When staff observe a behavior or incident that may involve a policy violation, a member of the staff will document the incident in a Student Conduct/Policy Violation report including a detailed description of the incident and identifying information for all person(s) involved. After reviewing the incident report, the Assistant Director (AD) for Conduct or the Conduct and Care Coordinators (CC) will determine the appropriate route for resolving the incident. The student will then receive a notification regarding the resolution process.  

Cases within Residential Life and Housing are assigned to Hall Directors (HD), Assistant Directors (AD), Conduct and Care Coordinators (CC), or other trained hearing officers. Less serious violations and/or Guide to Residential Living violations will be handled by the HD. Serious violations or repeated lesser violations may lead to a review of a resident’s housing contract by the AD and may be referred to the Office of Student Conduct and Academic Integrity. 

During the meeting, the hearing officer will review the conduct process and the incident report(s) with the student. At that time, the student may share any information they have regarding the incident. Hearing officers are encouraged to ask developmental questions to accomplish two steps in the conduct process: fact-finding and reflection. Fact-finding questions assist with making a determination of responsibility. Reflective questions allow the hearing officer to tailor the developmental conversation and educational sanctions to meet the student’s unique needs.

Reporting a Concern

Virginia Commonwealth University allows all students, staff, and faculty to report violations or concerns. The incident reporting form can be used to report general or specific concerns. If you are not sure which form to use, this is the best option.

Appeals

Students will receive their hearing officer’s findings via written communication. Students then have a 5-day window in which they can “appeal” the findings by requesting a Sanction Review Board or Student Conduct Board. A link to the form explaining these options is included in their Decision Letter.  A brief review of the options on the Hearing Options Form is included below:

Administrative Adjudication

The student accepts responsibility for the violation(s) sanction(s) issued and therefore, there is no appeal. Most students will choose administrative adjudication. The student will also receive a letter reiterating the decision and sanctions, if they have been found responsible for a violation.  

Sanction Review Board 

The student accepts responsibility for the violation but doesn’t agree with sanctions from the hearing officer. An administrative board reviews cases and statements made by hearing officers and students about proposed sanctions.  

Student Conduct Board

The student rejects the hearing officer’s decision regarding responsibility and sanctions. The student elects to stand before a board that will hear the case from beginning to end. The hearing officer is often called to present the case to the Student Conduct Board. The Student Conduct Boards are generally composed of at least one student, one staff member, and one faculty member.    

Holds

Why is there an administrative hold on my account?

A registration hold may be placed on your student account if you do not schedule or appear at your conduct meeting regarding an alleged violation, fail to comply or complete a sanction. In such circumstances, the hold is removed once you schedule and attend your conduct meeting, or upon completion of the sanction. Additionally, students classified as seniors or nearing the end of their graduate/professional program shall have a degree hold imposed pending the adjudication of the alleged misconduct, including all appeal options.

Care cases are divided between Residential Life and Housing (RLH) and the Dean of Students Office (DOS) for all residential students, regardless of location of the incident. If a case reported to RLH escalates beyond the scope of our protocol, the incident report is sent to the Dean of Students (or designee) for follow-up. Examples of incidents that would be immediately referred include suicide attempts, repeated suicidal gestures or involuntary hospitalizations, requests for academic accommodations, or cases that may need a referral to the Student Assistance and Support committee for review.

If a case reported via VCUPD or the DOS online form involves a residential student and does not meet the criteria above for DOS follow-up, Residential Life and Housing will provide outreach to the student.

Reporting a Concern

Virginia Commonwealth University allows all students, staff, and faculty to report violations or concerns. The incident reporting form can be used to report general or specific concerns. If you are not sure which form to use, this is the best option.

Student Resource List

The Student Resource list includes a wide variety of campus partners providing services to students. Residential Life and Housing may recommend specific resources to a student, such as walking them to a counseling intake appointment in the Commons. Click the links listed below for more information:

On Campus Resources

Off Campus Resources

Advisor Form

All student and Registered Student Organizations (RSO) have the right to be accompanied by an adviser of their choice and at their own expense during the university student conduct process for advisory purposes only. Advisers are not permitted to speak or to participate directly in the university student conduct process unless authorized by the Student Conduct Administrator. When selecting an adviser, students and RSO should consider any scheduled meetings or hearings. Delays in the university student conduct process will not be allowed due to the scheduling conflicts of an adviser. To receive the Advisor form, please contact the Assistant Director of Residential Life for Conduct.

Appeal Request

Any appeal of the Student Conduct Board's (SCB) decision must be made by the respondent student or Registered Student Organization (RSO) in writing to Student Conduct and Academic Integrity (SCAI) using the Appeal Form within five business days following the date of notification of the decision. The written appeal must contain any and all information relevant to the appeal, including any new evidence or information when new and pertinent evidence is the selected appeal ground. After SCAI receives the appeal, the Student Conduct Administrator may submit a statement responding to the claims or issues presented by the written appeal. SCAI will submit the written appeal and response to a Conduct Appeal Board (CAB). To access the appeal request form, please click the Appeal Request header above.

