Reports of alleged violation of the Honor Code and the Student Conduct Code are addressed by the Office of the Dean of Students or by the Office of Housing and Residence Life.* Students, faculty, and staff may submit written and/or oral reports of possible misconduct to the Office of the Dean of Students. Reports received from individuals or agencies outside the University community may also result in University disciplinary action.
* When a reported incident alleges interpersonal misconduct, the report is addressed in accordance with procedures outlined in the Interpersonal Misconduct Policy (see “Interpersonal Misconduct Policy”). When a report of alleged interpersonal misconduct also alleges misconduct prohibited by the Honor and Student Conduct Codes, the additional misconduct alleged may be considered and/or resolved in conjunction with the address of alleged interpersonal misconduct through procedures outlined in the Interpersonal Misconduct Policy. Also, the alleged misconduct prohibited by the Honor and Student Conduct Codes may be referred to the Office of the Dean of Students for resolution through disciplinary procedures outlined in the Honor and Student Conduct Codes and Regulations concurrent with or subsequent to address of alleged interpersonal misconduct through procedures outlined in the Interpersonal Misconduct Policy.
Reports of possible violation of the Honor and Student Conduct Codes should be submitted in a timely manner; passage of time between an incident and report submission may diminish or eliminate the ability of the Office of the Dean of Students or of the Office of Housing and Residence Life to review the report effectively through disciplinary procedures. A report submitted 150 days or more after an incident is not typically reviewed as a possible violation of the Honor and Student Conduct Codes, but the Office of the Dean of Students may elect to do so.
When a report of a possible infraction of the Honor and Student Conduct Codes is received by the Office of the Dean of Students or delegated to the Office of Housing and Residence Life, the following process is implemented:
- The report of possible violation of the Honor and Student Conduct Codes is reviewed to determine appropriate address of the matter, including whether disciplinary action should be initiated, and whether interim action is needed. This review may include contacting the student(s) reportedly involved in the incident, other witness(es) with relevant first-hand knowledge of the incident, and/or other information pertinent to the alleged misconduct. However, such review is not an exhaustive search for every detail directly or indirectly related to the incident. Students who provide information about an incident are expected to provide honest, accurate, and complete information. Providing information that is false, incomplete, or misleading may result in disciplinary action.
Review of a reported incident does not, in itself, constitute disciplinary action. Disciplinary action is initiated when a charge of infraction of the Honor Code or the Student Conduct Code is issued to a student.
- Interim action may include, but is not limited to: making a new residential assignment that requires a student to move; removing a student’s ability to live on campus; restricting access to specified areas of campus; requiring a student to change to another section of an academic class and/or to stop attending a class; and interim suspension from the University. Actions implemented on an interim basis may be continued as part of the final outcome of the incident review.
The vice president and dean for student development or his designee may determine that sufficient cause exists to impose interim suspension, excluding the student from all classes and other University activities and requiring the student to leave University property within the time specified in the interim suspension notice. When interim suspension is issued, a hearing is offered in accordance with University of Lynchburg disciplinary procedures, usually within ten class days of this interim action.
- Interim action may include, but is not limited to: making a new residential assignment that requires a student to move; removing a student’s ability to live on campus; restricting access to specified areas of campus; requiring a student to change to another section of an academic class and/or to stop attending a class; and interim suspension from the University. Actions implemented on an interim basis may be continued as part of the final outcome of the incident review.
- When it is determined that disciplinary action should be initiated to resolve only B-level infractions, the violations may be resolved administratively without a hearing by the Office of the Dean of Students or by the Office of Housing and Residence Life. When an incident is resolved administratively without a hearing, an authorized representative of the Office of the Dean of Students or the Office of Housing and Residence Life determines charges and sanctions and communicates these decisions in writing to the student.
- When it is determined that disciplinary action should be initiated to resolve a possible A-level infraction, with or without accompanying B-level infractions, a hearing is conducted by either the Student Judicial Board or the Administrative Board. A judicial board hearing may also be conducted to resolve repeated or accumulating B-level infractions (typically, a student’s third alleged B-level infraction in one semester or fifth alleged B-level infraction during tenure).
When a hearing is needed and charges are issued from more than one jurisdiction, the Office of the Dean of Students determines which hearing board adjudicates the case. The appropriate judicial board chairperson or representative of the Office of the Dean of Students determines charges, establishes a date and location for the hearing, and communicates these decisions in writing to the student.
When a hearing takes place, the appropriate hearing panel addresses the alleged infraction(s), following the hearing procedures outlined in the Honor and Student Conduct Codes and Regulations (see Hearing Procedures).
- In both administrative handlings and judicial board hearings, a student is found responsible for violating a specified policy only if the adjudicator(s) determine that a preponderance of the incident information shows that the student engaged in the misconduct.
- A student found responsible for violating the Honor Code or the Student Conduct Code may submit one written appeal of decisions made through administrative handling or judicial board hearing. (For more information about appeal requests see Appeal Procedures.)
- Written notice of disciplinary charges and sanctions is sent to the student’s local address listed in University records. A student’s local address is one’s campus mailbox, if assigned, or University email address. Failure or refusal to pick up, open, or read a notice does not remove the recipient’s obligation to adhere to any instructions, deadlines, or sanctions issued in the notice.
At the end of a semester and during summer and January terms, due to the limited time that a student may remain on campus or in the Lynchburg area, the Office of the Dean of Students may amend disciplinary procedures and/or timelines described elsewhere in the Honor and Student Conduct Codes and Regulations in any way to resolve alleged infractions.
A student may not avoid adjudication of an alleged policy infraction by withdrawing from the University. Should a student withdraw or depart from the University before review of a reported incident and/or adjudication of an alleged infraction is completed, the disciplinary process may proceed, as described in the Honor and Student Conduct Codes and Regulations, and appropriate sanctions for confirmed charges may be issued. Pending resolution of a disciplinary matter, a hold may be placed on the absent student’s transcript.
