Students, faculty, and staff may submit written and/or oral reports of possible misconduct to Campus Safety and Security or to Community Expectations and Restorative Practices (CERP). Reports received from individuals or agencies outside the University community may also result in University disciplinary action. 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 University’s ability 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 CERP may elect to do so.
Reports of alleged violation of the Honor and Student Conduct Codes are addressed by Community Expectations and Restorative Practices, the Office of Housing and Residence Life, or the Director of Title IX Compliance and Equal Opportunity Officer* (Title IX director).
* When a reported incident includes potential interpersonal misconduct, the report is referred to the Title IX director (or designee) for initial assessment. When a report of potential interpersonal misconduct also alleges misconduct prohibited by the Honor and Student Conduct Codes, the Title IX director (or designee) may consider and/or resolve the additional misconduct through procedures outlined in the Interpersonal Misconduct Policy or through procedures outlined in the Honor and Student Conduct Codes and Regulations. As an alternative, the Title IX director (or designee) may refer the alleged misconduct prohibited by the Honor and Student Conduct Codes to Community Expectations and Restorative Practices for resolution.
When a student allegedly fails to fulfill a requirement assigned by the Title IX director (or designee) (e.g., does not adhere to an instruction, does not complete outcome instructions satisfactorily, exceeds a restriction, etc.), possible violations of the Interpersonal Misconduct Policy and/or of the Honor and Student Conduct Codes may be resolved by the Title IX director (or designee). Also, the Title IX director (or designee) may instead refer possible violations of the Honor and Student Conduct Codes to Community Expectations and Restorative Practices for resolution.
When a report of a possible infraction of the Honor and Student Conduct Codes is received by Community Expectations and Restorative Practices (or delegated to the Office of Housing and Residence Life or to the Title IX director), 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 collection of information pertinent to the alleged misconduct from student(s) reportedly involved in the incident, other witness(es) with relevant first-hand knowledge of the incident, and/or other sources. 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: prohibiting contact with a specified person; 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 for student development (or 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.
- When it is determined that disciplinary action should be initiated to resolve only B-level infractions of the Honor and Student Conduct Codes, the violations may be resolved administratively without a hearing. When an incident is resolved through an administrative handling, a single authorized representative of Community Expectations and Restorative Practices (or of the Office of Housing and Residence Life, or the Title IX director or designee) determines charges and outcomes and communicates these decisions in writing to the student.
At the discretion of Community Expectations and Restorative Practices, repeated or accumulating B-level infractions may be adjudicated by a judicial board. Referral to a judicial board is considered for a student’s third (or subsequent) alleged B-level infraction in one semester or a student’s fifth (or subsequent) alleged B-level infraction during tenure.
- When it is determined that disciplinary action should be initiated to resolve one or more possible A-level infractions of the Honor and Student Conduct Codes, with or without accompanying B-level infractions, the charge(s) may be resolved administratively without a hearing or through a judicial board hearing. When a possible A-level infraction is resolved through an administrative handling, a single authorized representative of Community Expectations and Restorative Practices (or of the Office of Housing and Residence Life, or the Title IX director or designee) determines whether the charged student is responsible for the alleged infraction(s), assigns outcomes for violations upheld, and communicates these decisions in writing to the student.
When a possible A-level infraction is resolved through a judicial board hearing, the hearing is conducted by either the Student Judicial Board or the Administrative Board, as assigned at the discretion of Community Expectations and Restorative Practices in consideration of jurisdictional guidelines noted for each policy, whether a Board is able to resolve a matter in a timely manner, and/or other relevant factors. The appropriate judicial board chairperson or representative of Community Expectations and Restorative Practices (or designee) determines charges of possible violations to be resolved through a hearing, establishes a date and location for the hearing, and communicates these decisions in writing to the student.
When a judicial board 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) determines 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 an administrative handling or a judicial board hearing. (For more information about appeal requests, see Appeal Procedures.)
- Written notice of disciplinary charges and of outcomes 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 outcomes issued in the notice.
At the end of a semester and during summer and January terms (or other extraordinary circumstances), due to the limited time that a student may remain on campus or in the Lynchburg area, Community Expectations and Restorative Practices 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. When a report of possible misconduct is referred by the Threat Assessment and Management Team (TAM Team) to Community Expectations and Restorative Practices for review and possible disciplinary action, CERP 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 related to the TAM Team’s referral.
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 outcomes for confirmed charges may be issued. Pending resolution of a disciplinary matter, a hold may be placed on the absent student’s transcript.
To protect the privacy of a student’s educational records, no one may record, broadcast, attend, or listen to proceedings related to an administrative handling or a judicial board hearing without prior authorization from the adjudicator facilitating the meeting. Similarly, no one may facilitate another’s access to, observation, or other monitoring of proceedings related to an administrative handling or a judicial board hearing without prior authorization from the adjudicator facilitating the meeting. In support of a charged student’s right to appeal the outcome of a judicial board hearing, an audio recording of the hearing, other than private judicial board deliberations, is made by the hearing panel for subsequent reference by the resolver of an appeal request, if needed (see “Appeal Procedures“).
Last updated 8/4/2022.
