Hokie Handbook | Student Conduct

The University Student Conduct System

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• The University Student Conduct System

  The University Student Conduct System

  The University Student conduct System affects and applies to all currently enrolled students and to all registered student organizations. Its major purpose is to help create a fair, just, and disciplined university community. The university Student conduct system supports the educational mission of the university by educating students about appropriate behavior and by fostering a community in which academic success can occur. The system is based on the assumption that students and groups have the capacity to assume responsibility for their own behavior and that the university has the authority to establish an internal structure for the enforcement of its policies and procedures, which students have agreed to accept by enrolling in the university.

  The university student conduct system is an educational tool with two main objectives: to hold students accountable for unacceptable behavior and to modify those behaviors deemed unacceptable by the university. The system strives to address unacceptable behavior in a manner that informs and guides students toward a greater sense of personal responsibility and toward more mature and ethical standards.

  The Office of Student Conduct is responsible for the administration and oversight of the University Student Conduct System. The mission of the Office of Student Conduct (OSC) is to promote a civil learning environment that fosters personal growth and the development of like skills by holding students and student organizations accountable for conduct inconsistent with the expectations of the university community.

  Jurisdiction

  The president of Virginia Tech is ultimately responsible for the discipline of all students at the university. Administrative authority and responsibility for student conduct policies and procedures is delegated to the vice president for student affairs. Within the Division of Student Affairs, direct supervisory jurisdiction of disciplinary matters involving violations of University Policies for Student Life and the Student Code of Conduct is assumed by the Office of Student Conduct. The director of student conduct serves as the chief student conduct officer for the university.

  Students and student organizations will be considered for disciplinary action whenever violations are committed on university property. For the purposes of disciplinary action only, a student is defined as any individual who has accepted an offer of admission as an undergraduate, graduate, or professional student and who has not yet graduated or officially transferred to another institution. If a student’s enrollment lapses for more than one calendar year, the student will no longer be subject to disciplinary action under this policy.

  The following criteria will be used to determine if an incident may be organizational activity, for which a student organization itself may be disciplined. This determination would not remove potential responsibility for the violation by the participating individuals. A student organization can be considered for disciplinary action, if any two of the following characteristics are present:

  a. The faculty advisor (if applicable), or any of the executive officers of the organization is aware of the incident sufficiently in advance of its occurrence to prohibit its taking place, and takes no action to prohibit it.

  b. The faculty advisor (if applicable), or any of the executive officers of the organization knows the identity of the members involved in the incident and refuses to divulge that information to the appropriate university authorities or the police.

  c. The incident takes place in any public area within a chapter house or in any public place.

  d. The incident involves the expenditure of any organizational funds.

  e. The incident involves or is actively or passively endorsed by a majority of the members of the organization.

  f. The incident involves six or more members of the organization.

  For violations that do not occur on university property, action will be considered if university officials decide that university interests are involved. Disciplinary action may be taken by the university for any act constituting a violation of the law when the act is contrary to the university’s interests as an academic community. For example, the university may act on information received from other higher education institutions and other agencies from across the Commonwealth of Virginia. Additionally, Virginia Tech will share information about individuals visiting our campus who engage in misconduct with other institutions as appropriate. The university is especially concerned about high-risk behavior which threatens the lives, health, safety, and academic success of our students and has deemed off-campus violations to be actionable in the university student conduct system. Behaviors deemed high-risk include but are not limited to major alcohol violations, illegal drug violations, hazing violations, major theft, and abusive conduct. When conduct violates both civil law and the policies found in University Policies for Student Life and the Student Code of Conduct, disciplinary action may be taken by the university, irrespective of and separate from action taken by civil authorities. The university may proceed with disciplinary action before a trial or postpone action until after a trial, at the discretion of the university. The Commandant of Cadets administers those elements of the student conduct system that adjudicate alleged violations of cadet regulations, directives, policies, and the Cadet Honor Code. The Office of Student Conduct in conjunction with the appropriate office (Fraternity and Sorority Life for Greek letter organizations and the Office of Student Activities for all other student organizations) will administer those elements of the student conduct system that adjudicate allegations of misconduct related to student organizations.

  Direct supervisory jurisdiction is assumed by the Office of Student Conduct. It is the responsibility of the Office of Student Conduct to coordinate the adjudication process among the various adjudicating agencies.

