Hokie Handbook | Student Conduct

Student Code of Conduct

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• Student Code of Conduct

  Student Code of Conduct

  The following acts are prohibited for all students and student organizations:

  1. Abusive Conduct Any words or acts that cause physical injury, or threaten any individual, or interfere with any individual’s rightful actions, including but not limited to the following:

     1. Assault- Words or actions that would cause an individual reason to fear for his or her immediate safety. Words can constitute assault when they are accompanied by the ability to inflict immediate harm
     2. Battery- The use of physical force against an individual.
     3. Sexual Harassment- Unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature, under certain circumstances. (See Sexual Harassment Section for additional information.)
     4. Sexual Misconduct -Sexual contact without consent. (See Sexual Misconduct Section for additional information.)
     5. Stalking -Repeatedly contacting another person when the contact is unwanted. Additionally the conduct may cause the other person reasonable apprehension of imminent physical harm or cause substantial impairment of the other person’s ability to perform the activities of daily life. Contact includes but is not limited to communicating with (either in person, by phone or computer) or remaining in the physical presence of the other person.
  2. Actions Leading to the Conviction of Criminal Offenses Any student convicted of a criminal offense is subject to university disciplinary action.
  3. Alcoholic Beverage Policy Each student is expected to comply with the alcohol regulations of the Commonwealth of Virginia and the university. Virginia Tech recognizes that the misuse and abuse of alcohol is a persistent social and health problem of major proportion in our society and that it interferes with the goals and objectives of any educational institution. Accordingly, Virginia Tech does not encourage the use of alcoholic beverages and strongly discourages illegal or otherwise irresponsible use of alcohol. Members of the university community are accountable for their decisions regarding use of alcohol as well as behavior that occurs as a result of these decisions. Virginia Tech fully complies with the alcohol regulations of the Commonwealth of Virginia. All state laws apply to Virginia Tech students. See Alcoholic Beverages Section for additional information.
  4. Climbing Unauthorized climbing inside or outside campus buildings or structures.
  5. Damage or Destruction Damage and/or destruction of property.
  6. Disorderly Conduct Behavior that disturbs the peace, disrupts or interferes with the orderly functioning of the university, or interferes with the performance of the duties of university personnel or public/civil official.
  7. Drugs Possession, use, manufacture (synthesis or growth), possession with intent to manufacture, sale, dispensation, or distribution of any illegal drug or substance controlled under state or federal law. Refer to Controlled Substances Section for additional information.
  8. Failure to Comply Failure to comply with a request by an authorized university official. This includes failure of a student to present his/her university identification card when requested by an authorized university official. Upon the request of the student questioned, the university official must show identification and state the source of his/her authority. Among those officials who may request a student’s identification card are staff members from the: Athletics, bookstore, dining halls, Police Officers, cadet officers or members of the cadet guard, faculty members, and residence hall staff members or house supervisors, as well as any staff member within the Division of Student Affairs.
  9. Failure to Observe Rules and Regulations Failure to observe rules and regulations issued by the university, including all publications and notices pertaining to student life and student services. (Publications for which all students are accountable include University Policies for Student Life, Parking and Traffic Regulations, the dining contract and any written policies distributed to affected students by the university administration. Residence hall students are accountable for the housing contract and the information in the Housing, Residence Hall, and Dining Policies and Procedures section of the Hokie Handbook; cadets are accountable for cadet regulations, directives, and policies, and affected fraternities/sororities are responsible for the Fraternity and Sorority Life Manual.)
  10. Fireworks/Explosives/Hazardous Chemicals/Weapons Unauthorized possession or use of fireworks, explosives, or Weapons. Hazardous chemicals that could pose a health risk are also prohibited from the campus, including chemicals that, when combined with other substances could be hazardous or present a danger to others. Unauthorized possession, storage, or control of firearms and weapons on university property, including storing weapons in vehicles on campus as well as in the residence halls or other facilities is prohibited. (Note: organizational weapons of the Virginia Tech Corps of Cadets are controlled and approved by the commandant, are not prohibited by this policy.)
      
