Shenandoah University is committed to the development of personal and academic excellence in its students. As voluntary members of the university community, students are expected to act with civility and integrity towards other in the community. Students should engage vigorously in the varied opportunities provided to develop intellectual, personal, and professional skills. Accordingly, in order to promote an educational environment conducive to the university’s purpose, students at Shenandoah University should:

·         Commit themselves to learning and the pursuit of higher education

·         Prepare for, attend, and actively participate in scheduled classes

·         Conduct themselves with personal and academic integrity

·         Participate in the broad educational experience available to all member of the community through sponsored cultural and other education activities

·         Observe prescribed procedures and schedules for advisement, registration, and safety and security on the campus

·         Utilize, as necessary, various university services available to students such as academic, health, career, financial, emotional, and other support services

SHENANDOAH JURISDICTION

A student is subject to Shenandoah jurisdiction as long as he or she is registered or enrolled at the university. Any misconduct, which brings discredit upon Shenandoah, will subject the student to disciplinary actions. The Shenandoah administration reserved the rights to refuse enrollment at the beginning of any semester to students who, in its opinion, have failed to give evidence of constructive campus citizenship.

STUDENT RIGHTS

Shenandoah affirms the right of academic freedom for the university community. Freedom of assembly, freedom of the press and freedom of speech are constitutional rights. Shenandoah reserves the right to specify the time, place and manner of the exercise of these rights on university facilities. Shenandoah insists that every member of the university community abide by the laws of the United States, the Commonwealth of Virginia, and established institutional rules and regulations, including the Student Code of Conduct.

Members of the university community should be aware of the inherent responsibility of free speech and the possible consequences when free speech is used as a license to disrupt the normal academic activities of the institution. Demonstrations, which disrupt normal activities of the institution, will not be tolerated at Shenandoah. Any student who participates in any form of disruptive action is subject to immediate interim suspension and lawful prosecution in the courts. Shenandoah does not at any time tolerate and will not permit uninvited persons to remain on campus for the purpose of inciting student to disruptive activity. Any such person on campus will be prosecuted to the fullest extent of the law.

Students must make themselves aware of the philosophy, standards and rules of Shenandoah as contained in both the Academic catalog and Student Handbook. Criticism and suggestions are always welcomed; however, threats, disturbances, force of any kind by a single student, a minority or majority will not be tolerated. The trustees, administration, faculty and student body all have the obligation to protect the right of student to peaceful and orderly use of its resources, personnel, and facilities.

Shenandoah affirms the basic constitutional rights for all students and faculty. No student will be summarily dismissed without proof and a hearing. Each person subject to a hearing must be informed of the charges prior to that hearing. Witnesses may be called in the student’s defense. Witnesses should be identified and reference should be made to the university’s rule violated and the possible severity of such charges. The final authority in all hearings rests with the President, as delegated to him by the Board of Trustees.

Shenandoah affirms the right of every person to privacy in his/her room. A student’s room will only be entered for inspections or if there is reason to believe that a school regulation has been violated. Emergency inspections may be made anytime by the Vice President for Student Affairs, Director of Public Safety or the President.

Shenandoah affirms the right of each student to study or practice without undue restriction or disruption. It is the responsibility of Shenandoah to provide an atmosphere within its residence halls, library and practice areas, which is conducive to study.

Shenandoah believes all disruptive action should be controlled from within the Shenandoah community without involvement from outside authorities; however, if such instance should occur in which outside enforcement of basic laws in necessary, local law enforcement agencies will be contacted.

STUDENT COMPLAINT POLICY

Shenandoah University affirms the right of students to bring forth complaints and is committed to resolving these matters in a fair, equitable and timely manner, so as to protect the rights of both the individual and the community.

 This Complaint Policy applies to student complaints that are not addressed by the Academic Appeals Procedure, Americans with Disabilities Act, Honor Code, Student Conduct Code, Sexual Harassment Policy, student records policies, or any other existing formal procedure under which a complaint may fall.

