Skip to main content

Background Image for Header:

Office of Student Conduct

The Office of Student Conduct provides leadership to ensure the College is a living-learning community.

This office will strive to foster a campus community that protects the health, welfare, safety, property, and rights of all members.

This form is to submit a complaint regarding an alleged violation of the Campus Student Code. If you would like to appeal a decision on an existing case, you can find that link in the decision letter you received from the Office of Student Conduct. 

Submit a Complaint 


Student Code Administrator: Kara M. Anderson

Office Location: Reynolds Hall, Room 104D

Telephone Number: (304)788-6910

Email:  KAAnderson@mail.wvu.edu


Student Conduct Code and Discipline Procedure / WVU Potomac State College Division of Student Life

Section 1: General

1.1 - Purpose: To establish written rules, regulations, and procedures concerning student conduct and discipline for West Virginia University/Potomac State College (“College”).

1.2 - Authority: Board of Governors Policy 31

1.3 - Scope: This code applies to all students associated with West Virginia University/Potomac State College under the authority of the West Virginia University Board of Governors.

1.4 - Effective Date: August 12, 2013; amended August 21, 2015; amended July 8, 2016; amended May 11, 2017.

Section 2: Definitions

2.1 - “Campus” means the campus of West Virginia University/Potomac State College.

2.2 - The definitions set forth in Section 3 of West Virginia University Board of Governors Policy 31, University Student Conduct and Discipline Policy, are incorporated by reference as if fully set forth herein.

Section 3: Establishment of Student Code

3.1 - The Dean of Student Life, as the Campus President’s designee for the college, hereby establishes the following written rules, regulations, and procedures concerning student conduct and discipline (“Student Code”).

Section 4: Student Code Administrators

4.1 - The professional staff member of the Office of Student Conduct shall serve as the Student Code Administrator for the College and shall be available to assist any student, student organization, staff member, faculty member, or administrator in understanding and applying the Student Code.

4.2 - 2 The Office of Student Conduct is located next door to the University Police department; this office shall be the official repository for all conduct-related materials concerning students associated with the College.

4.3 - Requests for conduct-related materials concerning students associated with the College should be made to the Coordinator of Student Conduct who is the custodian of such materials.

4.4 - The Student Code Administrator is charged with the following duties, which shall be undertaken in a manner to ensure the fair administration of this Student Code: (1) Advise any segment or individual within the College wishing to bring charges against one or more students; (2) Inform any student against whom charges have been brought of substantive rights, due process rights, and procedures forthcoming, including the right of appeal; (3) Advise the chairperson of the appropriate hearing board and assist the chairperson and members of the hearing board in setting up the hearing, being certain that all conditions of the Board of Governors and West Virginia University/Potomac State College for such procedures are met; (4) Prepare all papers necessary for the hearing and resultant from the hearing for appropriate dispensation and signature; (5) Assist in the appointment of the hearing bodies and provide and/or coordinate training opportunities for all members, both student and faculty; (6) Attend hearings, present the facts and information obtained from the investigation on behalf of the College, ask questions of witnesses, and have administrative responsibility for maintaining all confidential files, audio recordings, other electronic media, and documents which result.


Section 5: Jurisdiction of the Student Code

5.1 - This Student Code shall apply to conduct that occurs on College premises; at College sponsored activities; to conduct that does not occur on College premises but adversely affects or interferes with the educational or orderly operation of the College, its mission, or the pursuit of its objectives; to conduct that does not occur on College premises but, in light of all of the facts and circumstances, would endanger the health, safety, or property of the College, the College Community, or its neighboring communities; and to conduct that occurs on or off of College premises or property which violates federal, state, or local laws, policies of the West Virginia University Board of Governors, institutional or campus rules or regulations, directives of College officials, including failing to observe standards of conduct which are appropriate for an academic institution.

5.2 - Conduct from the time of application for admission through the actual awarding of a degree, even if conduct occurs before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment is subject to this Student Code. The Student Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending, and even if the student’s conduct is not discovered until after a degree is awarded.

5.3 - This Student Conduct Code shall apply to all students enrolled in undergraduate programs; and to all student organizations, as further outlined in Section 15. Academic and professional standards of conduct will also apply to students enrolled in programs that have adopted such standards, i.e., all students are subject to this Student Code and some students may be concurrently subject to additional standards as determined by the respective Colleges, Schools, and academic programs.

Section 6: Prohibited Conduct

6.1 - General - All students of the College and, to the extent applicable, all student organizations are expected and required to obey federal, state, and local laws, to comply with the policies of the West Virginia University Board of Governors, with institutional or campus rules and regulations, with directives issued by any College official, and to observe standards of conduct appropriate for an academic institution.

6.2 - Specific Acts - A student and, to the extent applicable, any student organization that commits any of the following acts is subject to sanction by the College:

a. Sexual misconduct. “Sexual misconduct” is defined in West Virginia University Board of Governors Policy 44.

b. Prohibited drug related conduct. “Prohibited drug related conduct” means (1) possessing; (2) manufacturing; (3) producing; (4) distributing; (5) selling; (6) possessing with the intent to distribute or sell; or (7) being under the influence of any illicit drug, synthetic drug, or other controlled substance. It also means (8) using any prescribed drug in a manner inconsistent with the prescription; (9) driving or operating a vehicle while under the influence of any illicit drug, synthetic drug, or other controlled substance; or (10) intentionally or recklessly inhaling, ingesting, or using in any manner inconsistent with its purpose any chemical, liquid, substance or other compound.

c. Prohibited alcohol related conduct. “Prohibited alcohol related conduct” means violating West Virginia University Board of Governors Policy 18 or being a student (1) under the age of twenty-one, who consumes or possesses alcohol; (2) who gives alcohol to a person under the age of twenty-one; (3) who drives or operates a vehicle while under the influence of alcohol; (4) who is in public or on College premises in an intoxicated condition; or (5) who possess an open container of alcohol, regardless of their age, in or on any public sidewalk, street, or other place.

d. Impermissible burning. “Impermissible burning” means (1) setting fire to; (2) causing a fire to be set to; or (3) aiding, inciting, enticing, or soliciting any person to set fire to furniture, vehicles, garbage, dumpsters, garbage receptacles, construction material, rubbish, debris, brush, or any other material, unless specifically permitted. “Impermissible Burning” also means contributing or adding furniture, vehicles, garbage, dumpsters, garbage receptacles, construction material, rubbish, debris, brush, or any other material to a fire that has already been set, unless specifically permitted.

e. Riotous behavior and hooliganism. “Riotous behavior and hooliganism” means participation in a disturbance of two or more persons acting with the common purpose to commit or incite any action that threatens, presents a danger to, or terrorizes the public. However, riotous behavior and hooliganism does not mean peaceful demonstrations, peaceful picketing, a call for a peaceful boycott, or other forms of peaceful dissent.