  Provisions for Procedural Guarantees

  A student or organization that is alleged to have violated the Student Code of Conduct or any of the University Policies for Student Life and the Student Code of Conduct is entitled to the following procedural guarantees in a university student conduct hearing:

  1. The student or organization will be provided with a written statement of charges sufficiently in advance of the hearing and in reasonable detail to allow the student or organization to prepare a case for the hearing.

  2. Although students or organizational representatives may remain silent during a hearing, they may choose to refute or question any information or witnesses and will be given an opportunity to present a rebuttal to the charges and to produce witnesses or written statements on their own behalf.

  3. To help them prepare their response, students or organizational representatives may choose an advisor, who may be present at the hearing but may not participate in the proceedings. The advisor’s role is specifically limited to conferring with her or his advisee. When the hearing involves an assault or any complaint where a student is the referral agent, and/or an alleged victim, the complainant and accused student may have a support person or advisor present throughout the hearing, but the support person may not participate in the hearing process.

  4. At a hearing, the student or organizational representative may challenge the objectivity of any committee member or administrator, given reasonable cause to believe that the member may be biased or have a conflict of interest. (In the case of a committee hearing, the committee advisor will make a final ruling on any such challenge.)

  5. The outcome of the hearing will be determined solely on the basis of evidence presented during the hearing. A determination of responsibility is made when the preponderance of evidence supports the charge(s).

  6. After the hearing, the student or organization may appeal the decision of the hearing officer or committee, provided there are appropriate grounds as found in the Student conduct Appeals section.

  Student Conduct Procedures

  Any student, faculty member, staff member, or administrator may bring an alleged policy violation to the attention of the Office of Student Conduct for student conduct action. Persons who plan to bring a complaint against a Virginia Tech student should notify the Office of Student Conduct of their intention to do so as quickly as prudently possible.

  Alleged violations of misconduct by cadet students normally result in hearings by one of two separate and distinct student conduct bodies—the Cadet Honor Court or the Cadet Executive Committee. Both bodies make recommendations to the Commandant of Cadets for final disposition within the Corps of Cadets. Violations of cadet regulations, directives, and policies which also may constitute a violation of the Student Code of Conduct are forwarded to the university Student conduct system for further review and university action.

  The university student conduct system is supported by a number of student affairs faculty members who are appointed as university student conduct officers. These individuals have been specifically trained in student conduct programs and are knowledgeable about university policies and student conduct system precedent. Student Conduct Committees conduct hearings when referred students request peer review of their case. Student Conduct Committees are comprised of five students who are specifically trained in the university student conduct process. Hearings involving alleged sexual misconduct will be adjudicated by a mixed gender team of administrative university student conduct officers or a student conduct committee.

  Cases in which a student is subject to less severe disciplinary sanctions shall be reviewed by a university administrator for possible university administrative action. The university administrator shall review the incident and assess the information provided. The involved student will be advised, in writing, of the infraction and of the sanction to be imposed.  The student may request, in writing, a formal hearing within seven business days from the date on the notification letter, and the case shall be assigned to the appropriate adjudicating body for a formal hearing. If a hearing request is not received within the required time, such inaction shall be taken as agreement with the action, and the sanction set out in the notice shall be imposed without further notice to the student. In that situation, the student forfeits his/her right to appeal the administrative action decision.

  Cases in which deferred suspension, suspension, or dismissal will be considered shall be referred to the Office of Student Conduct for assignment to the appropriate adjudicating body for a formal hearing.

  Student Conduct Appeals

  An appeal is defined as a written request for review of the original case. The burden is on the appealing student/organization to demonstrate why the finding or sanction should be altered. Sanctions are not applied until the appellate officer decision is final.

  Students/organizations may appeal their cases on forms available from the Office of Student Conduct. Appeals must be based only on the following grounds: (1) denial of Procedural Guarantees, (2) significant and relevant new evidence that was not available at the time of the hearing, and/or (3) sanctions that are unduly harsh or arbitrary. Appeal requests will be denied in cases not having sufficient grounds in one or more of these areas.

  A written request for an appeal, stating the specific grounds upon which the appeal is based, must be received in the Office of Student Conduct by the end of the seventh business day following notification of the decision regarding the case. The day the decision is given is considered the first day of the appeal period. Appeals submitted after the seventh business day will not be accepted except in extenuating circumstances as determined by student conduct.