Students are encouraged to attempt to resolve the issue directly with the member of the faculty, staff or administration involved in an informal manner.

If a satisfactory resolution cannot be reached informally, a student complaint will be heard and resolved by, to all extent possible, the senior faculty or staff member responsible for the area under which the complaint falls.

 If satisfactory resolution is not reached at that level, a student may submit his/her complaint in writing to the vice president responsible for the area under which the complaint falls. 

If satisfactory resolution is still not reached, a student may submit his/her complaint in writing to the president of the university, whose decision will be final.

Similarly, those outside of the university wishing to make a complaint against one of our students should attempt to resolve the issue directly with the student before moving to bring the issue to the attention of the appropriate dean or vice president.

 Any member of the Shenandoah Community may bring a complaint against a student for alleged misconduct. The accused student will be notified to report to the Student Affairs Office to respond to the allegations of misconduct. The student has the right to be accompanied by a member of the Shenandoah community. All statements made in the Student Affairs Office are admissible in subsequent hearing and appeal sessions.

 After interviewing the accused student and conducting further investigation as may be appropriate, the Vice President for Student Affairs or his/her designee may charge the student with a violation of Shenandoah University’s rules and regulations.

 If the student acknowledges responsibility for the violation, (either before or after the formal charge), the Vice President for Student Affairs or his/her designee will determine the appropriate sanctions. In the event the accused student chooses to contest the charges, he/she must select one of the following procedures to resolve the matter: (a) An Administrative Hearing Panel, or (b) Judicial Board Review. The accused student should sign a form [IC1] designating which process he/she chooses to follow within 24 hours of being charged.

ADMINISTRATIVE HEARING PANEL

PANEL STRUCTURE

The Administrative hearing Panel is appointed and chaired by the Vice President for Student Affairs or his/her designee. There are three members of the panel including the chairperson. Panel members are usually Student Affairs staff professional; however, other university staff and administrators may serve on the panel at the discretion of the chairperson.

 JURISDICTION OF THE PANEL

Any disciplinary case concerning a violation(s) of Shenandoah University rules and regulations can be heard by the Administrative Hearing Panel.

 AUTHORITY OF THE PANEL

The Administrative Hearing Panel has the authority to apply all Shenandoah University disciplinary sanctions except dismissal. These sanctions are described at the end of this section of the handbook. The panel must determine its findings and apply sanctions within two business days of the hearing.

 In cases in which the Panel believes that dismissal from the university is the appropriate sanction, the Panel will make its recommendation to the President. The President will review the findings of the Panel and determine the sanction(s). The panel must make its recommendation to the President within two business days of the hearing.

RULES AND PROCEDURES OF THE PANEL

1. The accused student will be given at least two days written notice of the panel hearing. The notice will state the charges or reason for the hearing and the date, time and location of the hearing. A student’s absence for the hearing does not imply guilt.
2. Panel Hearings will be closed. The Panel Chairperson and appointed Panel members, the accused  student, an instructor/staff friend of the accused student, the parent(s) of the accused student and witnesses for the accused will be permitted to attend the hearing. The accused, an instructor/staff friend of the accuser, parent(s) of the accuser and witnesses for the accuser will also be permitted to attend.
3. Parents may serve as advisors to their children, but will not provide testimony, question witnesses, or make public statement during the Hearing, except if asked by the Panel chairperson.
4. All evidence that is relevant, as determined by the Panel Chairperson, shall be heard.
5. Neither the accused nor accuser is permitted to have legal counsel present during preliminary meetings or disciplinary hearings.
6. The Hearing Panel must deliberate in private.
7. A decision will be made only on the basis of what is presented in the hearing.
8.  In determining the guilt or innocence of the accused student, the standard of proof is clear and convincing evidence.  The finding of responsibility which results in the sanction of a Formal Warning requires only a preponderance of the evidence.
9. The panel will not discuss cases after the hearing.
10. The Hearing will be recorded on tape. A written summary of the Hearing will be prepared. If the summary is approved by both the accuser and the accused, the tape will be destroyed. If the written summary is not approved by both parties, the tape will be maintained in the student Affairs Office until both the accuser and the accused have been dismissed, withdraw or graduate from Shenandoah University.
11. All persons testifying are reminded that they are under obligation to tell the truth.
12. The accused student has the right to face his/her accuser(s).
13. Testimony will be heard from the accuser, the accused and witnesses for both sides.
14. The accuser, the accused, and members of the Panel will have the right to question witnesses.
15. Records of the results of the case, the sanctions are covered under the FERPA and will not be disclosed to the public.

