct proceedings or determinations. A finding of a violation of the Student Code of 114

Conduct must be supported by evidence that is more likely than not that the violation 115 was committed. 116 117 PROHIBITED CONDUCT 118

The University Student Code of Conduct shall apply to all conduct that occurs on University 119

premises, at VCU-sponsored activities, and at off-campus locations. The Director of Student 120

Conduct and Academic Integrity or designee shall decide whether the Student Code of 121

(4)

Conduct shall be applied to conduct occurring off campus, on a case-by-case basis, at 122

her/his sole discretion. The Student Code of Conduct governs all campuses; however, 123

students are advised to consult local campus (i.e. VCU Qatar) publications for additional 124

information or rules pertaining specifically to those campuses that may create hearing 125

boards or processes for these campuses, consistent with the Student Code of Conduct. Each 126

student shall be responsible for his/her conduct from the time of application for admission 127

through the actual awarding of the degree (and even if conduct is not discovered until after 128

a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even 129

if the student withdraws from school while a disciplinary matter is pending. 130

The following conduct, committed or attempted, is prohibited for all students and student 131

organizations, and is subject to disciplinary sanctions: 132

1. Abusive Conduct 133

a. Assault – Words or actions that would cause an individual(s) to fear 134

for his/her immediate safety. Words constitute assault when they 135

are accompanied by the ability to inflict immediate harm. 136

b. Battery – The use of physical force against an individual or group. 137

c. Sexual misconduct – Offenses include, but are not limited to, sexual 138

harassment, non-consensual intercourse (or attempts to commit 139

same), non-consensual sexual contact (or attempts to commit 140

same), and/or sexual exploitation. For additional detail see the 141

Sexual Misconduct Code. Also refer to the University Guidelines on

142

Prohibition of Sexual Harassment. 143

d. Stalking/harassing - Unwanted or unsolicited repeated contact, 144

regardless of type, with another person or persons. Additionally, 145

the contact may cause the other person or persons reasonable 146

concern for their safety, physical or mental health, life, or property. 147

e. Endangering health or safety - Taking or threatening actions that 148

endanger the safety, physical or mental health, or life of any 149

person(s) or creates reasonable fear of such action. 150

f. Hazing - Subjecting a person(s) to any mental or physical 151

requirement, request, or obligation that could cause discomfort, 152

pain, fright, disgrace, injury, that is personally degrading, or that 153

violates any federal, state, or local statute or University policy; the 154

willingness of the individual to participate in such activity 155

notwithstanding. 156

(5)

g. Recording and/or disseminating images without consent - Using 157

electronic or other means to make or disseminate a video or 158

photographic record of any person(s) where there is a reasonable 159

expectation of privacy without the person’s consent and when such 160

a recording is likely to cause injury, distress, or damage to 161

reputation. 162

h. Disorderly conduct - Disrupting or preventing the peaceful or 163

orderly conduct of classes, lectures, meetings, or other University 164

functions, or interfering with the lawful freedom of other persons, 165

including invited speakers, to express their views, or interfering 166

with the performance of the duties of University personnel. 167

i. Riotous behaviors - Participating in on-campus or off-campus riots 168

or disturbances with the purpose to commit or incite actions that 169

present a clear and present danger to others, cause physical harm 170

to others, or damage property. This does not prohibit peaceful 171

demonstrations, peaceful picketing, or a call for a peaceful boycott, 172

or other forms of peaceful dissent. 173

2. Acts of Dishonesty 174

a. Furnishing false information to any University official, faculty or 175

staff member or office. 176

b. Forgery, alteration, or misuse of any University document, record 177

or instrument of identification. 178

3. Academic Misconduct 179

a. Any activity that tends to compromise the academic integrity of the 180

University, or subvert the educational process. The VCU Honor

181

System addresses academic expectations, rights, responsibilities, 182

violations, hearing processes, sanctions, and records. 183

4. Alcoholic Beverages/Drugs 184

a. Alcoholic beverages – The unlawful possession, distribution, sale or 185

use of alcoholic beverages or public intoxication are prohibited. 186

Alcoholic beverages may not, in any circumstance, be used, 187

possessed by or distributed to any person under twenty-one (21) 188

years of age. The possession and/or use of alcohol in University 189

facilities and at University events by those individuals twenty-one 190

(6)