      Firearms are defined as any gun, rifle, pistol, or handgun designed to fire bullets, BBs, pellets, or shots (including paint balls), regardless of the propellant used. Other weapons are defined as any instrument of combat or any object not designed as an instrument of combat but carried for the purpose of inflicting or threatening bodily injury. Examples include (but are not limited to) knives with fixed blades or pocketknives with blades longer than four inches, razors, metal knuckles, blackjacks, hatchets, bows and arrows, nun chahkas, foils, or any explosive or incendiary device. Possession of realistic replicas of weapons on campus is prohibited. Students who store weapons in residence hall rooms, who brandish weapons, or who use a weapon in a reckless manner may face disciplinary action that may include suspension or dismissal from the university. Refer to Weapons Section for additional information.
  11. Forgery or Fraud Forgery or fraud, including attempts to obtain any item of value under false pretenses, or falsification of official university documents.
  12. Gambling Participation in any form of illegal gambling.
  13. Hazing Hazing is a criminal offense in the Commonwealth of Virginia. Hazing is considered a serious violation of university policy. Specifically, hazing is defined as subjecting a person to any mental or physical requirement, request, or obligation that could cause discomfort, pain, fright, disgrace, injury, that is personally degrading, or that violates any federal, state, or local statute or university policy, the willingness of an individual to participate in such activity not withstanding. In determining whether a specific behavior violates the hazing policy, consideration will be given to the behavior’s relationship to the university’s mission and purpose. Concurrently, the National Interfraternity Conference, the National Panhellenic Conference, and National Pan-Hellenic Council state unequivocally that hazing has no place in the collegiate fraternity and sorority system. In addition, the members of the Corps of Cadets are subject to the Virginia Tech Corps of Cadets Regulations Manual. Refer to Hazing  Section for additional information.
  14. Involvement in a University Violation Presence during any violation of the Student Code of Conduct and/or the University Policies for Student Life in such a way as to condone, support, or encourage that violation. (Note: Students who anticipate or observe a violation of university policy are expected to remove themselves from participation and are encouraged to report the violation.)
  15. Misuse of Fire-Fighting Equipment/Arson/Disregard of Fire Alarm Signals/Tampering
      1. Misuse of fire-fighting equipment, including tampering, removing, or discharging a fire extinguisher or any other fire emergency equipment except when there is a real need for such equipment.
      2. Unauthorized burning of any material in any university building or on university property, including arson.
      3. The disregard of a fire alarm signal or refusal to evacuate a building or a section of a building when a fire alarm is sounding.
      4. Tampering with detection or suppression equipment, including deliberately initiating false alarm or creating conditions that results in a false alarm, or any tampering that would cause a malfunction or nonfunction.
  16. Identification Cards The possession or manufacture of any false or altered form of identification, the improper use of any identification card, including knowingly altering or mutilating a university student identification card, or using the identification card of another, or allowing one’s own card to be used by another.
  17. Furnishing False Information
      1. Knowingly giving false testimony in a university student conduct investigation or hearing.
      2. Knowingly giving false information to a university official who is performing his/her official duties. (Note: Lying to a faculty member with respect to academic work is covered under the honor system.)
  18. Public Nudity Any act of public nudity, including but not limited to streaking, mooning, and urinating in public.
  19. Tampering With University Equipment Tampering with university equipment, including but not limited to, any elevator, wiring, plumbing, doors, locking mechanisms, or other university equipment without prior authority from the appropriate university official. Tampering with equipment so as to endanger oneself or others may result in serious disciplinary action for a first offense.
  20. Theft Theft, attempted theft, or possession of stolen property. Theft of property having substantial value may result in serious disciplinary action for a first offense.
  21. Throwing Objects Throwing or dropping any object or material from a university building or structure.
  22. Unauthorized Entry Entering or being present in university buildings, rooms, or other areas without proper authority. (Note: Closing hours will be published as necessary. For convenience, closing hours will be posted at main entrances to buildings, but the absence of such posted notices is not to be treated as excusing a violation of this policy.)
  23. Unregistered Motor Vehicle Keeping an unregistered motor vehicle on university property.
  24. Visitation\Guest Unauthorized persons are not allowed in residence halls. A student/organization must be escorted when visiting in a residence area for the opposite sex. Visitation options vary among residence halls. Students are expected to know the visitation policy that applies to their residence and to that of the person(s) they are visiting. A guest is any person, other than authorized university officials, who does not live in the specific residence hall. Students/Organizations will be held responsible for the conduct of their guests. Students/Organizations who invite guests to campus and the residence halls are expected to inform them of all university rules and regulations. Overnight lodging of members of the opposite sex is not permitted. Refer to the housing contract and Housing, Residence Hall, and Dining Policies and Procedures for additional information regarding residence hall visitation rules and regulations.
• Alcoholic Beverages