JUDICIAL BOARD

The Shenandoah University Judicial Board shall be comprised of nine (9) justices. They shall include a student Chief Justice, four (4) student representatives and four (4) faculty/staff representatives. All members of the Judicial Board shall be officially confirmed by the President’s Executive Council.

Selection of Justices

1. The Chief Justice shall be nominated by the President of the Student Government Association with the consent of the Student Government Association officers. This nomination shall be endorsed by the Senate and confirmed by the President’s Executive Council. The term of office shall be one year.
2. Four (4) student justices and four (4) student alternative justices shall be nominated by the Senate with two thirds majority voting in favor. The will serve a one year term.
3. The four (4) faculty/staff judges and four (4) faculty/staff alternates shall be appointed by the University Cabinet. They will serve a one year term.
4. Student Justices must have a 2.0 cumulative average and no prior judicial board offenses within one semester prior to appointment.
5. Any justice is automatically barred from hearing and deciding a case in which he/she is a party to the case being heard and decided. Any justice may voluntarily disqualify him/herself from a hearing and deciding a case if he/she has an interest in the case which would prevent him/her from arriving at an impartial decision. In cases of such disqualification, the Chief Justice shall appoint an alternate justice.
6. A quorum for the Judicial Board consists of five judges. Majority vote by the Judicial Board is required for any decision.
7. The Vice President for Student Affairs or his/her designee and Student Government association president are ex-officio members of the Judicial Board.
8. For infractions that may occur at times immediately prior to or during a break times, when it may not be possible to convene the appointed justices or  the alternate justices, the Vice President for Student Affairs or his/her designee shall appoint a special panel of 3 member of the Faculty and/or Administration to hear that particular case. The appointed special panel shall follow all rules and procedures set forth for elected justices.
9. If the Chief Justice is unable to preside, the Vice President for Student Affairs after consultation with the President of the Student Government Association, shall appoint an alternate from the elected justices.

Jurisdiction of the Judicial Board:

1. The Judicial Board may hear and render decisions in cases involving major infractions of Shenandoah University’s non-academic policies and regulations; those cases referred to it by the Student Affairs Office.
2. The Judicial Board may hear and render decision on charges and infractions of campus regulations involving both residential and commuting students.
3. This board may arbitrate disputes between two or more campus organizations and between a student and an organization.
4. The Judicial Board has primary jurisdiction in cases involving interpretations of the Student Government Association Constitution and by-laws.
5. The Judicial Board has the responsibility to make recommendations to the Vice President for Student Affairs regarding disciplinary action for students found guilty of charges brought against them. In cases where the Judicial Board believes that dismissal from the university is the appropriate sanction, The Board will make its recommendation within two (2) businesses days to the President. The President will review the findings of the Judicial Board and determine the sanctions.
6. The Judicial Board has the right to refuse to hear a case.

