Student Conduct Board
Purpose The Student Conduct System of UVa-Wise is designed to support the purpose and mission of the College. A fundamental premise of the system is that students are expected to act responsibly so that each student has the opportunity to grow intellectually, spiritually, physically and socially. The System also is designed to encourage accountability by stressing the relationship inherent between individual action and consequences. The System is intended to be educational in nature, rather than punitive. Due process is a fundamental ingredient of the system, yet this principle should not be confused with the legal restrictions associated with criminal courts of law. The principles of fairness and reasonableness serve as foundations for the system.
All student conduct violations accumulate during a student's time at the College. Student conduct records are maintained for a minimum of seven academic years or longer in the case of more severe or repeat offenders.
Structure The Student Conduct System of UVa-Wise is comprised of three levels. These levels are:
A. Administrative settlements
Administrative settlements (in lieu of a hearing) may be offered to students for minor offenses including, but not limited to, Health and Safety, noise, and visitation violations. Administrative settlements will be conducted by the Director of Residence Life or designee. The student may choose a hearing rather than sign an Administrative Hearing Form. If a student chooses to accept an administrative settlement, there will be no opportunity for appeal.
Hearings will be arranged to adjudicate all offenses not handled by administrative settlements. The Clery Compliance & Student Conduct Administrator will assign each case to a hearing (administrative or Student Conduct Board). An Advisor can be present but may not participate in hearings. Every effort will be made to consider the individual circumstances of each case to determine which type of hearing would best serve the student and the College in the student conduct process. The student conduct process is designed to be educational rather than punitive. Factors weighed in determining whether a case is heard by an administrative hearing or a Student Conduct Board hearing include, but are not limited to: need for expediency, severity of the alleged offense, sensitivity of the case, and student conduct history of the charged student.
- Administrative hearings
a) Administrative hearings will be provided when, in the judgment of the Clery Compliance & Student Conduct Administrator, there is a clearly demonstrated need to conduct an administrative hearing. Examples include cases involving alleged misconduct at the beginning or end of an academic semester when the Student Conduct Board cannot be convened or due to the expediency that may need to be exercised as a result of the severity of the alleged offense.
b) The Director of Residence Life, the Clery Compliance & Student Conduct Administrator, the Associate Vice Chancellor for Compliance & Conduct, and/or their designees may conduct administrative hearings.
2. Student Conduct Board hearings
The Student Conduct Board shall be composed of five members. Membership shall consist of the following:
a) Three on-campus students nominated by the Director of Residence Life and approved by the Associate Vice Chancellor for Compliance & Conduct;
b) Two off-campus students nominated by the Student Government Association and approved by the Associate Vice Chancellor for Compliance & Conduct; and
c) The Clery Compliance & Student Conduct Administrator shall serve as advisor to the Board. He/she participates in discussions, but does not vote. The student Chair shall be elected by the student membership of the Board.
d) Note: Two alternates may also be selected, one from on-campus and one from off-campus using the process as described above.
e) Members must be in good academic and social standing with the College. Board members shall serve for one year and are eligible for re-nomination. A minimum of three Board members, not including the Clery Compliance & Student Conduct Administrator, is necessary to conduct a hearing. The Board shall meet regularly to hear cases.
C. Appeals process
- For all decisions except suspension or expulsion:
a) All student conduct hearing decisions may be appealed in writing to the appropriate party within 48 hours of the decision and must state just cause for the appeal.
1) Decisions made by the Director of Residence Life may be appealed to the Clery Compliance & Student Conduct Administrator.
2) Decisions made by the Student Conduct Board or the Clery Compliance & Student Conduct Administrator may be appealed to the Associate Vice Chancellor for Compliance & Conduct.
b) Requests for appeal must be initiated in writing to the Vice Chancellor for Enrollment Management & Student Life by the student within 48 hours of the decision and must state just cause for the appeal. The student may or may not be granted a hearing during the appeal process. If the student is granted an appeal, the hearing will be completed within seven (7) business days of receipt of the appeal request.
2. For suspension and expulsion appeals:
a) Unless the original decision is rendered by the Associate Vice Chancellor for Compliance & Conduct, the student has the right of two appeals.
1) The first appeal would be heard by the Associate Vice Chancellor for Compliance & Conduct (and/or designee) and the second appeal would be heard by the Chancellor (or designee).
2) If the student is suspended or expelled by the Associate Vice Chancellor for Compliance & Conduct, the student may appeal only to the Chancellor (or designee).
b) Requests for first appeal must be initiated in writing to the Associate Vice Chancellor for Compliance & Conduct (or to the Chancellor (or designee) if suspended/expelled by the Associate Vice Chancellor for Compliance & Conduct) by the student within 48 hours of the decision and must state just cause for the appeal. Upon review of the appeal request, the student may or may not be granted a hearing. If the student is granted a hearing, it will be completed within seven (7) business days of receipt of the appeal request. If a hearing is granted, it may be audio recorded and maintained as part of the student conduct record.
c) Requests for second appeal are only available to those students who had a first appeal hearing with the Associate Vice Chancellor for Compliance & Conduct (and/or designee). This appeal request must be initiated in writing to the Chancellor (or designee) by the student within 48 hours of the first appeal decision and must state just cause for the appeal. Upon review of the appeal request, the student may or may not be granted a hearing. If a hearing is granted, it may be audio recorded and maintained as part of the student conduct record.