  Alcoholic Beverages

  At Virginia Tech, members of the university community recognize that the possession and consumption of alcoholic beverages by those under the age of 21 and the illegal possession and use of controlled substances by any member of the university community violate laws of the Commonwealth of Virginia and university policy. Further, members of the university community recognize that the misuse or illegal use and possession of alcoholic beverages or controlled substances may pose serious health and safety risks to those engaged in such behavior. Accordingly, students, staff, and faculty are asked to support the following statement of responsibility:

  As a member of the Virginia Tech community, I agree to

  1. Abide by all state laws and university policies regulating alcoholic beverages and controlled substances;

  2. Encourage the development of an environment in which individuals can make informed, healthy, and responsible decisions about alcohol and controlled substances;

  3. Discourage the illegal or irresponsible behavior of others; and

  4. Assume responsibility for my decisions and behaviors and accept the consequences resulting from those decisions and behaviors.

  Accountability

  Virginia Tech recognizes that the misuse and abuse of alcohol is a persistent social and health problem in our society and that it interferes with the goals and objectives of any educational institution. Accordingly members of the university community who decide to serve or consume alcoholic beverages are reminded that they are personally responsible for their conduct under all circumstances. Intoxication or ignorance of the law does not release an individual from that responsibility. Violations of university policy occurring under such circumstances will be treated in the same manner as any other violation. Violations of the Alcoholic Beverage Policy and any associated guidelines will result in disciplinary action, which may include probation, deferred suspension, suspension or dismissal. Students who violate this policy will likely be required to attend an alcohol education seminar as part of their student conduct sanction. Violations of state law also may be referred to the Virginia Tech Police. Students who are university employees are subject to disciplinary job action.

  Virginia Tech does not encourage the use of alcoholic beverages and strongly discourages illegal or otherwise irresponsible use of alcohol, including the illegal sale of alcohol and distribution of alcohol to those not of legal drinking age; for students and student organizations, the illegal sale of alcohol will likely be considered a major violation of the alcohol policy. Illegal sale is defined as any time money changes hands and there is unlimited access to alcohol, including but not limited to, selling cups and cover charges for entertainment when alcohol is available. Members of the university community are accountable for their decisions regarding use of alcohol and the behavior that occurs as a result of those decisions. Virginia Tech fully complies with the alcohol regulations of the Commonwealth of Virginia. All state laws apply to Virginia Tech students and student organizations. These laws prohibit possession and consumption of all alcoholic beverages by persons under 21 years of age on all university grounds and buildings.

  The university community is reminded of the following information:

  State Statutes

  The Commonwealth of Virginia and the Virginia State Alcoholic Beverage Control Board have enacted a variety of laws and regulations that govern alcoholic beverages. They are summarized as follows:

  1. Persons under the age of 21 are prohibited from possessing or consuming beer, wine, liquor, or other alcoholic beverages. Persons found in violation of this statute may be fined up to $2500 and imprisoned for a period of not more than 12 months. In addition, such person's Virginia driver's license may be suspended for a period of not more than one year.

  2. Persons may be fined up to $100 for drinking in public.

  3. Persons found in possession of a false driver's license may be fined up to $1000 and imprisoned for a period not to exceed 12 months. Driving privileges may be revoked for 30 to 365 days.

