II. Jurisdiction and Authority for Disciplinary Action
1. Scope – The Student Conduct Code applies to all students individually and to all student groups and athletic teams, whether or not the group has complied with the College’s requirements for registration as a student organization. Student groups and organizations are accountable for the conduct of their members when any such group has implicitly or explicitly encouraged or participated in an activity which violates the Student Conduct Code or any other College policy or when any member had knowledge of such activity and failed to take reasonable steps to prevent it.
The College’s Student Handbook and Student Conduct Code applies equally to behavior that occurs on or off College property, including while studying abroad and outside of the academic year. Therefore, any reported incident and subsequent disciplinary proceeding may proceed, as outlined in the Student Conduct Code and Sexual and Relationship Conduct Policy, even if any party is studying abroad. Any sanction(s) as a result of a disciplinary proceeding may result in immediate action(s), including but not limited to suspension or expulsion that can result in an immediate removal from a study abroad program at the student’s expense and loss of academic credit(s).
For the purposes of the Student Conduct Code, “student” means any person who is currently enrolled at the College, or who is accepted for admission or readmission to the College, or who has been enrolled at the College in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows, or who is attending an educational program sponsored by the College, or who engaged in conduct prohibited by the Student Conduct Code at a time when he or she met the above criteria.
2. Authority for Student Discipline – Disciplinary authority for non-academic matters at the College is delegated to the Vice President for Student Affairs and Dean of Students and his/her designee(s). Students are asked to assume positions of responsibility in the student conduct process so they can contribute their skills and insights toward the resolution of disciplinary matters. The interpretation of the Student Conduct Code is within the discretion of the Vice President for Student Affairs and Dean of Students or their designee.
3. Nature of the Student Conduct Process – The Dean of Students Office is the College entity responsible for implementing and executing the processes outlined in the Student Conduct Code. The Dean of Students Office processes and hearings are not “trials” as in the criminal justice system. The standard of proof for finding someone responsible for violating the Student Conduct Code is “preponderance of the evidence and/or information.”
The processes and procedures outlined in the Student Conduct Code are not similar to civil or criminal court proceedings. Due process is defined as adherence to the procedures and processes outlined in the Student Conduct Code for the resolution of student conduct concerns. All students are treated fairly and are afforded the protections and rights outlined in this Student Conduct Code.
“Double Jeopardy” is a concept which applies only in the criminal justice system; it does not apply to the resolution of alleged violations of the Student Conduct Code. Alleged violations of the Student Conduct Code are resolved using the processes outlined in the Student Conduct Code and are independent of any outside legal action, civil or criminal.
4. Off Campus Behavior – The Student Conduct Code applies equally to behavior that occurs on or off College property.
5. Relationship with Law Enforcement and Criminal Charges – If an alleged violation of the Student Conduct Code also is an alleged violation of criminal law, the College will cooperate fully with law enforcement authorities. In these instances, the Dean of Students Office will move forward with the resolution of any alleged violation of the Student Conduct Code independently of pending outside investigations or trials. The outcome of the Student Conduct process will not be subject to challenge on the grounds that criminal charges involving the same incident were reduced or dismissed.
The Student Conduct Code is based on the expectation that students will respect and obey all regulations of the College, the Commonwealth of Virginia, and the federal government. As adults, students are obligated to obey all laws and to bear ultimate responsibility for their actions.
6. Room Search Policy – College policy allows for room searches, as well as searches of on-campus vehicles when there is reasonable cause to believe that a violation of the Student Conduct Code or other specific violations of College policy have occurred or are occurring. Reasonable cause is defined as credible information provided to College officials that a student is violating or has violated a specific College policy. All such room searches are to be authorized by the Vice President for Student Affairs or the Associate Vice President for Student Affairs and Associate Dean of Students and conducted by professional staff members from Campus Safety or other authorized Student Affairs staff members. The College will make every attempt to contact the occupant(s) of the room or vehicle in question. In cases where the student(s) cannot be located, College officials and/or Campus Safety will conduct their investigation by documenting the search of areas reasonably related to the alleged policy violation. In all cases of room entry or searches where the student is not available or cannot be contacted, College officials and or Campus Safety will leave written notice that the room was entered and/or searched and specify the reasons for the search.
III. Respect for Self and Others
Students should take responsibility to serve as leaders in promoting compassion for others and in challenging prejudice against all individuals and groups whether due to race, gender identity, age, marital status, religion, nationality, socioeconomic status, political persuasion, sexual orientation, disability, or health status.
In interpersonal relationships, students are expected to respect the rights of others, particularly their right to refuse to participate in any activity. At no time should students harass, assault, or violate the privacy of other persons.
IV. Components of the Student Conduct Code and Severability
The Student Conduct Code includes all text in the Student Conduct Code, including the Sexual Misconduct Conduct Policy, Illegal Drug Policy, and the Policy on Alcohol. All sections and provisions of The Student Conduct Code are hereby declared to be independent and severable, and if any Article, statement, section, sub-section, subdivision, paragraph, sentence, clause or word be held void or non-enforceable, such holding shall not affect the validity or enforceability of any other part or parts of the Student Conduct Code.
V. Changes to the Student Conduct Code
College students are responsible for knowing the information, policies, and procedures outlined in this document. The College reserves the right to make changes to the Student Conduct Code as necessary and once those changes have been posted to the Dean of Students Office website, they are in effect. At that time, all prior versions of the Student Conduct Code are invalidated. Students are encouraged to review the Student Conduct Code online for updated versions of all policies and procedures.
VI. Student Rights in the Student Conduct Code
The following rights are extended to any student who has been notified that his/her conduct is being investigated or who has been charged with an alleged violation. Deadlines for exercising these privileges may be established by the Dean of Students Office. For any alleged violation(s) of the Sexual and Relationship Conduct Policy, the rights afforded and the process utilized will be governed by the Sexual and Relationship Conduct Policy, which policy controls in the event of a conflict with the Student Conduct Code. (See Sexual and Relationship Conduct Policy)
A. The right to be presumed not responsible for violations of the Student Conduct Code until the student either accepts responsibility or until responsibility is determined to exist by the appropriate Student Conduct Board.