f. Aiding, abetting, assisting, or facilitating prohibited behavior. “Aiding, abetting, assisting, or facilitating prohibited behavior” means to be actively associated with or actively encouraging another person or persons whose behavior is in violation of this Student Code, College policy, or the law.

g. Assault or battery. “Assault” means attempting to commit a violent injury to another person or committing an act that places another person in reasonable apprehension of immediately receiving a violent injury. “Battery” means intentionally making physical contact of an insulting or provoking nature with another person or intentionally causing physical harm to another person.

h. Misconduct at University athletic events, concerts, or other events. For purposes of this subsection only, “misconduct” means failing to follow event or venue rules or guidelines or interfering in any way with the athletic event, concert, or other event, including, but not limited to, throwing objects into a crowd, at another person, or onto a playing field, court, or stage, or acting in a manner that reasonably interferes with others’ enjoyment of the athletic event, concert, or other event.

i. Violation of West Virginia University Board of Governors policies, institutional rules and regulations, or campus rules and regulations. “Violation of West Virginia University Board of Governors policies, institutional rules and regulations, or campus rules and regulations” means engaging in conduct that violates West Virginia University Board of Governors policies, institutional rules and regulations, or campus rules and regulations. A charge alleging a violation of a College policy, rule, or regulation shall identify the policy, rule, or regulation violated.

j. Violation of federal, state, or local law. “Violation of federal, state, or local law” means engaging in conduct that violates federal, state, or local law whether such conduct takes place on campus or off campus or whether civil or criminal penalties may also be imposed for such conduct. A violation of this provision is not predicated upon a final determination by a court of law. In other words, it is not necessary for a student to have been actually found to have violated a federal, state, or local law by a court of law in order to be disciplined under this Student Code. It is only necessary that a student be found to have engaged in such prohibited acts by processes under the Student Code. It is specifically noted here that the standard of proof in the Student Code process is distinct and different from what is applied in criminal federal, state, and local law violations. A charge alleging a violation of a federal, state, or local law shall identify the federal, state, or local law violated.

k. Endangerment. “Endangerment” means engaging in conduct that endangers the health or safety of any person, or causes a reasonable person to fear for his/her safety or the safety of another.

l. Obstruction or disruption. “Obstruction or disruption” means acting alone or in concert with others to unreasonably obstruct, disrupt, or interfere with a teaching, educational, research, administrative, disciplinary, public service, other activity or public performance authorized to be held or conducted on or off campus, or the duties or actions of public safety officials. Obstruction or disruption includes, but is not limited to, (1) misconduct in the classroom; (2) any act that interrupts, modifies, or damages the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions; (3) any act that damages or interferes with a utility service or equipment, communication service or equipment, College computers, computer programs, computer records or computer networks accessible through the College’s computer resources; or (4) any action of a student that fails to comply with lawful directions of College officials or law enforcement officers acting in the performance of their duties.

m. Indecent exposure. “Indecent exposure” means exposure of the private or intimate parts of the body in public or in private premises when such exposure may be readily observed by others without consent.

n. Obscene conduct. “Obscene conduct” means conduct which the average individual applying contemporary College standards would find (i) taken as a whole, appeals to the shameful or morbid interest in sex; (ii) depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated; and (iii) the matter, taken as a whole, lacks serious literary, artistic, political or scientific value

o. Theft. “Theft” means the taking of possession of the property of another without consent.

p. Damage, vandalism, or misuse of property. “Damage, vandalism, or misuse of property” means destroying or otherwise rendering another person’s property unusable for its intended purpose.

q. Prohibited computer or electronic activity. “Prohibited computer or electronic activity” means (1) unauthorized entry into a file to use, read, change the contents, or other purpose; (2) unauthorized transfer of a file; (3) unauthorized use of another individual’s identification and password; (4) use of a computer or other electronic device to unreasonably interfere with the work of another student, faculty member, or University official; (5) use of a computer or other electronic device to send obscene or abusive messages; (6) use of a computer or other electronic device to unreasonably interfere with the normal operation of the College’s network; or (7) use of a computer or other electronic device in violation of copyright laws.

r. Tampering with emergency response equipment. “Tampering with emergency response equipment” means interfering with or unnecessarily using a fire-alarm system, sprinklers, smoke detectors, fire-fighting equipment, or any other public safety or emergency call device.

s. Making false reports. “Making false reports” means reporting an emergency, crime, fire or that a bomb or other explosive has been placed on premises when knowing such a report is wrong or inaccurate.

t. Hazing. “Hazing” means any action or situation which (1) endangers or adversely affects the mental or physical health or safety of another person or persons; (2) would cause extreme embarrassment or adversely affect the dignity of another person or persons; or (3) causes another person or persons to destroy or remove public or private property. This includes, but is not limited to, any brutality of a physical nature, such as whipping, beating, branding, forced consumption of any food, alcohol, drug or other substance, any activity which would subject an individual or individuals to extreme mental stress, such as sleep deprivation or forced exclusion from social contact. Hazing with or without the consent of a student is prohibited. Initiations or activities of student organizations are prohibited from including any feature that is dangerous, harmful, or degrading to the student. A violation of this prohibition renders both the organization and participating individuals subject to discipline. Any student who knowingly witnesses or acquiesces in the presence of hazing is also subject to discipline.

u. Stalking. “Stalking” is defined in West Virginia University Board of Governors Policy 44.

v. Harassment. “Harassment” is defined in West Virginia University Board of Governors Policy 44.

w. Discrimination. “Discrimination” is defined in West Virginia University Board of Governors Policy 44.

x. Domestic misconduct. “Domestic misconduct” is defined in West Virginia University Board of Governors Policy 44.

y. Retaliation. “Retaliation” is defined in West Virginia University Board of Governors Policy 44.

z. Academic dishonesty. The term “academic dishonesty” means plagiarism; cheating and dishonest practices in connection with examinations, papers, and/or projects; and forgery, misrepresentation, or fraud as it relates to academic or educational matters.