  4. It is illegal for intoxicated persons, regardless of age, to purchase or to possess alcoholic beverages. Persons in violation of this statute may be fined up to $1000 and imprisoned for a period not to exceed 12 months.
  5. It is illegal to serve or sell alcoholic beverages to persons who are intoxicated or suspected of being under the legal drinking age. It is also illegal to purchase alcoholic beverages for such persons. Individuals believed to be intoxicated are prohibited from remaining in an area where alcoholic beverages are served. Persons found in violation of these statutes may be fined up to $1000 and imprisoned for a period not to exceed 12 months.
  6. It is illegal to drive while under the influence of alcohol. Individuals are considered impaired if their blood alcohol content (BAC) exceeds .08. Persons under the age of 21 who drive with a BAC of at least .02 but less than .08 may be fined up to $500 and have their driver's license  Suspended for up to six months. Persons with a BAC of .08 or higher or persons refusing a breath test will have their driver's license automatically revoked.
  7. It is illegal to purchase alcoholic beverages from any person not licensed to sell them, to sell alcoholic beverages without the appropriate license, and to consume alcoholic beverages in any unlicensed public area.

  Regulations

  In compliance with the laws of the Commonwealth, and to maintain conditions conducive to learning, possession or consumption of alcoholic beverages is only permitted according to the following provisions:

  1. In the privacy of a student room, alcoholic beverages are permitted for those persons 21 years of age or older in accordance with state law, provided that at least one of the 21-year old residents of the room is present. Possession or consumption of alcoholic beverages in any other area of the residence halls, including suite living rooms, is forbidden except at events authorized by residence life. Legal consumption of alcoholic beverages in living areas other than private student rooms (e.g., hallways and lounges) will be allowed only when specifically authorized by residence life.

  2. Kegs of any description in student rooms or residence halls, including Oak Lane are prohibited.

  3. The director of Fraternity and Sorority Life in conjunction with the director of residence life determines regulations concerning the use of alcoholic beverages in “Oak Lane Community” (also known as Special Purpose Housing) during parties. This information is published in the Oak Lane manual available at http://www.studentprograms.vt.edu/greeklife/resources.php.

  4. The Commandant of Cadets establishes and publishes regulations to be observed by cadets regarding the possession and consumption of alcoholic beverages. This information is published in the Cadet Regulations Manual available at http://www.vtcc.vt.edu/Docs.php.

  5. The possession and use of alcoholic beverages is prohibited on all other university property except in certain facilities that are fully registered with the Virginia Alcoholic Beverage Control Board (ABC). Alcoholic beverages may be served in other facilities as specified in this policy with an appropriate banquet license issued by the ABC Board. Private residences are subject to ABC regulation and, those who hold university events in private residences are subject to state laws concerning the sale, possession and consumption of alcoholic beverages. (Approved by VTPD/Wendell Flinchum)

     1. Alcoholic beverages may be served in accordance with ABC Board rules and regulations at approved functions located in the Inn at Virginia Tech and Owens Banquet Hall.
     2. Facilities that may be approved with an appropriate banquet license from the ABC Board include the Bowman Room in the Jamerson Athletic Center, the Commonwealth Ballroom, other banquet or meeting rooms in Squires Student Center, the Multipurpose Room and Graduate Student Lounge in the Graduate Life Center, and other self-contained rooms or areas in facilities that may, from time to time, be specifically designated by the associate vice president for personnel and administrative services.
     3. Alcoholic beverages may be served only at functions where the majority of attendees are of legal age for the consumption of alcoholic beverages.
     4. Alcoholic beverages may be served only at functions confined to areas that are not open to the public or that have public access. Typical areas where alcoholic beverages may not be served are outdoor plazas and patios, unfenced lawns, and lobbies and reception areas.
     5. Alcoholic beverages may be served only as a complement to food service. Food service includes hors d'oeuvres or any food served within the context of receptions, dinners, or other meals.
     6. Sponsors of events to be held on campus at which alcohol is to be served must complete a registration request for Space, and submit the Beverage Request and Security Form. An ABC Banquet License may also be required. These forms must be received at least 30 days prior to the event to allow time for processing. All event approval forms shall indicate whether alcoholic beverages will be served. Approval confirmation must be obtained before alcoholic beverages can be served.
     7. The event sponsor is responsible for the cost of a banquet license obtained through either a private or university registered caterer.
     8. The Virginia Tech Police shall be notified by copy of the approval form of all events on campus at which alcoholic beverages will be served.
     9. Sponsors of university events held at off-campus locations are responsible for ensuring that the rules and regulations of this policy are followed. Events held off-campus are exempted from the requirement to request event approval.
     10. If an event sponsor fails to secure event approval or a banquet license, future event approval requests from that sponsor will not be approved. If an event sponsor fails to obtain the appropriate ABC license, alcoholic beverages may be seized while the event is in progress, and service of alcoholic beverages will cease immediately. Additionally, the event is subject to cancellation at the discretion of the Virginia Tech Police, and the event sponsor could be charged with criminal violations of the ABC Code.
• Controlled Substances

