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Individual Violations

The Student Judicial Council (SJC) enforces an incident system with specific consequences for violations of University alcohol/drug policies by individuals. Students who intentionally aid any violation of the University's Policies on Alcohol and Other Drugs may be held responsible by the Student Judicial Council (SJC) as an accessory to the violation occurring.

The Student Judicial Council is advised by a professional staff member through the Office of the Dean of Students, and all action is reported to the University faculty through the Student Affairs Committee. A probationary period is normally associated with an alcohol/other drug violation, at a minimum.

First incidents that result in a conviction of an alcohol- or drug-related violation of the law in the City of Lexington and Rockbridge County shall be handled administratively. Convictions related to Driving Under the Influence of Alcohol/Drugs are an exception as outlined below. Conviction of possession/use of illegal drugs within any campus residence results in removal from the residence without refund in addition to other sanctions.

Driving Under the Influence of Alcohol or Other Drugs
Independent of the incident system, the SJC may suspend or dismiss a student found to have driven a motor vehicle under the influence of alcohol or illegal drugs in the City of Lexington or Rockbridge County. Students who are convicted of driving under the influence of alcohol with a blood alcohol content (B.A.C) of .15 or greater are suspended from the University without hearing. There is a presumption of suspension as the sanction by the Student Judicial Council for students who are convicted of "DUI" under the legal drinking age of the Commonwealth.

There is a presumption of suspension as the sanction by the Student Judicial Council for students who are convicted of "Refusal" when arrested for a DUI offense.

A court's imposition of First-Offender's Status, or deferred adjudication, including any continuance of the case under advisement for an alcohol or drug-related offense (other than DUI as described below) where the student admits to the misconduct, enters a plea of nolo contendere or "did not contest," and where an affirmative sanction is imposed by the court (e.g., fine or community service), will result in a violation under these guidelines and shall be handled administratively.

The following violations of the University alcohol and other drug policies and standards may or may not be determined by the University's administration or the Student Judicial Council to constitute an "incident":
• A violation of University residential alcohol or drug policies (handled administratively)
• Misconduct that violates other University alcohol or drug policies
• Drunkenness, when it results in behavior that draws attention to oneself or endangers self or others
• Alcohol or drug violations within first-year residence halls, including possession of alcohol or other drugs (handled administratively and not heard by the Student Judicial Council)

Sanctions
First Incident: Mandatory education and counseling, plus $100 fine. Parents or legal guardian(s) of undergraduate students notified upon a finding of violation. One calendar year probationary period from date of incident.

Second Incident (during the period of probation resulting from the first incident): These cases are automatically heard by the Student Judicial Council. Sanctions may include mandatory education and counseling plus a minimum of a $100 fine and maximum of a $200 fine, up to and including suspension for a full term or full semester. Parents or legal guardian(s) of undergraduate students notified upon charge and disposition.

Third Incident (during the period of probation resulting from the second incident): These cases are automatically heard by the Student Judicial Council. Sanction up to and including dismissal from the University plus a minimum of a $200 fine and maximum of a $350 fine. Mandatory education and counseling for those students not dismissed. Parents or legal guardian(s) of undergraduate students notified upon charge and disposition.

Students who are suspended for any alcohol/drug-related reason, whether administratively or by the Student Judicial Council, are required to participate in alcohol/other drug education prior to consideration for reinstatement to the University.

Lying about one's involvement in any alleged violation of student conduct policies may result in referral to the Executive Committee of the Student Body.

All administrative or Student Judicial Council decisions on alcohol/other drug violations are subject to appeal to the University Board of Appeals consistent with University policy: University Student Handbook.