B. The right to be provided with written notification of charge(s), if issued, within five business days after an initial investigation has been completed. (“Business days” do not include Saturdays, Sundays, examination periods, student holidays, summer or winter terms, or days on which College classes are delayed or canceled due to inclement weather or other circumstances);
C. The right to comment on, provide information about, or attend proceedings related to an infraction which they allegedly committed. When a student elects to provide information about an incident, they are required to provide honest, accurate, and complete information. Providing information that is false, incomplete, or misleading may result in additional disciplinary action under the Student Conduct Code. When a student decides not to attend proceedings, make comments on, or provide information about an infraction which they allegedly committed, the proceedings will continue without the participation of respondent or the information that they would otherwise have provided;
D. The right to have an investigation conducted;
E. The right to be assured of confidentiality, in accordance with the terms of the Federal Family Educational Rights and Privacy Act;
F. The right to be assisted by an advisor (a current Randolph-Macon College student, faculty member, or staff member only) in accordance with parameters detailed in “ Section VII, Advisor;”
G. The right to a fair hearing after being charged;
H. The right to have at least three business days to prepare for a hearing, except in cases involving interim suspension, at the end of an academic semester, or during summer or winter terms;
I. The right to have a hearing packet containing the information collected during the investigation made and the right to be provided with the collected hearing packet at least (3) three days prior to the hearing either electronically or in person;
J. The right to have the hearing panel reach its decision based upon the evidence heard by the hearing panel in the presence of the respondent;
K. The right to be present in the hearing room for the duration of the hearing except for the executive session, where the panel deliberates in private, and during periods of recess;
L. The right to present information verbally or in writing during the hearing;
M. The right to request that the Dean of Students Office call to the hearing witnesses (current Randolph-Macon College students, faculty members, or staff members only) who have first-hand knowledge of the alleged infraction, without guarantee that the request will be granted;
N. The right to be advised in writing of the results of the hearing;
O. In cases where interim suspension has been imposed by the Vice President for Student Affairs or his or her designee, the student has the right to a fair hearing within a reasonable time not to exceed 30 days; and
P. The right to submit a written appeal of the Student Conduct Board’s decision on the grounds as outlined in “Appeals”, in section XVI below:
Written notices regarding charges of alleged infractions issued, scheduled hearings, hearing materials and hearing results are sent to a student’s College issued email address. Failure or refusal to see, open, or read notices does not remove the recipient’s obligation to adhere to any instructions, sanctions, or deadlines issued in the notices or constitute a procedural error for which an appeal is granted.
VII. Advisor
A student or student group who has been notified that their/its conduct is being investigated or who has been charged with an alleged violation that will be resolved through the Dean of Student Office has the right to be assisted by an advisor who is a current Randolph-Macon College student, faculty member, or staff member. The student may be accompanied by an advisor to any meeting, investigation, hearing, or appeal proceedings that the student attends. If the student elects not to attend a proceeding, the advisor cannot attend that proceeding.
When exercising the right to be accompanied by an advisor, a student or student group should make the identity of the advisor known to the College. Although a student or student group can be accompanied to a particular proceeding by only one advisor, a student may elect to change advisors during the course of the student conduct process. A previously scheduled proceeding, meeting, investigation, hearing, or appeal is not subject to postponement due to the unavailability of a specific advisor.
If requested by the student, an advisor can provide support, guidance, and advice. An advisor can also assist the student in preparing comments that the student will present during a proceeding. To enhance effectiveness, an advisor should read the contents of The Student Handbook. The College is not responsible for the quality, accuracy, or effectiveness of assistance provided by a student’s advisor.
Throughout the student conduct process, an advisor cannot present information, advocate for, or argue on behalf of a student or student group; the student or student group is responsible for presenting comments they wish to provide, even when accompanied by an advisor.
During any proceeding, an advisor’s communication is limited to conferring with the student or student group through written note; the advisor may not address any other participant or the hearing panel. The advisor may not interfere in, disrupt, or delay a proceeding. The representative of the Dean of Students Office or the hearing panel chair may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on advisor participation. In the event of the advisor being removed, the proceeding will continue.
VIII. Student Conduct Code Prohibited Behaviors
Behaviors prohibited by the Student Conduct Code are grouped into two categories: A-level infractions and B-level infractions. When charges of possible violations are issued to a student and they include one or more A-level policies, then the charges are resolved through a hearing conducted by the Student Conduct Board or the Dean’s Sexual Conduct Board as assigned by the Dean of Students Office in consideration of jurisdictional guidelines noted for each Student Conduct Code policy.
B-level infractions may be resolved administratively without a hearing through self-adjudication. Repeated or accumulating B-level infractions may be adjudicated by a Student Conduct Board. Also, the Student Conduct Administrator may refer a B-level violation to the Student Conduct Board at their discretion. All charges of A-level infractions are adjudicated by a Student Conduct Board.
In addition to the prohibited behaviors enumerated below, the Student Conduct Code includes policies that are stated or elaborated on in the sections entitled “Residence Life Policies” and “Other College Policies.” Also, alleged violations of the Sexual and Relationship Conduct Policy, which are referred to the Dean of Students Office by the Title IX Coordinator are reviewed by the Dean’s Sexual Conduct Board. The specific policies and procedures applicable to alleged violations of the Sexual and Relationship Conduct Policy are found in the “Sexual and Relationship Conduct Policy, Section XII Prohibited Conduct.”
A – Level Violations
A1 Sexual Harassment – Dating Violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
A2 Sexual Harassment – Domestic Violence: an act of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
A3 – Drugs
Unauthorized manufacture, distribution, use, and possession of “controlled substances” and/or illegal drugs, including prescription drugs, marijuana, and cocaine are prohibited.
The Drug-Free Schools and Communities Act Amendments of 1989 require that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education must prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property and as part of any of its activities. To safeguard the opportunity for Randolph-Macon students to benefit from federal financial assistance, to protect the safety and health of the campus community, and to uphold the College’s educational mission, Randolph-Macon College prohibits any drug or drug-related activity deemed illegal by federal law, the Commonwealth of Virginia, and/or the Town of Ashland. This prohibition includes possession, use, cultivation, and distribution of marijuana, which is a Schedule I controlled substance under federal law, regardless of whether marijuana is considered legal in the Commonwealth of Virginia, or a student’s home state or locality. Also, Randolph-Macon College prohibits the possession, use, cultivation, or distribution of marijuana for medical or recreational purposes on College property and at any College sponsored event or activity off campus.
(See also the Illegal Drug Policy)
A4 Drug Paraphernalia – possession, use, or distribution of Drug Paraphernalia (See Illegal Drug Policy)
A5 Explosives – possession or discharge of explosives or fireworks.
A6 Failure to Complete Sanctions (Third Offense) – Failure to complete sanctions imposed under this code within the time granted by the Dean of Students Office for the third time.
A7 Harassment – any unwelcome conduct based on actual or perceived status including but not limited to sex, gender, gender expression, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation, or other protected status. Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the community. Harassment is also behavior that significantly and unreasonably interferes with an individual’s or group’s educational or work performance or creates a significantly and unreasonably intimidating, hostile, or offensive work, or living environment.