(21) years of age or older, may be subject to additional University 191

regulations and restrictions. Any violation of the VCU Alcohol and

192

Drug Policy is also considered to be prohibited conduct under the 193

Student Code of Conduct. 194

b. Drugs – Possession, use, manufacture, sale, dispensation, or 195

distribution of any illegal drug or controlled substances are 196

prohibited except as expressly permitted by law. Any violation of 197

the VCU Alcohol and Drug Policy is also considered to be prohibited 198

conduct under the Student Code of Conduct. 199

c. Paraphernalia – Possession of drug paraphernalia is not permitted 200

in University residences or other University buildings. 201

Paraphernalia includes but is not limited to roach clips, bongs, 202

pipes, blow tubes, hookahs, bowls, and any type of water pipe or 203

object filled with water through which smoke is drawn. 204

5. Failure to Comply 205

a. Failure to comply with a reasonable request or directive of 206

University Officials. This includes, but is not limited to, failure to 207

present a University identification card, failure to keep or attend a 208

required meeting, or failure to leave any University premise when 209

requested by a University Official. 210

b. Failure to observe rules and regulations issued by the University, 211

including all publications, notices, and electronic communications. 212

c. Failure to complete or comply with a university imposed sanction. 213

6. False Reports 214

a. It is a violation to make an intentionally false report of any Student 215

Code of Conduct or other policy violation, and it may also violate 216

state criminal statutes and civil defamation laws. 217

7. Weapons 218

a. Possession or carrying of any weapon by any person, except a duly 219

authorized law enforcement personnel, is prohibited on university 220

property, including but not limited to, academic offices, 221

administrative office buildings, medical venues, clinics, 222

laboratories, research facilities, residence halls, dining facilities; or 223

while attending sporting, entertainment or educational events. 224

(7)

225

b. For purposes of this document, in addition to items defined as 226

weapons by the Virginia Commonwealth University Weapons 227

Regulation, anything used by a student to injure or attempt to 228

injure another person is considered a weapon. 229

230

8. Fireworks/Explosives/Dangerous Chemicals 231

a. Unauthorized possession or use of fireworks, explosives or 232

dangerous chemicals is prohibited. 233

9. Gambling 234

a. Participation in any form of illegal gambling as delineated in the 235

Commonwealth of Virginia Code 18.2.325. 236

10. Theft or Unauthorized Use of Property 237

a. Theft - Theft, attempted theft, or possession of stolen property, 238

services or possession of tools with criminal intent. 239

b. Unauthorized use of university property or services. 240

c. Climbing - Unauthorized climbing inside or outside campus 241

buildings or structures. 242

d. Defacing/vandalizing - Defacing (e.g., graffiti) or vandalizing 243

University land, buildings, equipment or property. 244

e. Damage or destruction of property - Actual or threatened damage 245

or destruction of University property or property of others, 246

whether done intentionally or with reckless disregard. 247

f. Unauthorized presence or entry - Entering or being present in 248

University buildings, rooms, or other areas without proper 249

authorization. 250

g. Tampering -Tampering with University equipment, including but 251

not limited to, any elevator, wiring, plumbing, doors, locking 252

mechanisms, University keys, access cards, or other University 253

equipment without authorization from a University Official. 254

h. Misuse of fire-fighting equipment/disregard of fire alarm 255

signals/arson - Misuse or tampering with fire-fighting equipment, 256

(8)

