Washington and Lee University
The Office of the Dean of Students received an appeal concerning a procedural error made by the Student Judicial Council (SJC) in resolving the case against a law student. After a complete and thorough review of the appeal, members of the University Board of Appeals (UBA) agreed to hear the appeal by unanimous vote (4-0).
On April 16, 2009, the UBA determined by a unanimous vote (4-0) that the SJC made a procedural error based on the existing record of the SJC. Subsequently, the UBA determined by a unanimous vote (4-0) that the law student was responsible for violating "conduct unbecoming" of a Washington and Lee University student. It is the opinion of the UBA, however, that a UBA hearing be scheduled to determine an appropriate sanction. The appeal hearing was scheduled for Monday, April 27, 2009 at 12:15 PM.
On Monday, April, 27, 2009, the UBA conducted a hearing to determine an appropriate sanction within the University guidelines. Given that the accused law student was serving conduct probation for a previous violation of the University's Initiatives on Alcohol and Other Drugs during the time of the incident, by majority vote (3 - 0 - 1) the following sanction(s) were imposed:
The UBA agrees, a violation of "conduct unbecoming" is considered to be contrary to the institutional values, goals, and mission of Washington and Lee University. Therefore, the UBA has determined that the sanctions outlined in the previous section of this document are appropriate.
The hearing was adjourned at 2:01 PM.
The outcome of the UBA was based on a thorough review of IFC's previous findings, Phi Kappa Psi fraternity's violation, and the University's policy on hazing. On March 3, 2008, the IFC found Phi Kappa Psi responsible for jeopardizing "the reputation of Washington and Lee University and the Greek Community," and assigned Phi Kappa Psi to a period of Critical Probation. In its decision, IFC stipulated if Phi Kappa Psi violated University or IFC standards during the subsequent calendar year it would be considered for suspension or dismissal from the University.
Given the recent events of Phi Kappa Psi fraternity, IFC found Phi Kappa Psi responsible for violating the University's alcohol policy. Although the IFC stated in its March 3rd 2008 decision that such a violation would provide cause for suspension or dismissal of Phi Kappa Psi, the IFC chose to issue a sanction inconsistent with University policy. In addition, IFC issued another statement in January 2009, which explained that Phi Kappa Psi was responsible for a violation of the University's hazing policy. Accordingly, the University Board of Appeals (UBA) reviewed an appeal based on IFC's decision concerning Phi Kappa Psi fraternity at Washington and Lee University.
In a unanimous vote (4 - 0), the UBA reversed IFC's original finding of an alcohol violation by Phi Kappa Psi fraternity, as found in the University's Initiatives on Alcohol and Other Drugs. Accordingly, the UBA found Phi Kappa Psi fraternity responsible for violating the University's hazing policy. In a subsequent vote (4 - 0), the UBA found that IFC's sanction was not appropriate given the circumstances of the hazing violation.
In a majority vote (3 - 1) by the UBA, the following sanction(s) were imposed:
Hazing is contrary to the institutional values, goals, and mission of Washington and Lee University and is a criminal offense in the Commonwealth of Virginia. Given that Phi Kappa Psi was already on Critical Social Probation when the hazing incident occurred, the UBA agrees their violation of hazing requires a consistent enforcement of University policy. Therefore, the UBA has determined that the sanctioned outlined in the previous section of this document are appropriate. Phi Kappa Psi fraternity will remain in their current chapter house until the end of the2008-2009 academic year.
A student appealed a Student Judicial Council imposed suspension of the student for a violation of the University Initiatives on Alcohol and Other Drugs under the section of underage consumption of alcohol and for conduct unbecoming of a Washington and Lee University student. The student was currently on both social probation and conduct probation for earlier offenses. Outcome: the University Board of Appeals did not find in favor of the appeal and the SJC sanction was upheld. The UBA decision was unanimous to deny the appeal.
A student appealed a Student Judicial Council imposed suspension of the student for a violation of the University Initiatives on Alcohol and Other Drugs under the section of Driving Under the Influence of Alcohol and possession of marijuana. Outcome: the University Board of Appeals did not find in favor of the appeal and the SJC sanction was upheld. The UBA decision was unanimous to deny the appeal.
