Student Conduct Code
Roanoke College is committed to establishing a special living/learning environment for the College community, which includes its students, faculty and administrative staff.
A student's relationship with the College is based on a contractual agreement that the student enters into voluntarily. By joining our College community, the student agrees to abide by the policies of the College including the Student Conduct Code. Individuals are subject to the Student Conduct Code as long as they are enrolled at the College, including break periods and while studying abroad. The College conduct system is not a legal system based on the adversarial model used in the courts. Rather, it is a system that seeks to find the truth by ensuring that students charged with violations of the Student Conduct Code know the charges brought against them by whom and have the opportunity to answer such charges before an impartial authority of members of the College community. The College's conduct system is not a substitute for the criminal justice system or a sanctuary from criminal or civil law. Violations of local, state, and/or federal laws are handled by the respective court systems. Such conduct also may constitute violations of the Student Conduct Code and thus may subject a student to action by the College.
The policies and regulations of the College have been established to support the educational mission and values of the institution. This mission includes providing a safe, special living/learning environment in which students can pursue their education without undue interruption or distraction. In order for this to be possible, students are expected to be honest; to respect the rights and property of other members of the College and the local community; and to conduct themselves in a responsible manner. For many students, the college experience means an opportunity for increased freedom. Along with this increased freedom, comes the obligation of handling it responsibly. Students are expected to behave responsibly and will be held accountable for their actions.
ARTICLE I: DEFINITIONS
1. The term "student" includes all persons taking courses at the College, either full-time or part-time. Persons who withdraw after allegedly violating the Student Conduct Code, who are not officially enrolled for a particular term, but who have a continuing relationship with the College, or who have been notified of their acceptance for admission, are considered "students" as are persons who are living in College residence halls, although not enrolled at this institution.
2. The term "College official" includes any person employed by the College including faculty and administrative members including paraprofessional staff and student employees acting in the performance of their duties.
3. The term "member of the College community" includes any person who is a student or any other person employed by the College. A person's status in a particular situation shall be determined by the Vice-President for Student Affairs/Dean of Students or his designee.
4. The term "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks).
5. The term "organization" means any number of persons who have complied with the formal requirements for College recognition.
6. The term "Student Conduct Council" means any person or persons authorized by the Vice- President for Student Affairs/Dean of Students or his designee to determine whether a student has violated the Student Conduct Code and to recommend sanctions that may be imposed when a rules violation has been committed.
7. The term "Student Conduct Administrator" means a College official authorized on a case-by-case basis by the Vice President for Student Affairs/Dean of Students or his designee to impose sanctions upon any student(s) found to have violated the Student Conduct Code. The Vice-President for Student Affairs/Dean of Students or his designee may authorize a Student Conduct Administrator to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of the Student Conduct Council. The Vice-President for Student Affairs/Dean of Students or his designee may authorize the same Student Conduct Administrator to impose sanctions in all cases.
8. The term "Appellate Board" means any person or persons authorized by the Vice-President for Student Affairs/Dean of Students or his designee to consider an appeal from a Student Conduct Council's determination as to whether a student has violated the Student Conduct Code.
9. The term "policy" means the written regulations of the College as found in, but not limited to, the Student Conduct Code, Student Handbook, and College Catalog.
10. The term "complaint" means a report filed by any member of the College community and submitted to the Student Conduct Administrator alleging one or more violations of the Student Conduct Code.
11. The term "charge" means an alleged Student Conduct Code violation as determined by the Student Conduct Administrator after reviewing a complaint.
12. The term "Complainant" means any person who submits a complaint alleging that a student violated the Student Conduct Code. When a student believes that s/he has been a victim of another student's misconduct, the student who believes s/he has been a victim will have the same rights under this Student Conduct Code as are provided to the Complainant, even if another member of the College community submitted the charge(s).
13. The term "Accused Student" means any student accused of violating the Student Conduct Code.
Article II: Student Conduct Code Authority
1. Responsibility and authority for the administration of student conduct at Roanoke College is vested in the Board of Trustees, which delegates such authority to the President of the College. In turn, the President delegates certain responsibility and authority to members of his administration. The Vice-President for Student Affairs/Dean of Students is that person designated by the College President to be responsible for the administration of the Student Conduct Code.
2. The Vice-President for Student Affairs/Dean of Students or his designee shall develop policies for the administration of the Student Conduct System and procedural rules for Student Conduct Council hearings that are consistent with the provisions of the Student Conduct Code.
