The student conduct system at the university exists to provide a living and learning environment which reflects the values of the institution. Through it, the university seeks to guide students toward the development of personal responsibility, respect for others, and mature behavior. While the university's conduct system may have some similarities with the legal system established in the broader community, it is essentially educational and administrative in nature and is not governed by narrow legalisms or the restrictions found in criminal or civil proceedings.
Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Section VII. (The examples of offending misconduct contained in the footnotes are illustrative, not exhaustive.)
A. Conduct Affecting Persons
1. Causing physical harm, threatening harm to any person, or behaving in a manner that a reasonable person would find alarming or intimidating. Negligent conduct that results in injury to others violates the Student Code of Conduct.
2. Behaving in a manner that endangers the health or safety of another person or in a manner that a reasonable person would consider indecent or disorderly.
3. Engaging in conduct that infringes on the rights of others.(1)
5. Engaging in Harassment or Sexual Harassment (see Appendix I).
6. Driving a vehicle under the influence of alcohol or with a blood alcohol level (as shown by a lawfully administered blood or breath test) in excess of that permitted for drivers by Virginia law or driving under the influence of marijuana or another controlled substance as defined by Virginia Law.(3)
7. Hazing, including acts which endanger the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with or as a condition for continued membership in, a group or organization. Apathy or acquiescence in the presence of hazing are not considered neutral acts; they are violations of this rule. The express or implied consent of the victim, tradition, and intent of such acts are not valid defenses.
8. Disrupting or obstructing the normal living and work environments of other members of the university community or the functions or activities of the university (as well as activities conducted on the university's property with its permission).(4)
9. Using electronic or other devices to make an audio or video recording of the private activities of any person without his/her prior knowledge or without his/her effective consent.
10. Violating the College's Firearms, Combustibles, Weapons and Explosives Policy (see Appendix II)
B. Conduct Affecting Property
1. Damaging property of the College and/or members of the university community or other personal or public property, on or off campus.
2. Possessing property of another person, the university, or another entity without proper authorization. (5)
3. Violating the university's Fires/Emergency Equipment policies.(6)
4. For reasons of safety and security, all roofs, balconies, porches, window ledges, mechanical equipment areas, and steam tunnels of university buildings are closed to all but authorized employees.
C. Conduct Affecting the University Community
1. Breaching campus safety or security including intentionally damaging door locks, and unauthorized possession or use of College keys or access cards.
2. Unauthorized Entrance or Presence includes unauthorized entrance into, or presence in, University facilities, offices of a faculty member, administrative personnel, or other person on University property, or the private rooms of a student. Students also cannot remain in a facility when the facility is officially closed (examples include the library and student centers). Students cannot enter into or upon any restricted area; nor can any student assist or make possible the unauthorized entry of any person into any restricted area. Restricted areas include but are not limited to tunnels, roofs, monuments, posted or enclosed construction sites, and secreted utility areas.
3. Violating the university's technology policies.
4. Failing to comply with the directions of university officials or law enforcement officers acting in performance of their duties; failure to identify oneself to these persons when requested to do so;(7) and/or failing to comply with a sanction issued by an appropriate Case Administrator or panel hearing board.(8)
5. Failure to Disclose or Update Records of Convictions or Disciplinary Actions on Application. Students who do not comply with the College’s requirement to disclose records of criminal conviction or disciplinary action taken by the student’s school, either before applying or after applying but
before matriculation, will be considered in violation of this section. Failing to disclose will be considered a serious violation and may include suspension or permanent dismissal from the university.
6. Violating any policy, rule, or regulation published in hard copy or available electronically on the university website or disseminated via official means of communication (e.g., email or letter) including the terms of the Residence Life Contract.
7. Abusing the student conduct system.(9)
8. Knowingly abusing a position of trust or responsibility with the university.(10)
9. Hosting guests who violate policy. All guests are expected to abide by university regulations. Students are responsible for the behavior of their guests and may be sanctioned for violations committed by their guests.
