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Healthy Together Community Commitment Violations

A summary of student conduct actions and sanctions.

About Quarantine & Isolation

If involved in a Healthy Together Community Commitment incident, students are required to log in and complete the Report COVID-19 form immediately to facilitate case management of the potential COVID-related impact. 

You may be told to isolate or quarantine. This is not a student conduct action; it is a separate process intended to protect the health of you and the community, coordinated by the Student Health Center and W&M’s case managers. Visit Case Management to learn more. If you are positive or a close contact, visit ReportCOVID.wm.edu.

Administrative Resolution Process

In order to protect the health and safety of the William & Mary community, the Dean of Students Office, at the direction of the President, established a Health Emergency Administrative Resolution Team (HEART) of trained personnel to administer the process for violations of the Healthy Together Community Commitment (HTCC). The HEART Team addresses reports of possible violations of the HTCC policy via the process explained and outlined below.  

Single column table of collapsible items for formatting purposes.
HEART Response Process
  • A concern that alleges a potential Healthy Together Community Commitment (HTCC) violation is reported and assigned to a HEART case administrator. Upon receiving this concern, the case administrator sends the involved students a letter via W&M email notifying them of the alleged violation(s) of the HTCC and other provisions of the Student Code of Conduct if applicable, a summary of the relevant incident facts, the range of possible sanctions according to the established sanctions guideline, and the date and time the student can meet with the case administrator if the student chooses to meet.
  • The letter provides the student an opportunity to review the facts as reported and to either accept responsibility or request an opportunity to be heard before a case administrator to refute the allegations or provide possible mitigating circumstances relevant to sanctioning. Students will have up to two business days to review or accept the scheduled meeting with a case administrator.
  • The notification letter will include information about a scheduled meeting via Zoom with the student. During this meeting, the case administrator will explain the administrative resolution process to the student, outline the range of potential sanctions if found responsible, and present the information gathered at that point in time. The student will have the opportunity to dispute the facts alleged or to provide an explanation of the events in question. The student also may present any information as to any mitigating factors the student believes should be considered.
  • Students may have one advisor or one silent supporter accompany them to this meeting for support. Students can request a CHAP (Conduct and Honor Advisor Program) member serve as their advisor. A silent supporter can be a friend, a family member, or other individual. Silent supporters cannot participate in the proceedings.
  • If the student accepts responsibility, does not reply within the allotted time or fails to attend the scheduled meeting, the university will consider the matter resolved and will impose any sanctions effective immediately upon issuance.
  • The case administrator will determine if the student is responsible for violating the Healthy Together Community Commitment following the Preponderance of the Evidence standard (i.e. the available information establishes that it is more likely than not that the student violated the policy).
    • If the case administrator finds the student not responsible, the case administrator will send the student notice in writing to the student’s W&M email.
    • If the case administrator finds the student responsible for one or more violations, the case administrator will determine sanctions following the established sanctions guideline while considering any relevant mitigating or aggravating factors.
Interim Measures
 

In certain circumstances, the Dean of Students or designee can impose interim measures, including but not limited to, a university or residence hall suspension prior to the resolution of a HTCC report.

Interim measures may be imposed to ensure the health or safety of the student or of other members of the university community, or if the student or recognized student organization poses an ongoing threat of disruption of, or interference with, the normal operations of the university.