disregard of a fire alarm signal or refusal to evacuate a building, 257

tampering with detection or suppression equipment, initiating a 258

false fire alarm or unauthorized burning of any material in any 259

University building or on University property. 260

i. Obstruction - Blocking of the free flow of pedestrians or vehicular 261

traffic on University premises or at University sponsored or 262

supervised functions. 263

11. Abuse of Computer Facilities and Resources 264

a. Violations include, but are not limited to, unauthorized entry, 265

unauthorized transfer of a file, use of another individual’s 266

identification and/or password, use of computing facilities and 267

resources to interfere with the work of another University member, 268

use of computing facilities and resources to send obscene or 269

abusive messages, use of computing facilities and resources to 270

interfere with the normal operation of the University computing 271

system, use of computing facilities and resources in violation of 272

copyright laws, or any violation of the University Computer and

273

Network Resources Use Policy. 274

12. Retaliation 275

a. Any adverse action taken against a person because of the person’s 276

participation in a complaint or investigation of misconduct. 277

13. Involvement in a University Violation 278

a. Presences during any violation of the Student Code of Conduct in 279

such a manner to condone, support, or encourage that violation. 280

b. Students should not remain passively in the presence of violations. 281

Students are encouraged to notify the proper authorities if they 282

observe or have knowledge of other students violating the Student 283

Code of Conduct. 284

14. Violation of other disseminated university regulations, policies, or rules. Examples of 285

such regulations include, but are not limited to, University computing policies, 286

Residential Life and Housing policies, and recreational sports facility policies. 287

15. Violation of any federal, state or local law. 288

(9)

VIOLATION OF LAW AND UNIVERSITY DISCIPLINE 290

University disciplinary proceedings may be instituted against a student or student 291

organization charged with conduct that potentially violates criminal or civil law and the 292

Student Code of Conduct (that is, if both possible violations result from the same factual 293

situation). Proceedings under the Student Code of Conduct may be initiated and carried 294

out prior to, simultaneously with, or following civil or criminal proceedings at the sole 295

discretion of the Director of Student Conduct and Academic Integrity or designee. 296

Determinations made or sanctions imposed under this Student Code of Conduct shall not 297

be subject to change because of the criminal or civil outcomes. 298

STUDENT CODE OF CONDUCT AUTHORITY 299

The Director of Student Conduct and Academic Integrity or designee shall determine the 300

composition of the Student Conduct Boards, Sanction Review Boards and the Conduct 301

Appeal Boards and will determine which administrator or board shall be authorized to 302

hear each matter. The Director of Student Conduct and Academic Integrity or designee 303

may develop procedures for the administration of the student conduct system and 304

procedural rules for the conduct of Student Conduct Board Hearings that are not 305

inconsistent with the provisions of the Student Code of Conduct. Decisions made by a 306

Student Conduct Board, Sanction Review Board and/or Student Conduct Administrator 307

shall be final, pending the normal appeal process. 308

309 310

RIGHTS AND RESPONSIBILITIES 311

312

All Accusers and Accused Students are provided the following rights and responsibilities 313

throughout the University student conduct process: 314

1. The right to receive written notification of any alleged violation. 315

2. The right to know the source of any allegation. 316

3. The right to know the specific alleged violation of the Student Code of 317

Conduct. 318

4. The right to know any sanctions that may be imposed by the University if 319

found responsible for specific violations of the Student Code of Conduct. 320

5. The right to be accompanied by an advisor of their choice and at their own 321

expense during the University student conduct process; for advisory 322

purposes only, not for legal representation. 323

6. The right to present his or her own information. Advisors are not permitted 324

to speak or to participate directly in the University student conduct process 325

unless authorized by the Student Conduct Administrator. When selecting an 326

(10)

advisor, students should be cognizant of any scheduled meetings or hearings, 327

delays in the University student conduct process will not be allowed due to 328

the scheduling conflicts of an advisor. 329

7. The right to have the opportunity to respond to any allegation and provide 330

witnesses and/or pertinent additional information. 331

8. The right to refrain from making any statement concerning alleged violations 332

of the Student Code of Conduct. 333

9. The right to know that any statements made by the Accuser and/or Accused 334

Student can be used during the University student conduct process. 335

336

CHARGES AND STUDENT CONDUCT BOARD HEARINGS 337

Any member or entity of the University community or others outside of the University may 338

file charges against a student or student organization for violations of the Student Code of 339

