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Students are required to maintain correct address information in their Student Information system account. Within 48 hours of a change of address students must go to their SIS Self Service account and record any changes of permanent (home) or present (local) mailing addresses.Students bear the full responsibility for any consequences resulting from official University communications misdirected or not received because of an incorrect address.
To facilitate a productive academic and residential environment, outside amplified music or other sound on University-owned, operated, or regulated property is strictly limited and requires the permission of the Office of the Dean of Students. For more information contact the Event Planning Office at Newcomb Hall (434-924-3203).
The University encourages civility and mutual respect among all members of the community. Any student who believes he or she has been the target of bias may file a complaint through the “Just Report It” incident reporting system. The website provides complete details, including U.Va.’s definition of “bias complaint,” what to expect in response from the University when such a complaint is reported, how to preserve evidence, and what resources and support are available. Complaints can be filed online, over the telephone or in person. See www.virginia.edu/justreportit.
The University of Virginia, in support of its Security Policy to maintain a safe and secure atmosphere for the community of students, faculty, staff and visitors to the Grounds, is committed to establishing an environment that encourages the proper use and parking of bicycles on the Grounds.
Encouraging the use of bicycles by members of the University community underscores the value of biking as an environmentally sound mode of transportation as well as the need to educate persons about the rights of those on bicycles. At the same time, the University must maintain a safe environment for pedestrians approaching, entering and utilizing buildings on the Grounds. It is important that bicyclists ride safely on sidewalks where permitted, and use bicycle racks for parking to ensure that their bicycles do not impede passage into or from buildings in emergency situations. It is also important that bicycles not be locked to railings constructed for persons with disabilities or locked to trees, bushes, or crowd control chains/fences in order to avoid damage to the Grounds.
Procedures Given that bicycles are a form of transportation, the Department of Parking and Transportation is responsible for the issuance and administration of University bicycle regulations governing appropriate use and storage of bicycles.
The University Police Department provides an opportunity for individuals to voluntarily register their bicycles as a passive anti-theft device.
An active University Cycling Club together with the Charlottesville Bike Club provide a pamphlet containing a bicycle map of the Grounds and pertinent safety suggestions.
Complaints and Grievances
Students who have a grievance relating to a faculty member, department chair, or dean should consult the academic grievance procedure.
Students who believe he or she has been the target of bias should consult the bias reporting procedure.
Students who believe he or she has been subjected to discrimination or harassment on the basis of age, color, disability, marital status, national or ethnic origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, veteran status, or family medical or genetic information should consult the Equal Opportunity Programs (EOP) complaint procedures.
Students who have a grievance concerning University personnel or regulations in the area of student affairs should consult the (non-academic) grievance procedure.
Students who have a complaint concerning sexual misconduct should consult the sexual misconduct procedure.
Students or prospective students who have complaints against the University, that are not resolved at the institutional level, may contact the following organizations:
For unresolved complaints concerning University compliance with accrediting standards, contact the Southern Association of Colleges and School (SACSCOC) at (404)-679-4500. The SACSCOC “Complaint Procedures Against the Commission or its Accredited Institutions” may be found at www.sacscoc.org/pdf/081705/complaintpolicy.pdf.
For unresolved complaints concerning a condition or incident involving the University, contact the State Council of Higher Education for Virginia (SCHEV) at (804) 371-2285. The SCHEV student complaint process may be found at www.schev.edu/students/studentcomplaint.asp.
Effective July 1, 2012, the Commonwealth of Virginia will establish the Office of the State Inspector General which will be charged with receiving complaints alleging fraud, waste, abuse, or corruption by a state agency. When the Office of the State Inspector General is operational, contact information will be added to this notice.
Computer Usage Policy
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This policy applies to all computing and communications facilities and equipment purchased or leased with University funds. This policy is also known as the “Ethics in Computer Usage” Policy.
Everyone within the University of Virginia community who uses University computing and communications facilities has the responsibility to use them in an ethical, professional and legal manner. This means that users agree to abide by the following conditions:
* The integrity of the systems must be respected. This means that users of systems will not divulge passwords, PINs, private keys, or similar elements to anyone else, and they will not exploit sessions left open or otherwise misappropriate or steal the “identity” of another user.
* Privacy of other users must not be intruded upon at any time.
* Users must recognize that certain data are confidential and must limit their access to such data to uses in direct performance of their duties.
* The rules and regulations governing the use of facilities and equipment must be respected. Persons responsible for computing devices connected to the network will ensure that those devices are maintained in a secure state in accord with related policy.
* No one shall obtain unauthorized access to other users’ accounts and files.
* The intended use of all accounts, typically for university research, instruction and administrative purposes, must be respected.
* Commercial use is prohibited.
* Users shall become familiar with and abide by the guidelines for appropriate usage for the systems and networks that they access.
Access to University computing and communications equipment and facilities may be revoked for reasons including, but not limited to, attacking the security of the system, modifying, deleting, or divulging private information such as file or mail contents of other users without their consent, modifying or destroying University data, or using the national networks in a manner contrary to the established guidelines.
If abuse of computer systems occurs, those responsible for such abuse are held accountable and may be subject to disciplinary action. Report any abuse of computer systems and resources to firstname.lastname@example.org.
Responsibility For Accounts Each University user is responsible for the activity of all computing accounts in his or her name. No user should ever give access to his or her accounts to another person. All users should take appropriate precautions to ensure no one else uses their accounts.
Confidentiality of Electronic Messages and Files Except in specific circumstances, the content of the electronic communications and files associated with computer accounts will be treated as confidential by the University because it does not routinely examine or monitor such content. Be aware, however, that electronic communications and files can sometimes be records that are subject to review with sufficient justification. They may be subject to the Virginia Freedom of Information Act if they were produced, collected, received or retained in pursuance of law or in connection with the transaction of public business (rarely the case with student e-mail). They may lose whatever confidentiality they have if their release is compelled by orders issued through courts of law. Also, officials overseeing the University’s disciplinary processes may rule that electronic communications and files are evidence that may be reviewed as part of investigations. Under these circumstances, the privacy of e-mail and other files is not guaranteed. Computer system administrators, however, must follow certain approval requirements when dealing with requests for individual-account log or content information from persons other than the account holder.
Confidentiality of Student Records
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Students attending, or who have attended, the University of Virginia are given certain rights under the Family Educational Rights and Privacy Act of 1974 as amended (20 U.S.C. 1232g) and Rules of the Department of Education (34 C.F.R. Part 99) implementing this Act.
Student rights under the Act and Rules may be summarized as follows:
- To inspect and review the content of the student’s education records. The University shall comply with a request for access to records within a reasonable period of time, but not more than 45 days after it has received the request;
- To obtain copies of education records upon payment of $0.15 per page, where the failure to provide copies would effectively prevent the student from exercising the right to inspect and review the education records;
- To receive a response from the University to reasonable requests for explanation of those records;
- To obtain an opportunity for a hearing to challenge the content of those records;
- To receive confidential treatment by the University of education records; neither such records, nor personally identifiable information contained therein, except for directory information, shall be released without student permission to anyone other than those parties specifically authorized by the Act;
- To refuse to permit the release of their directory information;
- To file complaints with the Family Policy Compliance Office (FPCO) of the Department of Education concerning alleged failures by the University to comply with the requirements of the Acts and Rules:
Family Policy Compliance Office
United States Department of Education
400 Maryland Ave., S.W.
Washington, DC 20202-5920
- To exercise all rights on the student’s own behalf, regardless of the student’s status as a dependent upon parents.
The University has adopted policy and procedures to protect the privacy rights of the past and present students. The policy and procedures describe:
- The types of education records maintained by the University;
- The titles and addresses of the University officials responsible for those records;
- The procedures controlling the inspection and review of education records;
- The procedures controlling the correction of education records, including a request to amend and to have a hearing;
- The procedures controlling the recording of each request for and each disclosure of personally identifiable information from the education records of a student; and
- The individuals and organizations who have access to a student’s education records without the student’s prior written consent.
Consent is not required where the disclosure is to school officials within the University who have a legitimate educational interest for the information.
School officials are those individuals who engage in the instructional, supervisory, advisory, administrative, governance, public safety, and support functions of the University. They need not necessarily be paid employees of the University. School officials include:
- Those University students who, pursuant to their duties as officers in officially recognized honor societies, periodicals, and other activities which recognize or encourage superior academic achievement, require personally identifiable information (e.g. grades) from students’ education records to determine the satisfaction of specified eligibility requirements;
- Those University students who, pursuant to their duties as members of official University committees (e.g. scholarship committees), require personally identifiable information from students’ education records;
- Those University students who, pursuant to the authority granted by the Board of Visitors under the terms of the Honor System and the University Judiciary System, require personally identifiable information from a student’s education records to investigate, adjudicate, or advise students involved in an alleged violation of the Honor Code or the Standards of Conduct; and
- A person, company, or agency with whom the University has contracted to provide services that the University itself would provide otherwise.
In order for a school official to have a legitimate educational interest, he or she must require the student’s education records in the course of performing his or her duties for the University.
Copies of the University’s policy and procedures are available upon request at UREG (Office of the University Registrar) or on the web at: http://uvapolicy.virginia.edu/policy/STU-002.
The University may disclose personally identifiable information designated as directory information from a student’s education records without a student’s prior written consent, unless the student informs UREG (Office of the University Registrar) that they wish to restrict the release of their directory information. A student must so inform UREG (Office of the University Registrar) in writing within ten class days after the initial day of class for a fall semester in order to be excluded from the University’s printed directory.
Directory information consists of:
- student name;
- home and school addresses, telephone numbers;
- e-mail address;
- U.Va. computing ID;
- date of birth*;
- place of birth;
- country of citizenship;
- major field of study;
- school of enrollment;
- location of attendance;
- full/part-time status;
- level (graduate, undergraduate, etc) and year in school;
- participation in officially-recognized activities and sports;
- weight and height of the members of athletic teams;
- dates of attendance;
- candidacy for degree;
- degrees, honors, scholarships, and awards received;
- most recent previous educational agency or institution attended;
- names of parents or guardians;
- any unique identifying number created for the purpose of compiling, releasing, or transmitting directory information.
- and photographic images of the student *
*It is the practice of the University to not release a student’s date of birth except as required by law or as a validation of positive identification of a student when furnished by a person making an inquiry. Further, it is the practice of the University not to release a student’s photo created through the ID card process.
Conflict of Interest: Personal Relationships Between Faculty and Students
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As a matter of sound judgment and professional ethics, faculty members have a responsibility to avoid any apparent or actual conflict between their professional responsibilities and personal interests in terms of their dealings or relationships with students. It is the responsibility of faculty members to avoid being placed in a position of authority—by virtue of their specific teaching, research, or administrative assignments—over their spouses or other immediate family members who are students at the University. It is also the responsibility of faculty members to avoid engaging in sexual relationships with or making sexual overtures to students over whom they are in a position of authority by virtue of their specific teaching, research, or administrative assignments. (NOTE: In this context, the term “faculty members” broadly includes all full-time and part-time University personnel who hold positions on the academic or general faculty, as well as all graduate teaching assistants, graders, and coaches.)
These professional constraints derive from AAUP ethical standards and the University’s policy prohibiting conflict of interests, in order to ensure that the evaluation of students is conducted fairly and without any perception of favoritism or bias. Perhaps less obvious, but equally compelling, is the interest in avoiding potential harm to students as well as the liability that could occur, for example, if facts regarding a sexual relationship or sexual overture are demonstrated that support a legal claim of sexual harassment by either party. To read the full Conflict of Interest Policy, see www.virginia.edu/provost/conflict.html. A student with questions or concerns about a faculty member’s compliance with this policy may contact the Office of the Dean of Students (924-7133) for more information on how to proceed.
It is the policy of the University to respect the copyright protections given by federal law to owners of intellectual property, including books, journals, music, art, multi-media materials, digital materials and software (“Copyright-Protected Materials”). It is against University policy for faculty, staff, or students to use University equipment, services, or facilities to access, use, copy, reproduce, distribute, or display Copyright-Protected Materials except as permitted under copyright law. Application of the legal principle of “fair use” or other exemptions under the Copyright Act (Title 17 U.S.C.) which protect many teaching and learning activities; obtaining the permission of the copyright holder; or receiving a license to use Copyright-Protected Materials; are ways to address the federal copyright requirements. It is the individual responsibility of faculty, staff and students to comply with this policy.
The software provided through the University for use by faculty, staff, and students may be used only on computing equipment as specified in the various software licenses.
Special requirements apply to public performance of motion pictures and videos. Federal law grants the copyright owner the exclusive right to perform motion pictures in any “place open to the public or at any place where a substantial number of persons outside a normal circle of a family and its social acquaintances is gathered.” (United States Code, Title 17, Section 101). The legislative history of the Act clearly states that performances in “semipublic” places such as clubs and schools are considered “public performances” subject to special licensing requirements, whether or not admission is charged. Students should be aware that dormitories, fraternities and sororities may also be “semipublic” places. Further information regarding the showing of video recordings can be obtained by contacting the Reservations Office on the fourth floor of Newcomb Hall (434) 924-3203.
Under federal law, violations of copyright law may result in civil and criminal penalties, including imprisonment. The University regards violation of its policy as a serious matter. Any such violation is without its consent and is subject to appropriate disciplinary action or sanction ranging from loss of access to the relevant University services or property (including computing privileges) to dismissal or removal from the University as determined by applicable employment or student disciplinary policies. For other policies related to computer use, consult www.itc.virginia.edu/policy.
Discriminatory Harassment Policy
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Policy As an employer and institution of higher learning, the University seeks to discharge its legal responsibilities and serve its diverse and talented community through fair and responsible application of this policy. This policy does not allow curtailment or censorship of constitutionally protected expression, nor does it attempt to address behaviors that do not constitute discriminatory harassment. Offensive workplace behavior that does not violate this policy should be addressed by the appropriate supervisor or office.
Definition Discriminatory harassment is contrary to University policy and may also be illegal. The University defines discriminatory harassment as:
- Conduct that conditions a person’s employment, enrollment as a student, or participation in University activities on that person’s age, color, disability, sex (including pregnancy), national or ethnic origin, political affiliation, race, religion, sexual orientation, or veteran status, unless otherwise permitted or required by applicable law; or
- Employment or academic decisions made in retaliation for a person’s unwillingness to submit to such conduct, or benefits or privileges provided as a result of such submission; or
- Conduct of any type (oral, written, graphic or physical) directed against a person because of his or her age, color, disability, sex (including pregnancy), national or ethnic origin, political affiliation, race, religion, sexual orientation, veteran status, or participation in a University, state, or federal discrimination investigation AND which also unreasonably interferes with the person’s work or academic performance or participation in University activities, or creates a working or learning environment that a reasonable person would find threatening or intimidating.
A person must be in a position of authority to act on behalf of the University (for example, a supervisor with respect to an employee, or a faculty member with respect to a student) for parts 1 or 2 above to be applicable. Part 3, however, does not require that a person misuse University-delegated authority, and applies whenever such conduct by any person while on University Grounds or during University activities interferes with work or academic performance or participation in University activities, or creates a working or learning environment that would be threatening or intimidating to any reasonable person under the same circumstances.