  1. The term “plagiarism” means the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment, including, but not limited to, the unacknowledged use of materials prepared by another individual engaged in the selling of term papers or other academic materials.
  1. The terms “cheating and dishonest practices in connection with examinations, papers, and/or projects” means (i) giving or receiving of any unauthorized assistance in taking quizzes, tests, examinations, or any other assignment for a grade; (ii) depending upon the aid of sources beyond those authorized by the instructor in quizzes, tests, examinations, writing papers, preparing reports, solving problems, or carrying out other assignments; (iii) the acquisition or use, without permission, of tests or other academic material belonging to a member of the College faculty or staff; or (iv) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
  1. The terms “forgery, misrepresentation, or fraud as it relates to academic or educational matters” means (i) wrongfully altering, or causing to be altered, the record of any grade or other educational record; (ii) use of College documents or instruments of identification with the intent to defraud; (iii) presenting false data or information or intentionally misrepresenting one’s records for admission, registration, or withdrawal from the College or from a College course; (iv) knowingly presenting false data or information or intentionally misrepresenting one’s records for personal gain; (v) knowingly furnishing the results of research projects or experiments for the inclusion in another’s work without proper citation; or (vi) knowingly furnishing false statements in any College academic proceeding.

aa. Tampering with or falsifying an official record. “Tampering with or falsifying an official record” means altering or assisting in the altering of any official record of the College or submitting false information or omitting requested information that is required for or related to an application for admission, the awarding of a degree, or any official record of the College. This conduct may result in a prohibition against readmission, revocation of degree, and/or withdrawal of diploma.

bb. Intrusion of Privacy. “Intrusion of privacy” means unreasonably invading the private domain or seclusion of another by any means, including observation, videotaping, audio taping, photographing, or capturing the actions, image, audio, or likeness of any other member of the College community without permission or knowledge, when such member of the College community has a reasonable expectation of privacy.

cc. Possession of deadly weapons or destructive devices. “Possession of deadly weapons or destructive devices” means possessing or using any type of deadly weapon, firearm, imitation firearm, ammunition, explosive, firework, dangerous chemical, or other destructive device while on College premises. “Firearm” means any item which will or is designed to or may readily be converted to expel a projectile by the action of an explosive. “Deadly weapon” means any device, instrument, material, substance, or object, whether animate or inanimate, designed to be used to produce serious bodily injury or death or is readily adaptable to such use. This provision does not apply to those individuals specifically permitted by College policy or procedure to possess such items.

dd. Trespass. “Trespass” means to enter or remain without consent or lawful purpose in any building, room, structure, facility, vehicle, construction area, roof top, or other premises.

ee. Unauthorized Use of Keys or Other Access Devices. “Unauthorized use of keys or other access devices” means to possess, duplicate, or use a key or other access device, including an electronic keycard or other device used to grant access, to any building, room, structure, facility, vehicle, construction area, roof top, or other related premises without proper authorization.

ff. Attempting to engage in an act prohibited by the Student Code. An “attempt” is defined as conduct that, if successful, would constitute or result in the prohibited conduct. Any student who abandons an attempt or prevents the prohibited conduct from occurring under circumstances that demonstrate a complete and voluntary renunciation of the prohibited conduct will not be subject to disciplinary action.

gg. Abuse of the Student Code. “Abuse of the Student Code” means any of the following:

  1. Failure to obey the notice from a Student Code Administrator or other College official to appear for a meeting or hearing concerning violations of the Student Code
  1. Falsification, distortion, or misrepresentation of information at any point in the student conduct process.
  1. Disruption or interference with the orderly conduct of a Student Code proceeding.
  1. Initiating a Student Code proceeding in bad faith.
  1. Attempting to discourage or discouraging an individual’s proper participation in, or use of, Student Code proceedings.
  1. Retaliating against an individual because of the individual’s participation in, or use of, Student Code proceedings.
  1. Attempting to influence or influencing the impartiality of a member of a Hearing Panel prior to, and/or during the course of, a Student Code proceeding.
  1. Harassment (verbal or physical) and/or intimidation of a member of a Hearing Panel prior to, during, and/or after any Student Code proceeding.
  1. Influencing or attempting to influence another person to commit an abuse or violation of the Student Code.
  1. Failing to comply with one or more sanctions imposed under the Student Code.
  1. Knowingly violating the terms of a disciplinary sanction imposed in accordance with the Student Code.


Section 7: Sanctions

7.1 - It is expected that the Student Code Administrator and/or the Hearing Panel will impose or seek a sanction that is fair under the circumstances. To that end, a student found responsible for a violation or violations of the Campus Student Code shall be subject to sanctions commensurate with the offense with consideration given to any aggravating and mitigating circumstances, including the student’s conduct record. A student who receives a period of suspension as a disciplinary sanction is subject to further disciplinary action for prohibited conduct that takes place during the period of suspension. Sanctions available for violations of the Student Code include any of the following:

a. Expulsion: Permanent separation of the student from West Virginia University and its divisional campuses. Permanent notification will appear on the student’s transcript. The student may be denied access to College premises, provided that such restrictions are stipulated in the Outcome Letter and bear a reasonable relationship to the violation. If a student is expelled, the student will not receive a refund of any tuition or fees that have been paid to the College.

b. Suspension: Separation of the student from West Virginia University and its divisional campuses for a specified period of time. Permanent notification will appear on the student’s transcript. The student may be denied access to College premises and to all other College activities or privileges for which the student might otherwise be eligible, provided that such restrictions are stipulated in the Outcome Letter and bear a reasonable relationship to the violation. Suspended time will not count against any time limits for completion of a degree. If a student is suspended, the student will not receive a refund of any tuition or fees that have been paid to the College.

c. Deferred Suspension: The student will be officially suspended from West Virginia University and its divisional campuses for a definite interim time period and given a certain set of expectations, but the suspension will be deferred and does not go into effect as long as the student complies with all requirements during the interim period. In those cases where the student completes all expectations during the interim period, the student’s record will show that the sanction was never imposed. In the event that a student fails to comply with a sanction and the Office of Student Conduct has decided to impose a suspension, the student will be notified of the apparent failure to comply and of the intent to suspend, and provided an opportunity to meet and explain the circumstances prior to a final decision.

d. Probation: A written reprimand for prohibited conduct that specifies a designated period of time and includes the probability of more severe disciplinary sanctions if, during the designated probationary period, the student violates any applicable law or fails to comply with the policies of the West Virginia University Board of Governors, with institutional or campus rules and regulations or with directives issued by any College official acting in the course of his or her authorized duties.

e. Warning: A notice in writing to the student that the student is violating or has violated Board of Governors policies, institutional rules and regulations, or the Student Code, and that any further prohibited conduct may result in more severe disciplinary action.

f. Loss of Privileges: Denial of specified privileges for a designated period of time.

g. Restitution: Students may be required to make payment to the College or to other persons, groups, or organizations for loss, damage, or injury incurred as a result of a violation of any Student Code. This may take the form of appropriate service and/or monetary or material replacement. Once restitution is satisfied, the student must provide documentation to the Office of Student Conduct.

h. Revocation: Admission to the College may be revoked for a violation of the Code if the violation was committed before the student arrives on campus. Likewise, a degree awarded from the College may be revoked for a violation of the Code if the violation was committed before the student graduates.

i. Other Sanctions: Other sanctions may be imposed instead of or in addition to those specified. For example, students may be subject to dismissal from College housing for disciplinary violations which occur in the residence halls. Likewise, community service, educational classes, fines (if such fines are established by the Office of Student Conduct), and other work or research projects may also be assigned.

j. No Contact Order: Students may be issued a permanent no contact order, which is a directive to refrain from any intentional contact, whether direct or indirect, with one or more designated persons or group(s) through any means, including, but not limited to, personal contact, e-mail, telephone, social media or third parties.