A8 Hazing – Recklessly or intentionally endangering the health or safety of a student or students or inflicting bodily injury on a student or students in connection with or for the purpose of initiation, admission into or affiliation with, or as condition for continued membership in a club, organization, association, fraternity, sorority, or other organization regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity. The College further defines as hazing, any action taken or situation created, intentionally, to produce mental, emotional or physical discomfort, embarrassment, harassment or ridicule for the purpose of initiation into, admission into, affiliation with, or as a condition for continued membership in, a group or organization. Such activities may include but are not limited to the following: use of alcohol; paddling in any form; creation of excess fatigue; physical and psychological shocks; quests, treasure hunts, scavenger hunts, road trips or any other such activities carried on outside or inside the confines of College property; wearing of public apparel which is conspicuous and indecent; involuntary nudity; engaging in public stunts; morally degrading or humiliating games and activities; and any other activities which are not consistent with academic achievement, College policies, or federal, state and local laws. Quests in academic classes or student programs may be approved by the Provost AND Vice President for Student Affairs, respectively. Consent by participants in any activity is not considered a defense for violating the hazing policy.
A9 Lying to a College Official – making a false statement to any staff member (including a student staff member) or faculty member of the college community.
A10 Sexual Harassment – Sexual Assault – Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age and/or because of their temporary or permanent mental incapacity
A11 Sexual Harassment – Sexual Assault – Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
A12 Sexual Exploitation – sexual exploitation is defined as activity of a sexual nature which results in the non-consensual exploitation of one person by another for the purposes of gaining some sort of advantage, including, but not limited, to economic, social, and academic advantages. The sexual behavior which results in such exploitation may have been consensual or non-consensual in its original nature. Sexual Exploitation also includes prostitution, videotaping or recording (by any electronic means) sexual activity without permission, voyeurism, and engaging in sexual activity with another while concealing that one is infected with HIV/AIDS, an STI, or an STD. (See the Sexual and Relationship Conduct Policy Section XII)
A13 Sexual Harassment – Randolph-Macon College prohibits all forms of sexual harassment including sexual assault, sexual exploitation, sexual harassment, relationship violence (dating violence and domestic violence), and stalking.
The Title IX regulations define Sexual Harassment to include:
A. “Quid pro quo harassment” – An employee of the College conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct.
B. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s educational program or activity.
C. Additionally, sexual harassment is defined as any form of sexual assault, dating violence, domestic violence, or stalking as defined by the Clery Act. These acts are considered severe and objectively offensive within themselves and require no finding of persistence to be considered a violation under this policy.
A14 Sexual Harassment – Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress.
“Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
“Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
“Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim
A15 Violence – Behavior that constitutes physical assault, and/or which threatens the health, safety or well-being of another individual, or which would cause another to fear imminent bodily harm, is frightening, and/or causes injury.
A16 Weapons – Major – Possessing, storing, or using a firearm of any type, a destructive device, stun gun or any other potentially dangerous weapon (knives [longer than four inches, except those needed for food preparation], nunchucks, ninja stars, swords, etc.), including concealed weapons for which the carrier has a legal permit.
A17 Discrimination and Incitement to Hatred – verbal, physical, or graphic conduct that denigrates or shows hostility or aversion toward an individual or group on the basis of race, sexual orientation, color, religion, ethnic or national origin, gender, age, disability, gender expression, socio-economic status, or veteran’s status, which has the purpose or effect of creating an intimidating, hostile, or offensive environment (employment, educational, or living) or which inflicts emotional distress on that person or groups of persons or incites hatred against an individual or identifiable group. Prohibited behavior also includes conduct or material (physical, verbal, written or graphic including e-mails posted or circulated in the community) involving epithets, slurs, negative stereotyping, demeaning depictions or treatment, and threatening or actual abuse or harm.
A18 Endangerment of Community Health and Safety – actions and activities that demonstrate disregard for the health and safety of the campus and Ashland community are prohibited. Examples of such actions and activities include but are not limited to hosting events with alcohol on or off campus, hosting or attending large events at bars or other locations, or any other activities that demonstrate an intentional disregard for the safety of the community. Additionally, a third missed testing and/or reporting appointment or a third failure to comply related to medical testing and/or reporting is a violation.
B – Level Violations
(Note: B-level violations may be resolved administratively without a hearing.)
B1 Alcohol Violation: Underage Consumption, Possession, or Sale – Consumption, possession, or serving of alcohol under any circumstance for or by individuals under 21 years of age.
B2 Alcohol Violation: Underage Possession of Empty Containers – Possession of alcohol containers devoid of alcohol in residential rooms, including Greek residential facilities, occupied by students under the age of 21, including but not limited to bottle caps, alcohol labels, empty alcohol cases and “honor walls
B3 Alcohol Violation: Using False Identification in Alcohol Purchase – Use, manufacturing, or distribution of a fake ID to purchase alcohol.
B4 Alcohol Violation: Open Containers in Public – consumption of alcohol and possession of open containers of alcohol in unauthorized public areas. Unauthorized public areas include campus grounds, athletic fields, sidewalks and roadways, hallways and lounge areas of campus buildings, townhouse apartment courtyards and fraternity & sorority facilities and, special interest housing. Areas where alcohol may be consumed by those over age 21 include: residential rooms where at least one room occupant is 21 years of age or older, townhouse apartment interior common areas, special interest house interior common areas, and fraternity & sorority life residential facilities interior common areas where at least one house occupant is 21 years of age or older.
B5 Alcohol Violation: Public Intoxication – public intoxication
B6 Alcohol Violation: Supplying Alcohol to a Minor – purchasing/providing alcohol for someone under the age of 21
B7 Alcohol Violation: Possession of Alcohol Paraphernalia – use or possession of paraphernalia to enhance the ingestion of alcohol (e.g., beer bongs, beer pong tables, etc.).
B8 Alcohol Violation: Disruptive Conduct under the Influence – behavior subsequent to the use of alcohol that interferes with another person’s ability to sleep, study, or live in a safe environment.
B9 Alcohol Violation: Participation in Drinking Games – participation in drinking games. All drinking game paraphernalia will be confiscated and not returned. Drinking games are classified as any activity which includes the consumption of alcohol while playing including but not limited to games such as beer pong, water pong, kings, etc.
B10 Alcohol Violation: Driving While Intoxicated – driving while intoxicated
B11 Alcohol Violation: Sale or Manufacture of Alcoholic Beverages – the sale, distribution, or manufacture of alcoholic beverages, unless authorized as part of the academic curriculum or otherwise authorized by state and Federal agencies.
B12 Alcohol Violation: Bulk Quantities – possession of excessive amounts of alcohol. The definition of “excessive” includes, but is not limited to, pressurized containers or containers that require a tap, or an amount of alcohol that is perceived as a common source/provider. Kegs, party balls, trashcans, or other large receptacles containing alcoholic beverages are prohibited. No keg(s) or deposit money will be returned to students.
B13 Alcohol Violation: Unregistered Party – a gathering in a residential facility, where alcohol is present, and there excessive number of people and/or a disturbing level of noise and is not registered according to the Risk Management and Social Host Policy found in Fishtales.