Nothing herein overrides existing University policy, or circumscribes the authority of the University to establish policy that is not otherwise contrary to law.
Responding To Harassment If you believe you are experiencing treatment that violates this policy, you may take the following steps:
- If possible, clearly tell the harasser to stop. Make a note of what happened, what you did, and when.
- If you cannot or do not wish to confront the harasser, or your efforts did not stop the conduct, you may contact your supervisor, the department chair, or a faculty advisor.
- You may also contact the Office of Equal Opportunity Programs (EOP) at any time whether or not you have taken the above steps. EOP is the University office responsible for receiving and addressing discriminatory harassment complaints. You may seek informal help or information from EOP, or you may file a formal complaint. Information on the complaint process is provided below.
- Regardless of whether you have done any of the above, you may contact a state or federal office authorized to receive complaints of discrimination. EOP can provide information on how to contact these offices.
Note: The University maintains a fair and responsive method for reporting and addressing complaints of discrimination, but your assistance is critical to helping the University learn of and address problem behavior.
Supervisor Responsibilities Supervisors are responsible for communicating the University’s policy on discriminatory harassment to employees, and for taking action when they observe or hear of incidents that may violate this Policy. A supervisor must:
- Be receptive and open to concerns of harassment. Know and be able to explain the University’s policy and employees’ or students’ options.
- Take action suitable to the circumstances, which may include among other things, talking to persons involved or witnesses, examining other evidence, or arranging for training.
- Contact EOP for assistance or to refer matters that have not been resolved.
- Make sure that persons who have raised concerns of discriminatory harassment in good faith are not subject to retaliation.
- Monitor situations that have been addressed, and follow-up if necessary.
Note: Supervisors who do not appropriately handle reports or incidents of discriminatory harassment, or do not refer them to EOP, will be subject to disciplinary action.
U.Va.’s Formal Complaint Process Formal complaints of discriminatory harassment may be filed with the Office of Equal Opportunity Programs. EOP’s procedures for processing harassment complaints are described in the brochure entitled “Discrimination Complaint Procedures”, which is also available on EOP’s web site, www.virginia.edu/eop.
EOP requires that complaints be in writing and made within 300 days of the last allegedly discriminatory action, but both requirements may be waived at EOP’s discretion under appropriate circumstances. EOP will:
- Respond to every complaint of discriminatory harassment;
- If investigations are conducted, act impartially considering the interests of all parties;
- To the extent practicable, protect the privacy of all parties and the confidential nature of the complaint, and
- In the case of formal complaints that are not resolved through negotiation, issue a report to both parties and the relevant Vice President containing findings and conclusions, and recommending appropriate actions depending upon the circumstances.
Discriminatory harassment of students by other students is addressed by certain provisions of the Standards of Conduct administered by the University Judiciary Committee, and, therefore, student-on-student discriminatory harassment complaints may be brought to the Judiciary Committee without first going through EOP. EOP may refer complaints of student-on-student discriminatory harassment to the Judiciary Committee if an EOP investigation concludes that Judiciary Committee action is warranted.
Remedies If it is determined that discriminatory harassment is occurring or has occurred, the University may take any or all of the following actions: making sure that the discriminatory conduct stops; imposing disciplinary action up to and including termination of employment or dismissal from the University; other corrective action such as counseling or training; and steps such as reinstatement, hiring, reassignment, promotion, training, back pay or other benefits as are necessary.
Training and Education Education and training are fundamental to maintaining an environment free of discriminatory harassment. Managers, supervisors, deans, directors, and department heads are responsible for informing employees who are under their direction or supervision of this Policy. Student affairs administrators are responsible for providing this information to the student body.
EOP is responsible for providing educational and training programs to assist members of the University community in understanding what discriminatory harassment is and is not, and how to address behavior that violates this Policy. Specifically, EOP will distribute copies of this Policy to all schools, departments, and programs at the University, and will give workshops and seminars on this subject. EOP will maintain a brochure that explains in simple, understandable terms the University’s policy and procedures concerning discriminatory harassment, and will place copies of the brochure in EOP’s offices and at other offices to which persons are likely to go for counseling and advice regarding discriminatory harassment.
Questions about this Policy should be directed to EOP.
Dogs Running at Large
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Section 4-213A1, Albemarle County Ordinance, effective July 19, 1973 states that it shall be unlawful for the owner of any dog to permit such dog to run at large on the University of Virginia Grounds lying within Albemarle County. Pursuant to this ordinance, a dog shall be deemed to run at large while roaming, running, or self-hunting off the property of its owner or custodian and not under its owner’s or custodian’s immediate control. Paragraph two of the University of Virginia Dog Leash Regulations of July 1, 1973 was amended, effective October 31, 1974 to preclude the tying, chaining or otherwise restraining a dog to any tree, bush, shrub or other vegetation, post, step or other fixed structure on the Grounds of the University. Any person who permits his or her dog to run at large shall be deemed to have violated the provisions of the ordinance and upon conviction shall be fined at the discretion of the judge trying the case. Dogs found running at large that are picked up by animal control officers will normally be deposited at the local Society for the Prevention of Cruelty to Animals pound to await identification by the claimant.
E-mail as Official Means of University Communications with Students
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E-mail is the official means for communication with every University student regardless of year or enrollment status. The University will send official communications to enrolled students by e-mail using their primary e-mail addresses. Students are expected to receive and read those communications in a timely fashion.
1. Assignment of Student’s Primary E-mail Addresses
Information Technology Services (ITS) assigns each enrolled student a primary e-mail address. The University will list a student’s primary e-mail address in the University’s Directory.
2. Redirecting of E-mail
Students may use the U.Va. E-mail Address Management System (found at www.its.virginia.edu/email/ams) to specify the e-mail service to which messages sent to their primary e-mail address will be delivered. In making these delivery choices, students are responsible for selecting the e-mail service(s) they most frequently use to ensure they receive and read official University communications in a timely manner.
3. Expectations Regarding Student Use of E-mail
Students are expected to check their official e-mail addresses on a frequent and consistent basis to remain informed of University communications, as certain communications may be time sensitive. Students who fail to check their e-mail on a regular basis are responsible for any resulting consequences.
4. Educational Uses of E-mail
Faculty will determine how e-mail or other means of electronic communication will be used in their classes. Faculty can expect students to read messages sent to their primary e-mail addresses in a timely manner.
5. Appropriate Use of E-mail
a. E-mail must not be used to communicate highly sensitive data as defined in the University’s Electronic Storage of Highly Sensitive Data Policy, found at http://uvapolicy.virginia.edu/policy/IRM-015.
b. E-mails must comply with relevant federal and state laws, as well as University policies, including those governing public computing resources, security considerations, and ethics in computing. See the Related Information section for key law and policy references.
c. E-mail shall not be the sole method for notification where another method of communication is required by law.
Official Communication is defined as communications that include content related to a student’s enrollment, financial responsibilities, and compliance with University policies and procedures, including the Student Standards of Conduct.
Primary E-mail Address is the address to which the University sends official e-mail notifications. These addresses are created for students within a few days of the University receiving their admission deposits. They are formatted as U.Va. computing ID @virginia.edu (e.g., email@example.com).
Equal Opportunity Programs (EOP) Complaint Procedures
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As an employer and institution of higher learning, the University seeks to discharge its legal responsibilities and serve its diverse and talented community through fair and responsible application of its Preventing and Addressing Discrimination and Harassment Policy. Accordingly, the University will not tolerate in the workplace, academic setting or in its programs or activities discrimination or harassment on the basis of age, color, disability, marital status, national or ethnic origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, veteran status or family medical or genetic information. Additionally, through its Preventing and Addressing Retaliation Policy, the University prohibits retaliation against any University employee or student who, in good faith (holding a genuine belief in the truth of one’s allegations), complains of discrimination and/or harassment or who participates in EOP’s complaint process.
These Policies are intended to be consistent with University policy and federal and state laws, including, but not limited to, Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Title IX of the Education Amendments of 1972, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and the Virginia Human Rights Act.
EOP is responsible for enforcing these Policies on behalf of the University through the EOP Complaint Procedures (Procedures). Both informal and formal complaint procedures are available and EOP can help you to determine which course of action to take. You may choose to follow either or both procedures. You are not required to follow the informal procedures before filing a formal complaint.
I. Informal Procedures. Though not required, employees and students are encouraged to attempt initially to resolve complaints at the lowest level through the administrative structure of the employment unit or academic department. Supervisors or administrators, including faculty, always should contact EOP before attempting to resolve any complaints.
A. One-on-One Communication
1. If you feel comfortable dealing with the situation without the direct involvement of a third party, you can communicate directly with the person whose behavior is unwelcome.
2. It is appropriate to use face-to-face, individual communication only when you do not feel threatened, there is no risk of physical harm and you believe the other person will be receptive.
3. E-mail is the preferred method of communication. If you choose to communicate face-to-face, you also should send an e-mail, if possible. Keep copies of any written communication.
4. The communication should include:
a) A factual description of the incident(s) including date, time, place, witnesses and a description of the specific unwelcome behavior.
b) A description of any consequences you may have suffered due to the unwelcome behavior.
c) A request that the unwelcome behavior cease.
5. If you do not feel comfortable with individual communication or you believe the communication was not successful, you should consider other informal or formal procedures, as outlined below.
B. Communication with the Assistance of a Third Party
1. If you would like to proceed informally, but with the assistance of someone else, you may ask one of the following individuals or offices to intervene:
a) Your supervisor or the other person’s supervisor;
b) The Human Resources Director for your department and/or the other person’s department (if different);
c) The University Human Resources Office of Faculty and Staff Employee Relations (Academic) or the Health System Human Resources Office of Employee Relations (Medical Center);
d) The Office of Equal Opportunity Programs; or
e) *University Ombudsman.
NOTE: If the alleged behavior is severe or there is threat of imminent harm, these offices or individuals may have to take further action.
*Contacting the Ombudsman does not constitute official notice being made to the University.
2. Do not rely upon other co-workers or individuals who are not familiar with University policy to intervene on your behalf when discussing your concerns with the person whose behavior is unwelcome and/or offensive.
1. Mediation consists of facilitated discussion conducted with the assistance of a trained third party. It is designed to help the parties to reach a mutually agreeable resolution of a dispute.
2. Mediation may be appropriate when:
a) the parties wish to continue to work together;
b) the facts are not disputed, but the behavior was perceived as unwelcome and/or offensive;
c) no one has been physically harmed;
d) the complaining party is able to articulate a desired outcome; and
e) the parties are committed to resolving their dispute and not “winning” an argument.
3. More information about the mediation process may be obtained at: www.virginia.edu/mediation.
II. Formal Procedures. You may initiate formal complaint procedures by filing a complaint with EOP whether or not you have attempted resolution through informal procedures. The individual who files the complaint is referred to as the “Complainant”. The individual against whom the complaint is filed is referred to as the “Respondent”. Collectively, these individuals are referred to as the “Parties”.
A. Filing a Complaint with EOP. EOP responds to complaints in accordance with the procedures outlined below. However, there may be exceptional circumstances which justify a departure from these procedures, and should such circumstances arise, EOP will advise the Parties as soon as possible.
1. A complaint may be filed with EOP by any Academic Division, Medical Center or College at Wise present or former employee, student or applicant for admission or employment or any other participant in the University’s programs or activities who believes that (s)he has been unlawfully discriminated against or harassed on the basis of age, color, disability, national or ethnic origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, veteran status, or family medical or genetic information, or who believes that (s)he has been retaliated against for reporting discrimination or harassment or for assisting or participating in a complaint investigation.
2. Complaints of sexual misconduct (including sexual harassment, sexual violence, and sexual assault) by a University student against another University student should be reported to the Dean of Students (by phone 434-924-7429 or 434-924-7133, by email DeanofStudents@virginia.edu, or in person at the Office of the Dean of Students, Peabody Hall, Second Floor). Student sexual misconduct complaints are addressed by the University’s Student Sexual Misconduct Board and are governed by the “Policy and Procedures for Cases of Student Sexual Misconduct,” a copy of which may be found at www.virginia.edu/sexualviolence.
3. Complaints to EOP must be in writing and filed with EOP within 300 days of the most recent alleged discriminatory, harassing and/or retaliatory act. In certain circumstances, at the discretion of EOP, complaints filed outside of the 300-day timeframe and/or that are not in writing may be investigated informally. In addition, all other time limits set forth in these procedures may be extended by EOP for good cause. The Complainant also may file a formal charge of discrimination, harassment and/or retaliation with a state or federal agency authorized by law to receive such complaints.
4. When filing a complaint, EOP strongly encourages the use of its Complaint Form which can be found at http://www.virginia.edu/eop/pdfs/EOP_Compliant_Form.pdf. However, EOP also will accept a written document which includes: the Complainant’s name, contact information and signature, a description of the conduct believed to be discriminatory, harassing and/or retaliatory with approximate date(s) when these actions occurred, and the name(s) of the Respondent(s). EOP will accept oral complaints ONLY when made in-person to EOP. EOP reserves the right not to accept complaints which are unsigned, transmitted via telephone only and/or lacking sufficient information.
5. Complaints should be directed to the Office of Equal Opportunity Programs, Washington Hall, East Range, P.O. Box 400219, Charlottesville, Virginia, 22904-4219, phone (434) 924-3200, fax (434) 924-1313.
B. Receipt of a Complaint
1. Upon receipt of a written complaint, if EOP has not previously spoken with the Complainant, EOP will meet with the Complainant within five (5) working days to review EOP’s complaint procedures, discuss the Complainant’s allegations, and determine, if appropriate, whether the Complainant is amenable to resolving the complaint through one or more of the informal procedures outlined in section I of these Procedures.
2. If the Complainant is willing to first proceed informally, EOP will stay the complaint and contact the Respondent to ascertain his/her willingness to participate in an informal resolution.
3. If the Complainant wishes to proceed directly under EOP’s formal complaint procedures, OR the Respondent declines to participate in an informal resolution, OR attempts to resolve the complaint through one or more of the informal procedures are unsuccessful, EOP will assess the Complainant’s written complaint to determine whether the allegations state a violation of federal or state laws and/or University policies.
C. Acceptance of a Complaint.
1. Within five (5) working days of (1) EOP’s receipt of the complaint; (2) EOP’s initial meeting with the Complainant; or (3) EOP’s determination that an informal resolution of the Complainant’s complaint is no longer feasible - whichever event is later - EOP shall decide whether the written complaint states a potential violation of University policies or federal and state laws and shall notify the Complainant in writing of its decision.
2. If EOP determines that the Complainant’s allegations, if true, do not state a violation of University policies or federal or state laws, the written notice of this decision shall explain why the complaint does not state a violation and may inform the Complainant of other possible avenues of redress, such as contacting the University Ombudsman, if appropriate.