7.2 - Attempts to commit acts prohibited by a Student Code may be punished to the same extent as completed violations.

7.3 - Repeated or aggravated violations of any section of this Student Code may also result in expulsion or suspension or in the imposition of such lesser penalties as may be appropriate

7.4 - Sanctions for prohibited conduct occurring off campus shall not be more severe than for similar on-campus conduct.

7.5 - Misconduct, other than constitutionally protected expression, motivated by bias based on race, color, national origin, ancestry, age, physical or mental disability, marital or family status, pregnancy, veteran status, service in the uniformed services (as defined in state and federal law), religion, creed, sex, sexual orientation, genetic information, gender identity, or gender expression should be considered an aggravating factor for sanctioning.

Section 8: Interim Suspension

8.1 - Imposition of Interim Suspension. The Student Code Administrator may impose an interim suspension prior to a formal hearing or other disposition of allegations against a student when the Student Code Administrator has reasonable cause to believe that a student’s presence on College premises presents: (a) a significant risk of substantial harm to the student, other individuals, or property; or (b) an ongoing threat of disrupting the normal operations of the College.

8.2 - Conditions of Interim Suspension. Such immediate interim disciplinary action may be taken as is appropriate under the circumstances for a time period and under those conditions as may be determined by the Student Code Administrator in order to ensure the safety and well-being of members of the College community or to preserve College property; to ensure the student’s own physical or emotional safety and well-being; or to deter a threat of disruption or interference with the normal operations of the College. During an interim suspension, the suspended student may be denied access to all or some of the property owned or controlled by the College and to some or all other College activities or privileges for which the student might otherwise be eligible, provided that such restrictions are stipulated in the interim suspension notice.

8.3 - Procedure for Interim Suspension.

a. Notice. If the Student Code Administrator imposes an interim suspension, then the student will receive written confirmation of the interim suspension. The notice will state the facts and circumstances warranting the interim suspension, the conditions of the interim suspension, that an administrative hold will be placed on the student’s account, and the student’s review rights.

b. Review. Within three (3) academic days of the imposition of the interim suspension, the student may petition the Dean of Student Life or designee to review the reliability of the information concerning the alleged harm or ongoing threat. The petition for review must be in writing and may include evidence supporting the student’s position that the student does not pose or no longer poses a significant risk of substantial harm to the individual, others, or property or an ongoing threat of disrupting the normal operations of the College.

c. Final Determination. If, after considering the petition for review and evidence, the Dean of Student Life or designee affirms the decision to interim suspend, the matter will proceed promptly to a hearing without undue delay, unless additional time is requested by the student. However, if, after considering the petition for review and evidence, the Dean of Student Life or designee determines that the student has established by a preponderance of the evidence that the student does not pose or no longer poses a significant risk of substantial harm to the individual, others, or property or an ongoing threat of disrupting the normal operations of the College, the interim suspension will be lifted and the matter will proceed according to the normal process, up to and through a hearing, if required.

Section 9: Conduct Process 1

9.1 - Complaints or Allegations of Misconduct

9.1.1 - Any member of the College community who believes that a violation of the Student Code has occurred may file a complaint with the Office of Student Conduct. Complaints of student

1Note: Certain modifications apply in cases where the complaint or allegation involves discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation, as defined in Policy 44. Please see Section 11 for more details.

9.1.2 - Regardless of whether a formal complaint is ever filed, allegations of student misconduct, from any credible source, will be reviewed by the Student Code Administrator, or other appropriate personnel.

9.1.3 - No complaint or allegation of misconduct will be investigated more than one (1) year after the alleged misconduct took place or after the alleged misconduct should have been discovered, unless good cause is shown for the delay.

9.2 - Investigation

9.2.1 - The College or, in certain circumstances, an investigator appointed by the College, shall investigate each formal complaint or allegation of student misconduct from a credible source. The investigator may summon by written or electronic request any member of the College community for a meeting for the purposes of investigating and/or discussing allegations of prohibited conduct, whether such allegations have been formally submitted or have otherwise been made known to the investigator

9.2.2 - If, after investigating the complaint or allegation of student misconduct, the College finds that it is reasonable to believe that the accused student violated the Student Code, then charges will be brought against the student.

9.2.3 - If, after investigating the complaint or allegation of student misconduct, the investigator does not find that it is reasonable to believe that the student violated the Student Code, then the complaint or allegation will be dismissed. In the event the complaint or allegation is dismissed, the College shall indicate the reason for the dismissal and notify the accused student in writing.

9.3 - Notice of the Charge

9.3.1 - If it is reasonable to believe that a violation of the Student Code has occurred, then the Student Code Administrator shall prepare a formal written charge of alleged prohibited conduct (“Charge”).

9.3.2 - The Charge shall be provided to any student suspected of prohibited conduct as soon as possible after the investigation is concluded.

9.3.3 - The Charge shall be addressed to the student who allegedly violated the Student Code (“Accused Student”) and shall include a brief outline of the facts upon which the Charge is based and potential sanctions which may result if the Accused Student is found responsible.

9.3.4 - In deciding potential sanctions, the Student Code Administrator may consult with the appropriate College and /or West Virginia University officials and ensure that the sanctions sought are commensurate with the alleged violations and the Accused Student’s prior student code of conduction violations, if any.

9.3.5 - The Charge shall be delivered electronically to the Accused Student through the College’s designated student email system regardless of where the student resides or, if necessary, by any other means reasonably designed to ensure the Accused Student receives it.

9.3.6 - The Charge shall include written notice to the Accused Student that prior student code violations may be considered in the determination of sanctions and that the Accused Student will be provided an opportunity to address any such information.

9.3.7 - The Charge shall identify a date and time for the Accused Student to meet with the Student Code Administrator, or other appropriate personnel, to discuss the Student Code, its procedures, and the remedial options available to the Accused Student, including whether the Student Code Administrator and the Accused Student can agree on the facts and, if warranted, identify a mutually agreeable sanction to be imposed.

9.4 - Agreed Resolution

9.4.1 - In all situations, including where suspension or expulsion is an available sanction, the Student Code Administrator and the Accused Student may agree on the facts and, if warranted, identify a mutuallyagreeable sanction(s) to be imposed. In such a case, the agreed upon facts and sanction(s) shall be reduced to writing, dated, and signed by the Accused Student (“Agreed Resolution”).

9.4.2 - An Agreed Resolution shall be final and not subject to any subsequent proceedings, unless the Accused Student submits a written objection to cancel the Agreed Resolution to the Student Code Administrator within one (1) calendar day of the date it was signed. If the Accused Student objects to the Agreed Resolution and no further agreement can be reached, the matter shall proceed in accordance with 9.4.3 or 9.4.4 below.