Conduct. Any charge should be submitted as soon as possible after discovery of the alleged 340

violation. Absent extraordinary circumstances, the written complaint must be filed within 341

six (6) months. A charge shall be prepared in writing and directed to the Office of Student 342

Conduct and Academic Integrity (OSCAI) or other designated office. Once the charge has 343

been submitted, the Director of OSCAI or designee will review the charge and appoint a 344

Student Conduct Administrator to complete an investigation. 345

346

A Notification Letter will be sent to the VCU e-mail address of the accused student including 347

the specific violations for which the student has been charged, as well as instructions to 348

contact the Student Conduct Administrator to schedule a meeting. An accused student will 349

have five (5) business days from the date of the Notification Letter to contact the Student 350

Conduct Administrator to schedule a meeting. If the student fails to respond to the 351

Notification Letter or does not attend the scheduled meeting, the University may choose to 352

proceed with consideration of the charges without the student’s presence. 353

354

The Student Conduct Administrator will complete an investigation concerning the 355

allegations stated in the Notification Letter. The Student Conduct Administrator will 356

attempt to meet with the accused student. The Student Conduct Administrator may meet 357

with the accuser as well as with any witnesses and examine additional information. The 358

Student Conduct Administrator then will determine if VCU’s Student Code of Conduct has 359

been violated or if the matter can be closed. Based upon all of the examined information 360

and witness statements, the Student Conduct Administrator will make a determination of 361

responsibility using the standard of preponderance of the evidence. Based upon the 362

determination of the Student Conduct Administrator, the student will have the following 363

options: 364

(11)

365

1 - No Violation Established by the Administrator: 366

The Student Conduct Administrator will notify the student that the University 367

will be taking no action at this time concerning the allegations. The Accuser will 368

not have the option to appeal this determination unless sexual misconduct 369

charges are alleged. 370

2- Violation Established - Administrative Adjudication: 371

Accused student accepts responsibility and sanctions 372

The student accepts responsibility for violating specified provisions of VCU's 373

Student Code of Conduct and agrees to complete the specified sanctions as 374

determined by the Student Conduct Administrator. Students agreeing to this 375

option will not be afforded an appeal of this decision, since it will have been 376

accepted by the student. The Accuser will not have the option to appeal this 377

determination or sanction unless sexual misconduct charges are alleged. 378

379

In matters of sexual misconduct the accuser and the accused agree to the 380

administrative adjudication, or the matter will be referred to the Student 381

Conduct Board for adjudication. 382

383

3 – Violation Established - Sanction Review Board (SRB): 384

385

Accused Student accepts responsibility, but disagrees with sanctions 386

The student accepts responsibility for violating specified provisions of VCU's 387

Student Code of Conduct, but disagrees with the sanctions proscribed by the 388

Student Conduct Administrator. The student may then choose to have the 389

sanction determined by the Sanctions Review Board (SRB). The request to the 390

SRB must be submitted in writing and completed within five (5) business days 391

from the date of notification to the student of the Student Conduct 392

Administrator’s determination. The SRB will be comprised of three (3) 393

University Community members with at least one (1) student and one (1) 394

administrative or instructional faculty member. 395

396

The SRB will review the accused student’s written statement concerning 397

his/her sanction, as well as a written statement from the Student Conduct 398

Administrator explaining the recommended sanctions. Based upon this review, 399

the SRB will notify the accused student, and if necessary the accusing individual, 400

in writing of sanctions via their VCU e-mail address. Decisions by the SRB that 401

(12)

result in a student being suspended or expelled from the University must be 402

approved by the Vice Provost for Student Affairs or designee. 403

404

The Sanction Review Board does not participate in the adjudication of 405

allegations of Sexual Misconduct. 406

407

4- Violation Established – Student Conduct Board: 408

409

Accused student disagrees with finding of responsibility 410

The student denies responsibility for violating the specified provisions of the 411

