Members of the University Student Conduct System
Process for Handling Alleged Violations of UMW’s Code of Conduct
Interim Suspension Prior to Adjudication
Compliance with the Student Conduct Process
Failure to Comply
The student conduct system, which adjudicates alleged violations of UMW’s Code of Conduct, consists of the Office of Student Conduct and Community Responsibility, the Student Conduct Review Board, Office of Residence Life & Housing, Office of Transfer and Off-Campus Student Services, the Dean of Student Life, the Vice President for Student Affairs, and the President of the University. Members of the student conduct system treat all students with fairness, impartiality, and appropriate confidentiality. Members of the student conduct system uphold institutional regulations in their conduct and perform their duties in an exemplary manner.
The Code of Conduct is a set of guidelines for how University of Mary Washington students are expected to conduct themselves. Although it is based partly on federal and state laws, its intention is to promote student success, learning and personal wellness. For example, students who create a late-night disturbance in their residence halls can have a negative impact on other students’ ability to do well on a test the following day. Therefore, the Code of Conduct prohibits violating quiet or courtesy hours in the residence halls, and disorderly conduct. Also, students who use illegal drugs, in addition to possibly having a negative impact on their peers, may be compromising their own safety, health, and potential for academic success. Therefore, the Code of Conduct prohibits the possession and use of illegal drugs.
There are three levels of Code of Conduct violations.
1) Alleged Level I violations are adjudicated by the Director of the Office of Student Conduct and Responsibility (OSCAR), or by the Associate Coordinator of Student Conduct.
2) Alleged Level II violations are adjudicated by Residence Life Area Coordinators.
3) Alleged Level III violations are adjudicated by the Student Conduct Review Board (SCRB).
If, in the same incident, a student is charged with multiple Code of Conduct violations corresponding to both Levels II and III, the alleged violations will be adjudicated by a Residence Life Area Coordinator. If, in the same incident, a student is charged with multiple Code of Conduct Violations corresponding to either Levels I and II, or Levels I and III, the alleged violations will be adjudicated by the Director of OSCAR, or by the Associate Coordinator of Student Conduct. At his or her discretion, the Director of OSCAR or the Associate Coordinator of Student Conduct may adjudicate any alleged Level II or Level III violation, even if there is no alleged Level I violation. This may happen if the student has had prior violations, or if the reported conduct is of a more serious nature. For example, this also may happen if the incident did not occur in a residence hall.
Any Level I, Level II, or Level III incident that involves a commuter student, or that is reported to have occurred off campus, may be adjudicated by the Director of Transfer and Off-Campus Student Services.
In any conduct hearing related to alleged violations of the Code of Conduct, students are guaranteed specific rights throughout the process, and they also have specific responsibilities. These are detailed below. The purpose of conduct hearings is not to determine whether or not a student violated the law, but whether or not a student violated the Code of Conduct.
Alleged violations of individual or community rights may be reported and/or documented by any member of the community. Incident reports are completed and routed to the appropriate disciplinary process as outlined elsewhere in this section. A documentation template is available online. Each disciplinary situation is handled on a case-by-case basis. Students will be notified of their charges prior to their being asked to attend a hearing. The standard of evidence used in all Code of Conduct hearings is preponderance of evidence (see “Student Conduct Process Rights and Responsibilities”).
UMW may adjudicate all conduct violations by enrolled students or by degree-seeking students, regardless of their enrollment status, that occur on campus, at a UMW-sponsored event, or in UMW-leased or controlled properties.
Students may voluntarily withdraw from the University after having been charged with a Code of Conduct violation, and prior to completion of the conduct process (i.e., prior to being found responsible or not responsible for the charge(s), prior to issuance or completion of a conduct sanction, or prior to the completion of appeal process). However, if students who withdraw wish to re-enroll, the conduct process will need to be completed either before or after their return to the University.
Violations of civil or criminal law are subject to University adjudication in cases where the interests of the University may be affected (as judged by proper authorities to be the case). Participants in this decision may include the Director of Student Conduct and Responsibility, the Dean of Student Life, and/or the Vice President for Student Affairs (or designee).
OSCAR is committed to assisting accused students throughout the conduct process, and students in need of further information related to the charges, or to the conduct process in general, are invited to meet with the Director or the Associate Coordinator.
Adjudication of Off-Campus Incidents
Students are expected to adhere to the Code of Conduct both on and off campus. The conduct of UMW students away from campus has an impact not just on those students involved, but also on UMW peers and on members of the greater Fredericksburg community. Holding students accountable, through the conduct system, for off-campus conduct (particularly when it results in arrest or citation) is a standard process in higher education resulting in positive learning outcomes for students and favorable town-gown relationships. UMW’s conduct process is an educational tool to support student learning and is intended to perpetuate life skills and citizenship through accountability.
The University may choose to adjudicate any misconduct that implicates the interests of the University or jeopardizes the health and safety of the campus community. UMW may choose to adjudicate off-campus violations that occur in any program for which students receive UMW academic credit regardless of their UMW enrollment status at the time. UMW may also choose to adjudicate off-campus violations by any degree-seeking students regardless of their enrollment status at the time the violation occurred. Participants in the decision to adjudicate may include the Director of Student Conduct and Responsibility, Dean of Student Life, or the Vice President for Student Affairs.
UMW will adjudicate off-campus violations when the conduct has an equivalent in the Code of Conduct. For example, if a student is arrested or cited for being “drunk in public,” he or she could be charged with violating UMW’s policy related to alcohol intoxication. If a student is charged with public urination, he or she could be charged with violating UMW’s policy related to disorderly conduct. This information will typically come to the University through official police communication. The incident will be adjudicated by an administrator or by the Student Conduct Review Board as noted in the conduct hearing procedures.
The University may, notwithstanding the location of the offense, suspend a student on an interim basis for any alleged major violation of state or federal criminal law or university policy which the Dean of Student Life, Director of Student Conduct and Responsibility, or designee finds would jeopardize the safety and security of the campus community. The student shall have the right to appeal the interim suspension, and the appeal will be heard by the Vice President for Student Affairs.
Threat/Danger to individual students and the University community
In cases involving student-to-student behavior which is considered violent, harassing, or threatening, the Dean of Student Life or designee may issue a “no contact” order to the students involved. The purpose of these orders is to limit contact and communication (direct and indirect) between the students prior to any conduct action being taken. “No contact” orders may be extended indefinitely at the discretion of the Dean or designee, or as a sanction. The Dean or designee also may immediately relocate a student within the residence hall system, or immediately suspend a student from the residence halls, from specific areas of the University, or from the entire University pending conduct or criminal proceedings. Relocations and interim suspensions are enacted when the student’s continued presence is reasonably believed to pose a substantial threat to him/herself, to the safety and well-being of any member of the University community, to the preservation of property, or to the normal operations of the University.
Compliance with Student Conduct Process
Abuse of the student conduct system including, but not limited to:
1. Failure to obey the summons of a conduct body or University official.
2. Attempting to discourage an individual’s proper participation in or use of the conduct system.
3. Attempting to influence the impartiality of a member of a conduct body prior to, and/or during the course of, the conduct proceeding.
4. Harassment and/or intimidation of a member of a conduct body prior to, during, and/or after a conduct proceeding.
5. Failure to comply with a sanction imposed by the conduct system.
6. Influencing, or attempting to influence, another person to commit an abuse of the conduct system.
Failure to comply with directives of a University official who is attempting to enforce the policies and procedures of the University. University officials include, but are not limited to, the following:
University Administrators University Police Honor Council
Residence Life Staff Faculty Student Conduct Review Board (SCRB)