  Controlled Substances

  Misuse and abuse of controlled substances is in direct conflict with the goals and objectives of any educational institution. Virginia Tech does not condone the misuse or abuse of controlled substances.

  The term “controlled substance” is used instead of the term “drugs” for two reasons. First, the term “drugs” refers to any chemical substance that, when taken into the body, change the chemistry and functioning of the body. These changes may be positive or negative. Drugs that have a positive therapeutic effect are generally called “medicine.” Those with negative effects are often called “drugs.” For many people in society, the term “drug” carries a negative connotation. Second, “controlled substances” is a term that refers to chemical substances whose distribution and use is controlled or prohibited by some law or statute or whose distribution and use is permitted by a prescription issued by a licensed practitioner. This term is useful in that it also distinguishes so called over-the-counter drugs from prescription and illegal drugs which in essence make up the “controlled substances.”

  In compliance with the Drug-Free Workplace Act of 1988, the Drug-Free Communities and Schools Act Amendments of 1989, and the Commonwealth of Virginia’s Policy on Alcohol and Other Drugs of 1991, the following summary is provided for your information.

  Controlled substances are classified under the Controlled Substances Act into “schedules” that indicate their relative medicinal use and probability of abuse and dependence (addiction). Virginia Tech's policy addresses these controlled substances.

  Controlled Substances Schedules

  Schedule I: The drug or other substance has a high potential for abuse. The drug or other substance has no currently accepted medical use in treatment in the United States. There is a lack of accepted safety for use of the drug or other substance under medical supervision. Some Schedule I substances are heroin, LSD, marijuana, GHB, MDMA (Ecstasy), and methaqualone.

  Schedule II: The drug or other substance has a high potential for abuse. The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. Abuse of the drug or other substance may lead to severe psychological or physical dependence. Schedule II substances include morphine, PCP, cocaine, methadone, Ritalin, and methamphetamine.

  Schedule III: The drug or other substance has a potential for abuse less than the drugs or other substances in Schedules I and II. The drug or other substance has a currently accepted medical use in treatment in the United States. Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence. Anabolic steroids, codeine and hydrocodone with aspirin or Tylenol, Ketamine, and some barbiturates are Schedule III substances.

  Schedule IV: The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule III. The drug or other substance has a currently accepted medical use in treatment in the United States. Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule III. Included in Schedule IV are Darvon, Talwin, Equanil, Valium, Rohypnol, and Xanax.

  Schedule V: The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule IV. The drug or other substance has a currently accepted medical use in treatment in the United States. Abuse of the drug or other substances may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule IV. Over-the-counter cough medicines with codeine are classified in Schedule V.

  Penalties

  The law prescribes ranges of permissible penalties upon conviction. As required by the Federal Safe and Drug-Free Communities and Schools Act of 1994, the pertinent state laws, including sanctions for their violation, are summarized below:

  1. Possession of a controlled substance classified in Schedule I or II of the Drug Control Act, upon conviction, exposes the violator to a felony conviction for which the punishment is a term of imprisonment ranging from one to ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for up to twelve months and a fine up to $2,500, either or both.