  Student Conduct Records

  To comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (as amended), Virginia Tech will not release educational records or personally identifiable information contained therein, other than directory information, without students’ written consent. For more information, visit the University Registrar’s website at, http://www.registrar.vt.edu/records/ferpa.php. Student conduct case records are private and will not be released without a student's written consent or by order of a court of law. Exceptions are noted below. A copy of student conduct case materials will stay on file in the Office of Student Conduct for a period of five years from the date of the incident, after which time it will no longer be released. Active student conduct sanctions from previous cases will always be considered by the hearing officer when determining sanctions. Records less than five years old with inactive sanctions will be considered, as appropriate, in determining sanctions. For Virginia Tech students who pursue additional degrees at Virginia Tech, active student conduct records will always be considered by the hearing officer when determining sanctions. Inactive sanctions of suspensions and dismissals will be considered, as appropriate, in determining sanctions.

  Notification of student conduct action taken against students is made on a need-to-know basis and including but not limited to the Dean of Students, the Commandant of Cadets in cases involving cadets, the Office of the Graduate School in cases involving graduate students, the director of Cranwell International Center in cases involving international students, the Athletic Department in cases involving varsity athletes, the director of residence life in cases involving residence hall students, and victims of crimes of violence (including Sexual assault) involving student perpetrators. Parents of students under age 21 will be notified if their son or daughter is found responsible for a violation of the alcoholic beverage or illegal drug policies and which leads to a sanction of deferred suspension, suspension, or dismissal. Other university agencies or organizations may be required to obtain written release before they can receive notification. Student conduct cases involving student organizations are not private. Accordingly, hearing notification and sanction letters are sent to organizational advisors and national headquarters (if applicable).

  In the case of suspension or dismissal, notification is sent to the Office of the University Registrar, the chief of the Virginia Tech Police, and the student's academic dean. In the case of suspension, a temporary notation is placed on the student's official transcript: “suspended by university action” and the duration of the sanction. Upon the request of the student, this notation may be removed at the end of the suspension period. These requests should be made to the director of student conduct. In the case of dismissal, a permanent notation is made on the student's transcript: “dismissed by university action.” Lesser sanctions, such as warning and probation, do not affect a student's academic standing and do not appear on the official transcript.

  University Student Conduct Sanctions

  The following student conduct sanctions may be imposed upon a student or student organization for violation of university policy. Student conduct sanctions are generally cumulative in nature. This information will only be relevant after a student is found responsible for the violation. When multiple incidents occur over a short period of time, student conduct hearings are usually scheduled in chronological order according to the date of the incident(s), and all student conduct records are considered in determining an appropriate sanction. Scholarship and student aid committee policy states that university scholarships are withdrawn for students on suspension or deferred suspension, where acceptable university citizenship is a condition of the aid. This policy affects private and some state awards, but does not affect federal aid such as BEOG, SEOG, NDSL, SSIG work study, and guaranteed student loans. Student conduct sanctions may affect a student’s employment with the university such as, undergraduate or graduate teaching assistants, graduate assistantship, or other forms of employment.

  1. Formal Warning Student/organization is officially notified that his or her actions have constituted a violation of university policies and are, therefore, inappropriate. Further violations may result in more serious disciplinary action.

  2. Restitution Student/organization is required to make restitution for damage to university or private property. Restitution may be in the form of monetary payment or community service.

  3. Educational Activity Student/organization is required to demonstrate his or her responsibility as a member of the university community by performing certain reasonable and relevant educational activities. Failure to complete the educational activity by the time prescribed by the student conduct officer/committee will result in one semester of suspension from the university (excluding summer). Failure of student organizations to complete the educational activity by the time prescribed by the student conduct officer/committee will result in withdrawal of university recognition for one semester (excluding summer).

  4. Probation Student/organization is notified that his or her status with the university for a specified period of time is such that further violations of university policies will result in his or her being considered for suspension from the university. If at the end of the specified time period no further violations have occurred, the student is removed from probationary status. Student organizations are notified that their status with the university for a specified period of time is such that further violations of university policy will result in being considered for loss of recognition from the university.

  5. Denial of Privileges or Associations Student/organization is notified that, for a specified period of time, certain privileges or associations within the university are withdrawn. This sanction includes, but is not limited to, termination of residence hall contract, removal from athletic events, removal from the Corps of Cadets, denial of the privilege of participating in recreational sports activities, and revocation of the privilege of accessing certain university facilities and revocation of social function privileges for student organizations.

  6. Deferred Sanction In some cases, a sanction of suspension or a denial of privilege may be held in abeyance for a specified period. This means that, if the student/organization is found guilty of any violation during that period, he or she will be subject to the deferred sanction without further review in addition to the disciplinary action appropriate to the new violation. During this time, the certain student organizations may be prohibited from participating in any social functions. For students involved in serious misconduct, the conferring of an academic degree will be deferred for the duration of the sanction.