B14 Alcohol Violation: Advertising a Private Event with Alcohol – Advertisement of gatherings where alcohol will be present in a residential facility.
B15 Alcohol Violation: Failure to Follow Social Host Policy – The possession, sale, use or consumption of alcoholic beverages while on campus premises, or during a student organization event, in any situation sponsored by or endorsed by a student organization, or in any event an observer would associate with a student organization that is not in compliance with any and all applicable College policies, and federal, state, and local laws; non-compliance with either the Bring Your Own Beer (BYOB) or Third Party Vendor Guidelines (see the Risk Management and Social Host Policy).
B16 Alcohol Violation: Purchase of Alcohol with Organization Funds – alcoholic beverages purchased with organizational funds, alcoholic beverages purchased for members or guests, or purchased by any member in the name of, or on behalf of, the organization.
B17 Alcohol Violation: Purchase of Bulk Quantities of Alcohol – the purchase or use of bulk quantity of common sources of such alcoholic beverage (included but not limited to kegs or cases).
B18 Alcohol Violation: Open Party with Alcohol Present – open parties, meaning parties/social events with unrestricted access by non-members of the organization, without specific invitation, where alcohol is present (a guest list must be used for all events).
B19 Alcohol Violation: Providing Alcohol to a Minor by an Organization – purchasing for, serving to, or selling alcoholic beverages to anyone under the age of 21 by any member of a College organization, including clubs, athletic teams, departmental programs, fraternities and sororities, and other student organizations, collectively or individually.
B20 Alcohol Violation: Co-Sponsorship – co-sponsorship of an event with an alcohol distributor, charitable organization, or tavern (tavern defined as an establishment more than half of annual gross sales from alcohol) where alcohol is given away, sold, or otherwise provided to those present.
B21 Alcohol Violation: Alcohol at Recruitment Events and/or New Member Activities – alcohol at recruitment activities associated with any organization. Alcohol at any pledge, associate member, new member, or novice program, activity, or ritual of an organization.
B22 Alcohol Violation: Advertising for Closed Events – Advertising for closed events where alcohol is permitted.
B23 Alcohol Violation: Consumption of Display of Alcohol in Unapproved Locations – Consumption or display of alcoholic beverages in unapproved public areas. “Public” includes the campus grounds, athletic fields, sidewalks and roadways, hallways and lounge areas of residential facilities, common areas of buildings (including academic buildings, fraternity houses unless approved as a registered social gathering with alcohol, fraternity and sorority yards, porches, roofs and other outdoor structures). Therefore the legal use of alcohol on campus is restricted to specifically designated areas. Requests to use these specifically designated areas should be submitted to the Office of Student Life in accordance with the Risk Management and Social Host Policy.
B24 Animal Mistreatment – Behavior which results in the mistreatment of an animal.
B25 Contempt of the Student Conduct Process – The following are prohibited: disrupting student conduct proceedings, insulting the dignity of the hearing panel and the Student Conduct System and failing to appear as a witness at a hearing.
B26 Dangerous Practice – an action or practice which has potential to cause emotional or bodily harm, injury, and/or death to one’s self or another person.
B28 Disruptive Conduct – willful or reckless obstruction of the normal administrative and educational processes and auxiliary enterprises of the College. Conduct which disturbs, interrupts, or interferes with Randolph-Macon College community members’ and other citizens’ peaceful enjoyment of their homes, residence halls, and businesses in the Ashland area, is also prohibited.
B29 Exhibitionism – indecent exposure, lewd or sexual acts which take place in general-use areas (within and outside of the buildings) or in residential rooms (in front of roommates, guests, other hall residents and/or other community members).
B30 Failure to Comply – failure to comply with the directions of anyone functioning in an official capacity on behalf of the College including Campus Safety Officers and Resident Assistants who are acting in an official capacity on behalf of the College is prohibited, as is failing to abide by the terms of a Non-Disclosure or Confidentiality Agreement. College officials, whether or not in the Division of Academic Affairs or Student Affairs, may instruct students to undertake or not undertake certain actions; students may be instructed to not undertake certain activities, even if such activities are not prohibited conduct under the Student Conduct Code or any other College Policy. Prohibited conduct under this section, therefore, includes failing to abide by instructions issued as part of a behavioral contract or order of no-contact. Depending on the conditions that apply, a student who violates a behavioral contract may be subject to interim suspension. In addition, students are expected to comply with all directives of local law enforcement and emergency services acting in performance of their duties.
B31 Failure to Complete Sanctions – failure to complete sanctions imposed under this code within the time granted by the Dean of Students Officet.
B32 Falsification – knowingly furnishing, creating, or possessing false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments.
B34 Fire/Safety Violations – setting a fire or tampering with fire extinguishers, fire alarms, smoke detectors, emergency call boxes, batteries or other safety equipment is prohibited. In addition, obstructing halls and stairways with furniture, debris and/or other items is prohibited.
B35 Misuse of a Communications Device – use of a communication device (telephone, computer, emergency call box, personal digital assistant, smart phone, computer network, and any software which can be used therein, etc) to commit any of the following, is prohibited: actions prohibited by federal, state or local laws or regulations, or the Student Conduct Code or any other College Policy; disrupting the normal operations of the College; harassing another member of the College community; actions which violate the “Unacceptable Use of Resources” policy found in the College Computer Resources Policies in Fishtales; on-line copyright infringement of video or audio recordings; actions prohibited under the Copyright Act (1976),the Digital Millennium Copyright Act (2000) or the No Electronic Theft Act (1997); violation of any Federal or state law regarding electronic harassment; and the production, sale, distribution or possession of images of child sexual abuse or extreme pornographic images (which include images depicting bestiality, necrophilia, or acts likely to lead to injury or death)
B36 Misuse or Damaging Door Access Systems and Doors – tampering with the door access system (card readers, alarm sirens, wiring, etc.) or propping open doors or exits on College buildings is prohibited.
B37 Negative Interpersonal Relations – verbal abuse or altercations, destruction of personal property, unwelcome phone calls, or e-mails between people who are in any kind of relationship, whether it be platonic or romantic.
B38 Retaliation – the College prohibits retaliation of any sort. Any act of retaliation including, but not limited to, harassment, abuse, threat, or intimidation toward the victim, the accused, or any witness who makes a report of an alleged violation of the Student Conduct Code or any other College policy is prohibited.
B39 Solicitation – any violation of the Solicitation Policy located in The Student Handbook; for safety reasons and to protect residents from unwanted disturbances, soliciting on campus grounds is prohibited except under the terms described in the Solicitation Policy.
B40 Spectator Behavior – inappropriate spectator/audience/participant conduct. Unacceptable behavior in/at College sponsored or recognized events such as athletic contests, intramurals, and any registered or student organization sponsored events. Unacceptable behavior includes: taunting, intimidating or harassing behavior, and abusive language and gestures directed at participants, officials or fans. Intoxicated individuals will not be permitted entry into events. Students who engage in these behaviors will be ejected from the event.