Sanctions
  • All students found responsible for a violation will receive at least a Primary Sanction: disciplinary probation, deferred disciplinary suspension, disciplinary suspension, or permanent dismissal. Case administrators also can issue one or more secondary sanctions as appropriate. For violations of the Code of Conduct, the case administrator can assign secondary sanctions associated with the violation contained within the Student Handbook. Full descriptions of primary sanctions are available below.
  • Sanctions will be based upon the student’s actions and the potential impact of those actions on the campus community, the student’s prior conduct record, including prior violations of the HTCC policy, and any aggravating or mitigating circumstances. 1
  • Aggravating circumstances include, but are not limited to, the student’s prior conduct record, failure to provide truthful information, acts that interfere with the conduct process (e.g. tampering with or destroying available information, and/or threatening, harassing or intimidating witnesses), lack of cooperation, or student’s demonstration of lack of remorse for, and/or insight into, the student’s actions. 
  • Mitigating circumstances include, but are not limited to, the student’s demonstration of remorse for, and/or insight into, the student’s actions and steps the student already has taken to ameliorate for the student’s actions. 
  • The impact of a standard sanction on a particular student will not be considered a mitigating circumstance unless the student establishes that the sanction effectively will bar the student permanently from returning to the university in the future. The fact that a standard sanction will result in temporary financial hardship or in the student losing certain ancillary opportunities will not be considered as mitigating factors meriting reduction of the sanction. 
  • Students who receive sanctions in line with the sanction guidelines cannot appeal the sanctions. Only students who receive sanctions that are not reflective of the standard range of sanctions may appeal on the basis of inappropriate sanctions.
  • Students who receive a sanction that includes loss of campus housing must vacate their room within 96 hours of notice as outlined in the sanction letter. As the loss of housing is the result of university student conduct action, the student will not receive a refund for housing costs. Students who do not complete the move-out process within the allotted time or without prior approval for delay granted by the Director of Residence Life or designee will be subject to additional sanctioning.
Sanction Descriptions
  • Disciplinary Probation: a continued enrollment with a warning that further misconduct or violation of university regulations during the period of probation will be referred to the appropriate panel or administrative officer and may result in the student’s separation from the university. Students on probation may be required to engage with a mentor provided by CVRP and comply with the mentor’s assigned tasks.
  • Deferred Disciplinary Suspension: a designated period during which a student is given the opportunity to demonstrate their ability to abide by all community behavior expectations. A student on Deferred Suspension as a result of the HEART process is considered “not in good standing.” In contrast to typical practice, the university will not place a notation on the transcript of students that comply with issued sanctions.
  • Disciplinary Suspension: an involuntary separation from the university for a duration of time in which the student is required to leave campus and is not eligible to participate in classes or any university-sponsored or university-related activities. During the period of suspension, the student is not permitted on campus without prior written permission granted by the Director of CVRP or designee. Suspension requires the student to petition for and receive reinstatement to good standing. In contrast to typical practice, the university will not place a notation on the transcript of students that comply with issued sanctions.
  • Permanent Dismissal: an involuntary separation of the student from the university without the possibility of future enrollment. The student is required to leave campus and is not eligible to participate in classes or any university-sponsored or university-related activities. The student is not permitted on campus without prior written permission granted by the Dean of Students or designee. The university will place a permanent notation of Dismissal on the student's transcript.
  • Loss of Access to Campus Facilities: Though enrolled, students who receive this sanction will not be permitted to access any W&M owned or leased property. Students who lose access to campus facilities, which includes the ability to live in university housing, are required to activate their short-term emergency evacuation plan to leave campus, unless otherwise directed by the case administrator. Students will be issued a no-trespass order as a part of this process and are not permitted on campus without prior written permission granted by the Director of CVRP or designee.
Appeals
  • Students have three calendar days upon receiving written notice of their sanctions to submit an appeal. Students must submit their appeal in writing from their W&M email to Student Affairs care of CVRP at [[cvrp]]. The appeal must be based on one or more of the grounds below. During the appeal window, all sanctions remain in effect (i.e. sanctions will not be delayed due to appeal).
  • Student Affairs will conduct a preliminary review of the student's appeal letter to determine whether the appeal merits further review. If Student Affairs determines the appeal does not merit further review, the staff will notify the student via email of the decision and its basis, and the matter will be final. If the staff member determines the appeal merits further review, the staff member will forward the appeal to an Appeals Officer for review.
  • Student Affairs will notify the student in writing via email of the outcome of their appeal within three business days.
  • Appeals are limited to a review of the written documentation or record of the investigation and the student's narrative regarding the grounds for appeal. With the exception below, the student cannot submit any new evidence/information.
  • Appeals are not intended to be re-hearings (de novo) of the allegation(s), nor may the Appeal Officer substitute their judgment for that of the Case Administrator. The finding and sanction are presumed to have been decided reasonably and appropriately unless there is clear error based on the stated appeal grounds.
Grounds for Appeal
  • Appeals are limited to excessive sanctions (sanctions exceeding the Guidelines), insufficient information to support a finding of responsible, and/or procedural error that affected the outcome of the case.
Standard of Review for Appeals
  • As appeals are reviews of previously-determined decisions, generally, no new evidence/information will be considered in the appeal. If the student is asserting that the student has substantive new evidence that was unavailable and undiscoverable at the time of the resolution, the Appeal Officer will remand the case to CVRP within two business days for review by the case administrator. If the student is asserting new evidence in the appeal, the student must also establish that the evidence was unavailable and undiscoverable to the student at the time the case administrator resolved the matter.
  • For appeals based on excessive sanction, the Appeal Officer will review the matter using the standard of whether the sanctions are congruent with the Sanction Guidelines (including consideration of the student’s prior conduct record and any aggravating or mitigating factors found by the case administrator), and if not, whether the sanctions are reasonable in light of the student’s actions, the impact of their actions, and any aggravating factors found by the case administrator. The Appeal Officers will not substitute their own judgment in reviewing sanctions. The Appeal Officer will presume the findings and sanctions were decided
    reasonably and appropriately unless there is a clear basis to determine
    otherwise.
  • For appeals based on procedural violation, the Appeal Officer will review the matter using the standard of whether the record establishes that there was, in fact, a violation of the procedures, and if so, whether that violation would have, or could have, impacted the outcome of the
    matter (i.e., a substantially different outcome could have resulted had had the violation not occurred).
  • For appeals based on insufficient information to support the finding of responsible, the Appeal Officer will review the information considered by the original case administrator to determine whether the finding was reasonable considering the information using the Preponderance of the
    Evidence standard. 
Process Map
 flowchart.jpg


If you experience difficulty accessing the content of the process map, review the HEART Response Process text for a full description.