  2. Possession of a controlled substance classified in Schedule III of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to twelve months and a fine up to $2,500, either or both.

  3. Possession of a controlled substance classified in Schedule IV of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to six months and fine up to $1,000, either or both.

  4. Possession of a controlled substance classified in Schedule V of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $500.

  5. Possession of a controlled substance classified in Schedule I or II of the Drug Control Act with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a felony conviction for which the punishment is imprisonment from five to forty years and a fine up to $500,000. Upon conviction, the violator must be imprisoned for not less than five years, but may suffer life imprisonment, and a fine up to $500,000.

  6. Possession of a controlled substance classified in Schedules III, IV, or V of the Drug Control Act or an imitation controlled substance which imitates a controlled substance classified in Schedule III, IV, or V, except for an anabolic steroid classified in Schedule III constituting a violation of Virginia Code §18.2-248.5, with the intent to sell or other wise distribute, upon conviction exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to one year and a fine up to $2,500, either or both.

  7. Possession of marijuana, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to thirty days and a fine up to $500, either or both. Upon a second conviction, punishment is confinement in jail for up to one year and fine up to $2,500, either or both.

  8. Possession of less than one-half ounce of marijuana with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to one year and a fine up to $2,500, either or both. If the amount of marijuana involved is more than one-half ounce to five pounds, the crime is a felony with a sanction of imprisonment from one to ten years, or in the discretion of the jury or court trying the case without jury, confinement in jail for up to one year and a fine up to $2,500, either or both. If the amount of marijuana involved is more than five pounds, the crime is a felony with a sanction of imprisonment from five to thirty years.

  9. Notwithstanding the aforesaid provisions, Rohypnol shall be deemed to be listed on Schedule I for the purposes of penalties for violations of the Drug Control Act. Any person knowingly manufacturing, selling, giving, distributing, or possessing Rohypnol shall be punished under the penalties prescribed for other Schedule I controlled substances.

  Policy

  The illegal use or possession of any controlled substance is strictly prohibited by the university. The illegal use of controlled substances is incompatible with the goals of the academic community. Students found responsible for possessing, using, manufacturing, possessing with intent to manufacture, selling, dispensing, or distributing any illegal drug or substance controlled under state or federal law will face serious disciplinary action that will almost certainly result in suspension or dismissal from the university for a first offense. Students who are also university employees are subject to disciplinary job action.

  Education

  Throughout the year, the university provides a wide variety of educational programs designed to increase student, staff, and faculty awareness and knowledge about alcohol and other controlled substances. Most of these programs are offered free of charge and are open to members of the university community and surrounding locale. The university’s programming efforts have received recognition as some of the most comprehensive in the Commonwealth of Virginia. Other information on federal drug trafficking laws and the effects of various drugs on the body is available from the Office of Student Conduct.

  Intervention and Prevention

  The university provides a variety of resources for those with questions and concerns about the use or misuse of alcoholic beverages and controlled substances. Support groups are available to members of the university community. These resources are:

  • College Alcohol Abuse Prevention Center, 231-2233, 135 War Memorial Hall
  • Cook Counseling Center, 231-6557, 240 McComas Hall
  • Schiffert Health Center, 231-6444, McComas Hall

  Confidential inquiries about community support groups and treatment programs can be made at the University Counseling Center. The following groups meet regularly: Alcoholics Anonymous, Adult Children of Alcoholics, Al Anon, and Narcotics Anonymous.

• Hazing

  Hazing

  Hazing is a criminal offense in the Commonwealth of Virginia. Hazing is considered a serious violation of university policy and is prohibited in all forms. This policy is based on the proposition that students are entitled to be treated with consideration and respect at all times and it applies to all student organizations and individuals. Concurrently, the National Interfraternity Conference, the National Panhellenic Conference, and the National Pan-Hellenic Council state unequivocally that hazing has no place in the collegiate fraternity and sorority system. In addition, the members of the Corps of Cadets are subject to the Virginia Tech Corps of Cadets Regulations manual. In determining whether a specific behavior violates the hazing policy, consideration will be given to how the behavior relates to the university’s mission and purpose.