Release of Records

Student conduct records are protected by the Family Educational Rights and Privacy Act (FERPA) of 1974. Information about a specific student’s conduct record cannot be disclosed to any third-party without the student’s consent, regardless of the student’s age. If a student would like to permit the University to discuss their incident with a third party, the student must waive their protections as outlined by FERPA by completing and submitting the Waiver of Confidentiality. To receive the Release of Records form, please contact the Assistant Director of Residential Life for Conduct.

Rights and Responsibilities

All student and Registered Student Organization (RSO) respondents are provided the following rights and responsibilities throughout the university student conduct process:

1. To receive written notification of any alleged violation against them via official forms of university communication (i.e., VCU email) including a general summary of the complaint, contact information for the university employee to receive additional information, and the date by which such contact must occur.
2. To know the source of any allegation.
3. To know the specific alleged violation(s) of this policy.
4. To present their version of events giving rise to the allegations.
5. To know that any statements made by the reporting party, witnesses, and/or respondent may be used during the process.
6. To review and respond to any allegation or information presented to the decision-maker.
7. To present information by relevant and noncumulative witnesses.
8. To refrain from making any statement concerning alleged violations of this policy or from participating in the proceedings.
9. To be accompanied by an adviser of their choice and at their own expense during the university student conduct process for advisory purposes only. Advisers are not permitted to speak or to participate directly in the university student conduct process unless authorized by the Student Conduct Administrator. When selecting an adviser, students and RSO should consider any scheduled meetings or hearings. Delays in the university student conduct process will not be allowed due to the scheduling conflicts of an adviser.
10. Notice of the outcome of the proceedings including a description of any appeal process.
11. A decision-maker free from actual bias.

For information regarding notice of the outcome of the proceedings including a description of any appeal process see the Notification section of this policy.

Guide to Residential Living

The Guide to Residential Living (GTRL) is an essential document that provides residential students with policies, procedures, and residing within Residential Life and Housing (RLH). To view the GTRL, please click the Guide to Residential Living header above.

Housing Contract

The housing contract is a legal binding contract that each residential student must complete prior to moving into the residence hall. The housing contract provides specific guidelines each residential student must abide by while residing within Residential Life and Housing (RLH). To view the housing contract, please click the Housing Contract header above.

Medical Amnesty

If a student seeks medical assistance for themselves or others due to the use of alcohol or drugs, neither the student seeking assistance, nor the student needing aid will be subject to disciplinary action by the university for prohibited conduct under this policy based on personal consumption of alcohol or drugs or the disclosure of personal consumption of drugs or alcohol related to the incident. In these circumstances, the university reserves the right to mandate that the student(s) participate in academic programming, or a medical intervention related to alcohol or drug use. In the case of a student with additional university responsibilities (including teaching assistants or resident advisers) potential disciplinary action may occur as stated in the policies related to those additional responsibilities.

The university will not pursue disciplinary action under this policy based on disclosure of personal consumption of drugs or alcohol where such disclosures are made in connection with a good faith report of prohibited conduct under this policy or an individual’s cooperation in an investigation under this policy.

Student Code of Conduct

Under the terms of the Student Code of Conduct, students and registered student organizations (RSO) are extended rights, but also assume many responsibilities. To view the Student Code of Conduct, please click the Student Code of Conduct header above.

Q: If I did not commit the violation of which I am being accused, why do I need to respond?

A: All allegations of misconduct will be investigated. The investigation process affords the respondent the right to respond to and refute the allegation, and your response can help the investigator determine whether you are responsible for the alleged violation. If it is determined that a respondent is not responsible for the alleged misconduct, the matter will then be closed with no formal action will be taken against the respondent.

Q: Can my case go through the courts and the university conduct process?

A: Yes. They are entirely independent and separate processes. University disciplinary proceedings may be instituted against a student charged with conduct that may violate criminal or civil law and this policy (that is when both possible violations result from the same factual situation). Proceedings under this policy may be initiated and carried out prior to, simultaneously with, or following civil or criminal proceedings. Determinations made or sanctions imposed under this policy shall not be subject to change because of the criminal or civil outcomes. The concept of 'double jeopardy' applied in criminal settings is not applicable to a university proceeding.

Q: Will my parents or guardians be notified of a violation?

A: When a student under the age of 21 is found responsible for violating alcohol, drugs, and/or controlled substance laws or policies, the student’s parents or guardians may be notified. The notification will include information concerning the violation, and the university sanctions, and reiterate the university’s expectations for future behavior. Residential Life and Housing may also notify parents, guardians, or others in connection with a health or safety emergency.

Q: Will my records be released for a background check?

A: A student may need to provide a disciplinary history to a third party for a study abroad program, graduate school, employment, etc. With a signed release by the student, the university may release to the external agency disciplinary records as requested by the student and generally related to suspension or expulsion.

Q: What individual conduct records are maintained and for how long?

A: All student conduct records for individual respondents are maintained in an electronic database for a minimum of seven (7) years, in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. If an individual receives additional sanctions during the seven-year period, records of all violations will be retained until there is a period of seven years following the most recent incident. If an individual is suspended or expelled, complete records of the proceedings and all pertinent documents, including records of previous lesser sanctions, shall be maintained permanently.

Q: What sanctions are recorded on a student’s transcript?

A: Suspensions and expulsions are noted on an individual student respondent’s transcript.