Sanctions Guideline2
Four-column table with a top header row.

Category

Range of Individual Student Sanctions for First Violation

Range of Student Organization Sanctions for First Violation 

Mitigating/Aggravating Factors include, but are not limited to: 

Level I.

  • Masking policy violation 
  • Physical Distancing policy violation 
  • Violation of Res-Life COVID Related Policies (Occupancy, Unauthorized use of Vacant space, etc.)  
  • Entering a residence hall where the student does not reside 
  • Hosting an unauthorized visitor in student’s residence hall 
  • Entering a Residence Hall prior to scheduled move in period
Primary Sanction
  • Disciplinary Probation (one or more semesters)

Secondary Sanctions 

  • Reflective Essay (2 pages) for first-time violation 
  • Community Service Hours 
  • Apology 

 Primary Sanctions

  • Disciplinary Probation (one or more semesters) or Probation with Loss of Privileges (one or more semesters) 

Secondary Sanctions 

  • Educational Measure (e.g. Developing an organizational policy that holds members accountable for violating institutional policy)  
Aggravating/Mitigating Factors
  • Alcohol or drugs involved 
  • Negatively affecting the conduct process (e.g. harassing or threatening witnesses, destroying available information) 
  • Number of people involved 
  • Willful disregard for HTCC policies 
  • Length of time participating in behavior 
  • Previous violations of the HTCC policy and/or the conduct and honor codes 
  • Demonstrated insight  
  • Acceptance of responsibility for actions 

Level II.

  • Attending an unauthorized "gathering" (over the number of persons permitted by either the university-wide gathering limit OR for the specific location of the gathering, whichever is smaller, and/or a gathering hosted in an unauthorized space) 
  • Any second lower-level HTCC (Level I violation) 

Primary Sanctions

  • Disciplinary Probation (two or more semesters) or  
  • Deferred Disciplinary Suspension (one or more semesters) 

Secondary Sanctions 

  • Any Level I Secondary Sanctions 
  • Loss of Access to Campus Facilities (on and off campus students) 
  • Loss of Campus Housing without refund (on campus student)

 Primary Sanctions

  • Disciplinary Probation with Loss of Privileges (one1 or more semesters) 

Secondary Sanctions 

  • Any Level I Secondary Sanction 
  • Community Service (10-25 hours – 90% of group members must complete the required amount of hours) 

 

Aggravating/Mitigating Factors
  • Alcohol or drugs involved 
  • Negatively affecting the conduct process (e.g. harassing or threatening witnesses, destroying available information)  
  • Number of People Involved 
  • Willful disregard for HTCC policies 
  • Length of time participating in behavior 
  • Previous violations of the HTCC policy and/or the conduct and honor codes 
  • Demonstrated insight  
  • Acceptance of responsibility for actions 

Level III.

  • Violating directives provided by medical professionals/CRT (including violating self-isolation/quarantining policies or missing required COVID related appointments – testing, etc.) 
  • Hosting an unauthorized “gathering” (over the number of persons permitted by either the university-wide gathering limit OR for the specific location of the gathering, whichever is smaller, and/or a gathering hosted in an unauthorized space) 
  • Any violation after receiving a previous mid-level HTCC interaction (Level II violation after previous Level I violation or second Level II violation)

Primary Sanctions

  • Disciplinary Suspension (one or more semesters) or Permanent Dismissal  

Secondary Sanctions 

  • Any Level I or Level II Secondary Sanctions 
  • CVRP Case Management Meeting(s)

 

Primary Sanctions
  • Suspension (one1 or more Semesters) or Termination of University Recognition 

Secondary Sanctions 

  • Any Level I or Level II Secondary Sanction 

  Aggravating/Mitigating Factors

  • Alcohol or drugs involved 
  • Negatively affecting the conduct process (e.g. harassing or threatening witnesses, destroying available information)  
  • Number of People Involved 
  • Willful disregard for HTCC policies 
  • Length of time participating in behavior 
  • Previous violations of the HTCC policy and/or the conduct and honor codes 
  • Demonstrated insight  
  • Acceptance of responsibility for actions 

Intentional False Report

 

Primary Sanctions

 

Deferred Suspension for 1 Semester

Secondary Sanctions
  • Loss of Access to Campus Facilities

 

 

 

1 If the reported actions also violate other policies contained in the Student Handbook (e.g. Alcohol Policy, Residence Life Policies), the case administrator can consider this to be an aggravating factor in determining the primary sanction and/or add appropriate secondary sanctions to address these violations. If the case administrator finds the actions violate the Code of Conduct but not the HTCC, the case administrator can hold the student/organization accountable in accordance with the sanctions contained within the Student Handbook.

2Whether a student has been vaccinated already will be considered immaterial as to whether the student has violated the policy.