3. If EOP concludes that the allegations of the complaint state a potential violation, EOP will notify the Complainant that it has accepted his/her complaint and within ten (10) days thereafter meet with the Complainant to determine the specific factual allegations upon which the complaint is based, discuss EOP’s complaint procedures, including whether the complaint is suitable for negotiated resolution.
D. Negotiated Resolution. Negotiated resolution is a process by which EOP attempts to resolve complaints quickly and to the satisfaction of all parties without reaching formal findings, while protecting confidentiality to the extent possible. In contrast to mediation, negotiated resolution is undertaken after the filing of a complaint with EOP.
1. If EOP determines that a complaint is suitable for negotiated resolution, then this option will be discussed and offered to the Complainant who will be given five (5) working days to decide whether to exercise this option.
2. If EOP deems the complaint suitable for negotiated resolution and the Complainant opts for negotiated resolution, within ten (10) working days of the Complainant’s decision to proceed with negotiated resolution, EOP will notify the Respondent that (s)he has been named in a complaint and advise him/her of the nature of the allegations. Such notification will provide information regarding EOP’s complaint procedures and will offer the negotiated resolution option to the Respondent who will be given five (5) working days to decide whether to exercise this option.
3. Negotiated resolution should be completed no later than thirty (30) days from the date the Respondent agrees to this process.
4. If EOP deems the complaint unsuitable for negotiated resolution or if either party declines to participate in or to make a decision regarding negotiated resolution, then EOP will conduct an investigation in accordance with the procedures outlined below.
5. At any time during the negotiated resolution process, either party may elect to terminate the process. Upon termination of the process, EOP will investigate the complaint in accordance with the procedures outlined below. EOP reserves the right not to proceed with an investigation if, during negotiated resolution, the Complainant was offered and refused all of the relief to which (s)he would be entitled even if a formal investigation was conducted.
6. Generally, EOP will not involve anyone other than the Complainant and Respondent in the negotiated resolution process. Likewise, the parties will be asked to respect the confidentiality of the process. In some cases, it may be necessary to consult with or otherwise involve other University officials regarding University policies and procedures or available remedies. However, information will be provided solely to these persons on a need-to-know basis.
7. If the complaint is successfully resolved, the parties will sign a “Negotiated Resolution Form” prepared by EOP, setting forth the agreed-upon terms. Upon the parties’ execution of the Negotiated Resolution Form, EOP will destroy all other documents and notes except the original complaint. Copies of the complaint and the Negotiated Resolution Form will be provided to the Complainant and Respondent upon request and maintained by EOP in accordance with University policies and state and federal law.
E. Complaint Investigation. If EOP determines that negotiated resolution is not suitable, or if a negotiated resolution is not agreed to by both parties or is not successful, EOP will conduct an investigation in accordance with the following procedures.
1. The investigation conducted by EOP may include, but is not limited to:
a) Interviewing material witnesses;
b) Reviewing relevant files and records;
c) Comparing the treatment of the Complainant to that of others similarly situated in the department or unit; and/or
d) Reviewing applicable policies and procedures.
2. In addition to the notice provided to the Respondent, at or near the time that the investigation is commenced, EOP will notify the Respondent’s immediate supervisor and a designee within the appropriate Human Resources division that a complaint has been filed. In some cases, EOP may determine that it is necessary to contact other University officials to protect against imminent risk of physical harm or to investigate potential crimes. However, information will be provided strictly on a need-to-know basis.
3. The investigation shall normally be concluded within sixty (60) working days of inception, at which time EOP shall issue a written report to the appropriate Vice President. The report will include findings of fact as well as appropriate recommendations.
4. If EOP concludes that the Complainant’s allegations are substantiated, then the report will recommend, as appropriate, that:
a) A directive be issued to stop any ongoing discriminatory, harassing and/or retaliatory behavior/practice;
b) Disciplinary or other corrective action be taken against the Respondent and/or others; and/or
c) Relief be granted to the Complainant, such as reinstatement, hiring, reassignment, promotion, training, back pay or other compensation and/or benefits.
5. If EOP concludes that the Complainant’s allegations do not establish a violation of EOP policies, but possibly other University policies, then the report may suggest other avenues which the Complainant may pursue to resolve the matter.
6. The Vice President to whom the report is sent may accept or reject the findings and recommendations. The Vice President’s decision with supporting reasons shall be communicated in writing to EOP within ten (10) working days after the Vice President receives the report from EOP unless the Vice President requires additional time for further investigation or other good cause. EOP will communicate the Vice President’s decision to the Complainant and the Respondent within five (5) days of receipt of the decision. This decision is final under these procedures unless another appeal is provided by University policy. The Complainant maintains the right to file a formal charge of discrimination, harassment and/or retaliation with a state or federal agency authorized by law to receive such claims.
7. Disciplinary action up to and including termination may be taken against any person who files a complaint with EOP in bad faith or who maliciously or knowingly files false charges. In cases in which allegations are not substantiated, if appropriate, the University may take reasonable steps to restore the reputation of the Respondent, such as expungement of records and/or notification to all persons who participated in the investigation of the outcome of the complaint.
III. Administrative Review: EOP has the authority to initiate an administrative review of a department or area at any time, in absence of a formal complaint, when in the judgment of the Director, such action is warranted, or when requested by a manager/supervisor/chair, Human Resources/Employee Relations official, or a Vice President or Dean who has become aware of alleged discrimination or harassment in her/his area.
A. Upon commencing an administrative review, EOP will notify the appropriate manager/supervisor/chair, Human Resources/Employee Relations consultant, and the appropriate Vice President.
B. Administrative reviews will include interviewing witnesses and reviewing pertinent documents.
C. Administrative reviews will normally be completed within 60 working days from inception and will result in a written report. The report will be shared with the appropriate Vice President.
D. The same level of confidentiality applicable in complaint investigations will apply to administrative reviews.
For additional information, contact:
Office of Equal Opportunity Programs
Washington Hall, East Range
P.O. Box 400219
Charlottesville, Virginia 22904
Phone: (434) 924-3200
Fax: (434) 924-1313
TDD: (434) 982-4327
Health System Office
West Complex, Room #1221
P.O. Box 800581
Charlottesville, Virginia 22908
Phone: (434) 243-6368
Fax: (434) 243-6345
Revised: May 6, 2011
Food Service Provided by Student Organizations
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Food service on University property provided by student organizations must comply with the guidelines established by the University and Charlottesville/Albemarle County Health Department regulations. This applies to all food distribution regardless of whether the food is offered for sale or provided free of charge.
The University recognizes that for many student organizations food service is used to foster and strengthen the sense of community both within groups and among the broader University community. The University has established guidelines for food service on University property by Contracted Independent Organizations (CIOs) and Fraternal Organization Agreement (FOA) organizations and for all food service by special status organizations. Specifically:
- Student organizations are permitted to serve and/or sell pre-packaged and baked goods (including commercially prepared pizza and unheated deli sandwiches). Note: sale of food is subject to all related sales and solicitation policies and the requirements of the Charlottesville/Albemarle County Health Department.
- Student organizations are permitted to serve and/or sell cooked foods only when the food is prepared by third-party providers holding all licenses and permits required by Albemarle County and the Commonwealth of Virginia and subject to all provisions of the Charlottesville/Albemarle County Health Code.
- Under no circumstance may a student organization prepare cooked food and then sell or distribute it on University property to anyone beyond the membership of the host group, including, but not limited to, the University community or the general public.
- Special Status Organizations are prohibited from preparing cooked food for distribution at any event open to the University community or general public regardless of the location of the event.
- Under no circumstance may any student organization serve non-commercially prepared raw or uncooked meat, fish or poultry in any University facility. All preparation and service of raw or uncooked meat, fish or poultry must be by a licensed third-party vendor in close consultation with the Charlottesville/Albemarle County Health Department.
Student Organization Responsibilities:
When reserving University facilities, student organizations are required to disclose all plans for food service. At the time of disclosure, the Newcomb Event Planning Office staff will determine if review by the Charlottesville/Albemarle County Health Department is required.
The student organization is responsible for verifying that vendors holding required licenses and permits prepare all cooked food. Professionally prepared cooked food can be served (not prepared) by members of the sponsoring organization as long as all provisions of Virginia Food Regulations are followed.
All public food service (to any individuals outside the membership of the sponsoring group) shall be conducted in compliance with provisions of the Virginia Department of Health Food Regulations.
When a sponsoring organization discloses intent to serve food to the individuals outside its general membership, Newcomb Event Planning Office staff will provide the organization contact information for the Charlottesville/Albemarle County Health Department.
The sponsoring organization’s reservation will remain tentative until the Charlottesville/Albemarle County Health Department provides written or e-mail confirmation that the sponsoring organization has complied with all requirements.
It is the responsibility of the sponsoring group to initiate contact with the Charlottesville/Albemarle County Health Department at least two weeks prior to the scheduled event to initiate the process for obtaining all required food service permits and arranging for all required inspections.
Newcomb Event Planning Office staff and University of Virginia Dining Services staff are available to consult with student organizations regarding food service options.
Student organizations who fail to comply with this policy will be subject to all appropriate disciplinary penalties, up to and including revocation of their CIO Agreement, Fraternal Organization Agreement, or designated Special Status.
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Students who have a grievance concerning University personnel or regulations in the area of student affairs may pursue a grievance according to the procedure listed below.
- After discussing the situation with the assigned advisor, a student’s concerns related to a staff member in student affairs that cannot be resolved between the two parties should be discussed with the respective director or dean of the unit on a one-to-one basis;
- Should the concern be related to the director or dean of the unit, the grievance should be filed with the Vice President and Chief Student Affairs Officer;
- In circumstance number 1, if appropriate relief is not forthcoming, the next level of discussion should be with the Vice President and Chief Student Affairs Officer; and
- Should the level of concern relate to the Vice President and Chief Student Affairs Officer, appropriate documentation should be presented in writing to the President of the University.
Hazing is prohibited by state law and University policy including the University’s Standards of Conduct. The University does not condone hazing in any form. The University defines “hazing” as any action taken or situation created by a member(s) of a student organization toward one or more organization members or toward prospective members (as a part of the new member selection process) that occurs on University-owned or leased property or at University-sponsored or supervised functions or at the local residence of any University student, faculty member, or employee, and that is designed to or produces mental or physical harassment, discomfort, or ridicule. Such activities and situations include, but are not limited to, creation of excessive physical or psychological shock, fatigue, stress, injury, or harm. Student organizations and/or individual members found to have engaged in hazing as defined in this statement shall be in violation of University policy and the University’s Standards of Conduct and may also be in violation of state law. The state statute on hazing, Section 18.2-56 of the Virginia Code, states:
“It shall be unlawful to haze so as to cause bodily injury, any student at any school, college, or university.
Any person found guilty thereof shall be guilty of a Class 1 misdemeanor.
Any person receiving bodily injury by hazing shall have a right to sue, civilly, the person or persons guilty thereof, whether adults or infants.
The president or other presiding official of any school, college or university receiving appropriations from the state treasury shall, upon satisfactory proof of the guilt of any student hazing another student, sanction and discipline such student in accordance with the institution’s policies and procedures. The institution’s policies and procedures shall provide for expulsions or other appropriate discipline based on the facts and circumstances of each case. The president or other presiding official of any school, college or university receiving appropriations from the state treasury shall report hazing which causes bodily injury to the attorney for the Commonwealth of the county or city in which such school, college or university is, who shall take such action as he deems appropriate.
For the purposes of this section, “hazing” means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily injury on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity.”
Any violation of Section 18.2-56 shall be deemed a violation of the University’s Standards of Conduct.
The Dean of Students or his or her designee shall inform the National Pan-Hellenic Council, Inter-fraternity Council, the Inter-sorority Council, the Multicultural Greek Council, and all fraternities, sororities, and student organizations who have executed contracts with the University as Fraternal Organizations or as Contracted Independent Organizations of the provisions of Section 18.2-56 of the Code of Virginia and of this University policy.
Anyone with concerns about hazing and the well-being of our students is encouraged to contact the Office of the Dean of Students/Fraternity & Sorority Life directly at firstname.lastname@example.org or 434-924-7430, or call the hazing hotline at 434-243-4293. All information will be handled discreetly and efficiently.
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Ownership of Inventions and Works Created at U.Va. Although the University does not generally make claim to works of authorship or inventions made by students while satisfying course requirements, the University does claim ownership of such works when they are created using significant university resources or during a student’s employment with U.Va. Please consult the University’s Patent Policy and Copyright Policy at www.virginia.edu/uvapolicies or request a printed copy from the Office of the Vice President for Research (924-3606). Students should also check with instructors and advisors about any special departmental policies.
If students have any contractual relationships with a third party that require them to give inventions and works to that party, these obligations might conflict with their obligations under the patent and copyright policies; it is each individual’s responsibility to address any such conflicts with the Office of the Vice President for Research before commencing any research at U.Va. The VPR will work to come to an arrangement with all parties that will govern ownership of inventions and works students might make during their time at U.Va.
If students feel they have made an invention or a valuable work of authorship, the U.Va. Patent Foundation (www.uvapf.org, 924-2175) may be able to provide support and assistance in realizing its commercial value.
Misuse of Student I.D.s at Athletic Events
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The responsibility of having and maintaining a student identification card is a serious one. I.D. cards are given only to bona fide University of Virginia students and represent both verification of an individual’s identity and their affiliation with the University. The cards themselves and the privileges they accord are not transferable, either to another student or to a non-student. The University Judiciary Committee, in consultation with the Intercollegiate Athletics Department, has established procedures for adjudicating cases concerning the misuse of a University identification card in relation to an athletic event.
For further information, please contact the University Judiciary Committee (434-924-7602), the Associate Athletic Director for Facilities (434-982-5022), or the Office of the Dean of Students (434-924-7133, email@example.com).
Open Parties/Dances/Socials Policy and Guidelines
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An open party, dance, or social shall be defined as any event (or part thereof) where the main function or activity involves social interaction of guests, the performance or reproduction of music for the purpose of dancing or enhancing the environment for social interaction. These events may include guests from outside the University of Virginia community.
The purpose of this policy is to identify and implement measures designed to provide a reasonably safe environment for event sponsors and the students attending these activities, and to clarify expectations of all entities involved in managing these events (including, but not limited to, sponsoring organizations, building staff, and University Police).
This policy applies to all University facilities that are available to host open parties, dances, or socials. Certain University facilities may be governed by more specific regulations. Those facility-specific regulations do not supersede this policy but should be considered additions to this policy.
- Eligibility Any recognized student organization at the University of Virginia is eligible to reserve designated space(s) for a party, dance, or similar social event. Reservations can be made by contacting the facility coordinator.
- Attendance Attendance at events defined in this policy is restricted to University of Virginia students, faculty, staff and their guests. Students may gain admittance only with a valid and current U.Va. student I.D.; guests must have a valid picture I.D. in order to be admitted and be registered with the sponsoring orgainization prior to the start of the event.