Student Code of Conduct. In such circumstances, the OSCAI will proceed to 412

schedule a Student Conduct Board hearing to consider the information and 413

evidence and make a determination concerning the allegations and, if 414

necessary, any sanctions. The Student Conduct Board will be comprised of 415

three (3) University Community members with at least one (1) student and one 416

(1) administrative or instructional faculty member. One member will be 417

designated as the Chair and will be responsible for administering the hearing 418

and recording the decision. The accused student will be notified of the date, 419

time and location of the hearing by the OSCAI at least five (5) business days 420

prior to the scheduled Student Conduct Board hearing. If the accused student 421

(and/or the accuser, if appropriate) fails to attend the scheduled Student 422

Conduct Board hearing, the hearing will proceed in the student’s absence and 423

his/her ability to appeal the Student Conduct Board hearing decision may be 424

limited. 425

426

A Student Conduct Board hearing will consist of the following components: 427

 Introduction and procedural rules. 428

 Introductory statement and presentation of information by Student 429

Conduct Administrator and/or Accuser. 430

 Witnesses presented by the Student Conduct Administrator and/or 431

Accuser. 432

 Introductory statement and presentation of information by the Accused 433

Student. 434

 Witnesses presented by the Accused Student. 435

 Closing statement by Student Conduct Administrator and/or Accuser. 436

 Closing statement by Accused Student. 437

 Closed session deliberation by Student Conduct Board. 438

(13)

Witnesses will provide information to and answer questions from the 440

Student Conduct Board. Questions may be suggested by the Accused Student 441

and/or the Accuser to be answered by each other or by witnesses. This 442

process will be conducted by the Student Conduct Board with such questions 443

directed to the chairperson, rather than to the witness directly to preserve 444

the educational tone of the hearing and to avoid creation of an unnecessarily 445

adversarial environment. Questions of whether potential information will be 446

received shall be resolved by the discretion of the chairperson. 447

448

All procedural questions are subject to the final decision of the chairperson 449

of the Student Conduct Board. 450

451

There shall be a single verbatim record, such as a digital recording, of all 452

Student Conduct Board hearings excluding deliberations. The record shall be 453

the property of the University. 454

455

For sexual misconduct charges, and other charges of a sensitive nature, 456

whether the alleged victim is serving as the complainant or as a witness, 457

alternative testimony options will be made available, such as placing a 458

privacy screen in the hearing room, or allowing the alleged victim to testify 459

from another room via electronic means. 460

461

The Student Conduct Board will determine, by majority vote, if the student is 462

responsible for the allegations based on a preponderance of the evidence 463

presented at the hearing. The Student Conduct Board will notify the Director 464

of Student Conduct and Academic Integrity or designee of the determination 465

and any recommended sanctions. The Director of Student Conduct and 466

Academic Integrity or designee will determine the final sanctions and notify 467

the accused student, and if appropriate the Accuser, within five (5) business 468

days of the Student Conduct Board hearing in writing via their VCU e-mail 469

address of the determination and any sanctions. 470

471

Appeals of the SCB’s decision must be made in writing (see Section 5: “How 472

to Appeal”) within five (5) business days following the date of the notification 473

of determination to the OSCAI. The OSCAI will then forward the appeal as 474

well as a written statement from the Student Conduct Administrator to a 475

Conduct Appeal Board (CAB). The CAB will be comprised of three (3) 476

University Community members with at least one (1) student and one (1) 477

administrative or instructional faculty member. The CAB will review the 478

accused student’s written appeal as well as any written statement from the 479

(14)