  The state statute on hazing (Virginia Hazing, Civil Criminal Liability, Code of Virginia. 18.2-56, Amended March 16, 2003) reads as follows:

  It shall be unlawful to haze so as to cause bodily injury, to any student at any school, college, or university. Any person found guilty thereof shall be guilty of a Class 1 misdemeanor.

  Any person receiving bodily injury by hazing shall have a right to sue, civilly, the person or persons guilty thereof, whether adults or infants.

  The president, or other presiding official of any school, college or university, receiving appropriations from the state treasury shall, upon satisfactory proof of the guilt of any student of hazing another student, sanction and discipline such student in accordance with the institution's policies and procedures. The institution's policies and procedures shall provide for expulsions or other appropriate discipline based on the facts and circumstances of each case. The president or other presiding official of any school, college or university receiving appropriations from the state treasury shall report hazing which causes bodily injury to the attorney for the Commonwealth of the county or city in which such school, college or university is, who shall take such action as he deems appropriate.

  For the purposes of this section, "hazing " means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily injury on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity.

  Virginia Tech defines hazing as any mental or physical requirement, request, or obligation placed upon any person that could cause discomfort, pain, fright, disgrace or injury; that is personally degrading; or that violates any federal, state, or local statute or university policy, the willingness of an individual to participate in such activity notwithstanding. A person is defined as a university student, any associate member, member, affiliate, alumnus, guest of any campus organization, or other individual. Alleged violations of this policy should be reported to the Virginia Tech Police, the Office of Student Activities, the Office of Fraternity and Sorority Life, or the Office of Student Conduct. Hazing includes but is not limited to the following activities:

  Physical

  1. Encouraging or requiring persons to consume excessive amounts of alcohol or other liquids (e.g., encouraging or requiring individuals to use beer bongs, play drinking games or drink unknown substances).

  2. Requiring that a person do or submit to any act that will alter his or her physical appearance in any significant degree for any substantial period of time (e.g., branding; tattooing; using makeup, paint, or markers on a person; or shaving the head or body).

  3. Requiring activities that disrupt a person’s normal schedule. A normal schedule includes three reasonably spaced meals per day, the opportunity for sufficient rest at night (at least six full hours), time required for study outside of scheduled class hours, and reasonable time for personal hygiene.

  4. Requiring a person to engage in physical activity of unusual kind or duration, such as: calisthenics, overly difficult work assignments, activities that may be excessive for a person with physical disabilities, activities that require a person to remain in a fixed position for an extended period of time, or confining a person in a room that is too hot or too cold, too noisy, or too small.

  5. Hitting or pretending to hit an individual.

  6. Performing acts that are or seem to be dangerous.

  Psychological

  1. Requiring a person to pretend to or actually violate a law.

  2. Yelling or screaming at individuals.

  3. Calling individuals demeaning names.

  4. Booing, hissing, or demeaning individuals when they make mistakes.

  5. Interrogating individuals in an intimidating or threatening manner.

  6. Requiring a person to perform acts of servitude or perform personal errands for others.

  7. Deceiving new members prior to their gaining membership in an attempt to convince them that they will not be initiated or will be hurt.

  8. Forcing a person to publicly wear apparel that is abnormal and not normally in good taste.

  9. Requiring a person to appear nude at any time.

  10. Engaging in activity that compels an individual or group to remain in a certain place or transporting anyone without their knowledgeable consent (e.g., taking a person on a road trip to an unknown destination, or kidnapping).

  11. Requiring a pledge or associate period of unusual length (more than 10-12 weeks) for reasons other than achieving academic requirements.

  Distinction between Hazing By Organizations and By Individuals

  The following statement will help distinguish hazing violations by individuals from hazing violations by student organizations.

  1. It is presumed that hazing incidents involve only those persons directly participating in the incident and those who are present at the time it occurs and who do nothing to stop its occurrence.

