VCU INTERIM RULES AND PROCEDURES
FOR THE ACADEMIC YEAR 1970-71
RULES
I . Introduction
The following rules and procedures are designed to serve until new
rules and procedures are adopted by the fall of 1971. Nothing herein is
intended nor shall it be construed to limit or restrict the freedom of speech
or peaceful assembly. Free inquiry and free expression are indispensable
to the objectives of a higher educational institution. These rules shall not
be construed to prevent or limit communication between and among faculty,
students, and administration which should be encouraged. Their purpose is
not to prevent or restrain controversy and dissent but to prevent abuse of
the rights of others and to maintain that public order appropriate to a
University campus without which there can be no intellectual freedom. These
rules and procedures shall be interpreted and applied to that end.
II. Application
These rules shall govern the conduct of students, faculty, administrators,
and other staff, licensees, invitees, and all other persons, whether or not
their presence is authorized on the VCU campus and also upon or with respect
to any other premises or property under the control of VCU used in its teaching,
its research, or its administrative, service-connected cultural, recreational,
athletic, and other programs and activities.
III. Prohibited Conduct
No person, either singly or in concert with others, shall:
a) willfully cause physical injury to any other person, or offer with
force or violence to do so for any purpose.
b) physically detain or restrain any other person, or remove such
person from any place where he is authorized to remain.
c) willfully destroy or damage property of the institution or under its
jurisdiction, or remove or use such property without authorization.
d) without permission, expressed or implied of the duly assigned
occupant, enter into any private office of an administrative
officer, member of the faculty, or staff member, or student
room. This does not prohibit the right of University or law
enforcement officers to enter offices or rooms when permitted
to do so by law.
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e) enter upon or remain in any building or facility for any purpose
other than its authorized uses and in such manner as to obstruct
its authorized use by others.
f) without authorization by the administration or an individual
faculty or student member so authorized by the administration,
willfully remain in any building or facility after it is closed.
g) refuse to leave any building, facility, or areas after being
lawfully required to do so by an authorized administrative
officer or faculty member.
h) obstruct the free movement of persons and vehicles in any
place to which these rules apply.
i) disrupt or prevent the peaceful and orderly conduct of classes,
lectures, and meetings or University functions and interfere with
the lawful freedom of any person to express his views, including
those of invited speakers.
j) have in his possession upon any premises to which these rules
apply any dangerous chemicals not used by him for University
studies, rifle, shotgun, pistol, revolver, or other firearm or
weapon without the written authorization of the chief administrative
officer whether or not a license to possess the same has been
issued to such person.
k) willfully incite others to commit any of the acts which have been
herein prohibited with specific intent to encourage them to do so.
1) willfully violate any lawful University rule or regulation issued
pursuant to an authorized University function.
m) illegally use, possess, distribute drugs or narcotics.
n) falsify or forge official University records.
Statutes of the Commonwealth of Virginia, as well as city codes and
national laws, apply on the campus of the University. Conduct which
violates such statutes, codes and laws and which also create danger to
members of the University community, damages or destroys University
property, or obstructs or impairs University activities, will be subject
to University discipline.
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h.
IV. Freedom of speech and assembly, Picketing and demonstrations
No student, faculty, or staff member or authorized visitor shall be
subject to any limitation or penalty solely for the lawful expression of
his views or for having assembled with others for such purpose. Peace-
ful picketing and other orderly demonstrations in public areas of grounds
and buildings will not be interfered with. Those involved in picketing
and demonstrations may not, however, engage in specific conduct in
violation of the provisions of the preceding section.
PROCEDURES
I. Penalties
All violators are subject to restitution defined as reimbursement to the
University for damages to or misappropriation of property. This may take
the form of appropriate service or other compensation. Additionally a
person who shall violate any of the provisions of these rules shall
A. If he is a licensee or invitee, have his authorization to remain
upon the campus or other property withdrawn and shall be directed
to leave the premises. In the event of his failure or refusal to do
so, he shall become a trespasser and be subject to ejection.
B. If he is a trespasser or visitor without specific license or invitation ,
be subject to ejection.
C. If he is a faculty member, be subject to dismissal or termination
of his appointment or such lesser disciplinary action as the facts
may warrant.
D. If he is a classified staff member, be subject to the penalties
described in the statutes and regulations governing the employ-
ment of classified staff members.
E. If he is an administrator, be subject to dismissal or lesser
disciplinary measures as the facts may warrant.
F. If he is a student, be subject to expulsion or such lesser
disciplinary measures as the facts of the case may warrant,
including suspension, probation and censure.
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These penalties are defined as follows:
Expulsion - a permanent separation of the student from the University
Suspension - the temporary separation of the student from the University
for a defined period of time
Probation - this action will be given for a stated period of time. A
student's further misconduct during his period of probation
may lead to the penalty of suspension or expulsion. A
student on probation may remain at the University only upon
the condition that he comply with regulations and standards
of the institution and with such other measures as may be
imposed as a condition of his probation.
Censure - Censure is an official verbal or written reprimand or warning
given to a student indicating that the University does not
approve of the conduct and that a continuance of such con-
duct could result in more serious disciplinary action.