B41 Theft – stealing is the taking of personal or institutional property, whether of the College, a member of the College community like faculty, staff or students, or a business or restaurant establishments without the consent of the owner. The non-payment of outstanding debts to other members of the College community and/or the possession of stolen property is also considered theft.
B42 Threats and Intimidation – threatening or intimidating a student, guest, faculty member or staff member is prohibited. In addition, threatening or intimidating a witness in the investigation or adjudication of any student conduct proceeding is a violation in the Student Conduct Code.
B43 Unauthorized Entry – any unauthorized entry or use of any College building at any time, including College breaks. Use of the roofs or balconies of any College building is prohibited, unless otherwise authorized by a College official. Examples of the roof and balcony areas include, but are not limited to: the small entry roof areas on the townhouses, the special interest houses, residence halls, fraternity and sorority chapter facilities, academic buildings, trash and bicycle shelters. Entering a residential room or administrative or faculty office without permission or prior consent, whether the room is locked or unlocked, is also prohibited.
B45 Unlawful Behavior – Any behavior that violates federal, state or local law, regardless of whether it has been adjudicated by civil authorities or not.
B46 Vandalism – Conduct which results in damage to College property, the property of any members of the academic community, students, faculty or staff, or the property of any authorized contractors or vendors is prohibited. In order to prevent damage or injury, running, speed walking, jogging, rollerblading, skateboarding, skating, roughhousing, scuffling, using water guns, water balloons and the throwing, bouncing, or kicking of objects in halls, stairwells, and other common areas of buildings are prohibited. This list is by no means exhaustive.
B47 Violation of Other College Policies – Violations of other published College regulations or policies, including but not limited to the Campus Computing Policy, Policy on Motor Vehicle Registration and rules pertaining to student organizations, which are published or referenced in the student handbook.
B48 Violation of the Risk Management and Social Host Policy – Violation of the College’s Risk Management and Social Host Policy are expressly prohibited. (See the Risk Management and Social Host Policy)
B49 Visitation Violation – Residents are responsible for the behavior of their guest(s), whether their guests are overnight, from another hall, or from off-campus, and will be held responsible for any Student Conduct Code or any other College Policy violations or damages their guests may cause. Hosts must inform guests of College policies. A Student Visitation Agreement Form must be fully completed for each guest and it must be delivered to the Office of Campus Safety. Policy violations may result in disciplinary action being taken against the host and guest(s).
B50 Weapons – Minor – Possessing, storing, or using a pellet gun, air gun, slingshot, or other projectile-expelling device.
B51 Tobacco or Nicotine Product Violation: Underage Purchase, Possession, or Sale of Nicotine or Tobacco Products—possessing, purchasing, or selling tobacco products, nicotine vapor products, and/or alternative nicotine delivery products under the age of 21.
B52 Tobacco or Nicotine Product Violation: Supplying Tobacco or Nicotine Products to a Minor—purchasing or providing tobacco products, nicotine vapor products, and or alternative nicotine delivery products for or to someone under the age of 21.
B53 Tobacco or Nicotine Product Violation – Randolph-Macon College is a Smoke-Free/Vape-Free/Tobacco-Free Campus. Smoking, vaping, and use of smokeless tobacco in any form is prohibited in College owned or managed facilities and on College property.
B54 Failure to Comply with and/or Adhere to Health and Safety Guidelines, Posted Signs, and/or Community Expectations – Failure to comply with and/or adhere to health and safety guidelines, posted signs, and/or community expectations issued by the college or by anyone functioning in an official capacity on behalf of the College including Campus Safety Officers and Resident Assistants is prohibited. As with all provisions of the Student Conduct Code, this applies to behavior both on and off-campus.
IX. Sanctions
Below is a list of sanctions that may be imposed individually or in combination upon students for violation of College policies. Recognizing the authority of student conduct boards and administrators to impose sanctions that are appropriate for the circumstances of an individual case, this list is not intended to be all-inclusive. Sanctions become increasingly severe for repeated or accumulating infractions.
1. Warning: Notice that continuation or repetition of conduct found wrongful may be cause for more serious disciplinary action.
2. Community Service Hours: Completion of a specified number of hours of community service work within a defined period of time.
3. Task Completion: Fulfillment of a project assigned for educational benefit.
4. Fine: Payment of a specified sum of money.
5. Restitution: Reimbursement for damage to or misappropriation of property. Restitution may take the form of appropriate service or other compensation.
6. Restriction: Limitation of a student’s activity and/or use of College facilities. Examples include but are not limited to:
· Exclusion from privileges or participation in co-curricular College activities (e.g., event attendance, organization membership, intramurals, receipt of award);
· Revocation of access to residential facilities or other campus locations; and/or
· Revocation of the privilege to live on-campus or to live off-campus due to an off-campus waiver. This may also include discontinuing or revocation of any residual funds, refunds, or other revenue collected by the college related to housing.
· Relocation of a student, as a result of student conduct action, may occur if it is decided that a student would benefit from living in another room or residence hall. A Residence Life professional staff member will decide which hall and room may be most conducive for the student to experience a positive living/learning environment. Relocation options may be limited by the number of available spaces
· Restriction of use of College services and resources. Seniors nearing degree completion found responsible for violating College policy, including violations committed during the last week of classes, exams, or the period between course completion and the awarding of a diploma, may be prohibited from participating in Commencement activities/ceremonies and/or from obtaining a diploma/ transcript pending completion of all sanctions.
7. Conduct Probation: Infraction(s) committed during the specified period of disciplinary probation are likely to result in suspension. Conduct probation may be general, encompassing adherence to all College policies, or it may be limited to particular types of conduct (e.g., housing, alcohol and/or drug use. Additionally, any alleged violations that occur during the period of the probation must be resolved by the appropriate Student Conduct Board regardless of its classification as an alleged A or B-level violation.
8. Suspension: Exclusion, for a specified period of time, from the College community entirely. This includes the entire College campus. Readmission is not automatic after the expiration of the suspension period, and students must reapply. Suspension supersedes student-initiated withdrawal from the College. During the suspension period, the individual is not permitted to visit the campus or attend College-sponsored events. In the case of student organizations, suspended organizations may not be represented on any College affiliated organizational council or co-curricular activity and shall forfeit rights to College-funding, housing and recognition.
9. Dissolution of a Group or Organization: Termination of student organization status permanently or for an indefinite period. Dissolved organizations may not be represented on any College affiliated organizational council or co-curricular activity and shall forfeit rights to College-funding, housing and recognition.
10. Expulsion: Termination of student status permanently or for an indefinite period. Expulsion supersedes student-initiated withdrawal from the College.
X. Sanctioning Guidelines
The full range of sanctions are available to the appropriate decision making body or administrator in the resolution of violations of the Student Conduct Code.