- Advertising/Event Promotion Advertising or promotion of the event off Grounds (including flyers, handbills, posters, and radio announcements) is prohibited. All advertisements on Grounds must include the following information: “Admission is open to U.Va. students, faculty, and staff only. U.Va. students, faculty, and staff must present a current U.Va. I.D., and register with the sponsoring organization prior to the event. Guests must present a valid picture I.D. for admission.” A copy of the event advertisement may be requested by the facility coordinator.
- Sponsor Responsibility As sponsor/host of the event, the sponsoring organization is responsible and shall be held accountable for ensuring that all policies, guidelines and reasonable expectations relative to properly managing the event are followed. Expectations include, but are not limited to: monitoring of all activities related to the event; effective crowd control; ensuring adherence to policies by all participants/guests; and demonstrated efforts to resolve potential conflicts and immediately report illegal or inappropriate behavior (including persons who are intoxicated) to University Police on duty at the event. Full cooperation from all sponsoring organization(s) members is expected.
- Ending the Event The event end time (up to 1:30 a.m.) must be approved in advance at the time of reservation. Events must end promptly at the approved time. The facility must be cleared of guests and equipment by 2:00 a.m. unless prior approval has been granted. The sponsoring organization shall be responsible for assisting in dispersing students and their guests in a timely manner after the event. The University Police will assist in enforcing this policy.
- Security Requirements University Police are required for these events in all venues, and the number of officers will be determined by the University Police with input from the facility coordinator. Officers shall be hired for the time period of 30 (thirty) minutes prior to the scheduled start of the event and until the crowd has been dispersed after the event has ended. The minimum number of University Police officers will be determined at the discretion of the facility coordinator and the University Police Department. Police personnel will not be responsible for interpreting building and event policies but will assist building staff in enforcing policies as appropriate.
- Costs to the Sponsoring Organization The sponsoring organization shall be responsible for costs as determined by current policies at the respective facility. Please consult the facility coordinator for current costs.
- Event Requirements and Guidelines
Admission - The event shall be open to U.Va. students and their invited guests only. The guest(s) must be registered with the sponsoring organization prior to the event. In order to gain admission to the event, the U.Va. student must present a current U.Va. student I.D., and the guest(s) must present a valid picture I.D. Note: The guest policy applies to the DJ or band members as well and they must be registered with the sponsoring organization. The sponsoring organization must ensure compliance by all persons attending the event, including the DJ and/or band members.
Organization Guest List - The sponsoring organization may invite and sponsor guests. The intent of this provision is to allow the organization the flexibility to invite organization members from neighboring institutions, alumni members, and the like. The organization shall be responsible for the behavior of all individuals on its guest list. Individuals on the organization’s guest list must present a valid picture I.D. and must be signed in by a member of the organization to gain admission. The sponsoring organization must ensure compliance by all persons attending the event, including the DJ and/or band members. Individual facility coordinators may, at their discretion, impose stricter guidelines based on the nature of the event and in an effort to ensure that the event is safe and manageable.
No person will be admitted who is visibly intoxicated or otherwise behaviorally impaired. Alcohol, illegal substances, glass containers, and weapons of any kind are prohibited. Attendees may be subjected to a visual search of person, handbags, or backpacks. Passes to re-enter the event are prohibited. Admissions after 1 a.m. are prohibited.
- Venue Capacities Maximum crowd capacity in the respective venue for the particular event shall be determined in advance by the facility coordinator. Please note that the facility coordinator may lower the maximum crowd capacity by Code, depending on room set-up or other relevant reasons. The designated facility coordinator/building staff will determine the exact number of individuals allowed to enter the facility.
- Exceptions to this Policy The following events or activities may be exempt from these policies and will be handled on a case-by-case basis, subject to the approval of the respective facility coordinator:
- Dances, parties, step shows, or other social events that are hosted by University student organizations and that end no later than 12:00 midnight and for which there is no admission charge.
- Annual balls, formals, or social events that are open to organization members and their guests only.
- Events held at night from Sunday through Thursday.
- Policy Enforcement Sponsoring organization members shall be responsible for following all policies and procedures. If questions or perceived conflicts arise, the direction of building staff, event management staff, and/or the University Police shall be followed. Members of the sponsoring organization are responsible for the behavior of all guests attending the event. Violation of any of these policies may result in sanctions against the organization and/or individuals. Sanctions may include, but are not limited to, referral to the University Judiciary Committee and limitations on future uses of University facilities.
Parental Notification Policy: Alcohol and Other Drugs
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The University strives to educate all students regarding the dangers associated with substance abuse and the improper or illegal use of alcohol or other drugs. In addition, the University intervenes to engage students who may commit alcohol or drug-related infractions or who demonstrate a pattern of substance abuse. In furtherance of its effort to engage students and their families regarding these issues, the University has adopted this Parental Notification Policy pertaining to the illegal or improper use of alcohol or other drugs.
Whenever the Office of the Dean of Students becomes aware that a University of Virginia student has been arrested for an alcohol- or drug-related violation, and the student is a dependent (for federal tax purposes), the Office of the Dean of Students will notify that student’s parent(s) or guardian(s). Violations that trigger notifications under this paragraph include, but are not limited to, driving under the influence, public drunkenness, underage possession of alcohol, and unauthorized possession of controlled substances (illegal drugs).
Furthermore, whenever the Office of the Dean of Students becomes aware that a University of Virginia student has engaged in a pattern of behavior or a severe incident involving the use of alcohol and/or drugs, and the student is a dependent (for federal tax purposes), the Office of the Dean of Students will notify that student’s parent(s) or guardian(s). Violations that trigger notifications under this paragraph include, but are not limited to, frequent or severe episodes of drug use, drunkenness, and/or binge drinking.
The University will make notifications under this policy unless the University, family or other circumstances make such notifications incompatible with the student’s best interests. The University relies on the professional judgment of its faculty and administrators when assessing each student’s situation. Students whose family or other circumstances make notification under this policy inappropriate will be referred immediately to the University’s professional counseling resources.
When making a notification under this policy, time and circumstances permitting, a professional staff member in the Office of the Dean of Students ordinarily will encourage the student to make the initial call to his or her parent(s) or guardian(s). The staff member then will follow-up with a call directly to the student’s parent(s) or guardian(s).
A notification under this policy will be in addition to the intervention and education programs already offered to students when such infractions are brought to the University’s attention. Intervention may include one or more of the following: substance abuse assessment by a trained clinician; psychological assessment by a trained clinician; substance abuse counseling; enrollment in educational programs; and/or sanctions imposed for violations of the University’s Standards of Conduct.
A notification under this policy is authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (“FERPA”), which permits the disclosure of information from education records to parents of dependent students. The University reserves the right in its sole discretion to notify parents of alcohol- or drug-related incidents falling outside this policy to the extent permitted by FERPA or other applicable law.
Parental Notification Policy: Mental Health
In accordance with Virginia state law, Va. Code §23-9.2:3.C, the University of Virginia will notify a parent of any dependent student who receives mental health treatment at the University’s Department of Student Health/Counseling and Psychological Services (CAPS) when there exists a substantial likelihood that, as a result of mental illness, the student will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior or any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs.
CAPS will inform the Dean of Students whenever notification is required in these instances. The Dean of Students or his/her designee will then notify the parent. The notification will typically include, at minimum, (a) a description of the student’s behaviors that merit the notification, and (b) the specific actions the University is taking to address the risks posed by the student’s behaviors.
Parental notification may be withheld in these instances if the student’s treating physician or treating clinical psychologist determines, in the exercise of his/her professional judgment, that notification would be reasonably likely to cause substantial harm to the student or another person.
Preventing and Addressing Discrimination and Harassment
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As an employer and institution of higher learning, the University seeks to discharge its legal responsibilities and serve its diverse and talented community through fair and responsible application of its Preventing and Addressing Discrimination and Harassment Policy. Accordingly, the University will not tolerate in the workplace, academic setting or in its programs or activities, discrimination or harassment based on age, color, race, disability, marital status, national/ethnic origin, religion, veteran status, sex (including pregnancy), political affiliation or family medical or genetic information. This Policy does not allow curtailment or censorship of constitutionally protected expression, nor does it attempt to address behaviors that do not constitute discrimination or harassment. Offensive workplace behavior that does not violate this policy should be addressed by the appropriate supervisor or office.
1. Discrimination is the inequitable treatment by the University of a person based on one or more of that person’s protected characteristics or statuses (age, color, race, disability, marital status, national/ethnic origin, religion, veteran status, sex (including pregnancy), political affiliation or family medical or genetic information), excepting any treatment permitted or required by law.
2. Harassment is unwelcome conduct directed against a person based on one or more of that person’s protected characteristics or statuses (age, color, race, disability, marital status, national/ethnic origin, religion, veteran status, sex (including pregnancy), political affiliation or family medical or genetic information), which is so severe or pervasive that it interferes with an individual’s employment, academic performance or participation in University programs or activities, and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.
Nothing herein overrides existing University policy, or circumscribes the authority of the University to establish policy that is not otherwise contrary to law.
Responding To Discrimination/Harassment
If you believe you are experiencing treatment that violates this Policy, you may take the following steps:
1. If possible, clearly tell the individual(s) responsible to stop. Make a note of what happened, what you did, and when.
2. If you cannot or do not wish to confront the individual(s), or your efforts did not stop the conduct, you may contact your supervisor, the department chair, or a faculty advisor.
3. You may also contact the Office of Equal Opportunity Programs (EOP) at any time, whether or not you have taken the above steps. EOP is the University office responsible for receiving and addressing discrimination and harassment complaints. You may seek informal help or information from EOP, or you may file a formal complaint. Information on the complaint process is provided below.
4. Regardless of whether you have done any of the above, you may contact a state or federal office authorized to receive complaints of discrimination/harassment. EOP can provide information on how to contact these offices.
Note: The University maintains a fair and responsive method for reporting and addressing complaints of discrimination and/or harassment, but your assistance is critical to helping the University learn of and address problem behavior.
Supervisors are responsible for communicating the University’s Preventing and Addressing Discrimination and Harassment Policy to employees, and for taking action when they observe or hear of incidents that may violate this Policy. A supervisor must:
1. Be receptive and open to concerns of discrimination/harassment. Know and be able to explain the University’s Policy and employees’ or students’ options.
2. Take action suitable to the circumstances, which may include among other things, talking to persons involved or witnesses, examining other evidence, or arranging for training.
3. Contact EOP for assistance or to refer matters that have not been resolved.
4. Make sure that persons who have raised concerns of discrimination/ harassment in good faith are not subject to retaliation.
5. Monitor situations that have been addressed and follow-up if necessary.
Note: Supervisors who do not appropriately handle reports or incidents of discrimination/harassment, or do not refer them to EOP, may be subject to disciplinary action.
The University’s Formal Complaint Process
Formal complaints of discrimination/harassment may be filed with the Office of Equal Opportunity Programs. EOP’s procedures for processing discrimination and harassment complaints are available at http://www.virginia.edu/eop/complaint.html.
EOP requires that complaints be made in writing and within 300 days of the last allegedly discriminatory action, but both requirements may be waived at EOP’s discretion and under appropriate circumstances. EOP will:
1. Respond to every complaint of discrimination and/or harassment;
2. If investigations are conducted, act impartially, considering the interests of all parties;
3. To the extent practicable, protect the privacy of all parties and the confidential nature of the complaint; and
4. In the case of formal complaints that are investigated, issue a report to the relevant Vice President containing findings and conclusions, and recommending appropriate actions depending upon the circumstances.
If it is determined that a violation of the University’s Preventing and Addressing Discrimination and Harassment Policy is occurring or has occurred, the University may take any or all of the following actions: making sure that the offending conduct stops; imposing disciplinary action up to and including termination of employment or dismissal from the University; requiring other corrective action such as counseling or training; and implementing remedial actions such as reinstatement, hiring, reassignment, promotion, training, back pay or other benefits as necessary.
The University Preventing and Addressing Retaliation Policy prohibits retaliation against any University employee or student who, in good faith (holding a genuine belief in the truth of one’s allegations), complains of discrimination and/or harassment or who participates in the complaint process.
Training and Education
Education and training are fundamental to maintaining an environment free of discrimination and/or harassment. Managers, supervisors, deans, directors, and department heads are responsible for informing employees who are under their direction or supervision of the University’s Preventing and Addressing Discrimination and Harassment Policy and Preventing and Addressing Retaliation Policy. Student affairs administrators are responsible for providing this information to the student body.
EOP is responsible for providing educational and training programs to assist members of the University community in understanding what constitutes a violation of the University’s Preventing and Addressing Discrimination and Harassment Policy and how to address behavior that violates this Policy. To that end, EOP distributes copies of this Policy to all schools, departments, and programs at the University, and gives workshops and seminars on this subject. EOP also maintains a brochure that explains in simple, understandable terms the University’s Policy. This brochure is in EOP’s offices, as well as in other offices to which persons are likely to go for counseling and advice regarding discrimination and/or harassment. Questions about this Policy should be directed to EOP.
Title IX and Sexual Harassment
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance. In accordance with its Title IX obligations, the University has designated Darlene Scott-Scurry, the Director of EOP, as the University’s Title IX Coordinator. Questions regarding Title IX, as well as concerns and complaints of non-compliance, may be directed to her. Additional information about Title IX may be found on EOP’s website, www.virginia.edu/eop.
Sexual harassment, including sexual assault and violence, is a form of gender discrimination prohibited by Title IX. University employees who are or have been the victim of sexual harassment may report such conduct or file a complaint with the Title IX Coordinator in the EOP Office (by telephone at (434) 924-3200, by email at UVAEOP@virginia.edu, or in person at EOP’s Office, Washington Hall, Hotel B, East Range). Such complaints are governed by EOP’s “Complaint Procedures,” which are available at http://www.virginia.edu/eop/complaint.html.
Additionally, the University has appointed the Dean of Students as the Deputy Title IX Coordinator for Student Sexual Misconduct. Any student who believes he/she is or may have been the victim of sexual harassment should immediately report such conduct to the Dean of Students (by telephone at (434) 924 – 7429 or (434) 924 – 7133, by email at DeanofStudents@virginia.edu, or in person at the Office of the Dean of Students, Peabody Hall, Second Floor). Complaints of student sexual misconduct are governed by the “Policy and Procedures for Cases of Student Sexual Misconduct,” a copy of which is available at www.virginia.edu/sexualviolence.
Extensive information about the many forms of sexual misconduct and available resources may be found on the University’s Sexual Violence Education & Resource website, www.virginia.edu/sexualviolence
Residence Hall Visitation
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Visitation is negotiated with respect for rights and responsibilities of roommates, suitemates, and/or apartment mates. You must have your roommate’s consent to invite a guest into your room. The presence of the guest must not pose an unreasonable burden or unreasonable infringement on the privacy and privileges of the roommate. Overnight guests may not remain longer than three consecutive nights. Residents are responsible for the behavior of guests and conformance with all University policies.