Article III: Proscribed Conduct
A. Jurisdiction of the Student Conduct Code
1. Offenses Against Persons
a. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.
b. Sexual Misconduct as defined in the Sexual Misconduct Policy.
c. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. Assisting, directing, or in any way causing others to participate in degrading behavior and/or behavior that causes ridicule, humiliation, or embarrassment of a student also constitutes hazing. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations.
d. Failure to comply with directions of College officials, or law enforcement/emergency medical personnel acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
2. Offenses Against Property
a. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus.
b. Unauthorized possession, duplication or use of keys/card access to any College premises or unauthorized entry to or use of College premises.
c. Theft or other abuse of computer facilities and resources, including but not limited to:
1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
2. Unauthorized transfer of a file.
3. Use of another individual's identification and/or password.
4. Use of computing facilities and resources to interfere with the work of another student or College official.
5. Use of computing facilities and resources to send obscene or abusive messages.
6. Use of computing facilities and resources to interfere with normal operation of the College computing system.
7. Use of computing facilities and resources in violation of copyright laws.
8. Any violation of the College Use of Computer Facilities Policy.
3. Offenses Against the Community
a. Acts of dishonesty, including but not limited to the following:
1. Furnishing false information to any College official or office.
2. Forgery, alteration, or misuse of any College document, record, or instrument of identification.
b. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.
c. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
d. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.
e. Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community.
4. Offenses Against the Student Conduct System
a. Abuse of the Student Conduct System, including but not limited to:
1. Failure to obey the notice from a Student Conduct Council or College official to appear for a meeting or hearing as part of the Student Conduct System.
2. Falsification, distortion, or misrepresentation of information before a Student Conduct Council.
3. Disruption or interference with the orderly conduct of a Student Conduct Council proceeding.
4. Institution of a Student Conduct Code proceeding in bad faith.
5. Attempting to discourage an individual's proper participation in, or use of, the Student Conduct System.
6. Attempting to influence the impartiality of a member of a Student Conduct Council prior to, and/or during the course of, the Student Conduct Code proceeding.
7. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Council prior to, during, and/or after a Student Conduct Code proceeding.
8. Failure to comply with the sanction(s) imposed under the Student Conduct Code.
9. Influencing or attempting to influence another person to commit an abuse of the Student Conduct Code system.
5. Other Offenses
a. Violation of any College policy, rule, or regulation as found in, but not limited to, the Student Conduct Code, Student Handbook, and College Catalog.
b. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law.
c. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by College regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
d. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
e. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly Conduct includes but is not limited to: Any unauthorized use of electronic or other devices to make an audio or video record of any person while on
College premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
f. Complicity. Attempting, aiding, abetting, conspiring, hiring or being an accessory to any act prohibited by this code shall be considered to the same extent as completed violations.
6. Offenses Against the Commonwealth of Virginia & Other State, Local & Federal Jurisdictions
a. Violation of any federal, state or local law.
C. Violation of Law and Student Conduct Code
1. College conduct proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and the Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of Vice-President for Student Affairs/Dean of Students or his designee. Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
2. When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Conduct Code, the College may advise off-campus authorities of the existence of the Student Conduct Code and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
ARTICLE IV: STUDENT CONDUCT CODE PROCEDURES
A. Charges and Student Conduct Council Hearings
1. Any member of the College community may file a complaint against a student for alleged violations of the Student Conduct Code. A complaint shall be prepared in writing and directed to the Student Conduct Administrator. Any complaint should be submitted as soon as possible after the event takes place, preferably within three business days.
2. The Student Conduct Administrator may conduct an investigation to determine if the complaint has merit and charges are warranted. When charges are warranted, the matter can be disposed of informally by mutual consent of the parties involved on a basis acceptable to the Student Conduct Administrator. Such informal disposition shall be final and there shall be no subsequent proceedings. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Student Conduct Administrator may later serve in the same matter as the Student Conduct Council or a member thereof.
3. All Student Conduct Code charges shall be presented to the Accused Student in written form. A time shall be set for a Student Conduct Council Hearing not less than 3 calendar days after the student has been notified unless the Student Conduct Administrator, accused student and complainant agree to a time of fewer than 3 days.