XI. Reporting Alleged Violations
1. Violations of the Student Conduct Code or other College policies shall be reported directly to the Dean of Students Office. Faculty, staff and students may make a written report to the Dean of Students Office in the event of an alleged violation of the Student Conduct Code.
2. All incident reports or alleged violations will be sent to the Dean of Students Office for appropriate resolution.
All violations of the Sexual and Relationship Conduct Policy should be reported to the Title IX Coordinator. (see Sexual and Relationship Conduct Policy)
XII. The Student Conduct Process
When a report of a possible Student Conduct Code or any other College Policy violation is received by the Dean of Students Office, the following process is implemented except in cases of alleged violations of the Sexual and Relationship Conduct Policy and Residential Facilities Policies, which are governed by the processes stated in those respective policies. Please review the Sexual and Relationship Conduct Policy and the Residential Facilities Policies for more information on these policies and the special nature of these processes.
Initial Incident Review
The Student Conduct Administrator conducts a preliminary review of incident complaint or notice, the information available, and the parties involved. The preliminary review may lead to:
1. A determination that there is insufficient evidence to pursue an investigation and/or, because the behavior alleged, even if proven, would not violate the Student Conduct Code, (e.g.: for reasons such as mistaken identity or allegations of behavior that falls outside the Student Conduct Code);
2. A Student Conduct Meeting with the student or student group.
3. After a Student Conduct Meeting, if appropriate, a formal charge will be issued in writing to the student or student group alleged to have committed the violation.
Student Conduct Meeting
The responding student(s) or student group (respondent) will receive notification from the Dean of Students Office that a Student Conduct Meeting is needed to resolve an alleged violation of the Student Conduct Code. At this conference, the following will/can occur:
1. The respondent will be notified of their rights and responsibilities as outlined in the Student Conduct Code in the initial request for a meeting.
2. The respondent will be offered the opportunity to read the information that the Student Conduct Administrator examined during the initial incident review. They will, also, be allowed to offer any insights that they have concerning the incident.
3. The Student Conduct Meeting can result in the following:
A. A determination that there is insufficient evidence to pursue an investigation and/or, because the behavior alleged, even if proven, would not violate the Student Conduct Code, (e.g.: for reasons such as mistaken identity or allegations of behavior that falls outside the code);
B. The Student Conduct Administrator may inform the respondent of an alleged violation or violations of the Student Conduct Code in writing.
4. If the Student Conduct Meeting ends in a finding that there is insufficient evidence to pursue the investigation, then, the case will be closed.
5. If the Student Conduct Administrator informs a respondent of an alleged violation or violations of the Student Conduct Code, then, the Student Conduct Administrator will also explain the methods of resolving the alleged violation at that time. In the case of B-level violations, the respondent will have up to 24 hours following the Student Conduct Meeting to decide if they wish to proceed with administrative action or with a hearing. The student retains the right to move directly to administrative action or to a hearing without waiting 24 hours if they so choose as well.
Resolving Alleged Violations of the Student Conduct Code
Alleged Violations of the Student Conduct Code are resolved in a number of ways. The Student Conduct Administrator will explain the available methods of resolution to each respondent during their Student Conduct Meeting. The methods of resolution are as follows:
1. Administrative Action: Alleged B-level violations of the Student Conduct Code may be resolved without a hearing through Administrative Action also called self-adjudication. Administrative Action is chosen by the respondent. Administrative Action is available in cases where the student or student organization does not contest the alleged violation and accepts responsibility for the violation. In these cases, the following may happen:
A. The Student Conduct Administrator will offer an appropriate sanction, and the respondent may accept responsibility for the violation and the sanction as presented. These decisions are not subject to appeal.
B. The Student Conduct Administrator will offer an appropriate sanction, and the respondent may accept responsibility for the violation but reject the sanction. In these cases, a hearing will be held to determine sanction only.
2. Hearing: Alleged A-level violations are always resolved by the appropriate hearing panel. In the case of most violations, this is the Student Conduct Board. In the case of alleged violations of the Sexual and Relationship Conduct Policy, this is the Dean’s Sexual Conduct Board (See the Sexual and Relationship Conduct Policy). Hearings for B-level violations are conducted when a student or student organization contests their responsibility for an alleged violation of the Student Conduct Code. Hearings are, also, conducted for sanctions only when the respondent accepts responsibility for a B-level violation, but they do not accept the sanction of the Student Conduct Administrator. Alleged B-level violations of the Student Conduct Code may also be resolved by a hearing panel if the Student Conduct Administrator determines that it is in the best interest of the respondent for a Student Conduct Board to review the alleged violations. Finally, repeated B-level violations will be referred to a hearing at the discretion of the Student Conduct Administrator.
3. Interim Suspension: Pursuant to the policies outlined in Section XII below, a respondent may be placed on Interim Suspension until such time as the appropriate hearing panel makes a final decision.
XIII. Interim Suspension
The Vice President for Student Affairs, or his or her designee, has the authority to place a student or student group on interim suspension pending College student conduct proceedings. Interim suspension can be imposed according to the Vice President for Student Affairs or designee determination that any of the following situations exist:
1. The conduct of a student or student group reflects a disregard for the principles of social responsibility and self-discipline.
2. The continued presence of a student or student group would disrupt the stability and integrity of the educational mission and processes of the College, endanger the well-being of other members of the College community, or would prevent other members of the community from having a safe living and learning environment.
3. Reasonable modifications do not or cannot mitigate or resolve numbers 1 and 2. Such situations are detrimental to students and to the best interest of the College, and therefore the College reserves this right to impose interim suspension.
Such determinations will be made after analyzing all available, relevant information about the student in question, the student’s observed conduct, actions and statements, including any relevant and readily available information from medical or mental health professionals, or other professionals qualified to interpret this information, and after consulting the Behavioral Assessment and Intervention Team. This Policy will be applied in a non-discriminatory manner and determinations shall be based on conduct, actions and statements.
If a student or student group is placed on interim suspension, the student or student group may be temporarily separated from the College, and therefore at the discretion of the Vice President for Student Affairs may be required to leave residential housing and/or College property, as well as cease attending classes or other College activities within the time specified in the notice of interim suspension. The student or student group may also be required to receive mandated medical assessments or treatments, for an interim period.
Cases of Interim Suspension shall be resolved by the appropriate hearing panel or alternatively, by a Dean’s Administrative Board at the discretion of the Vice President for Student Affairs. The student or student group, also, has the right to waive the opportunity to be heard by the hearing panel assigned by the Vice President for Student Affairs and Dean of Students. The student or student group may, instead, decide to have their case heard by only the Vice President for Student Affairs or his/her designee.