Sales, Solicitation, and Student Organization Fundraising
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The University limits sales, solicitation, and student fundraising activities in order to (1) preserve its educational mission and focus, (2) provide a secure environment, (3) protect its students and employees from exploitation, (4) respect the aesthetic qualities of the Grounds, and (5) promote fair business practices. When commercial sponsorship is sought or endorsed, it is important that this support primarily advances University or student organization goals and only secondarily those of a corporate sponsor.
For the purposes of this policy, solicitation is defined as selling, promoting for the purpose of future sales, commercial advertising, and or canvassing. Fundraising is defined as any activity held by a student organization for the purpose of generating revenue to support the programs and activities sponsored by the organization.
A. Solicitation by External Entities and Their Representatives
The use of University facilities and/or property for solicitations by external businesses, individuals, and groups or by individual students representing such enterprises is prohibited without prior written permission of the Office of the Dean of Students.
- Absolutely no permission will be granted for solicitation in any University housing areas. The delivery of goods to single-student residences may not be made directly to student rooms or suites and are subject to regulations published by the Office of Residence Life.
- Commercial initiatives sponsored by the University Bookstore and Dining Services are allowed when they are extensions of their work with current or potential contracted vendors. Promotional activities planned by the Bookstore and Dining Services beyond the facilities they operate will be coordinated with the Newcomb Hall Event Planning Office.
- Under no circumstances does the University sell student addresses to anyone.
B. Solicitation by Student Organizations
Solicitation by student organizations may be allowed under certain guidelines in four general categories of activity: admission charges and tickets, direct sales, donations, and corporate sponsorship.
- Any student organization that holds agency, special, or CIO/FOA status may conduct fundraising projects on Grounds, subject to the policies and guidelines governing the extracurricular use of University facilities as outlined in the Record.
- All student organization fundraising projects must be conducted within the specific area designated in the approval process.
- Fundraising projects must be of limited duration and not carried out as an ongoing activity.
- With the exception of bake sales, no permission will be granted for fundraising projects that unnecessarily duplicate goods, materials, or services already provided at the University. Student organizations conducting bake sales or any other event involving the service of food on University property must adhere to specific University guidelines. These guidelines seek to ensure compliance with the Charlottesville/Albemarle County Health Department regulations. The guidelines are posted at: http://uvapolicy.virginia.edu/policy/STAF-001.
- Revenue from ticket sales/admission charges may be used to defray the cost of an event including speaker or performance fees, or to benefit a charitable, nonprofit organization or the sponsoring student organization. It may not be used for individual personal gain or to benefit external commercial or political organizations or enterprises. Student activity fees (SAF) may not be used to sponsor an event if the proceeds are to benefit a charitable organization or cause.
- Acknowledgement and appreciation for donations and corporate sponsorship should be done in a way that highlights the student organization’s program or event first and notes the sponsorship in a less prominent manner.
- Deans, department heads, and facility coordinators may develop more specific guidelines for fundraising projects on University Grounds in their individual facilities. Academic deans and/or department heads may restrict or prohibit fundraising activities that are inconsistent with the school or department’s educational mission and/or disruptive to the school’s normal activities.
- Fundraising projects may be denied because of the location requested or because of conflicts with previously scheduled events or projects. Tables or booths may not interfere with the use of streets, sidewalks, building entrances or classes and other previously scheduled activities. In addition, sales activities will not be allowed on the upper Lawn or in the gardens of the historic Grounds area.
- Fundraising projects may not provide a financial benefit to individual officers and/or members.
- Use of the University’s name, trademarks, logos, symbols, mottoes, etc., is subject to the “University of Virginia Policy for the Use of University Name, Trademarks, Service Marks, Seals, Logos and Other Indicia on Products.”
Student Organizations seeking solicitation/fundraising approval should submit a request online at www.virginia.edu/newcomb or in person to the Newcomb Event Planning Office for all fundraising projects held at all locations on Grounds except:
School of Architecture - Associate Dean for Finance and Administration (434-982-2036)
Curry School of Education - Assistant Dean for Admissions and Student Affairs (434-924-0757)
Darden School - Associate Dean for Administration (434-924-4854)
School of Engineering and Applied Science - Assistant Dean for Administrative and Academic Affairs (434-924-3155)
Law School - Associate Dean for Management and Finance (434-924-4685)
McIntire School of Commerce - Office of Student Services (434-924-3865)
Medical School - Student Affairs Office (434-924-5579)
Nursing School - Office of Admissions and Student Services (434-924-0141)
School of Continuing and Professional Studies - Office of the Dean (434-982-5206)
Athletic Facilities - Program Supervisor (434-982-5151)
Family and Faculty/Staff Housing - Accommodations Department (434-924-7030)
Intramural/Recreational Facilities - Department of Intramural-Recreational Sports (434-924-3791)
In these cases, requests should be directed to the offices noted above.
The University of Virginia strives to maintain a safe and secure environment for members of the student body, faculty, staff and the general public so that they are not unreasonably impeded in their activities by concerns for personal safety. The University Police Department is assigned broad security-related functions. At the same time, individual units, for example, schools, colleges, and various non-academic departments have responsibility for the security of facilities assigned for their use. The Police Department is charged to provide security regulations by which students, faculty, and staff are required to abide. Any building-specific regulations, established by units responsible for those buildings, must be consistent with the regulations established by the Police Department.
The University, as with any other public or private entity, cannot assure or guarantee a crime-free living or working environment. Accordingly, it is the responsibility of members of the University community to act in a security-conscious manner and to avoid actions which jeopardize their security as well as the security of others. Members of the faculty, staff, and student body should report all crimes, hazards, emergencies, or dangerous situations to the University Police Department.
The University of Virginia is a community of trust, in which students, faculty, and staff must be able to engage in their work free from fear of sexual violence, harassment, exploitation, and other forms of sexual misconduct. Sexual misconduct violates University policy and federal civil rights law and may also be subject to criminal prosecution. Creating a safe environment is the responsibility of all members of the University community. The University is committed to fostering a community that promotes prompt reporting of all types of sexual misconduct and timely and fair resolution of sexual misconduct complaints, in compliance with Title IX, due process, the First Amendment to the U.S. Constitution, and other applicable law.
The following information is broadly available to students as part of the University’s efforts to ensure that they are aware of the resources available to them in the event of sexual misconduct:
Your health, safety, and well-being are the University’s primary concern. If you or someone you know may be the victim of any form of sexual misconduct, you are strongly urged to seek immediate assistance. Assistance can be obtained 24 hours a day, seven days a week, from:
• Police (U.Va., Charlottesville, Albemarle County) • 911
• Sexual Assault Resource Agency (SARA) • (434) 977-7273
• Shelter for Help in Emergency (SHE) • (434) 293-8509
• U.Va. Medical Center Emergency Department • (434) 924-2231
During business hours (8 a.m. to 5 p.m., Monday through Friday), you are also strongly urged to contact the Dean of Students, who is the designated Title IX coordinator for purposes of the University’s sexual misconduct policy (by telephone, at 434-924-7429 or 434-924-7133, by e-mail at DeanofStudents@virginia.edu, or in person at the Office of the Dean of Students, Peabody Hall, Second Floor), as soon as reasonably possible to report any sexual misconduct you believe may have occurred. In addition, Sexual and Domestic Violence Services in the University’s Women’s Center offers guidance and support in collaboration with the Dean of Students (by telephone, at 434-982-2774, or by e-mail at firstname.lastname@example.org).
For a link to the University’s current policy governing sexual misconduct by a student, and for extensive information about the many forms of sexual misconduct, what to do immediately following a sexual assault, and the numerous resources available at the University and in the local community, please consult the University’s Sexual Violence Education and Resources website, www.virginia.edu/sexualviolence.
Statement of Students’ Rights and Responsibilities
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The University of Virginia is a community of scholars in which the ideals of freedom of inquiry, freedom of thought, freedom of expression, and freedom of the individual are sustained. The University is committed to supporting the exercise of any right guaranteed to individuals by the Constitution and the Code of Virginia and to educating students relative to their responsibilities.
Students’ Rights The University of Virginia seeks to maintain an environment where students have the following rights:
Expression - Students can freely examine and exchange diverse ideas in an orderly manner inside and outside the classroom;
Association - Students can associate freely with other individuals, groups of individuals and organizations for purposes that do not infringe on the rights of others;
Freedom from Discrimination - Students can expect to participate fully in the University community without discrimination, as defined by federal and state law and University policy;
Safe Environment - Students can function in their daily activities without unreasonable concerns for personal safety;
Discipline - Students can expect discipline to be implemented through established procedures containing all elements of due process for the adjudication of charges, and the opportunity for continued University involvement (as appropriate) until the resolution of the charges;
Privacy - Students are free of unreasonable intrusions into personal records and/or matters relevant to identity, living space, and well-being;
High Quality Resources - Students have access to high quality resources that support intellectual and social development;
Counseling - Students have access to support in managing personal adjustments, understanding self and others, and career planning and personal decision-making;
Grievance Process - Students have access to established procedures for respectfully presenting and addressing their concerns/complaints to the University;
Learning beyond Formal Instruction - Students have access to a variety of activities beyond the classroom, which support intellectual and personal development;
Education - Students have access to excellent faculty, academic technology, classrooms, libraries, presentations, and other resources necessary for the learning process;
Personal Growth - Students live and study in a setting that fosters personal growth;
Participation in Community Affairs - Students have opportunities to interact with people and institutions both within and beyond the University community;
Student Activity Fee Refunds - Students may apply for a partial refund of their student activity fee if they do not wish to support the particular speech activities of some student organizations receiving these funds;
University Governance - Students participate in the governance of the University with opportunities including, but not limited to, the Honor and Judiciary Committees, allocations of student activities fees, programming (University Programs Council), Residence Life (resident staff and house councils), and through membership on University and school committees;
Prompt Responses from Administration - Students have the right to expect prompt and courteous responses from the University’s academic and administrative departments;
Academic and Administrative Policies - Students can expect academic and administrative policies that support intellectual inquiry, learning, and growth.
Students’ Responsibilities The exercise and preservation of these freedoms and rights require a respect for the rights of all in the community. Students enrolling in the University assume an obligation to conduct themselves in a manner that is civil and compatible with the University’s function as an educational institution. It is clear that in a community of learning, willful disruption of the educational process, destruction of property, and interference with the orderly process of the University, or with the rights of other members of the University, cannot be tolerated. In order to fulfill its functions of imparting and gaining knowledge, the University has the authority and responsibility to maintain order within the University and to exclude those who are disruptive of the educational process.
Standards of Conduct The University of Virginia is a community of scholars in which the ideals of freedom of inquiry, freedom of thought, freedom of expression, and freedom of the individual are sustained. It is committed to preserving the exercise of any right guaranteed to individuals by the Constitution. However, the exercise and preservation of these freedoms and rights require a respect for the rights of all in the community to enjoy them to the same extent. It is clear that in a community of learning, willful disruption of the educational process, destruction of property, and interference with the orderly process of the University or with the rights of other members of the University cannot be tolerated. Students enrolling in the University assume an obligation to conduct themselves in a manner compatible with the University’s function as an educational institution. To fulfill its functions of imparting and gaining knowledge, the University retains the power to maintain order within the University and to exclude those who are disruptive of the educational process.
Generally, prohibited conduct for which a student is subject to discipline is defined as follows (not including violations of the Honor System and motor vehicle regulations):
- Physical or sexual assault of any person on University-owned or leased property, at any University sanctioned function, at the permanent or temporary local residence of a University student, faculty member, employee, or visitor, or in the city of Charlottesville or Albemarle County.
- Conduct that intentionally or recklessly threatens the health or safety of any person on University-owned or leased property, at a University sanctioned function, at the permanent or temporary local residence of a University student, faculty member, employee, or visitor, or in the city of Charlottesville or Albemarle County.
- Unauthorized entry into or occupation of University facilities that are locked, closed to student activities or otherwise restricted as to use.
- Intentional disruption or obstruction of teaching, research, administration, disciplinary procedures, other University activities, or activities authorized to take place on University property.
- Unlawfully blocking or impeding normal pedestrian or vehicular traffic on or adjacent to University property.
- Violation of University policies or regulations referenced in The Record, including policies concerning residence halls and the use of University facilities.
- Alteration, fabrication, or misuse of, or obtaining unauthorized access to University identification cards, other documents, or computer files or systems.
- Disorderly conduct on University-owned or leased property or at a University-sanctioned function. Disorderly conduct is defined to include, but is not limited to, acts that breach the peace, are lewd, indecent, or obscene, and that are not constitutionally protected speech.
- Substantial damage to University-owned or leased property or to any property in the city of Charlottesville or Albemarle County or to property of a University student, employee, faculty member, or visitor, occurring on University-owned or leased property or at the permanent or temporary local residence of any student, faculty member, employee, or visitor.
- Any violation of federal, state, or local law, if such directly affects the University’s pursuit of its proper educational purposes and only to the extent such violations are not covered by other Standards of Conduct and only where a specific provision of a statute or ordinance is charged in the complaint.
- Intentional, reckless, or negligent conduct that obstructs the operations of the Honor or Judiciary Committee, or conduct that violates their rules of confidentiality.
- Failure to comply with directions of University officials acting under provisions 1-11 set above. This shall include failure to give identity in situations concerning alleged violations of sections 1-11.
Students should consult the University Judiciary Committee for any proposed revisions to the foregoing policies or changes in procedures. Only the Board of Visitors may revise or amend the Standards of Conduct.
Sanctions One or more of the following sanctions for prohibited conduct may be imposed upon students by the University Judiciary Committee, depending upon the gravity of the offense:
- Admonition An oral statement to a student that he or she is violating or has violated institution rules;
- Warning Notice, in writing, that continuation or repetition of conduct found wrongful, within a period of time stated in the warning, may be cause for more severe disciplinary action;
- Reprimand A written censure for violation of the specified Standards of Conduct placed in the student’s record, including the possibility of more severe disciplinary sanctions should another violation occur within a stated period of time;
- Disciplinary probation Exclusion from participation in privileged or extracurricular activities as set forth in the notice of probation for a period of time not exceeding two academic semesters;
- Restitution Reimbursement for damage to or misappropriation of property.
- Suspension Exclusion from classes and other privileges or activities or from the University, as set forth in the notice of suspension, for a definite period of time.
- Suspension held in abeyance Exclusion from classes and other privileges or activities or from the University as set forth in the notice of suspension for a definite period of time to be enforced should another violation occur.
- Expulsion Termination of student status for any indefinite period. The condition of readmission, if any, shall be stated in the order of expulsion.
Should a trial panel determine that an accused student is guilty of the offense(s) alleged, the Judiciary Committee may impose any sanction(s), up to and including expulsion from the University, which it deems appropriate by a two-thirds vote, having taken into consideration all aggravating and mitigating circumstances.
As stated in the UJC constitution, any violation of the University Standards of Conduct motivated by the age, color, disability, national or ethnic origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status of the victim will be deemed an aggravating circumstance, and will result in a more serious sanction up to, and including, expulsion from the University.