II. Procedure
A. The chief administrative officer or his designee shall inform any
licensee or invitee who shall violate any provisions of the rules
that his license or invitation is withdrawn and shall direct him to
leave the campus or property of the institution. In the event of
his failure or refusal to do so, such officer shall cause his ejection
from such campus or property. Nothing in this paragraph shall be
construed to affect a person's liability to prosecution for trespassing
or loitering as described in the penal law.
B. In the case of any other violator, who is neither a student, faculty
member, administrator, nor classified employee, the chief admini-
strative officer or his designee shall inform him that he is not
authorized to remain on the campus or other property of the institution
and direct him to leave such premises. In the event of his failure to
do so, such officer shall cause his ejection from such campus or
property. Nothing in this paragraph shall be construed to authorize
the presence of any such person at any time prior to such violation
or to affect his liability to prosecution for trespassing or loitering as
described in the penal law.
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C. In the event that charges are brought against a member of the
faculty, in consultation with the Council on Faculty Affairs the
Vice President for Health Sciences or the Vice President for
Academic Affairs - depending on the instructional division to
which the faculty member belongs - shall appoint a hearing
committee, which shall report its findings to the appointing
Vice President for disposition. If during this interim period,
the University Assembly adopts a grievance procedure for
faculty and determines that this procedure should also obtain
for hearing procedures for these interim rules, the University
Assembly may request the President of the University to recom-
mend adoption by the Board of Visitors.
D. If the violator is a classified employee, the procedures stated
in rules for administering the Virginia Personnel Act and appropriate
University policies shall apply.
E. If the violator is an administrator, the Vice President to whom he
reports shall establish with the Council on Faculty Affairs a
mutually agreed upon committee for the purposes of adjudication.
The recommendations of the committee shall be advisory to the
appropriate Vice President.
If the violator is a Vice President, the President of the University
shall establish with the Council on Faculty Affairs a mutually
agreed upon committee for adjudication. The recommendations of
the committee shall be advisory to the President.
If the violator is the President, the Board of Visitors shall
adjudicate the situation as it sees fit.
F. In the case of the students, the following shall be the procedure:
I. Upon receiving notice that a student may have committed a
violation of any of these regulations, a member of the staff
of the Dean of Student Life shall promptly cause an investi-
gation to be made. Such an investigation shall include con-
sultation with the accused party.
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2. If there appears reasonable cause to believe that the student
has committed a violation, written notification of the charges
shall be promptly served upon the student. Such notice shall
be accompanied by a statement of his rights including:
a) the right to be accompanied by an advisor (legal counsel
will not be permitted on either side of a student-institutional
hearing).
b) the right to hear evidence presented against him and the right
to cross-examine all witnesses presented against him.
c) the right to present witnesses on his behalf.
d) the right to receive prompt written notice of the Dean's
decision.
e) the right of access to all records of the proceedings of
the hearing.
f) the opportunity to appeal the Dean's decision.
3. The Dean of Student Life shall conduct a hearing within ten days
from the date of notice to the student and after the hearing shall
impose such penalty, if any, as he may find appropriate. If the
student charged fails to appear without adequate excuse, the Dean
shall dispose of the case on the basis of the evidence accumulated
as a result of the investigation.
4. A student may within seven days appeal the decision of the Dean
of Student Life to a University Appeal Board. This University-wide
Board shall consist of five faculty members, five student members,
plus a faculty chairman. All faculty members of the Board shall be
appointed by the University President. The President of the
Student Government Association West shall appoint three and the
President of the Student Council East shall appoint two of the
student members of the Board. If the University President deter-
mines that the number of appeals which will be required to be
heard is, or may be, so great that they cannot otherwise be
disposed of with reasonable speed, additional ad hoc appeal
boards may be appointed in the same manner as the initial appeal
board. The University Appeal Board and the additional ad hoc
board or boards shall conduct appeals in accordance with the same
rights which accompany the notice from the Dean of Student Life.
The board shall set its own procedures. Its findings and recom-
mendations shall be advisory to the Vice President for Student Affairs
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III. Miscellaneous Items
A. Summaries of student misconduct will be placed in the confidential
files of the University.
1. Actions of suspension and expulsion will be noted on the
academic transcript.
2. If a student elects to withdraw under charges, the violation
"withdrawn under charges" will be placed upon the academic
transcript.
3. The detailed information of any disciplinary case will be
released to individuals other than University administrators
only with the written consent of the student.
B. Hearings shall be open to the University community unless
1. The accused requests that the hearing be closed.
2. Disruptions of the hearing require that they be closed. It is
also possible for the accused to request that the hearing be
closed except for a few observers of his choice, such as
parents or best friend. Open hearings do not require that
large numbers be accommodated.
C. Interim Suspension
If in the opinion of the University President or his designee the
presence of a person charged with a violation of a University rule
or procedure presents a serious and immediate threat to the peace
immediately suspend the person, pending a prompt adjudication
of the case (within three days).
and safety of the University, the President or his designee may