XIV. Withdrawing During an On-Going Student Conduct Process
A student may not avoid resolving an alleged Student Conduct Code or any other College Policy violation by withdrawing from the College. Should a student depart from the College before review of a reported incident and/or resolution of an alleged Student Conduct Code or any other College Policy violation is completed, the student conduct process will proceed and, where appropriate, sanctions for Student Conduct Code or any other College Policy violation(s) will be issued. Hearings may take place without the presence of the student who is the subject of an investigation or hearing.
When an investigation of an alleged violation of the Student Conduct Code begins, the Student Conduct Administrator may place a hold on the student’s record, preventing release of an official transcript until the completion of the student conduct process including any appeal if applicable. Additionally, students with a conduct-related hold are not eligible for a leave of absence until the Student Conduct Case is resolved.
XV. Hearing Boards and Procedures
Hearing Boards
1. Student Conduct Board – the Student Conduct Board is composed of the Chair and two other members of the Student Conduct Board. There must be at minimum one student member and one faculty/staff member. All members of the Student Conduct Board are trained to evaluate alleged violations of the Student Conduct Code. The Student Conduct Board may be expanded to five members at the request of the respondent in writing with the approval of and/or at the discretion of the Student Conduct Administrator.
2. Dean’s Sexual Conduct Board – (See the Sexual and Relationship Conduct Policy)
3. Dean’s Administrative Board – in cases where interim suspension has been imposed by the Vice President for Student Affairs and Dean of Students, the Vice President for Student Affairs and Dean of Students may refer a case to be heard by a Dean’s Administrative Panel which is composed of a Chair and two other faculty or staff members from a pool of faculty and staff members who have been appointed by the Vice President for Student Affairs and Dean of Students.
4. Student Conduct Appeals Board – the composition of a Student Conduct Appeals Board is specific to the type of board that reviewed the original alleged violations. The specific compositions are as follows:
A. Student Conduct Board – appeal requests originating from a Student Conduct Board will be reviewed by three members of the Student Conduct Board who did not participate in the original hearing one of whom must be a student and one of which must be a faculty or staff member.
B. Dean’s Sexual Conduct Board – appeals originating from a Dean’s Sexual Conduct Board will be reviewed by three members of the Dean’s Sexual Conduct Board who did not participate in the original case (See the Sexual and Relationship Conduct Policy, Section XIX “Appeals”.
C. Dean’s Administrative Board or Dean’s Hearing – appeals originating from a Dean’s Administrative Board or a hearing only by the Vice President for Student Affairs due to an imposed interim suspension will be reviewed by three faculty or staff members of the Dean’s Administrative Panel who did not take part in the original case.
Investigations
When a case is referred to a hearing panel, either because it is an alleged A-level violation, because the respondent requests a hearing for an alleged B-level violation, or because the Student Conduct Administrator has referred the case to a hearing panel for review as they deem it in the best interest of the student or student group, the Student Conduct Administrator assigns a Student Conduct Investigator to investigate the case. Cases involving alleged violations of the Sexual and Relationship Conduct Policy will be governed by the Sexual and Relationship Conduct Policy, which policy control in the event of a conflict with this Student Conduct Code (See Sexual and Relationship Conduct Policy).
Responsibilities of the Student Conduct Investigator
1. The Student Conduct Investigator will investigate assigned cases within the timeline specified by the Student Conduct Administrator. The report will be comprised of the original incident documentation, alleged violations of the Student Conduct Code, statements of the respondent and complainant ( in cases where the complainant is not the College), statements of witnesses with direct knowledge of the incident or event(s) in question, and any documentary information provided to the investigator by any of the above parties.
2. The Student Conduct Investigator will prepare and distribute a report of their investigation to the Student Conduct Administrator, the Respondent, the Complainant (in cases where the complainant is not the College), and to the hearing panel either electronically or in person at least 36 hours prior to the hearing.
General Hearing Policies and Procedures
Where a case is referred to a hearing panel under this policy, the following policies and procedures will be used. Cases involving alleged violations of the Sexual and Relationship Conduct Policy will be governed by the Sexual and Relationship Conduct Policy, which policy control in the event of a conflict with this Student Conduct Code (See Sexual and Relationship Conduct Policy).
1. Standard of Proof – All Student Conduct hearings will be conducted using the preponderance of the evidence standard meaning the College must establish that it is more likely than not that there is a violation of the Student Conduct Code for a student to be found responsible.
2. Privacy – Hearings will be conducted in private. Only current students, faculty, and staff of the College may participate in hearings without the express permission of the Student Conduct Administrator and the Chair of the sitting hearing board.
3. Confidentiality – All participants are required to maintain confidentiality.
4. Necessary Adjournments – Hearing boards make every effort to complete hearings in a timely fashion. If unforeseen circumstances arise, the Chair may call for an adjournment to be reassembled at a specific time determined at the hearing
5. Recesses – Any participant, except Student Conduct Advisors, may make a request for a recess to the Chair, and the Chair, at their discretion, may grant a recess. The Chair has sole discretion as to the length and number of any granted recesses.
6. Multiple Hearings – The Student Conduct Administrator will be responsible for determining the need for multiple hearings. If the Student Conduct Administrator determines that multiple hearings are necessary, then, all respondents are expected to be present at and participate in each hearing.
7. Respondent Fails to Appear – If a respondent student or group fails to appear at a hearing after having been duly notified of the time and place, the student or group has forfeited its rights. The hearing board may proceed in the absence of the respondent or it may reschedule the hearing at the discretion of the Chair. A hearing may be rescheduled only once.
8. Witness Fails to Appear – The Student Conduct Administrator or their designee may require the presence of any witness with pertinent information about a case. Failure to comply could result in student conduct action against a student witness.
9. Character Witnesses – Character Witnesses are not permitted in any hearing. Only witnesses that have direct knowledge of the case will be considered by the hearing board.
10. Hearing Record – The Student Conduct Administrator or his/her designee are the only parties that may record the proceedings of any hearing board whether in audio, video, or audio-visual format. Copies of the hearing record are for College use only.
11. Hearings During College Recesses – When there is a need for a hearing before school opens in the Fall, during January term, during college breaks, during the final exam period, after school closes in the Spring or Summer session, that case may be heard by the Vice President for Student Affairs or his/her designee.
Hearing Board Specific Procedures
Student Conduct Board and Dean’s Administrative Board hearings are conducted according to the following outline. The Dean’s Sexual Conduct Board uses the procedures detailed in the Sexual and Relationship Conduct Policy for the review of alleged violations of the Sexual and Relationship Conduct Policy. (See “Sexual and Relationship Conduct Policy Hearing Procedures”):
- Call to order
- Introductions
- The Oath of Honesty
- Reading of the charge(s) to be considered
- Statement by the respondent as to whether they are not responsible or responsible for the alleged policy violation(s)
- Presentation of information concerning charge(s), including the following components if relevant to the hearing but not necessarily in this order:
- Questions by hearing board members
a) Investigation report
b) Information from witnesses
c) Information from the respondent concerning their account
d) Information from the complainant concerning their account (in cases where the College is not the complainant).