D. Alcoholic Beverages and Drugs(11)
1. Violating the Alcoholic Beverage Policy. Use, underage possession, or distribution of alcoholic beverages (except as expressly permitted by university regulations), public intoxication, or driving under the influence of alcohol (see Appendix III).
2. Violating the Drug Policy. Use, possession, manufacturing, or distribution of drugs and/or drug paraphernalia. For the purpose of these regulations, drugs include any controlled substance, including marijuana, cocaine, amphetamines, ecstasy, LSD compounds, mescaline, psilocybin (psychedelic mushrooms), DMT, narcotics, opiates, and other hallucinogens, except when taken under and pursuant to a physician's prescription in accordance with law.(12)
E. Violations of Local, State, or Federal Law
Conduct leading to arrest, indictment, or conviction for violation of local, state, or federal law may result in disciplinary action by the university if the Dean of Students or designee, determines that such action is necessary for the protection of other members of the university community, for the safeguarding of the educational community, to prevent the disruption of any lawful activity carried on by the university or others on its behalf, or activities on university property. The university reserves the right and responsibility to initiate its own disciplinary proceedings without awaiting court action or the conclusion thereof.
(1) Examples include: exposing one's own genitals, buttocks, or breasts in a public place (unless specifically authorized for activities such as theater productions or class) and entering a student's residence room without explicit or implicit permission
(2) Including but not limited to sexual intercourse, sexual contact, sodomy, or object penetration of the anus or vagina without the person's consent, and intentional touching or fondling of a person's genitals, breasts, thighs, or buttocks.
Sanctions for sodomy, object penetration, or sexual intercourse without consent (whether by acquaintance or stranger) include indefinite suspension or permanent dismissal. Sanctions for intentional touching or fondling range from probation to dismissal.
(4) Examples include: blocking entrances, corridors or exits; interfering with ongoing educational activities cultural events, or recreational, extracurricular or athletic programs; unauthorized presence in a building after normal closing hours or after notice that the building is being closed; interfering with vehicular or pedestrian traffic; and interfering with any other effort to protect the health and safety of members of the College community or larger public.
(6) Including intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency; tampering with fire safety or emergency equipment; intentionally, carelessly or recklessly causing a fire to be ignited; intentionally interfering with or failing to follow emergency procedures; or entering or failing to evacuate a building when a fire drill is conducted or when an alarm is sounded.
Fires may not be started in campus buildings or elsewhere, including the university's woods, unless approved by the university's Fire Safety Officer. This prohibition includes the burning of personal or organizational property. The Fire Safety Officer may approve fires in fire places in residence halls.
(7) Such a request must be made by one who identifies him/herself and acts in the reasonable and good faith belief that compliance with the request is necessary for the safety and welfare of the person or persons or others, to prevent the disruption of any lawful activity carried on by the university, to maintain university or personal property, to maintain vehicular traffic, or to perform the official's duties.
(9) Including refusing to appear, testify, or remain present during an official university hearing or meeting with any person connected with the disciplinary or honor processes; distortion or misrepresentation of information before a committee, administrator, or the Honor Council; contacting witnesses or any other party to an incident to intimidate them or to get them to change their testimony; or institution of a Student Conduct or Honor proceeding in bad faith.
(10) Students holding positions of trust or responsibility include student workers (paid or unpaid), student leaders, Resident Advisors, Student Conduct Council and Honor Council members, and Orientation Aides. Students in these positions have a special relationship with the College and are expected to respect the privacy of other students and members of the College community, including by maintaining confidentiality of student records, abiding by College policies, and using resources in an ethical fashion.
(11) In situations where a student is seeking medical attention for him or herself or others, the Medical Amnesty policy will apply with respect to charges of violating the Alcoholic Beverages and Drugs policies. (See Appendix IV).
(12) The sanctions for manufacturing or providing drugs range from suspension to permanent dismissal. The sanctions for possession or use of drugs range from probation to permanent dismissal. Loss of housing is a typical sanction for drug use in university residences. (See also Appendix VI).