9.4.3 - In situations where the Student Code Administrator and the Accused Student cannot agree on the facts and the sanction(s) to be imposed and neither expulsion nor suspension is sought as a sanction, the case shall continue to a Conduct Conference.

9.4.4 - In situations where the Student Code Administrator and the Accused Student cannot agree on the facts and the sanction(s) to be imposed and expulsion or suspension is sought as a sanction, the case shall be referred to a Hearing Panel for formal review.

9.5 - Conduct Conference

9.5.1 - The administrative disposition of complaints not seeking suspension or expulsion shall be handled by an informal conference between the Accused Student and the Student Code Administrator (“Conduct Conference”). The Conduct Conference will be used for determining responsibility and a sanction for matters or situations in which the alleged actions, if true, would not justify a suspension or an expulsion.

9.5.2 - Opportunity to Present Evidence. During a Conduct Conference, an Accused Student will be given an opportunity to present evidence to the Student Code Administrator to determine whether the Accused Student is responsible for violating the Student Code as accused.

9.5.3 - Notice of Outcome. After consideration of the evidence, the student is entitled to written notification of the outcome of the Conduct Conference (“Outcome Letter”). The Student Code Administrator’s determination of responsibility shall be based on a preponderance of the evidence. Each Outcome Letter shall plainly state the decision and shall plainly state the rationale for the decision; in the event that the student is found responsible for any part of the Charge, the Outcome Letter will include a brief statement of the facts relied upon by the Student Code Administrator, the assigned sanction, and an explanation of appeal rights.

9.5.4 - Appeal. The Outcome Letter that is issued following a Conduct Conference may be appealed in accordance with Section 10 below.

9.6 - Pre-Hearing Procedures for Charges Seeking Expulsion or Suspension.

9.6.1 - Scheduling. When necessary, a hearing shall be scheduled by the Student Code Administrator not fewer than ten (10) nor more than fifteen (15) calendar days following the attempt to reach an Agreed Resolution. Maximum time limits for scheduling of hearings may be extended at the discretion of the Student Code Administrator.

9.6.2 - Hearing Notice

a. The Student Code Administrator shall prepare a written notice of hearing (“Hearing Notice”) that sets forth the date, time, location of the scheduled hearing, and anticipated witnesses that will be relied upon by the College to prove the alleged conduct.

b. Identification of witnesses by the Student Code Administrator is not a guarantee or assurance that such witnesses will appear or be called at the hearing.

c. The Hearing Notice shall be delivered electronically using the College’s designated student email system to the Accused Student and any other student-witnesses or, if necessary, by any other means reasonably designed to ensure the appropriate individuals receive notice.

9.6.3 - Request for Separate Hearings. For matters involving more than one Accused Student, the students may request separate hearings; such requests shall be granted by the Student Code Administrator unless such arrangements cannot be accommodated for good cause.

9.6.4 - Evidence & Witnesses

a. At least two (2) academic days prior to the scheduled hearing, the Accused Student shall submit to the Student Code Administrator and the Student Code Administrator shall send to the Accused Student the names, applicable contact information, and purpose of any witnesses that they intend to rely on at the hearing.

b. At least two (2) academic days prior to the scheduled hearing, the Accused Student shall submit to the Student Code Administrator and the Student Code Administrator shall submit to the Accused Student all documentary evidence (pertinent records, information, and written statements) that is to be considered by the Hearing Panel.

c. Prospective witnesses, other than the Complainant(s) or other Accused Students, may be sequestered from the hearing during other witnesses’ testimony. Cell phones and other electronic devices may be secured by reasonable means determined by the Chair prior to hearing in order to eliminate texting or e-mailing information about the hearing to other witnesses. The devices will be returned to each witness after they have been excused from the hearing.

9.7 - Selection of the Hearing Panel for Charges Seeking Expulsion or Suspension

9.7.1 - Members of the College’s Student Conduct Board shall constitute the pool of potential members of the College community who will ultimately evaluate the facts and circumstances related to each specific matter of student misconduct (“Hearing Panel”). The College’s Student Conduct Board consists of: no less than five faculty members, one of which who serves as faculty chairperson, who are nominated and approved by the Faculty Assembly in the fall of each year to serve a one year term from September 1 to August 31; and no less than five students, who are nominated and approved by the Student Government Association in the fall of each year to serve a one-year term, from September 16 to September 15. For so long as the membership of the Student Conduct Board is consistent with this section, that Committee shall serve as the pool for each Hearing Panel.

9.7.2 - Each Hearing Panel shall be composed of three members chosen from Student Conduct Board Membership List.

9.7.3 - Individuals selected to serve on a Hearing Panel shall maintain high ethical standards and in so doing, agree to be bound by a Code of Ethical Standards prepared by the Student Code Administrator, and attached here as Appendix 1.

9.7.4 - At a minimum, each Hearing Panel shall be comprised of at least one student and a faculty majority.

9.7.5 - One faculty member on a Hearing Panel shall serve as the Chair of the Hearing Panel (“Chair”).

9.7.6 - Prior to the hearing, the Accused Student will have an opportunity to review a list of the potential Hearing Board members and will be given an opportunity to strike a maximum of two members from consideration for the Hearing Panel that will hear the Accused Student’s case. Each remaining member of the Student Conduct Board Membership shall recuse themselves if, for any reason, their ability to render an unbiased decision is compromised.

9.7.7 - Notwithstanding anything else in this Code, the College reserves the right to select appropriate individuals to serve on a Hearing Panel in order to ensure that both the due process rights of the Accused Student and the fairness of the process are preserved.

9.8 - Hearing Procedures for Charges Seeking Expulsion or Suspension

Hearings shall be conducted according to the following:

a. Hearings shall be conducted in private.

b. The Student Code Administrator will present the facts and information obtained from the investigation to the Hearing Panel on behalf of the College.

c. The Accused Student and the Student Code Administrator may make statements and ask questions of witnesses.

d. All procedural questions are subject to the final decision of the Chair of the Hearing Panel.

e. Formal rules of evidence shall not apply, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to a student or the College results. Rather, the Chair shall have the authority to decide any issues regarding relevancy or admissibility that may arise during the hearing.

f. The Chair shall have the authority to discharge or to remove any person whose presence is deemed unnecessary or obstructive to the proceedings.

g. The Hearing Panel may ask questions of a witness. Questioning of witnesses will be conducted in a format identified by the Chair.

h. Consideration of all evidence by the Hearing Panel shall be at the discretion of the Chair.

9.9 - Attendance

If an Accused Student, after receiving a Hearing Notice, does not appear for a hearing, the hearing will proceed without the Accused Student. However, no inference may be drawn against an Accused Student for failing to attend a hearing and no decision shall be based solely on the failure of the Accused Student to attend the hearing.