- Summary comments by the respondent if they elect to make them
- Hearing board meets in a closed executive session to deliberate. If the board determines that the charged student is responsible for one or more infractions, the board then also determines appropriate sanctions. If the hearing panel needs additional information to determine appropriate sanctions, the board may invite the respondent to return to the hearing room to respond to additional questions.
- Verbal presentation of the hearing board’s decision(s)
- If applicable, the Chair reminds the respondent and the complainant of the provisions for appeals as found in the Student Conduct Code
- Adjournment
XVI. Appeals
Student Conduct Board and Dean’s Administrative Board appeals are conducted according to the following outline. The Dean’s Sexual Conduct Board uses the procedures detailed in the Sexual and Relationship Conduct Policy to review appeals from violations of the Sexual and Relationship Conduct Policy. (See Sexual and Relationship Conduct Policy Hearing Procedures).
1. Notification – a student or student group found responsible for a violation of the Student Conduct Code by a hearing board or a Dean’s hearing will be notified of their right to appeal by the Student Conduct Administrator at the conclusion of the hearing.
2. Student Conduct Appeals Authority – The Student Conduct Appeals Authority is vested in the Vice President for Student Affairs who may or may not convene the appropriate appeals board as defined in the Student Conduct Code and the Sexual and Relationship Conduct Policy.
3. Appeal Request – an accused student or student group who has been found responsible may submit a written appeal request to the Student Conduct Administrator within three (3) business days of the hearing at which they were found responsible. Such requests must be submitted to the Student Conduct Administrator by completing the Student Conduct Board Appeals Request. The appeals request must contain the detailed information that the appellant has that would justify action by the Vice President for Student Affairs or the appropriate appeals board as outlined below.
4. Appeal Hearing – After an appeals request has been submitted, the Vice President for Student Affairs will render a decision about how to proceed within a reasonable amount of time . An appeals board, if convened, shall not include any member(s) who sat on the hearing panel of the hearing board that found the student or student group responsible initially.
5. Grounds for Granting an Appeal – In deciding whether to take action on a case, the following items will be assessed:
A. The presence of substantial new evidence unavailable to the appellant at the time of the hearing;
B. The presence of new witness(es) unknown to the appellant at the time of the hearing;
C. To determine whether the hearing was conducted using improper procedures that impacted the fairness of the hearing.
6. Appeal Outcomes – The Vice President for Student Affairs and/or the Appeals Board may take any of the following actions:
A. The original decision of the hearing panel may be vacated in its entirety.
B. The Student Conduct Appeal Authority may send the case back to the original hearing board to consider new evidence or witnesses; or the case may be sent to a new hearing board for a new hearing at the discretion of the Student Conduct Appeal Authority.
C. The Student Conduct Appeal Authority can find that grounds for an appeal have not been satisfied, and allow for the decision of the original board to stand, which will close the case.
7. Burden of Proof – The appellant bears the burden of proof, i.e., a preponderance of the evidence, in any appeal.
8. Hearings During College Recesses – When there is a need for a hearing before school opens in the Fall, during January term, during college breaks, during the final exam period, after school closes in the Spring or Summer session, that case will be reviewed by the Vice President for Student Affairs or his/her designee.
9. Finality of the Appeal – The decision of the Vice President for Student Affairs and/or the Appeals Board is final.
XVII. Notification of Parents/Guardians for Student Conduct Matters
Written notice of responsibility determinations for violations and sanctions are sent to the student’s email address listed in College records and, in the case of dependent students, to their parent(s) or legal guardian(s) physical address if the Student Conduct Administrator deems it to be in the best interest of the student.
A dependent student may submit a written request that no parent/guardian notification be made if they are notified by the Student Conduct Administrator that the information will be sent to their families, specifying extenuating circumstances that they believe warrant deviation from this practice. Such requests are evaluated on a case-by-case basis by the Vice President for Student Affairs and Dean of Students or his/her designee, and in accordance with state and Federal laws.
XVIII. Notification of Student Organization Advisors and International Headquarters
Written notice of responsibility determinations for violations and sanctions are sent to a student organizations faculty advisors, athletic coaches, chapter or national advisors, house corporation advisor, and/or inter/national headquarters.
These notifications are intended to involve the larger network of people concerned about the student organization, their behavior and their handling of the sanction.
XIX. Student Conduct Disciplinary Hold
The Vice President for Student Affairs and Dean of Students or designee may withhold an official transcript, diploma, or degree of a student alleged to have committed a violation of the Randolph-Macon College Student Conduct Code. The Vice President for Student Affairs and Dean of Students or designee may take such action pending a hearing by the appropriate student conduct board and/or the exhaustion of the student’s appellate rights. Moreover, such a hold may preclude participation in commencement exercises or any other exercise related to commencement pending a hearing by the appropriate student conduct board and/or the exhaustion of the student’s appellate rights.
XX. Transcript Notation
The Registrar is required, by Virginia law, to make a prominent notation on the academic transcript of any student who is found responsible for a violation of the Student Conduct Code and/or College Policy and who has been sanctioned with either suspension or expulsion. The notation must remain on the record until the completion of the sanction.
XXI. Virtual Hearing Policy
The Student Conduct Code and the Sexual and Relationship Conduct Policy provide for hearings to be conducted either partially or completely in a virtual environment according to the needs of the College and/or the wishes of the respondent and/or complainant.
The hearing procedures, as outlined in the Student Conduct Code and the Sexual and Relationship Conduct Policy, will be followed as written. Differences in the delivery method of the hearing procedures such as, but not limited to, verbal consent to abide by the Oath of Honesty in lieu of a signature or the use of a waiting room as private space for a participant to wait do not constitute a change in policy or procedures.
Virtual hearings, whether completely online or a hybrid model, will be hosted through a Zoom meeting prepared by the Student Conduct Administrator. The Student Conduct Administrator will use the tools provided by Zoom including but not limited to break-out rooms and waiting rooms to conduct the hearing and to provide separate spaces for the board, participants, and their respective advisors where appropriate according to the procedures defined in the Student Conduct Code and the Sexual and Relationship Conduct Policy.
Participants in a virtual hearing, appearing via Zoom but not in the assigned physical hearing room if there is one, may have no one present in the room with them physically or virtually save their selected or assigned advisor.
Moreover, participants are reminded that the Student Conduct Code and the Sexual and Relationship Conduct Policy prohibit the recording of hearings in any way save the recording produced by the Student Conduct Administrator.
Failure by any participant or their advisor to abide by this provision will result in further student conduct action for the aforementioned participant.
The Randolph-Macon College Student Conduct Code is adapted from The NCHERM Group Model Developmental Student Conduct Code and is used here with permission.