Sanctions Any of the following sanctions, or combinations of sanctions, may be imposed on a student responsible for a Code of Conduct violation. All sanctions are noted in a conduct record. Disciplinary action other than those outlined below may be taken as the situation warrants. Failure to abide by the imposed sanction may result in additional charges.
- Oral Reprimand An oral statement to a student that he or she is violating or has violated institutional rules. No admonition shall be entered as a permanent part of a student's record unless issued by an appropriate student conduct body.
- Written Reprimand Notice in writing that continuation or repetition of inappropriate conduct within a period of time stated in the warning may be cause for more severe disciplinary action.
- Forced Change of Residency Requires the movement of the student from one residence hall area to another.
- Removal from Campus Housing Requires the student to vacate campus housing by a designated time.
- Trespass Warning The student is prohibited from visiting or returning to a part or all of any designated area of campus. If the student returns, he/she is subject to arrest and additional student conduct action.
- Fines An appropriate fine may be levied for policy violations or damages incurred.
- Restitution Restitution of loss encumbered by the individual or College as a result of the student's conduct violation.
- Community Restitution Community restitution and/or participation in educational programs or projects may be assigned. There will be a $25.00 per hour fee for community restitution hours not completed.
- Loss of privileges Restricting use of stereo, television, radio, amplifying equipment, other sound-creating device or loss of parking privileges.
- Disciplinary Probation May include exclusion from participation in privileged or extracurricular College activities as set forth in the notice of probation for a period not exceeding one school year.
- Minimum Sanctions Applicable for Alcohol Violations
First Offense - A $100 fine, 15 hours of mandatory community restitution, and probation for one year. Note — the $100 fine may either be paid at the Cashier’s Office or campus working arrangements may be made with the Clery Compliance & Student Conduct Administrator to satisfy the fine.
Second Offense - Minimum $150 fine, 30 hours of mandatory community restitution, and probation for one year. Students may additionally be required to complete a community-based alcohol or counseling program, with suspension until written notification of successful completion of the community-based program is received by the Clery Compliance & Student Conduct Administrator. Note — the $150 fine may either be paid at the Cashier’s Office or campus working arrangements may be made with the Clery Compliance & Student Conduct Administrator to satisfy the fine.
Third Offense – Suspension or Expulsion
NOTE: Discretion may be used in applying sanctions in cases where violation is of such a nature to warrant additional or more severe actions.
- Minimum Sanctions Applicable for Drug Violations
First Offense - A $150 fine, 24 hours of mandatory community restitution, and probation for one year. Note — the $150 fine may either be paid at the Cashier’s Office or campus working arrangements may be made with the Dean of Students to satisfy the fine.
Second Offense - Suspension or Expulsion
- Interim Suspension Temporary suspension by an official of the College for a designated period of time. Students who are interim suspended are judged to be disruptive in conduct to the educational mission and/or pose a substantial threat to the health or safety of themselves or others. An interim suspension is made pending a hearing on the alleged offense.
- Suspension Exclusion from classes and other privileges or activities or from the College, as set forth in the notice of suspension, for a definite period of time.
- Expulsion Termination of student status for an indefinite period of time.
NOTE: Students that are suspended or expelled are trespassed from all College property and College-sponsored events without prior approval from the Office of Student Life.
Rights of students in student conduct hearings These rights include:
- Right to written notice of all charges against the student (The notice must be received at least 48 hours prior to the scheduled hearing. The student may have the option of waiving the 48-hour notice. It is the student's responsibility to appear at the scheduled hearing. Failure to appear may lead to additional charges. The case will be heard even if the student does not appear and he/she has received the proper notice.);
- Right of due process within the structured Student Conduct System, except within the last ten (10) days of each semester and during the summer sessions, during which the Associate Vice Chancellor for Compliance & Conduct or designee will address student conduct matters;
- Right to be presumed not responsible until proven responsible;
- Right to refuse to answer questions that tend to be self-incriminating;
- Right to a hearing conducted in a timely manner;
- Right to present material and character witnesses from the College community (Material witnesses are those possessing direct knowledge of the case under consideration or those having technical or expert information relevant to the case. The student may present two character witnesses at a hearing.);
- Right to a separate hearing upon request;
- Right to face the accuser (The College may act on behalf of the accuser.);
- Right to question any material witnesses or evidence;
- Right to subsequent appeal(s) as outlined in the appeals section of the Student Conduct System; and
- Right to waive any of the above rights provided it is done of the student's own free will and in writing.
Hearings procedures The hearing procedures for the Student Conduct Board will generally be as follows:
- The chair will introduce him/herself, the other Board members, and the Advisor.
- The accused student will be asked to enter a plea (responsible or not responsible).
- The case will be discussed. The complainant and the accused will be given the opportunity to call witnesses and each may ask questions of any witnesses.
- The Board will meet in closed session to determine if the accused if responsible or not responsible. The accused will then be informed of the decision.
- If the accused is found responsible, the chair will ask for character witnesses and for any previous disciplinary record(s). The Board will again meet in closed session to determine the sanction.
For more information about the Student Conduct System or the Student Conduct Board, please contact Clery Compliance & Student Conduct Administrator Stephanie Shell at 276-328-0214 or firstname.lastname@example.org.
Page last revised - November 21, 2014