Virginia

Colleges and universities in Virginia may discipline students for a wide range of alleged misconduct. Depending on the circumstances, these matters may involve academic misconduct, behavioral violations, professionalism concerns, or alleged violations of other school policies.

Student disciplinary matters can arise from a variety of situations. For example, a medical student at the University of Virginia faced disciplinary action after questioning a speaker’s definition of microaggressions during a presentation. Following an open forum discussion, a professor complained about the student, and the university required the student to undergo a psychological evaluation and attend a disciplinary hearing. The student was subsequently suspended. A federal court later allowed the student’s First Amendment claim against the university to proceed. 

These examples demonstrate the broad range of circumstances that can result in student disciplinary proceedings. If you are facing an allegation at a Virginia college or university, understanding the school’s policies, procedures, and applicable Virginia law can be critical to protecting your rights.

Below, you’ll find Virginia laws, regulations, codes, policies, and procedures that may be relevant to your student discipline matter. The Student Defense Team at Schwartz & Arminavage represents students facing academic and disciplinary allegations at colleges and universities throughout Virginia.

The State Council of Higher Education for Virginia (SCHEV) oversees Virginia’s system of higher education and provides a process for students to submit complaints involving their colleges or universities. SCHEV may investigate complaints alleging that an institution violated applicable state regulations.

Before submitting a complaint to SCHEV, however, students generally must exhaust the institution’s internal grievance and complaint procedures. Students should therefore review their school’s student handbook and follow all applicable procedures and deadlines before seeking review by SCHEV.

Virginia colleges and universities are required to maintain procedures for addressing student complaints and grievances. Institutions must also provide students with information about the applicable complaint process and may not retaliate against students for using established grievance procedures.

Because these procedures can involve strict deadlines and specific requirements, students facing an academic or disciplinary matter should carefully document their concerns and understand the steps available to them.

Virginia colleges and universities must comply with Title IX, the federal law prohibiting sex discrimination in education. Schools typically maintain Title IX policies alongside other student conduct policies addressing academic misconduct, professionalism, sexual conduct, alcohol and drug violations, property damage, and other behavioral concerns.

Title IX regulations establish requirements for how colleges and universities must respond to allegations of sexual harassment. Depending on the applicable regulations and institutional policies, these requirements may address the definition of sexual harassment, notice of allegations, investigations, hearings, evidence, questioning of witnesses, and the roles of investigators and decision-makers.

Because Title IX requirements can change, students should review the regulations and policies in effect at the time of their case, as well as their school’s current Title IX procedures.

School policies may also prohibit conduct that falls outside the federal Title IX definition of sexual harassment. For example, an institution may separately address conduct such as sexual exploitation, voyeurism, or other forms of sexual misconduct under its student conduct policies.

Federal courts have also addressed the authority of Virginia colleges and universities to discipline students for alleged misconduct. In one University of Virginia case, a federal court considered whether the university could use its Title IX process to discipline a student for alleged off-campus conduct involving an individual who had no connection to the university.

The case illustrates an important point for students facing disciplinary proceedings: a school’s authority to investigate or discipline alleged misconduct may depend on the institution’s policies, the nature and location of the conduct, and applicable state and federal law.

Because Title IX and student disciplinary requirements are subject to change, students facing allegations should review the policies and procedures applicable to their specific circumstances and understand the rights and protections available to them. At the Law Offices of Schwartz & Arminavage, we remain abreast of these developments and are ready to explain your rights and responsibilities to you so that you can make an informed decision about your future.