4. Student Conduct Council Hearings shall be conducted by a Student Conduct Council according to the following guidelines except as provided by article IV (A) (6) below:
a. Student Conduct Council Hearings normally shall be conducted in private.
b. Student Conduct Council Hearings shall be structured as follows at the discretion of the Student Conduct Administrator:
1. Administrative Hearing. Comprised of the Student Conduct Administrator and/or
his/her designee(s); or
2. Student Conduct Panel. Comprised of three students from the Student Conduct
3. Student Conduct Board. Comprised of two students and three College officials
from the Student Conduct Council.
c. The Complainant, Accused Student and their advisor, if any, shall be allowed to attend the entire portion of the Student Conduct Council Hearing at which information is received (excluding deliberations).
d. In Student Conduct Council Hearings involving more than one Accused Student, the Student Conduct Administrator, in his or her discretion, may permit the Student Conduct Council Hearings concerning each student to be conducted either separately or jointly.
e. The Complainant and the Accused Student have the right to be assisted by an advisor they choose. The advisor must be a member of the College community and may not be an attorney. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Council Hearing before a Student Conduct Council. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Council Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
f. The Complainant, the Accused Student and the Student Conduct Council may arrange for witnesses to present pertinent information to the Student Conduct Council. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two weekdays prior to the Student Conduct Council Hearing. Witnesses will provide information to and answer questions from the Student Conduct Council. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Council with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Student Conduct Council.
g. Pertinent records, exhibits, and written statements (including Character References and Student Impact Statements) may be accepted as information for consideration by a Student Conduct Council at the discretion of the chairperson.
h. All procedural questions are subject to the final decision of the Student Conduct Council Chairperson and/or the Student Conduct Administrator.
i. After the portion of the Student Conduct Council Hearing concludes in which all pertinent information has been received, the Student Conduct Council shall determine (by majority vote if the Student Conduct Council consists of more than one person) whether the Accused Student has violated each section of the Student Code which the student is charged with violating.
j. The Student Conduct Council's determination shall be made on the preponderance of evidence standard (whether it is more likely than not that the Accused Student violated the Student Code).
k. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Conduct Code proceedings.
5. If an Accused Student, with notice, does not appear before a Student Conduct Council Hearing, the information in support of the charges shall be presented and considered even if the Accused Student is not present.
6. The Student Conduct Council may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, video conferencing, video recordings, written statement, or other means, where and as determined in the sole judgment of the Student Conduct Administrator to be appropriate.
1. The following sanctions may be imposed upon any student found in violation of the Student Conduct Code:
a. Warning: A notice in writing to the student that the student is violating or has violated institutional regulations.
b. Educational Assignments: Projects of an educational nature such as Judicial Educator online modules, reflection essays, Alcohol Roundtable, etc.
c. Administrative Fees: Previously established fees associated with the cost of Educational Assignments.
d. Fines: Previously established and published fines may be imposed.
e. Probation: A written reprimand for violation of specified regulations. Probation is for a designated period of time. Any type of violation during this period usually results in Suspension or Expulsion from the College if the student is found in violation of any institutional regulation(s) during the probationary period.
f. Loss of Privileges: Denial of specified privileges for a designated period of time.
g. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
h. Discretionary Sanctions: Work assignments or other related discretionary assignments.
i. Residence Hall Suspension: Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
j. Residence Hall Expulsion: Permanent separation of the student from the residence halls.
k. College Suspension: Separation of the student from the College for a definite period of time not less than one semester, after which the student is eligible to return. Suspended students must reapply and be readmitted to the College. The suspension takes effect when the appeal for the offense is exhausted, waived or time limit has passed. Suspensions may be implemented in one of two ways: immediate implementation of suspension or deferred implementation of suspension. The sanction of suspension may be placed in deferred status. If the student is found in violation of any College violation during the time of deferred suspension, the suspension takes effect immediately without further review. Additional student conduct sanctions appropriate to the new violation may also be applied. A student who has been issued a deferred suspension sanction is deemed "not in good standing" with the College.
l. College Expulsion: Permanent separation of the student from the College.
m. Revocation of Admission and/or Degree: Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
2. Withholding Degree: The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
3. More than one of the sanctions listed above may be imposed for any single violation.
4. (a) Other than College expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's conduct record. The student's conduct record shall be expunged from the student's confidential record three years after graduation or departure from the College.
(b) In situations involving both an Accused Student(s) (or group or organization) and a student(s) claiming to be the victim of another student's conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the Accused Student(s) and the student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.
5. The following sanctions may be imposed upon groups or organizations:
a. Those sanctions listed above in article IV(B)(1)(a)-(h).
b. Deactivation. Loss of all privileges, including College recognition, for a specified period of time or indefinitely. In each case in which a Student Conduct Council determines that a student and/or group or organization has violated the Student Conduct Code, the sanction(s) shall be determined and imposed by the Student Conduct Administrator. In cases in which persons other than, or in addition to, the Student Conduct Administrator have been authorized to serve as the Student Conduct Council, the recommendation of the Student Conduct Council shall be considered by the Student Conduct Administrator in determining and imposing sanctions. The Student Conduct Administrator is not limited to sanctions recommended by members of the Student Conduct Council. Following the Student Conduct Council Hearing, the Student Conduct Council and the Student Conduct Administrator shall advise the Accused Student, group and/or organization (and a complaining student who believes s/he was the victim of another student's conduct) in writing of its determination and of the sanction(s) imposed, if any.