Except for cases appealed directly to the Judicial Review Board, University Judiciary Committee decisions are automatically subject to review by the Vice President and Chief Student Affairs Officer. The Vice President may affirm the Judiciary Committee’s decision or, if s/he believes the decision is not in the best interest of the University, s/he may: (a) remand the decision to the Judiciary Committee for review, reconsideration or retrial with an explanation of why the Vice President believes the case warrants further action by the Committee; or (b) refer the decision directly to the University Judicial Review Board, or its successor body.
Interim Suspension An official of the University may temporarily suspend a student reasonably believed to pose a threat to himself or herself, to the health or safety of other members of the University, to University property, or to the educational process, pending a hearing on an underlying offense charged under the Standards of Conduct. Interim Suspension is also authorized where a student has engaged in violation(s) of the Standards of Conduct and/or federal, state, local or international law, such that the official could reasonably conclude that the student is not fit to be a part of the community of responsibility and trust that is the University. Any student so suspended who thereafter enters upon those areas of the Grounds denied the student by the terms of the suspension, other than with the permission of or at the request of University officials or of a duly authorized hearing body for purposes of a hearing, is subject to further discipline by the University as well as possible arrest and criminal prosecution.
- A student so suspended shall be given the following warnings by the suspending official:
“You are hereby temporarily suspended and barred from [location—Grounds or portion thereof or specified activities]. You may only enter [area] with the permission of or upon the request of University officials or of an authorized hearing body for purposes of a hearing. You are entitled to a timely review (ordinarily within 48 hours) before the Vice President and Chief Student Affairs Officer or his/her designee to determine whether this suspension is with good cause and may continue pending a hearing before the Judiciary Committee. It is your responsibility to request such review by so notifying the Office of the Vice President and Chief Student Affairs Officer.”
- The Vice President and Chief Student Affairs Officer or his/her designee may postpone a requested review for a reasonable period of time if the student is unavailable or for other good cause.
- Should the Vice President and Chief Student Affairs Officer (or his/her designee) affirm or leave in place with modifications the interim suspension, the student may seek a hearing before the Judiciary Committee on the underlying charges. The student must do so within seventy-two (72) hours of notification of the Vice President’s decision, or forfeit any right to an expedited hearing. Where an expedited hearing is timely sought, the Judiciary Committee shall schedule a hearing as soon as practicable, subject to the rules and procedures adopted by the Committee.
- Certain cases involving Interim Suspension may be decided directly by the University President (or his/her designee) rather than the Judiciary Committee.
Cases Involving Sexual Assault The University has established a separate procedure to deal with allegations of Sexual Assault. Contact the Office of the Dean of Students (434-924-7429) for full information on the procedures. The procedures are posted at: www.virginia.edu/vpsa/assaultprocedure.html.
Cases Involving Psychiatric Issues The University has established two separate procedures to deal with allegations of misconduct for certain student cases involving psychiatric and psychological issues: Procedure for Psychological Hearings on Honor Offenses and Procedure for Student Disciplinary Cases Involving Psychological Issues. The Procedure for Student Disciplinary Cases Involving Psychological Issues is available to address appropriate cases before the University Judiciary Committee and relevant issues arising in the context of Interim Suspension. The Dean of Students may also invoke the Procedures for Student Disciplinary Cases Involving Psychological Issues whether or not judicial charges are filed or pending when there is good cause to believe that, based upon a student’s conduct or behavior, a student’s presence at the University poses a significant risk. In any such instance, the Dean of Students may request that the Office of the Vice President and Chief Student Affairs Officer require that the student undergo a mental health assessment as one of the conditions for the student’s return or continued enrollment at the University. Contact the Office of the Dean of Students (434-924-7429 or email@example.com) for full information on these procedures.
Cases Decided by the President The University President may initiate, intervene in and pre-empt proceedings before any University body when the President determines, in his/her sole discretion, that established processes will be unable to timely or properly adjudicate a case or complaint including, but not limited to, cases involving students arrested, charged or convicted of criminal conduct or other serious conduct not involving criminal proceedings which reasonably endangers or threatens to disrupt the University community or University operations. The foregoing shall include, without limitation, conduct involving the possession or distribution of controlled substances on or off University property, attempted or inflicted bodily injury or other harm to any member of the University community, and destruction or attempted destruction of University property.
The President’s disciplinary review shall provide affected students with written notice and opportunity to be heard consistent with due process of law, and such further proceedings, if any, as he/she may stipulate appropriate to the circumstances. Disciplinary proceedings before the President shall not be governed by established procedures of other University bodies, and shall terminate proceedings involving the same alleged misconduct before any other University body unless otherwise authorized by the President.
The jurisdiction of University bodies shall be subject to the continuing authority of the President to discipline, suspend and/or expel as provided above.
For the purposes of this provision, the President may delegate responsibility to a designee of his/her choice to discharge any or all of the responsibilities described herein.
Conduct in the Residence Area In addition to the University regulations and policies described above, the Housing Division provides specific regulations that define the terms and conditions of occupancy of University Housing. These policies are published in the Student Housing Calendar. It should be noted that these regulations are encompassed under the University’s Standards of Conduct, specifically under standards six and nine.
Resident Staff live in single student housing to enforce University regulations, policies and Housing Terms and Conditions.
Continuing Duty to Report Criminal Arrests Students have a continuing duty to promptly report to the Office of the Dean of Students any arrests for violations of federal, state, local or international law, excluding minor traffic violations that do not result in injury to others. This duty applies regardless of where the arrest occurred (inside or outside the Commonwealth of Virginia), and regardless of whether the University is in session at the time of the arrest. An arrest includes the issuance of a written citation or summons regardless of whether the student is taken into custody by law enforcement. Charges related to reckless driving and driving under the influence of alcohol or other drugs are not “minor traffic violations” and must be reported. Students must contact the Office of the Dean of Students at 434-924-7133 within seventy-two hours (72) hours of the incident that led to their arrest. Failure to comply with this continuing duty will result in the immediate referral of a student to the University Judiciary Committee and may also result in imposition of an interim suspension by the Dean of Students or his/her designee.
Student Health Requirements
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Eligibility and Costs Students who pay the comprehensive student fee are eligible to receive care at the Student Health Center. Non-resident and non-degree-seeking students are not eligible for Student Health services. Students enrolled in the School of Continuing and Professional Studies and certain special degree programs, including the Darden MBA for Executives, Commerce MIT (16 months), Commerce MIS graduate plans, and the BIS undergraduate plan, are also not eligible for Student Health services. Disability services are available to all enrolled students regardless of program or fee status. Any student with questions regarding eligibility should contact Student Health Medical Records at 434-924-1525. A description of the services available at Student Health is in the Division of Student Affairs and Services section of the Record.
1. Pre-entrance Health Form: All students admitted to the University must submit a health history form and record of immunizations before they register for their first semester. The form is online at www.virginia.edu/studenthealth/PEHF.html. Students are required to complete and submit this form by August 31, 2011. Students whose forms are not postmarked by August 31 are subject to a late fee of $100.
2. Health Insurance: The University requires all students to have health insurance. Students may, but are not required to, enroll in the health insurance plan sponsored by the University of Virginia.
3. The University-sponsored insurance carrier will send information concerning its plan during the summer to all students entering or returning to the University in the fall. Students entering the University at other times should contact Student Health directly for enrollment information at 434-243-2702.
• Hard Waiver Program for International Students: In an effort to ensure adequate health insurance coverage, all international students are subject to the University’s hard-waiver health insurance program. Under the hard-waiver program, the University bills all new and returning international students for the annual cost of single student coverage under the University’s endorsed student health plan. The plan is administered by Aetna Student Healthand costs $2, 326.00 (U.S.). The plan provides coverage from August 15, 2011, through August 14, 2012. International students may avoid this cost if they demonstrate to the University’s Department of Student Health that they have other health insurance coverage that meets the University’s specific coverage requirements. To determine whether alternative coverage meets the University’s requirements, international students must complete a waiver application by going to the site administered by Aetna Student Health at www.uvastudentinsurance.com and following the instructions under the tab at left labeled International Students. Any international student who does not demonstrate comparable coverage in the online waiver site by October 3, 2011, will be enrolled in the Aetna Student Health plan and billed for its full annual cost ($2,326.00). Once enrolled, the coverage cannot be cancelled, and the charge will not be removed until paid in full. For more information on the hard waiver program, including what constitutes comparable coverage, please visit the Student Health website at www.virginia.edu/studenthealth/insurance/HardWaiver1112.html.
4. Failure to comply with immunization or insurance requirements results in blocked registration until verification is provided. Please call 434-924-1525.
5. Medical Withdrawal/Readmission: Student Health must review requests for readmission by students who originally withdrew for health reasons. If a family or personal physician was involved in the withdrawal and recommendation to resume studies, a letter in this regard should be sent to Student Health, Division of General Medicine, Gynecology, or CAPS as appropriate.
Use of Alcoholic Beverages and Prohibition of Other Drug Policy
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The purpose of this policy is to regulate the sale and service of alcoholic beverages on University property and to inform the University community of state and federal laws and penalties concerning unlawful substance use and abuse; health and behavioral risks of alcohol abuse and drug use; and resources for treatment and educational programming in accordance with federal law. [Drug-Free Schools and Campuses Regulations; 20 U.S.C. 1011i and 34 C.F.R. Section 86.100 (a) (1).]
The University of Virginia prohibits the illegal or otherwise irresponsible use of alcohol and other drugs. It is the responsibility of every member of the University community to know the risks associated with substance use and abuse. This responsibility obligates students and employees to know relevant University policies and federal, state and local laws, and to conduct themselves in accordance with these laws and policies. To these ends, the University publishes the following information regarding University policies and sanctions, laws and penalties concerning substance use and abuse, health and behavioral risks of drug use, and resources for treatment and educational programming.
Alcohol Virginia laws concerning the purchase, possession, consumption, sale and storage of alcoholic beverages include the following:
- Any sale of an alcoholic beverage requires a license from the Virginia Alcoholic Beverage Control (ABC) Board;
- Alcoholic beverages are not to be given, sold or served to persons under 21 years of age;
- Alcoholic beverages are not to be given, sold or served to persons who are intoxicated;
- Virginia law prohibits: drinking in unlicensed public places; possession, consumption or purchase of an alcoholic beverage by a person under 21 years of age; falsely representing one’s age for the purpose of procuring alcohol; purchasing, giving, providing, or assisting in providing an alcoholic beverage for a person who is under 21 years of age; public intoxication; and providing alcohol to an intoxicated person.
The University of Virginia assumes no responsibility for any liability incurred at any event not sponsored by the University where alcohol is served and/or sold. Students and members of Contracted Independent Organizations or of organizations with a Fraternal Organization Agreement are obliged to conduct themselves in accordance with the laws of the Commonwealth of Virginia and assume full responsibility for their activities and events.
Areas of Emphasis
- Except as expressly permitted in this policy under Item 11 of the “Areas of Emphasis,” any use of alcohol (a) in a public area on University property or (b) at a University function in which University of Virginia students will be present must be approved a minimum of one week in advance in writing by the Vice President and Chief Student Affairs Officer or his or her designee The Approval Request for Use of Alcohol Beverages Form may be found at www.virginia.edu/vpsa/forms.
- Alcoholic beverages may not be served at any University function or event held on property that will be attended by underage University of Virginia students. Requests for exceptions must be presented to the Vice President and Chief Student Affairs Officer or his or her designee. If an exception is granted, personnel trained in Training for Intervention Procedures (TIPS) or another University-approved program must be present to supervise the distribution of alcohol.
- Alcoholic beverages purchased with University funds may be used only in compliance with Virginia and federal law and University policy.
- Events, whether planned or spontaneous, involving the possession/distribution/consumption of alcoholic beverages are prohibited in and around the first-year residence halls.
- Non-alcoholic beverages and food items should be present at University functions where alcoholic beverages are served.
- Alcoholic beverages may not be mentioned in the advertising or publicizing of a University function.
- Sponsors serving alcohol at University functions shall not permit the entry or exit of persons with beverage containers.
- Sponsors must check for proper age identification of individuals attending events when alcohol is served and underage students may be present.
- A student may not let another person use his or her I.D. for the purpose of obtaining an alcoholic beverage, nor may a student use another person’s I.D. to obtain alcoholic beverages.
- University Dining Services, the University Programs Council, and Nutrition Services are the only organizations eligible to obtain an ABC license for the purpose of selling alcoholic beverages on University property.
- Members of the University community living in University property and their invited guests who are lawfully permitted to purchase, possess and use alcohol may do so in the residence or on any immediately adjacent area devoted to residential use; they should not do so, however, in public places or in any area on University property devoted to common use. The presence of underage family members, employees or guests does not preclude the serving of alcohol in a residence that is University property, provided an appropriate of-age family member and/or host is willing to assume the legal responsibility for insuring compliance with Virginia and federal law and University policy.
- Additional regulations governing the use of alcohol in Newcomb Hall, Peabody Hall, Lambeth Commons Building, and the Student Activities Building may be obtained in Newcomb Hall.
- Possession of kegs, pony kegs, or beer balls is prohibited in residence facilities that are University property.
- Any organization, as well as its leadership, sponsoring an event on University property will be responsible for following all federal and Virginia laws and University policies that apply to the serving and/or selling of alcoholic beverages.
The Approval Request for Use of Alcohol Beverages Form may be found at http://www.virginia.edu/vpsa/forms/.
Any student found in violation of this policy is subject to the entire range of University Judiciary Committee sanctions described in the Statement of Students’ Rights and Responsibilities, including suspension and expulsion. University personnel found in violation of this policy are subject to appropriate personnel sanctions.
Drugs Unauthorized manufacture, distribution and possession of “controlled substances” (illegal drugs), including marijuana, cocaine, and LSD, are prohibited by both Virginia and federal law and are punishable by severe penalties. The University does not tolerate or condone such conduct. Students and employees who violate Virginia or federal drug laws may be referred by University authorities for criminal prosecution.
Whether or not criminal charges are brought, all students and employees are subject to University discipline for illegally manufacturing, distributing, possessing or using any controlled substance (i) on University property, (ii) at University functions, or (iii) under other circumstances involving a direct and substantial connection to the University. Any student found to have engaged in such conduct is subject to the entirerange of University Judiciary Committee sanctions described in the Statement of Students’ Rights and Responsibilities, including suspension and expulsion. University personnel found in violation of this policy are subject to appropriate personnel sanctions.
Federal and Virginia Penalties Federal and Virginia law penalizes the unlawful manufacturing, distribution, use, and possession of controlled substances. The penalties vary based on many factors, including the type and amount of the drug involved, and whether there is intent to distribute. Federal law sets penalties for first offenses ranging from less than one year to life imprisonment and/or fines up to $8 million. Penalties may include forfeiture of property, including vehicles used to possess, transport or conceal a controlled substance, and the denial of professional licenses or Federal benefits, such as student loans. Convictions under Virginia law may be misdemeanor or felony crimes with sanctions ranging from probation to life imprisonment and/or fines of up to $1 million.