  2. A hazing incident may also be an organizational activity, for which the organization itself may be disciplined, if any of the following characteristics are present:
     1. The faculty advisor, or any of the executive officers of the organization, or the person charged with the administration of an orientation or pledge program is aware of the incident sufficiently in advance of its occurrence to prohibit its taking place, and takes no action to prohibit it.
     2. The faculty advisor, or any of the executive officers of the organization, or the person charged with the administration of an orientation or pledge program knows the identity of the members involved in the incident and refuses to divulge that information to the appropriate university authorities or the police.
     3. The incident takes place in any public area within a chapter house or in any public place.
     4. The incident involves the expenditure of any organizational funds.
     5. The incident involves or is actively or passively endorsed by a majority of the members of the organization.
     6. The incident involves six or more members of the organization.

  Hazing Education

  The officers, principally the president or chairperson, of each organization are responsible for informing members and prospective members of this hazing policy. The policy must be posted in a prominent place for the members to see. The UUSA Office of Student Activities will provide copies of this policy to all student organizations. The Fraternity and Sorority Life office will provide copies of this policy for all associate members at the beginning of each semester. The IFC, PHC, and NPHC will sponsor seminars from time to time to ensure that all fraternities and sororities remain informed on the issue of hazing.

• Sexual Harassment

  Sexual Harassment

  Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature when

  1. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or academic status (e.g., an explicit or implicit promise or granting of educational or career advancement expressed by promotion, training, or favorable academic or employment evaluation in return for sexual favors).
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions (e.g., an explicit or implicit threat or action which adversely affects the academic or employment opportunities expressed as nonpromotion, poor performance appraisal, transfer, or reassignment if the sexual demands or requests are rejected).
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or academic environment (e.g., a pattern of conduct that causes discomfort or humiliation, or both, such as sexually explicit statements, questions, jokes, anecdotes, visual materials, or literature).

  [The prohibited acts of sexual harassment are drawn directly from “Guidelines on Discrimination Because of Sex” by the Equal Employment Opportunity Commission, 29 Code of Federal Regulations Part 1604.11A.]

   

• Sexual Misconduct

  Sexual Misconduct

  Sexual misconduct is defined as sexual contact without consent and includes intentional touching, either of the victim or when the victim is forced to touch, directly or through clothing, another person’s genitals, breasts, thighs, anus or buttocks; rape (sexual intercourse without consent, whether by an acquaintance or a stranger); attempted rape; sodomy (oral sex or anal intercourse) without consent; attempted forcible sodomy without consent; or sexual penetration with an object or finger without consent. Lack of consent occurs when the acts are committed either by force or intimidation or by taking advantage of the victim’s mental incapacity or physical helplessness.

• Weapons

  Weapons

  Unauthorized possession, storage, or control of firearms and, weapons on university property is prohibited, including storing weapons in vehicles on campus as well as in the residence halls. (Note: organizational weapons of the Virginia Tech Corps of Cadets, approved by the commandant, are not prohibited by this policy.)

  Firearms are defined as any gun, rifle, pistol, or handgun designed to fire bullets, BBs, pellets, or shots (including paint balls), regardless of the propellant used. Other weapons are defined as any instrument of combat or any object not designed as an instrument of combat but carried for the purpose of inflicting or threatening bodily injury. Examples include but are not limited to knives with fixed blades or pocket knives with blades longer than four inches, razors, metal knuckles, blackjacks, hatchets, bows and arrows, nun chukkas, foils, or any explosive or incendiary device. Possession of realistic replicas of weapons on campus is prohibited. Students who store weapons in residence hall rooms, who brandish weapons, or who use a weapon in a reckless manner may face disciplinary action, which may include suspension or dismissal from the university.

  Exceptions to possessing weapons may be made in the case of university functions or activities and for educational exhibitions or displays. Such exceptions will be subject to authorization by the Chief of the Virginia Tech Police Department. This policy does not prohibit the possession of firearms by persons, such as law enforcement officers, who are authorized by law to do so in the performance of their duties. A weapons storage program is available. Interested persons should contact the Virginia Tech Police (Sterrett Facilities Complex, 231-6411).