Student Conduct Administrator and/or accusing individual. The CAB will 480

then make one of two recommendations to the Vice Provost for Student 481

Affairs (VPSA) or designee concerning the appeal: (1) Uphold the Student 482

Conduct Board determination, or (2) Remand the matter back to the Student 483

Conduct Board. The VPSA or designee will review the recommendation of 484

the Student Conduct Appeal Board and make a final determination 485

concerning the accused student’s appeal and notify the accused student of 486

that outcome. In the case where there is an accusing individual, they may 487

also appeal the Student Conduct Board’s decision via the same process and 488

deadlines. 489

490

5-Formal Appeals Process 491

492

All appeals to the Sanction Review Board and Student Conduct Board must be 493

completed in writing using the University Hearing Appeal Form. All appeals must 494

be submitted within (5) business days following the date of the decision notice to 495

the OSCAI. The appeal must contain any and all information, including any new 496

evidence, should that be the selected criteria. Appeals may only be based on the 497

following two criteria: 498

1. New and pertinent evidence has come to light. 499

2. A procedural error that would have impacted outcome of case has 500

occurred. 501

502

After receipt of the appeal, the Student Conduct Administrator and/or Accuser also 503

may submit a statement responding to the claims or issues as presented by the 504

written appeal. The written appeal and all other written statements will be 505

submitted by the OSCAI to the appropriate body. 506

507

For sexual misconduct cases only, either party may appeal the Sanction Review 508

Board or Student Conduct Board’s decision based on the stated criteria listed above. 509

ADMINSTRATIVE ACTIONS 510

Interim Suspension

511

Interim Suspension is the immediate removal of a student from the University, including 512

but not limited to, facilities, programs, privileges, classes, and premises until final 513

disposition. Interim suspension may be imposed: (a) to ensure the safety and well-being of 514

members of the University community or preservation of University property; (b) to 515

ensure the student’s own physical or emotional safety or well-being; or (c) if the student 516

poses an ongoing threat of disruption of, or interference with, the normal operations of the 517

(15)

University. The student will be notified in writing by electronic means of the interim 518

suspension and the reason for the suspension by the Director of Office of Student Conduct 519

and Academic Integrity or designee. The student will have three (3) days to appeal his/her 520

interim suspension in writing to the Vice Provost for Student Affairs or designee. If the 521

student does not appeal the interim suspension or if the appeal is denied, the regular 522

student conduct process shall proceed on the normal schedule, up to and through a Student 523

Conduct Board hearing and a Conduct Appeal Board hearing, if required. Additionally, the 524

University may administratively withdraw the student from their classes during or, if 525

appropriate, retroactively following this process. 526

Revocation of Admission

527

Revocation of Admission entails rescinding the offer of University admission that had been 528

awarded under circumstances of fraud, misrepresentation, or other violation of University 529

standards in the student’s matriculation to the University. 530

Revocation of Degree

531

Revocation of Degree entails rescinding the award of a University degree that had been 532

awarded under circumstances of fraud, misrepresentation, or other violation of University 533

standards. For more detail refer to VCU Procedures for Degree Revocation. 534

SANCTIONS 535

Upon a final finding of responsibility of a Student Code of Conduct violation, sanctions may 536

be imposed upon a student by the Director of Student Conduct and Academic Integrity, 537

Student Conduct Administrator, the Sanction Review Board or by the Vice Provost for 538

Student Affairs or designee. More than one of the sanctions listed may be imposed for any 539

single violation. A student assigned any sanction and who fails to complete the sanction 540

will be considered to have committed another violation of the Code. Violations involving 541

impairment from the voluntary use of alcohol and/or use of drugs, (other than medically 542

necessary) shall be considered an aggravating, and not a mitigating, factor in sanctioning. 543

All sanctions become part of a student’s permanent University disciplinary record. The 544

University may withhold awarding a degree, or any other academic achievement, otherwise 545

earned, until the completion of the process set forth in this Code, including appeals and the 546

completion of any and all sanctions imposed. 547

The following sanctions are not recorded on a student’s transcript. These sanctions are 548

not reported to external agencies as a University disciplinary action, unless required by 549

law. 550

Censure

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Censure is a written notice warning the student to avoid a recurrence of any conduct that 552

violates the Code and/or any University policy. 553

Disciplinary Probation

554

Disciplinary probation is a specified period of time, a minimum of one semester, requiring 555

the student to avoid a recurrence of any conduct that violates the Code and/or any 556