9.10 - Legal Counsel of Advisors

The Accused Student and any other student participating in the conduct process, if any, may have an advisor accompany him or her to a hearing for charges seeking suspension or expulsion. The advisor may be an individual that is either a member of the faculty, staff, or a student at Potomac State College of West Virginia University. Advisors may not participate in the proceedings and are only present to advise the students.

Instead of an advisor, the Accused Student may be represented by legal counsel at a hearing for charges seeking suspension or expulsion. Any lawyer appearing at a hearing on a student’s behalf must be licensed to practice law in the State of West Virginia and can actively participate in the hearing.

A student should select an advisor or legal counsel whose schedule allows attendance at the scheduled date and time for the hearing. Delays will not normally be allowed due to the scheduling conflicts of an advisor or legal counsel. Further, failure to secure an advisor or legal counsel will not cause a hearing to be postponed or canceled.

9.11 - Deliberations

After the portion of the hearing concludes in which all pertinent information has been received, the Hearing Panel shall privately deliberate whether the Accused Student is responsible as charged. After determining whether the student is responsible, by a majority vote, for the alleged conduct by the Hearing Panel, the Accused Student shall be notified of the finding by the Hearing Panel.

9.12 - Standard of Proof

The Hearing Panel’s determination of responsibility shall be based on a preponderance of the evidence. “Preponderance of the evidence” means evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which, as a whole, shows that the fact sought to be proved is more probable than not.

9.13 - Imposition of Sanctions

In the event that an Accused Student has been found “Responsible” on any charge, the Hearing Panel may receive additional information regarding the student’s academic transcript and student conduct history, request proposed sanctions from the Accused Student, and hear impact statements by both the Accused Student and victim(s) (if any). After receiving the aforementioned information, the Hearing Panel shall deliberate and agree, by a majority vote, on the sanction(s) in private. After a sanction has been determined by the Hearing Panel, the Accused Student shall be notified of the sanction(s) by the Hearing Panel.

9.14 - Outcome Letter

At the conclusion of the hearing, the student is entitled to written notification of the outcome of the hearing (“Outcome Letter”). Each Outcome Letter shall plainly state the decision and shall plainly state the rationale for the decision; in the event that the student is found responsible for any part of the Charge, the Outcome Letter will include a brief statement of the facts relied upon by the Hearing Panel, the assigned sanction(s), and an explanation of any appeal rights.

9.15 - Transcript of the Proceedings

9.15.1 - All hearings will be recorded. The College will maintain the audio recordings of all hearings (not including deliberations) which remain the property of the College. Participants are prohibited from making their own recordings. Upon written request, an Accused Student shall be provided access only in compliance with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g (2015)) and pursuant to any other conditions for access as may be deemed necessary by the Dean of Student Life or his/her designee.

9.15.2 - All hearings are recorded using technology chosen by the Student Code Administrator; however, alternative recording methods, i.e., a court reporter, may be requested by an Accused Student, provided, however, that the Accused Student shall bear the full expense of the alternative recording method. To accommodate such a request, all involved students must provide written consent in advance of the scheduled hearing.

Section 10: Appeals Process

10.1 - Students who have violated the Student Code, as determined by a Hearing Panel or a Student Code Administrator, may appeal the decision and/or the imposed sanction within five (5) academic days from the date that the Outcome Letter is sent. If the student does not submit an appeal within the prescribed time, the sanction(s) will be applied, no appeal will be considered, and the matter will be concluded.

10.2 - A written appeal and supporting documents, if any, shall be submitted to the Dean of Student Life with a copy to the Student Code Administrator.

10.3 - Subject to Section 11.3(g), sanctions are stayed pending the appeal outcome. However, if there is a perceived danger to College property or to the College community, interim sanctions such as residence hall removal or suspension from the College may remain in place until the appeal process is complete.

10.4 - The Dean of Student Life or designee, shall review the record and supporting documents to consider only the following:

a. To determine whether jurisdiction was properly asserted under this Student Code;

b. To determine whether the underlying proceeding was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures, such that no significant prejudice to a student or the College resulted;

c. To determine whether the decision reached was clearly unreasonable based on the information presented; and

d. To determine whether the sanction(s) imposed were appropriate.

10.4.1 - The Dean of Student Life or designee shall consider the appeal and deliver a decision within thirty (30) days of receipt of such appeal, except where adherence to such time period would be impracticable, in which case such time period shall be extended as warranted by the particular circumstances.

10.4.2 - The Dean of Student Life or designee may decide to:

a. Deny the appeal;

b. Modify, reduce or otherwise limit the sanction(s) imposed (more severe sanctions may not be imposed on appeal by the Dean of Student Life or his/her designee);

c. Direct the Office of Student Conduct to provide a new proceeding, or allow the student to have his or her case handled beginning at any specific stage of the Student Conduct process; or

d. Remand the matter to the original decision maker with specific instructions that shall be carried out.

10.4.3 - If an appeal is not upheld by the Dean of Student Life or designee, as applicable, the matter shall be considered final and binding upon all involved.

Section 11: Complaints or Reports of Discrimination, Harassment, Sexual & Domestic Misconduct, Stalking, and Retaliation. 

11.1 - This Student Code is intended to complement West Virginia University Board of Governors Policy 44, Policy Regarding Discrimination, Harassment, Sexual & Domestic Misconduct, Stalking, and Retaliation, and any procedure implemented in support of Policy 44.

11.2 - In matters involving discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation, as defined in Policy 44, the Complainant is granted the same rights afforded to the Accused Student under this Student Code in order to achieve a prompt and equitable resolution.

11.3 - Discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation charges will be handled in accordance with the provisions set forth above, except to the following extent:

a. Both the Complainant and the Accused Student shall have the right to have an advisor of their choice present at any meeting during the conduct process.

b. Investigation.

Allegations of a student’s alleged discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation, from any credible source, will be thoroughly investigated by West Virginia University or an appointed investigator. Such an investigation will take place in the same manner set forth in Section 9.2, except that the decision of whether it is reasonable to believe that the Accused Student committed discrimination, harassment, or sexual or domestic misconduct, or stalking will be made jointly by the WVU Title IX Coordinator and the PSC Dean of Student Life.

If it is not reasonable to believe that the Accused Student committed discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation, the College will notify, in writing, both the Accused Student and the Complainant and the matter will be closed.

c. Charge.

  1. If, after investigating the complaint or allegation of discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation, it is reasonable to believe that the Accused Student violated the Student Code, the Student Code Administrator, under the direction of the WVU Title IX Coordinator, will apprise the Accused Student and the appropriate College departments, offices, units, or employees of the allegation by providing a written notice of the Charge.
  1. In the Charge, the Student Code Administrator, under the direction of the WVU Title IX Coordinator, shall notify the Accused Student and all other applicable College departments, offices, units, or employees that retaliation is prohibited and that it should be reported if it occurs.
  1. The Charge will also be provided to the Complainant.

d. Interim Support for Complaints of Discrimination, Harassment, Sexual or Domestic Misconduct, Stalking, or Retaliation Against Students.