  7. Suspension from the University Student is notified that he or she is separated from the university for a specified period of time. Students who are suspended must leave campus within the time prescribed by the hearing/appeal officer. Permission to return to Virginia Tech may be required by the director of student conduct. Permission must be granted before a student will be permitted to re-enroll. If the decision to suspend a student is made, imposition of the suspension may be delayed until the following semester at the discretion of the university, if the decision occurs very late in the semester. However, if the hearing officer feels that the health and safety of the student or the university community is at risk, the suspension may be effective immediately. A notation is placed on the student's academic transcript: “suspended by university action.” For student organizations, recognition with the university is withdrawn for a specified period of time. Permissions to regain status may be required by the director of student conduct and other appropriate university officials. For students involved in serious misconduct that could result in suspension, the conferring of an academic degree will be deferred for the duration of the suspension. Suspensions effective for the subsequent semester will be effective immediately following the conclusion of the current semester.

  8. Dismissal Student is notified that he or she is permanently separated from the university. A notation is placed on the academic transcript: “dismissed by university action.” Student organization is notified that the university is permanently removing recognition of the organization. For students involved in serious misconduct that could result in dismissal, the conferring of an academic degree will be deferred. If the decision to dismiss a student is made, imposition of the dismissal may be delayed until the following semester at the discretion of the university, if the decision occurs very late in the semester. However, if the hearing officer feels that the health and safety of the student or the university community is at risk, the dismissal may be effective immediately. Dismissals effective for the subsequent semester will be effective immediately following the conclusion of the current semester.

  9. Interim Suspension The university retains the authority to impose an interim (immediate) suspension if such action is necessary to preserve the safety of persons or property. In this instance, students/organizations will be afforded an interim suspension hearing and an opportunity to show why their continued presence on campus does not constitute a danger to others, to themselves, or to property. A full hearing in compliance with University Policies for Student Life will be provided as soon as possible.

• Interim Suspension Policy

  Interim Suspension Policy
  

  The university retains the authority to impose an interim (immediate) suspension if such action is necessary to preserve the safety of persons or property. In this instance, the students will be afforded an interim suspension hearing and the opportunity to show why their continued presence on campus does not constitute a threat to themselves, others, or property. The interim suspension hearing is separate from a formal student conduct hearing. A formal student conduct hearing will be provided as soon as possible.

  Students may be interimly suspended from the university or selected campus facilities with proper notice. The following steps explain the procedure for imposing an interim suspension:

  1. When a situation, as defined above, occurs, the responding university official contacts the Dean of Students or his/her designee to assess the situation. If the situation is sufficiently serious, the Dean of Students, in consultation with others can determine if an interim suspension hearing is necessary.

  2. The interim suspension hearing will be held as quickly as possible and will be presided over, and a decision rendered by, the associate vice president for student Affairs or his/her designee. The student, the responding university official and other witnesses as deemed appropriate by the Dean of Students or the associate vice president for student affairs, will attend the hearing. If the student is unable or unwilling to attend the hearing, depending upon the circumstances, the hearing may proceed without the student. During the hearing, the student will be given an opportunity to demonstrate why his or her continued presence on campus does not constitute a threat to themselves, others or property.  As part of the hearing, the student may be required to submit to an immediate medical/psychological evaluation. The evaluation may include a 24-hour period of observation. The student will be evaluated by the director of the Cook Counseling Center or his/her designee. Results of this evaluation will be shared with the appropriate university officials. Agreeing to this evaluation does not preclude interim suspension, additional disciplinary action, or a decision to impose a medical withdrawal from the university. If the student agrees to an evaluation, the interim suspension may be delayed until the evaluation is completed.

  3. Based on the outcome of the interim suspension hearing and/or the evaluation, the student may be suspended from the university, medically withdrawn, and/or banned from selected campus facilities until a formal student conduct hearing can be convened. If a student is suspended, he or she will receive written notice of this decision by the associate vice president for student affairs or his/her designee. If interimly suspended, the student will be escorted out of the facility and/or off campus by a Virginia Tech Police Officer. The decision of interim suspension will be final. There will be no appeal.

  4. The outcome of the interim suspension hearing will be shared with the Office of Student Conduct which will schedule, as soon as possible, a formal student conduct hearing to determine the final consequences of the initiating inappropriate behavior.