C. Interim Suspension
In certain circumstances, the Vice-President for Student Affairs/Dean of Students, or a designee, may impose a College or residence hall suspension prior to a Student Conduct Council Hearing.
1. Interim suspension may be imposed under the following conditions:
a) when a student is criminally charged with a felony or other serious criminal offense by law enforcement authorities, whether the alleged offense occurred prior to or after his/her first matriculation*;
b) to ensure the safety and well-being of members of the College community or preservation of College property;
c) to ensure the student's own physical or emotional safety and well-being; or
d) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
2. During the interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Vice-President for Student Affairs/Dean of Students, or his designee, may determine to be appropriate.
3. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Council Hearing, if required.
* Students found guilty of a felony or serious criminal offense by law enforcement authorities may be sanctioned by the College without a hearing to include suspension or expulsion.
1. A decision reached by the Student Conduct Council or a sanction imposed by the Student Conduct Administrator may be appealed by the Accused Student(s) or Complainant(s) to an Appellate Board within two (2) business days of the decision. The appeal must be submitted in writing using the Appeal Form available online or in the Dean of Students Office and delivered to the Student Conduct Administrator or his or her designee.
2. An appeal must be based on the following criteria:
a. Procedural Error: To determine whether the Student Conduct Council Hearing was conducted in conformity with prescribed procedures giving the complainant a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those charges. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
b. New Information: To consider new information not previously known to the person appealing at the time of the original Student Conduct Council that is sufficient to alter the decision.
3. If an appeal is upheld by the Appellate Board, the matter shall be returned to the original Student Conduct Council and Student Conduct Administrator for re-opening of Student Conduct Council Hearing to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved.
Article V: Interpretation and Revision
A. Any question of interpretation or application of the Student Code shall be referred to the Vice-President of Student Affairs/Dean of Students or his or her designee for final determination.
B. The College may amend the Student Conduct Code and students are bound to any amendments upon adoption by the College.
C. The Student Code shall be reviewed at least every 3 years under the direction of the Student Conduct Code Administrator.
Article VI: Student Conduct Standard Sanctions
Standard sanctions have been adopted by the College to respond to substance abuse-related violations of the Student Conduct Code and other serious behaviors. Roanoke College is deeply concerned about the extent to which some students engage in underage consumption of alcohol, unlawful use of drugs, and/or consumption of alcohol or other drugs to a degree that renders them in need of emergency medical intervention or other extraordinary assistance. In addition, the College seeks to deter students from engaging in conduct that poses risks to the safety and well-being of the individual student and/or the College community as a whole. Standard sanctions are intended to alert students and other members of the College community to the seriousness of alcohol and drug-related behaviors, violence, and safety violations; provide meaningful consequences for violations of College expectations; and, ensure that students are provided opportunities to access education, counseling, and support.
Student Conduct Code violations not described below will be handled on a case-by-case basis in light of all the circumstances. Other specific situations to which standard sanctions do not apply are as follows:
a. where a student is found to have engaged in multiple violations of the Student Conduct Code in a single incident, rather than solely in the violation addressed by the standard sanction;
b. where a student is already on a conduct sanction status equal to or greater than the standard sanction for a subsequent offense; and/or
c. where a specific incident presents exacerbating circumstances, an ongoing risk to persons or property, or other serious concerns.
In these situations, the appropriate sanctions will be determined on a case-by-case basis in light of all the circumstances. Generally, these situations will result in sanctions in excess of the standard sanction. The presence of substantial mitigating or other appropriate circumstances may result in the reduction of a standard sanction at the discretion of the Student Conduct Administrator, or the Appellate Board.
Consequences for Substance Abuse-Related Violations:
|Use/possession of alcoholic beverages or public intoxication.
|Distribution of alcoholic beverages to any person under twenty-one (21) years of age.
|Driving Under the Influence (DUI)
|Use/possession of marijuana
|Use/possession of heroin, narcotics, or other controlled substances
|Manufacturing or distribution of marijuana, heroin, narcotics, or other controlled substances
Consequences for Violence and Safety Violations:
Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person