Federal law holds that any person who distributes, possesses with intent to distribute, or manufactures a controlled substance on or within one thousand feet of an educational facility is subject to a doubling of the applicable maximum punishments and fines. A similar Virginia law carries sanctions of between one and five years imprisonment and up to a $100,000 fine for similar violations.
Intercollegiate Athletics Department’s Drug/Alcohol Policy The Intercollegiate Athletics Department of the University has additional written policies which are presented to each student-athlete annually prior to participation. These policies encompass mandatory drug testing, sanctions as a result of positive tests, specific programs of education relative to drug and alcohol use and abuse, and counseling and rehabilitation programs.
Drug-Free Workplace Policy The use of alcohol or illegal drugs by all employees while on University property, including during meal periods and breaks, is absolutely prohibited. The use of alcohol may be authorized in advance by the University for approved University functions. No employee will report to work while under the influence of alcohol or illegal drugs. Violations of these rules by an employee will be reason for evaluation/treatment for a substance use disorder or for disciplinary action, up to and including dismissal.
Health and Behavioral Risks The negative physical and mental effects of the use of alcohol and other drugs are well documented. Use of these drugs may cause: blackouts, poisoning, overdose, and death; physical and psychological dependence; damage to vital organs such as the brain, heart, and liver; inability to learn and remember information; and psychological problems, including depression, psychosis, and severe anxiety. Risks associated with specific drugs are described later in this section.
Impaired judgment and coordination resulting from the use of alcohol and other drugs are associated with acquaintance assault and rape; DUI/DWI arrests; hazing; falls, drowning and other injuries; contracting sexually transmitted infections, including HIV; and unwanted or unplanned sexual experiences and pregnancy.
The substance abuse of family members and friends may also be of concern to individuals. Patterns of risk-taking behavior and dependency not only interfere in the lives of the abusers, but can also have a negative impact on the affected student’s academic work, emotional well-being and adjustment to college life.
Individuals concerned about their own health or that of a friend should consult a physician or mental health professional. More information and assistance can be obtained by contacting one of the University’s substance abuse resources listed in this policy or a community resource listed in the yellow pages of the telephone directory.
Alcohol Alcohol abuse is a progressive disorder in which physical dependency can develop. Even low doses of alcohol impair brain function, judgment, alertness, coordination and reflexes. Very high doses cause suppression of respiration and death. Chronic alcohol abuse can produce dementia, sexual impotence, cirrhosis of the liver, and heart disease, and sudden withdrawal can produce severe anxiety, tremors, hallucinations, and life-threatening convulsions.
Marijuana (Cannabis) Marijuana (natural and synthetic) has negative physical and mental effects. Physical effects include elevated blood pressure, a dry mouth and throat, bloodshot and swollen eyes, decrease in body temperature, and increased appetite. Frequent and/or longtime users may develop chronic lung disease and damage to the pulmonary system.
Use of marijuana is also associated with impairment of short-term memory and comprehension, an altered sense of time, and a reduction in the ability to perform motor skills such as driving a car. Marijuana abuse can also produce listlessness, inattention, withdrawal, and apathy. Abuse can intensify underlying emotional problems and is associated with chronic anxiety, depression, and paranoia.
Hallucinogens This category includes phencyclidine (PCP or “angel dust”) and amphetamine variants, which have mind-altering effects. Perception and cognition are impaired, and muscular coordination decreases. Speech is blocked and incoherent. Chronic users of PCP may have memory problems and speech difficulties lasting six months to a year after prolonged daily use. Depression, anxiety, and violent behavior also occur. High psychological dependence on the drug may result in taking large doses of PCP. Large doses produce convulsions, comas, and heart and lung failure.
Lysergic acid dyethylamine (LSD or “acid”), mescaline and psilocybin (mushrooms) cause illusions, hallucinations and altered perception of time and space. Physical effects include dilated pupils, elevated body temperature, increased heart rate and blood pressure, decreased appetite, insomnia, and tremors. Psychological reactions include panic, confusion, paranoia, anxiety, and loss of control. Flashbacks, or delayed effects, can occur even after use has ceased.
Cocaine Cocaine stimulates the central nervous system. Immediate physical effects include dilated pupils and increased blood pressure, heart rate, respiratory rate, and body temperature. Occasional use can cause a stuffy or runny nose, while chronic use may destroy nasal tissues. Following the “high” of extreme happiness and a sense of unending energy is a cocaine “crash,” which includes depression, dullness, intense anger, and paranoia. Injecting cocaine with contaminated equipment can lead to infection with HIV, hepatitis, and other diseases. Tolerance develops rapidly, and psychological and physical dependency can occur. The use of cocaine can cause kidney damage, heart attacks, seizures, and strokes due to high blood pressure. Death can occur by cardiac arrest or respiratory failure.
Stimulants Amphetamines and other stimulants include “ecstasy” and “ice” as well as prescription drugs such as Adderall and Ritalin. The physical effects produced are elevated heart and respiratory rates, increased blood pressure, insomnia, and loss of appetite. Sweating, headaches, blurred vision, dizziness, and anxiety may also result from use. High dosage can cause rapid or irregular heartbeat, tremors, loss of motor skills and even physical collapse. Long-term use of higher doses can produce amphetamine psychosis, which includes hallucinations, delusions, and paranoia.
Depressants Barbiturates and benzodiazepines are two of the most commonly used groups of these drugs. Barbiturates include Phenobarbital, Seconal and Amytal; benzodiazepines include Ativan, Dalmane, Librium, Xanax, Valium, Halcyon, and Restoril. These drugs are frequently used for medical purposes to relieve anxiety and to induce sleep. Physical and psychological dependence can occur if the drugs are used for longer periods of time at higher doses. Benzodiazepine use can cause slurred speech, disorientation, and lack of coordination. If taken with alcohol, use can lead to a coma and possible death.
Narcotics Narcotics include heroin, methadone, morphine, codeine, OxyContin, Vicodin, and opium. After an initial feeling of euphoria, usage causes drowsiness, nausea, and vomiting. Effects of overdose include slow and shallow breathing, clammy skin, convulsions, coma, and possible death. Physical and psychological dependence is high, and severe withdrawal symptoms include watery eyes, runny nose, loss of appetite, irritability, tremors, panic, cramps, nausea, chills, and sweating. Use of contaminated syringes may lead to infection with HIV, hepatitis and other diseases.
Gordie Center for Substance Abuse PreventionThe coordinating body for substance abuse prevention and education at the University. (434-924-5276).
University Police Department Officers provide information and seminars in the legal aspects of areas related to substance abuse (924-7166).
Alcohol and Drug Abuse Prevention Team A peer education group sponsored by Student Health’s Gordie Center for Substance Abuse Prevention that promotes awareness, provides educational outreach, and serves as accessible resources for students (434-924-5276).
Peer Health Educators A peer education group sponsored by Student Health’s Office of Health Promotion that provides informal educational sessions on alcohol, drugs, and other health issues (434-924-1509).
Student-Athlete Mentors The Gordie Center for Substance Abuse Prevention and the Intercollegiate Athletics Department recruit and train members of each athletic team to coordinate alcohol education programs for their teams and to serve as internal resources on University services (434-924-5276).
Hoos in Recovery An association of University undergraduate and graduate students, staff, faculty, and alumni in recovery from alcoholism or addiction. The group meets twice monthly. (HoosInRecovery@virginia.edu or 434-924-5276)
Consultation and Treatment
Student Health Counseling and Psychological Services (CAPS) Substance use consultations, comprehensive mental health evaluations, including risk assessments for all substance presentations, treatment and/or referral for students and concerned friends or family is available (434-924-5556).
Faculty and Employee Assistance Program No cost, strictly confidential information, evaluation, intervention, and referrals for faculty, staff, and family members. FEAP staff are licensed professionals with expertise in substance abuse, mental health, family, and workplace issues. Consultation for chairs and other faculty administrators is also available (434-243-2643; or 1-866-950-0159, 24 hours a day).
Center for Addiction Research and Education (CARE) A research and treatment clinic, with locations at U.Va. and in Richmond, testing innovative treatments for addictive behaviors. (434-243-0549 or 434-243-0541)
The Excelsior Program Treatment for addiction (434-243-7381)
As used in this policy statement, these terms have the following definitions:
Definition of Terms:
University Function: Any activity that is conducted by a University office or department or by University personnel, and which is done on behalf of the University, whether the activity is conducted on or off Grounds.
University Office or Department: Any office or department whose reporting line culminates with the Board of Visitors. A student organization with a Contracted Independent Organization Agreement or a Fraternal Organization Agreement, or a University foundation is not considered a University office or department.
University Personnel: University employees who have a direct reporting relationship that culminates with the Board of Visitors or who are appointed through University Human Resources and paid through University payroll to perform services that are subject to the will and control of the University.
University Property: Land or buildings that the University owns or leases and that is under the direct control of the Board of Visitors. University property also includes premises the University uses for activities of its offices, departments, personnel or students.
Use of University Equipment
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- “University community,” as used herein, includes the University, its departments, service units, affiliated or related organizations and foundations, faculty members, staff members, students, groups of students and student organizations that are Contracted Independent Organizations (CIOs).
- The administrative head of each unit of the University, or the head of a sub-unit when so delegated, is responsible for the control and accountability of use of all equipment assigned to the unit and for assuring that use of the equipment is consistent with this Policy and the purpose, mission, and goals of the University.
- University equipment may not be used by University faculty, staff, or students for personal purposes unrelated to the University’s mission or for commercial purposes. Likewise, University-owned and provided consumable materials and supplies may not be used for such personal purposes or commercial purposes.
Personal activities related to teaching, scholarship and research or public service promote the University’s mission. Accordingly, faculty and staff members may be offered the privilege of occasional and reasonable use of University equipment in connection with their personal academic pursuits and professional development, provided the University incurs no unreasonable costs for materials and supplies, maintenance, and repairs. Approval of these cases will be handled on a case-by-case basis.
- Use of University equipment by individuals and organizations who are not part of the University community is not permitted unless the responsible unit head approves a user request form. Such a form may be approved only when the use meets one of the following criteria:
- The use is in connection with approved University sponsored activities, events or services. (Reference to Policy and Procedure on University Services and Activities.)
- The use is part of a contractual agreement between the University and a government agency, a private business or another educational institution, and the agreement has been reviewed for consistency with University policy relative to competition with the private sector and unrelated business income by the administrative head of the related unit with the assistance of the Office of the General Counsel.
- The use is by official visitors to the University and is appropriate to the purpose of the visit.
- The use is in connection with a public service activity and the equipment does not exist elsewhere or is not reasonably otherwise available to the user.
The unit head responsible for the equipment may establish a user fee, when appropriate. Such a fee must be approved in accordance with the University’s Services and Activities procedures.
Use of University Facilities
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These policies and guidelines are intended to ensure that extracurricular use of the physical facilities of the University is responsible and consistent with the mission of the University and applicable laws.
- General Policies The following policies apply to all extracurricular uses of all University property, unless a specific exception is noted. Facilities normally closed to extracurricular activities because of their function, as well as locked buildings, classrooms or other facilities, are exempt from these policies. The Vice President and Chief Student Affairs Officer or his or her designee is authorized to administer and interpret these general policies.
- “University groups” includes the University and all of its departments, service units, student organizations, affiliated or related organizations and foundations.
- “University individuals” includes faculty members, staff members, students and groups of students.
- “Student Organizations” are those organizations that are Contracted Independent Organizations (CIOs), or special status, or agency student organizations.
- “Student” is a person registered in the resident schools or College of the University at Charlottesville for the academic semester in progress at the time University property is to be used.
- Who May Use University Space
- University space may be reserved by any University group and in some cases by University individuals. For more information, contact the Event Planning Office on the fourth floor of Newcomb Hall, 434-924-3203, or view policies and procedures listed at www.virginia.edu/newcomb/space/policies.html. The inventory of University space available for reservations is viewable at www.virginia.edu/source.
- University space may be used by a non-University group in accordance with these policies and guidelines as long as the group is sponsored by a University group and executes a use of space agreement. The space agreement contains both an indemnification provision holding harmless the University and its officers and employees and restrictions for use of space consistent with University policies and applicable laws. University individuals may not act as sponsors of non-University groups for the purpose of using University space.
- University facilities may be used—subject to these procedures and guidelines and other space restrictions—for religious purposes by University students, groups of students, student organizations, faculty members or staff members. This provision does not apply to University Hall, John Paul Jones Arena, or the Chapel, where special rules apply.
- Unless otherwise notified, guests of students and other visitors to the University are welcome on the Grounds, but are not entitled to use those facilities or to attend those events that are limited to students by reason of their payment of tuition or fees or that are limited to faculty and staff members by reason of employment.
- Permitted Uses
- University space must be used in a manner in keeping with the goals of the University and does not violate University policies and procedures or applicable laws.
- No use of University property will be permitted that:
- is unlawful.
- discriminates on the basis of age, color, disability, national or ethnic origin, political affiliation, race, religion, sex, sexual orientation, or veteran status (although attendance at an event can be limited, such as “members only,” “students only” or “faculty and students only,” it cannot be limited specifically by age, color, disability, national or ethnic origin, political affiliation, race, religion, sex, sexual orientation, or veteran status).
- disrupts academic activities, scheduled events, University functions or other normal pursuits that take place in the area.
- is for personal gain.
- Admission may be charged for events sponsored by University groups. Admission may not be charged for events sponsored by University individuals, nor may admission fees be collected for events held at the Rotunda. For purposes of the extracurricular use of University property, the proceeds from collections made at events held in University facilities are considered to be admission charges.
Any income-generating use of University space that is in competition with private enterprise or is not directly related to the University’s mission is not permitted unless the University’s Services and Activities procedures have been followed.
- Facility coordinator may develop use guidelines for their assigned facilities in order to maintain safety and to insure the normal operation of the facility. A person or group may seek clarification and/or interpretation of such use guidelines from the facility coordinator designated for the building.
- General Guidelines on Conduct During Permitted Use The following instructions and procedures governing conduct shall apply to the extracurricular use of all University property. The Vice President and Chief Student Affairs Officer or his or her designee may adopt and issue supplementary provisions when necessary.
- Persons who have reserved space or who are responsible for an event on University property are responsible for taking reasonable steps to ensure the safety of University property and persons attending the events.
- In order to ensure that the rights of all parties are protected, the Dean of Students Office, in cooperation with students who have reserved University space, may develop and make available, in advance, specific provisions to govern conduct at a given event. For example, special rules may be devised to prevent disorder or other interference with the activity; precautions may be taken to avoid physical harm to persons or to property; and attendance may be limited according to space requirements or the desires of those who have reserved the space, so long as they do not conflict with the provisions herein.
- When University space has been reserved or is in use, persons who wish to communicate to those in attendance (for example, by the distribution of leaflets or carrying of signs) will be permitted to do so in a manner that does not disrupt the activity in progress, that does not interfere with or harass those who are entitled to attend and that complies with any special rules developed pursuant to paragraph B of this Section. Actions that interfere with the opportunity of the audience to hear and observe the proceedings, that physically interfere with the proceedings or that create disruptive noises which penetrate the area of the proceedings are prohibited.