University policy that may result in additional university sanctions including suspension or 557

expulsion. 558

Educational Experiences

559

Educational experiences are learning opportunities, including but not limited to, 560

community service, drug and alcohol education, and written papers, designated to be 561

completed by the student. In addition, an alcohol and drug assessment and/or behavioral 562

health assessment may be completed by a qualified medical or mental health professional 563

and released to an appropriate University official. 564

Loss of Privileges

565

Loss of privileges is a denial of services, privileges, and benefits which may impact 566

participation in extracurricular activities, residence in University housing, University 567

employment, Honors College, leadership within student organizations, academic activities, 568

and study abroad, for a designated period of time. 569

Fines

570

Previously established and published fines may be imposed. 571

Bans, Deactivations and Holds

572

Bans, deactivations and holds are restriction of access to University services, activities, 573

facilities and registration. 574

Restitution

575

Restitution is monetary reimbursement to the University and/or a member of the 576

University community or others to cover the cost of damage, injury, or loss of community 577

or personal property as a result of a violation. 578

No Contact

579

The student is instructed not to have direct or indirect contact with the victim(s) of the 580

violation(s). This includes but is not limited to contact in person, through electronic means, 581

or through a third party. 582

(17)

University Policy Sanctions

583

University Policy Sanctions are any sanctions not specified in the Code, but which are 584

applied to a student as a result of prohibited behavior of another University policy. 585

Deferred Suspension

586

Deferred suspension is a designated period of time during which a student is given the 587

opportunity to demonstrate the ability to abide by the Code’s articulated behavioral 588

expectations. 589

The following sanctions are recorded on a student’s transcript. These sanctions are 590

reported to external agencies as a University disciplinary action and as required by law. 591

Suspension

592

Suspension is removal of a student for a defined period of time, for a maximum of six 593

consecutive semesters, during which a student loses all University privileges including, but 594

not limited to, facilities, programs, privileges, classes, and premises. Students who do not 595

attend VCU for three or more successive semesters excluding summer sessions must 596

submit an application for readmission to the Office of Undergraduate Admissions. 597

Expulsion

598

Expulsion is permanent dismissal from the University, administrative withdrawal from 599

classes and loss of all University privileges. 600

The following sanctions may be imposed upon student organizations: Censure; Disciplinary 601

Probation; Educational Experiences; Loss of Privileges; Fines; Bans, Deactivations and 602

Holds; and Restitution. 603

604

NOTIFICATION OF SANCTIONS 605

606

Sanctions and other material related to student conduct processes are part of the 607

educational record of the accused student and are protected from release under the Family 608

Educational Rights and Privacy Act (FERPA), a federal law. However, the University 609

observes the legal exceptions to FERPA. 610

611

Accusers in a non-consensual sexual contact/intercourse, sexual exploitation, sexual 612

harassment, stalking, and relationship violence incidents have an absolute right to be 613

informed of the outcome and sanctions of the hearing, in writing, without condition or 614

limitation. 615

(18)

616

The University may release publicly the name, nature of the violation of a University policy 617

that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex 618

offenses, assault, destruction/damage/vandalism of property, and kidnapping/abduction. 619

The University shall release this information to the complainant in any of these offenses 620

regardless of the outcome. 621

INTERPRETATION AND REVISION 622

Any question of interpretation or application of the Student Code of Conduct shall be 623

referred to the Director of Student Conduct and Academic Integrity or designee for final 624

determination. 625

The Student Code of Conduct shall be reviewed every five (5) years under the direction of 626

the Director of Student Conduct and Academic Integrity. 627

628

ACKNOWLEDGEMENT 629

This Student Code of Conduct has drawn material from Edward N. Stoner’s and John 630

Wesley Lowery’s A Twenty-First Century Model Student Code of Conduct, Brett A. Sokolow’s 631

NCHERM Model Sexual Misconduct Policy and a review of other university student codes of 632

conduct. 633

References

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