If a complaint against a student is received and it is apparent that immediate action must be taken to stop the discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation or alleviate any issues that arise as a result of the complaint, then, following the issuance of the Charge or as soon as necessary, the appropriate PSC departments, offices, units, or employees shall implement interim remedial measures immediately. Such measures shall continue until the discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation investigation is complete or until the measures taken are deemed no longer necessary. Such measures may include, but are not limited to, interim suspension from the institution for the Accused Student; temporary removal from residence halls or other College sponsored events and activities for either the Accused Student or the Complainant, as appropriate; altering academic, housing, financial aid, or other employment arrangements for either the Accused Student or the Complainant; issuance of a temporary trespass warning to the Accused Student; and “no contact” orders whereby the parties may be directed to refrain from contact with one another.

e. Agreed Resolution.

In non-violent discrimination, harassment, sexual or domestic misconduct, stalking or retaliation allegations, there will be an opportunity for an Agreed Resolution in situations where an Accused Student elects not to dispute facts upon which the charge of discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation is based and both the Accused Student and Complainant agree to the sanctions which are assessed, subject to the approval of the Dean of Student Life in collaboration with WVU’s Title IX Coordinator.

f. Hearing Procedures.

At any hearing, both the Accused Student and the Complainant must have an equal access to information and opportunity to present relevant witnesses and other evidence. However, the Accused Student is not permitted to question the Complainant directly. Rather, the Accused Student must submit all questions that the Accused Student wishes to ask of the Complainant to the Chair of the Hearing Panel, who will then ask the questions. Or, in the alternative, the Accused Student’s legal counsel may question the Complainant directly.

In addition to notification that is provided to the Accused Student, the Complainant shall receive an Outcome Letter that specifies the outcome of the hearing, and any sanctions relevant to the Complainant.

The Dean of Student Life, or designee, shall present the facts and information obtained from the investigation to the Hearing Panel on behalf of the College.

g. Legal Counsel.

At any hearing where the Accused Student is provided the opportunity to have legal counsel present, the Complainant may also be represented by legal counsel. Any lawyer appearing at a hearing on a student’s behalf shall be licensed to practice law in the State of West Virginia and can actively participate in the hearing.

h. Sanctions.

The available sanctions for a student found responsible for discrimination, harassment, sexual or domestic misconduct, stalking, or retaliation are set forth in Section 7.

i. Appeal.

Both the Accused Student and the Complainant may file an appeal as set forth in this Student Code.

A written appeal and supporting documents, if any, shall be submitted to the Campus President with a copy to the Dean of Student Life.

The Campus President, or designee, shall consider the appeal and deliver a decision within thirty (30) days of receipt of such appeal, except where adherence to such time period would be impracticable, in which case such time period shall be extended as warranted by the particular circumstances.

The Appeal Outcome will be provided to the Complainant and to the Accused Student.

If an Accused Student is found responsible for discrimination, harassment, sexual or domestic misconduct, stalking or retaliation, sanctions will not be stayed pending the outcome of the appeal, unless good cause is shown.

Section 12: Withholding Transcripts, Grades, and Degrees

The Student Code Administrator may direct the Registrar to withhold the issuance of an official transcript, grade, diploma, certificate, or degree to an Accused Student, pending a hearing or conference, agreed resolution, and/or exhaustion of appellate rights if in the opinion of the Student Code Administrator and the Dean of Student Life, the best interests of the College would be served by this action. In the event that such action is taken pending the conclusion of the proceedings, the Student Code Administrator shall inform the Registrar of the action within five (5) academic days of the conclusion of the proceedings and shall withdraw or continue such withholding, as is determined by the Hearing Panel or in any other agreed-upon disposition.

Section 13: No Reprisal or Retaliation

No reprisal or retaliation of any kind shall be taken by any member of the College community against any student who asserts his/her rights under this Student Code or will be subject to discipline under this Code

Section 14: Disclosure of Final Results

If a student is found to have violated a specific act set forth in this Student Code and that act constitutes a crime of violence or non-forcible sex offense, as defined by 34 C.F.R. § 99.39 (2015), then, pursuant to 34 C.F.R. § 99.31(a)(14)(i) (2015) and WVU’s Family Educational Rights and Privacy Act notification, the College may disclose the final results of the proceedings to anyone. For purposes of this disclosure, “final results” means the name of the student, the basic nature of the violation the student was found to have committed, and a description and duration of any sanction imposed against the student.

Section 15: Student Organizations

15.1 - Definition of Student Organization: For purposes of this Code, the term “student organization” means any group of students who have complied with the formal requirements for College recognition or who have submitted an application for recognition.

15.2 - Authority of the Office of Student Conduct. If a student organization is alleged to have engaged in specific acts of prohibited conduct or violations of other College policies or organizational policies, including but not limited to rules promulgated by the respective student governance organization, the matter may be referred to the Office of Student Conduct.

a. Investigation of the Alleged Conduct. The Office of Student Conduct, or its designees, will investigate alleged violations of College policies by student organizations pursuant to Section 9.1 and as set forth below.

i. During the investigation, the ranking or other designated representative(s) of the student organization will be notified of the allegations in writing and given an opportunity to meet with the investigator to explain the organization’s side of the incident prior to the issuance of the final investigative decision.

ii. The student organization representative(s) also has the opportunity to submit documents and other relevant evidence to the investigator and identify witnesses who may have relevant information.

iii. Nothing prohibits the Office of Student Conduct from simultaneously investigating an individual student(s) and a student organization. The Office of Student Conduct will determine whether an alleged policy violation was committed by a student organization or by an individual student(s); such determination will be made on a case-by-case basis by considering the following:

  • How many of the members of the student organization were involved in the incident?
  • Did the incident occur at a sponsored event of the organization?
  • Did a member(s) of the organization violate College rules at an event sponsored by the organization or in the course of the organization’s affairs, and the organization failed to exercise reasonable preventive measures?
  • Did the organization’s leadership have knowledge/notice that the event was going to occur?
  • What was the nature of the incident?

iv. Investigations of student organizations should be completed as promptly as possible under the circumstances

b. Interim Sanctions. Based on information available at that time, interim sanctions may be placed on the student organization by the Office of Student Conduct.

i. The student organization will be notified within five (5) academic days if interim sanctions are being placed on the student organization.

ii. The student organization will have five (5) academic days after receipt of the notice of an interim sanction to request a review and reconsideration of the interim sanctions to the issuer of the interim sanctions.