- All persons on University property are subject to these provisions and to the provisions of local, state and federal law. Appropriate action may be instituted against any person who does not comply therewith.
- Persons designated by the President are authorized to ask persons who are using or occupying University space in a manner inconsistent with these policies or guidelines to leave. A person who has reserved space or who is in charge of the event is also authorized to ask any person who engages in conduct inconsistent with these provisions to leave the event.
- Students who do not comply with a request to leave should be warned that disciplinary action may be taken which could result in suspension or expulsion from the University. If the violation continues, University disciplinary procedures may be initiated.
Any person who does not comply with a request to leave should be warned that action may be taken which could result in arrest for violation of the law. If the violation continues, appropriate action may be instituted.
- General Guidelines for Scheduling The following procedures and guidelines are designed to ensure efficient use and management of University buildings, grounds and playing fields. Facility coordinators, or others responsible, may develop specific reservation procedures and scheduling guidelines for particular buildings or fields. Such specific rules shall be considered a part of the general reservation procedures and scheduling guidelines.
- A. University space can and should be reserved in order to assure its availability at the time desired. General information concerning reservable spaces at the University can be obtained from the Event Planning Office on the fourth floor of Newcomb Hall, 434-924-3203. Available spaces in student activities buildings can be reserved through the Event Planning Office. Reservation request for this space can be initiated electronically at www.virginia.edu/source. Spaces in other buildings or playing fields can be reserved through individual building supervisors. Consult the staff in the Event Planning Office for current information. The inventory of University space available for reservations is viewable at www.virginia.edu/source.
- B. In order to achieve a fair distribution among interested parties of certain facilities in high demand and to insure that the use of space is appropriate to its character, building supervisors or other persons charged with responsibility for University space may establish restrictions and priorities for the use of University facilities. The principles of first-applied first-granted will in most instances guide decisions on assignment of space except that academic (curricular) uses have priority in academic space.
Posting/Chalking on University Property The University is committed to promoting communication among students, faculty, the administration and the surrounding community. However, posting and chalking on University owned or leased property is subject to certain regulations published fully at http://uvapolicy.virginia.edu/policy/PRM-008. Posted materials or chalkings which are not in compliance with these regulations will be removed by Facilities Management or other University officials without regard to content. Individuals and organizations failing to comply with these regulations may jeopardize future posting privileges; be liable for damage and/or clean-up costs if any are incurred; jeopardize funding or other privileges afforded to them; or face charges before the University Judiciary Committee.
Use of the Lawn The Lawn is the geographical and spiritual heart of Jefferson’s “academical village,” which still serves much of its original purpose—a setting where faculty and students live and work together. The entire University community—students, faculty, administrators—are its trustees, as well as the beneficiaries of its beauty and usefulness. The Lawn has extremely diverse uses and characteristics, among which are the following:
- It is a national and international historic treasure.
- It is a center of highly varied day-to-day academic activities.
- It is used occasionally as a setting for University activities, such as official convocations.
- It is a residential precinct for students and faculty.
- It is an area for limited active and passive outdoor recreational activities.
- It is a site for a steady stream of visitors and tourists from all over the world.
The University community has developed a proud tradition of mutual accommodations of all these diverse uses. The Lawn must perforce be open and accessible under reasonable rules and regulations.
The Lawn is replete with fragile, delicate structures and landscape content. Preservation is a constant concern and a burgeoning curatorial responsibility. That responsibility has been entrusted to the University as part of its fiduciary obligations to future generations. The danger that misuse of the Lawn presents to the historic edifices, and to their dependencies and surroundings, is real, not theoretical. Differing rules and regulations may apply to different parts of the Lawn—e.g., the lower terrace may be governed by different safety precautions and regulations from those that apply to the upper three terraces. Moreover, space limitations and the number of requests for facilities dictate orderly administrative rules, always providing that these rules be content-neutral.
Based on the foregoing considerations, the operative policy for the use of the Lawn area consists of the following:
- That the gardens of the Pavilions are public areas. Those garden areas adjacent to the Pavilions are not required to be open to the public at all times. They are to be open when not in personal use, and they must be open on certain occasions, e.g., Garden Week. To temporarily close these adjacent gardens for personal use by the Pavilion residents, an appropriate sign may be placed upon the gates notifying the public. Where the garden is divided into two portions by the intervening wall, the remote section may be open to the public at all times. The use of the gardens for social gatherings of University organizations is to be permitted where consistent with the occupancy of the Pavilion as home by the resident.
- That for the upper terraces of the Lawn (those between the Rotunda and the crosswalk at the northern limit of the “Homer Terrace” at the south) no structure shall be permitted on the Lawn except for those needed in connection with official University functions. (The term “structure” includes props and displays, such as coffins, crates, crosses, theaters, cages, and statues; furniture and furnishings, such as desks and tables, except those temporarily used by participants in the ceremonies or by University officials for the conduct of the ceremonies, books, and cabinets; shelters, such as tents, boxes, shanties and other enclosures; and other similar physical structures. The term “structure” does not include chairs, signs held by hand, bicycles, baby carriages, and baby strollers temporarily placed in, or being moved across the Lawn; and wheelchairs and other devices for the handicapped when used by handicapped persons.) The same general policies shall be in effect for the lower (“Homer”) terrace, except that for that area of the Lawn officially recognized student groups, academic or administrative departments, or University-related organizations or foundations may be granted use (which may include structures) by the Office of the Dean of Students. That office will consider use in accordance with dictates affecting time, place, and manner. Among them are the following:
- The use of the designated space (“Homer Terrace”) by any one group at any time shall not exceed three consecutive days.
- Disruption or obstruction of teaching, research, administration, disciplinary procedure, or other University activities, or of other authorized activities on University property is forbidden.
For information on reserving the lower Lawn, contact the Event Planning Office on the fourth floor of Newcomb Hall, 434-924-3203.
Use of the Rotunda Space in the Rotunda may be reserved for dignified occasions by University departments, Student Council recognized student groups, University contracted independent organizations, or University related foundations. Reservations will be made in accordance with the guidelines set forth below and in accordance with University regulations. Depending on the event, more specific policies may apply and will be discussed before the reservation is finalized.
Any event held in the Rotunda must be related to the University’s primary mission. Assignment of space shall be content neutral. Because of the heavy demand, it will be the responsibility of the Rotunda Administrator to make the facilities available to as many requesters as possible, avoiding overuse of any group. The Rotunda will not be used for private parties (e.g., wedding receptions) nor will it be used for events requiring the collection of admission fees. No displays of corporate sponsorship are allowed in the Rotunda. The Rotunda is a smoke-free building.
The Dome Room and other Rotunda spaces may be used after the normal closing hour for the Rotunda (4:45 p.m.) only if official Rotunda personnel are present. Users will be billed for the cost of these employees on an hourly basis. A rental fee will also be assessed. For dinners held in the Dome Room, the maximum occupancy limit, as set by the University Fire Marshal, is 104 persons. For lectures and similar functions, the limit is 140 persons. For other room capacities, please see the University’s Administrative and Financial Policy XV.I.1. In addition, all events are to end and all guests must vacate the premises by 10:30 p.m. This curfew is strictly enforced.
The Dome Room is the most fragile of the Rotunda facilities. Of special concern is the heart pine floor, which is fragile and irreplaceable. Special care must be taken in the use of this room. Such events as seated dinners and lectures are appropriate uses; however, cocktail parties and dances are not permitted. For dinners held in the Dome Room, only oil-less candles may be used. Candles are to be placed in holders on dinner tables by catering staff and are not to be carried when lit. The use of large greenery and decorations involving confetti in the Dome Room require prior approval by the Rotunda Administrator.
University Dining Services is the exclusive caterer for all Rotunda events. No food or beverages may be brought into the Rotunda from an outside source. Food and drink may be served only in the Lower West Oval Room and the Dome Room (seated meals only). Except for official University-wide functions, the Dome Room will not be used for luncheons or receptions; these events may be scheduled in the Lower West Oval Room. All events where alcohol will be served, whether sponsored by a department or student group, require the approval of the Vice President and Chief Student Affairs Officer or her/his designee consistent with the University’s alcohol policy. A signed alcohol approval form from the Office of the Vice President and Chief Student Affairs Officer must be received by the Rotunda Administrator at least two weeks prior to the event. All food and beverages including alcohol must be served by catering staff. No food or beverages may be transported between floors during an event except by catering staff.
No furnishings, antiques, tables, chairs, or heavy equipment may be moved in any of the rooms without the permission of the Rotunda Administrator. If permitted, furnishings and antiques will be moved only by qualified University employees trained to do this without hazard to the building and other furnishings. The user will be charged for all costs associated with the move. Heavy equipment or musical instruments such as pianos are not allowed in the Dome Room. Audiovisual equipment is to be arranged by the user. The Rotunda Administrator must be notified of any equipment (i.e. conference/audiovisual equipment, musical instruments, etc.) being brought into the Rotunda for use during an event, and approval must be granted (approval must be obtained at least 48 hours prior to the event).
Because of the high demand for use of the Rotunda, all requests for its use must have a University affiliated sponsor. A University of Virginia department, contracted independent organization, or University-related foundation may serve as a sponsor. A representative of the sponsor must be present during the event and will serve as the liaison with Rotunda and other University staff.
For events scheduled outside of the normal operating hours (9 a.m. to 4:45 p.m.), a security deposit is required at the time the reservation is made. The deposit will be deducted from the itemized bill sent to the sponsor following the event. No refunds will be issued for events cancelled less than 30 days prior to the event. Users are required to agree in advance to pay for damage done to the Rotunda as a consequence of their event.
During the time the Rotunda is open to the public (usually 9:00 a.m. to 4:45 p.m.), Dome Room events will not normally be closed to the public. The oval rooms, if reserved, may be used for events to which the public is not invited. Events that do not conflict with inside users may be held on the North or South Porticos of the Rotunda (including the steps) and the Esplanade (north terrace) provided that they are dignified occasions and are in compliance with Use of the Lawn regulations and the University’s Financial and Administrative Policy XV.I.1 - Use of the Rotunda. Reservations for these exterior spaces may be made through the Rotunda Administrator.
Students are encouraged to use the alcoves in the Dome Room for study whenever the room is available during normal open hours, subject to normal regulation by the Rotunda Administrator.
An elevator to the upper floors is available for those visitors to the Rotunda with mobility limitations. These persons will be taken on the elevator by Rotunda personnel upon request. Others should use the stairways.
To reserve space in the Rotunda, the North or South Porticos (including the steps), or the North Terrace, contact the Rotunda Administrator at 434-924-1019.
University Services and Activities
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These policies and procedures were adopted to ensure that services and activities offered by the University are consistent with the mission of the University and do not compete unfairly with the private sector.
- General Policy
- A. When determining whether University services and activities should be maintained, supported or established by the University, the following factors will be considered:
- Does the service or activity play a significant role in the fulfillment of the University’s educational, research, public service and/or support functions, without regard to profit?
- Does the activity provide an important service at a reasonable cost to the University?
- Will this activity provide a convenience to staff, faculty, students and patients because of location or other considerations?
- Does the activity offer a required service which the private sector cannot conveniently, adequately or economically provide?
- Will the program or activity unnecessarily duplicate services already provided at the University?
- Goods and services may be offered to the general public when incidental to the provision of such goods and services to University faculty, staff, students and patients. Such University services and programs should, however, further the University’s mission. (Such services and goods could include food, refreshments, mementos, etc., provided in conjunction with approved University programs.)
- Services and activities should not be offered to the general public or to the University community solely as a means of creating additional revenue or because the University can provide the service at a cost savings to its faculty, staff, students and patients.
- Services and activities should be reviewed periodically, as provided below, to ensure conformance with the intent and purpose of this policy.
- This policy does not apply to instructional programs currently approved by the Provost or sponsored program activities currently reviewed by the Office of Sponsored Programs.
- New or Expanded Services and Activities: All new or expanded services and activities, except those relating to degree programs and course offerings, must pass through a four-step review process before being offered to the general public or to University faculty, staff, students and patients. If a proposal is offered before final approval is secured under these procedures, the University will not be responsible for any commitments, obligations or expenses incurred if the proposal is disapproved.
- The proposal must be approved by the responsible department head or dean. If such approval is obtained, an activity description must be prepared. The activity description should include the following information to demonstrate that the proposal meets the conditions of the Services and Activities Policy or that sufficient justification exists for an exception to those conditions:
- A statement of the activity’s purpose describing the goods and services it will provide.
- An analysis of costs (including rate calculation) and benefits of the service and of what alternatives exist through other sources to provide similar services. This comparison should also evaluate quality, price and convenience compared to services which could be purchased on the outside.
- Documentation showing the funding source or the extent to which the activity must be subsidized by the University, including required usage of University facilities and services and the intended disposition of any net income generated by the activity.
- Factors pertinent to the proposed or current activity which show how it affects the overall mission of the University.
- A statement describing the customers served, methods of customer solicitation and planned pricing policies.
- The activity description must be sent to the Assistant Comptroller for Financial Analysis or, if a Hospital activity, to the Director of Finance of University Hospitals. The Assistant Comptroller or Director of Finance should review the activity to ensure congruence with the policy on Services and Activities and to secure additional reviews from the General Counsel, the Director of Governmental Relations, Risk Management and Budget Office, as appropriate. Such reviews could turn up potential problems such as unrelated business income (by the General Counsel); political sensitivity to competition with private business (by Governmental Relations); uninsured risks (by Risk Management); and lack of funds to cover overhead (by the budget office).
- Upon completing this review, the Assistant Comptroller or Director of Finance must send a brief analysis of the proposal and recommendations for its adoption, modification, or rejection to the department head or dean. If the department head or dean proposes alterations in the proposal in response to the recommendations, the proposal goes back to step 2 of this process. If the Assistant Comptroller or Director of Finance recommends adopting the proposal, or if the department head or dean continues to support the program despite a negative recommendation, the activity description and the recommendations must be sent to the Senior Vice President and Chief Financial Officer.
- Existing Services and Activities
Services and activities provided by the University will be reviewed at least once every five years by the responsible Vice President to make sure they are in compliance with the intent and purpose of the University’s policy on Services and Activities. This review should include consideration of the information contained in an activity description as outlined in Paragraphs 1(a), 1(b), 1(c), 1(d) and 1(e) of Section II. A of this procedure.
The safety of the university community is protected by the reasonable regulation of weapons, fireworks, and explosives.
Members of the university community: The possession, storage, or use of any weapon by any university student, faculty, employee, trainee, or volunteer, except a law-enforcement officer, on university property is prohibited.
General public and visitors: The possession, storage, or use of any weapon by the general public or visitors, except a law-enforcement officer, on university property in academic, administrative, athletic, entertainment, or student residence buildings, child care or dining facilities, or the University Medical Center, or while attending sporting, entertainment, or educational activities is prohibited. 8 VAC 85-20-30.