Judicial Board Rules and Procedures:

1. The accused student shall be given at least two (2 days written) notice of the hearing. The notice will state the charges or reason for the hearing and the time, date, and location of the hearing. A student’s absence from the hearing does not imply guilt.
2. All persons testifying shall be reminded that they are under obligation to tell the truth.
3. A hearing may be closed or open, depending on the discretion of the Judicial Board. This decision is based upon whether or not an open hearing would impede the efficiency of the board or if the case is of such a nature that it would be best handled confidentially. If the Judicial Board decides that a hearing should be closed, the student shall be entitled to the presence of a friend, instructor/staff or parent.
4. During a closed hearing, the only people to be present are the Judicial Board, Ex-officio members, Accused Student Complainant, Administrative representative, clerk, witnesses and a friend, Instructor/Staff or parent of the Accused Student.
5. The accused student has the right to face his/her accusers.
6. The appropriate college official, as designated by the Vice President for Student Affairs or his/her designee shall present the university case first. The accused student will then state his/her case, if any, secondly. All questioning or cross examination may come from the aforementioned university official, defense, or judge. Both sides shall have the opportunity to present closing arguments.
7. All evidence that is relevant, as determined by the Chief Justice, shall be heard.
8. Neither the accused nor accuser is permitted to have legal counsel present during the preliminary meetings or disciplinary hearings.
9. The Judicial Board must deliberate in private.
10. In determining the guilt or innocence of the accused student, the standard of proof is clear and convincing evidence.  The finding of responsibility which results in the sanction of a Formal Warning requires only a preponderance of the evidence.
11. Findings of the hearing must be produced on evidence presented in the hearing. A student’ past record may only be considered in giving the penalty.
12. Judges shall not discuss cases after the hearing.
13. Records of the hearing along with findings and sanctions, will be confidential and  is subject to FERPA regulations.

Any student found guilty of violating any of the regulations of policies of the university may be subject to one or more of the following sanctions:

Fines-Fines shall be no less than $5 and no greater than $250 depending upon the severity of the infraction. All payments are to be made to the Business Office within two weeks of notification. Failure to pay the fine will result in further judicial action and the imposition of more severe sanctions.

Restitution-Reimbursement by the student to the university or member of the Shenandoah community to cover the cost of damage or loss of community or personal property.

Confiscation-Shenandoah has the right to confiscate any item that may violate health or safety standards.

Warning-A student may be placed on Social Warning for unsatisfactory conduct when it is felt that the offense does not warrant Social Probation. If another infraction of school rules occurs, a student may be placed on Social Probation, suspension, or dismissal.

Probation-A student may be placed on Social Probation for offenses of a major nature but less severe than suspension or dismissal. The student on probation may not hold an elected or appointed student office and if another infraction of the rules occurs, the student may be suspended or dismissed from the university.

Community Sentencing-A student is required to serve a work sentence to perform a specified hours of work under suspension of a campus administrative officer.

Residence Hall Suspension-A student must vacate the residence halls for a specified period of time. The student will not be allowed to attend any social function that is sponsored by the school regardless of where it occurs. The student is usually allowed to attend classes and to use the library, cafeteria and practice rooms during the time of the suspension.

Immediate Interim Suspension-In the event that a student’s actions on or off campus are of such a nature that the student constitutes a danger to property or to others on campus, the student may be immediately placed on interim suspension. Such a student may be suspended from university housing, campus, and/or all related activities until such time as a disciplinary hearing may be held and concluded. The student has the right to prompt hearing.

This action will be taken by the Vice President for Student Affairs or his/her designee with the approval of the President.

Suspension-Requires separation from the campus for a designated period of time (total removal from Shenandoah University premises).

Any student suspended or dismissed for social reasons will receive a “W” or “WF” in the courses (as determined by each of the student’s instructors) in which he/she was enrolled if he/she is unable to complete the semester because of the suspension. Based on university guidelines Student Affairs office will determine which form of Suspension is appropriate in each case.

Dismissal-Dismissal is ordinarily permanent. It is imposed for major violation of rules or at any time it is determined that a student’s continued presence is detrimental to the student body, reputation and ideals of the university. This action is taken only with the approval of the President.

THE STUDENT RIGHT TO KNOW AND SECURITY ACT

In compliance with its duties under federal law, Shenandoah University makes annual disclosures of campus crimes statistics. A copy of the annual campus crime statistics may be obtained for Student Affairs, Admissions, and Personnel Offices viewed on the university web site (http://www.su.edu/studaffs/security/asreport.asp).