15.3 Resolution of Allegations.

a. If the investigator determines that it is not reasonable to believe that the student organization violated the Student Code, the student organization and any complainant will be notified and the matter will be closed.

b. If the investigator determines that it is reasonable to believe that the student organization has violated the Student Code, then the case will be resolved as set forth below:

i. The Office of Student Conduct will schedule a time to meet and discuss the case with the student organization representative(s) following the investigation.

ii. The student organization representative(s) will be given five (5) academic days to schedule this meeting. If a meeting is not scheduled within five (5) academic days, then the Office of Student Conduct may issue a decision in the case and impose sanctions.

iii. The Office of Student Conduct’s decision shall be based on a preponderance of the evidence

15.4 Sanctions Applicable to Student Organizations

  1. Sanctions will vary based upon the facts and circumstances of any specific offense. Sanctions are usually progressive in nature and include the probability of more severe disciplinary sanctions if the student organization or student organization representative(s) are found to violate the same or any other College policies.
  1. To the extent applicable, Section 7.1 will apply to student organizations; additionally, student organizations may also face the following non-exclusive list of sanctions that may be utilized individually or in combination:

i. Disciplinary Reprimand: A written notice to the student organization or explaining that the violation of institutional policy warrants an official record be kept in the Office of the Dean of Student Life.

ii. Educational Sanction: A student organization may be required to provide an identified service or participate in a particular program, receive specific instruction, or complete a designated assignment. The student organization is responsible for any related expenses, including expenses for education, counseling, and/or services.

iii. Attainment of Standards: A student organization or student organization representative(s) may be required to attain a specific standard(s) over the course of a designated period of time. Examples of these standards include, but are not limited to, the following: organizational grade point average, organizational arrest and citation rate, organizational member retention, organizational member certifications/trainings.

iv. Disciplinary Probation: A written admonishment for a violation of specified regulations. With respect to the non-academic disciplinary system, a student organization on disciplinary probation is not considered to be in good standing for a designated period of time. If the student organization or its representative(s) are found to violate any institutional regulation(s) during the probationary period, more severe disciplinary sanctions may be imposed. Once the designated period of time has elapsed, the student organization will be considered in good standing; however, a record of the sanction will be kept in the Office of the Dean of Student Life.

v. Restitution: A student organization may be assessed reasonable expenses related to the misconduct. This may include, but is not limited to, the following: the repair/replacement cost for any damage to property or any related expenses incurred by the complainant.

vi. Recommendation for Charter Revocation: An official request to a national office that the local chapter’s charter be revoked.

vii. Full or Limited Suspension of College Recognition: Temporary severance of the organization’s recognition by the College for a specific period of time, not to exceed five (5) years. This may include loss of College funding, loss of use of allocated College space, and restricted access to campus and/or other specified activities. Some of the restrictions that may be placed on the student organization during a limited suspension for the suspension period include, but are not limited to barring or limiting some or all of the organization's activities and/or privileges (including, but not limited to: social activities; intramural competition; organizational competition; Homecoming; eligibility to receive any College award or honorary recognition; privilege to occupy a position of leadership or responsibility in any College student organization governing body, publication, or activity; or ability to represent the College in an official capacity or position), entrance into College residence halls or other areas of campus, or contact with another specified person(s). While on full suspension the student organization loses it College recognition and/or registration for the suspension period; in such instances, it may not use College resources or participate as an organization in any College activities or events. Re-recognition is possible but not guaranteed and will only be considered after the end of the suspension period and based on meeting all re-recognition criteria and obtaining clearance from the College. If a sanction issued by the National or other governing bodies exceeds that of the College, the College may concur with that sanction.

viii. Deferred Suspension of College Recognition: The sanction does not go into effect as long as the student organization complies with all requirements during the interim period. In those cases where the student organization completes all expectations during the interim period, the student organization’s record will show that the sanction was never imposed. In the event that a student organization or student organization representative(s) fail to comply with a sanction and the Office of Student Conduct has decided to impose a suspension, the student organization will be notified of the apparent failure to comply and of the intent to suspend, and provided an opportunity to meet and explain the circumstances prior to a final decision.

ix. Revocation of College Recognition: Permanent severance of the organization’s recognition by the College.

15.5 Appeals Regarding Student Organizations.

a. The accused student organization may appeal the decision by filing a written notice of appeal within ten (10) academic days following the receipt of the decision. The notice of appeal shall be filed with the Office of the Dean of Student Life. Grounds for appeal:

i. To determine whether jurisdiction was improperly asserted under this Student Code;

ii. To determine whether the underlying proceeding was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures, such that no significant prejudice to the student organization, a student, or the College resulted;

iii. To determine whether the decision reached was clearly unreasonable based on the information presented;

iv. To determine whether the sanction(s) imposed were appropriate.

b. On appeal, the decision may be affirmed, reversed, remanded back with instructions for further investigation, or modified as deemed appropriate by the Dean of Student Life.

c. The Dean of Student Life, or designee, shall consider the appeal and deliver a decision within thirty (30) days of receipt of such appeal, except where adherence to such time period would not be feasible, in which case such time period shall be extended as warranted by the particular circumstances.

d. The Dean of Student Life may forward the decision on appeal to appropriate College offices. In cases involving allegations of sexual misconduct, dating violence, or stalking, the Dean of Student Life will forward the appeal decision to the WVU Title IX Coordinator.

Section 16: Drug or Alcohol Amnesty

Any student or student organization who, in good faith and in a timely manner, seeks emergency medical assistance for a person who reasonably appears to be experiencing an overdose from alcohol or drugs may not be held responsible for a violation of prohibited alcohol or drug related conduct only, as defined in this Code, if the student or student organization does all of the following:

a. Remains with the person who reasonably appears to be in need of emergency medical assistance due to an overdose until such assistance is provided;

b. Identifies himself or herself, if requested by emergency medical assistance personnel, law enforcement officers, or College officials;

c. Cooperates with and provides any relevant information requested by emergency medical assistance personnel, law-enforcement officers, or College officials needed to treat the person reasonably believed to be experiencing an overdose; and

d. Completes any additional conditions imposed on the student or student organization by the Student Code Administrator.

If the person who reasonably appears to be experiencing an overdose from alcohol or drugs is also a student, he or she will not be held responsible for a violation of prohibited alcohol or drug related conduct, as defined in this Code, but may be required to complete additional conditions imposed by the Student Code Administrator in order to receive amnesty.

This provision only applies to violations of this Code. As it relates to any criminal prosecution, students should see the West Virginia Alcohol and Drug Overdose Prevention and Clemency Act, W. Va. Code §§ 16-47-1 to -6, which can be found here:

http://www.legis.state.wv.us/wvcode/Code.cfm?chap=16&art=47#47

Section 17: Campus Discretion

Subject to Board of Governors Policy 31, the Dean of Student Life shall have sufficient latitude and authority to implement any reasonable measures necessary for the fair and efficient administration of this Student Code.

An Accused Student or Student Organization and the Student Code Administrator may agree in advance to minor deviations from this Policy. Such deviations are not then subject to appeal. Other minor deviations are acceptable as long as such deviations are not found upon appeal to be materially harmful to the Accused Student or Student Organization.