When used in the Mary Baldwin Code of Student Conduct, the terms below will be defined as follows:
1. The term “Administration” means the staff in the Office of Student Engagement are responsible for the adjudication of a Student Conduct Proceeding that has been referred by the Student Conduct Board for any reason. Adjudication of a Student Conduct Proceeding at this level will normally be handled by the Associate Vice President of Student Engagement, unless they designate someone else in the office to handle the proceeding.
2. The term “Bullying” means any written, electronic, or verbal communication, behavior, gesture, or any physical act that is threatening or intimidating which takes place on university premises, online, in person, or at campus sponsored events and which (1) places a person in actual or reasonable fear of harm to their person or damage to their property or (2) creates a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities or benefits, or a student employee or leader’s ability to perform essential functions of their job or position.
3. The term “Campus Safety Officer” is the university professional employed by the Campus Safety Department under the Director of Safety and Security.
4. The term “Cadet Conduct Council” (CCC) refers to the student board that is part of the Virginia Women’s Institute for Leadership (VWIL) and exists to investigate alleged violations of the VWIL Code of Conduct, and to determine if student violations have occurred and, if so, to impose sanctions.
5. The term “Code” means the Mary Baldwin University Code of Student Conduct.
6. The term “University” means Mary Baldwin University.
7. The term “Controlled Substance” means any drug, chemical, or substance whose possession and use is defined as a Controlled Substance under either state or federal law. Prescription medications may constitute a Controlled Substance under this Code if inappropriately possessed, used, or distributed.
8. The term “Discrimination” means the unequal and unlawful treatment of another based on or because of the person’s race, color, creed, religion, gender, age, national origin, disability, military status, or sexual orientation.
9. The term “Drug Paraphernalia” means all equipment, products, and materials of any kind which are either designed for use or which are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.
10. The term “Guest” means anyone who is not a student who is present on university premises at the invitation and/or hosting of a student. Non-residential students who are visiting a residential student in a residence hall shall also be considered a guest.
11. The term “Harassment” means verbal, written, visual, or physical conduct based on or motivated by an individual's actual or perceived sex, sexual orientation, gender identity or expression, race, creed, color, place of birth, ancestry, ethnicity, religion, national origin, age, disability, marital status, or other characteristics as defined and protected by law in the location where a particular program is operating, that has the purpose or effect, from the point of view of a reasonable person, of objectively and substantially undermining and detracting from or interfering with an individual's educational or work performance or access to Mary Baldwin resources; or creates an intimidating, hostile, or offensive educational, work, or living environment.
12. The term “Hate Crime” means (i) a criminal act committed against a person or their property with the specific intent of instilling fear or intimidation in the individual against whom the act is perpetrated because of race, religion, ethnic origin or sexual orientation or that is committed for the purpose of restraining that person from exercising their rights under the Constitution or laws of the Commonwealth of Virginia or of the United States, (ii) any illegal act directed against any persons or their property because of those persons' race, religion, national origin or sexual orientation and (iii) all other incidents, as determined by law-enforcement authorities, intended to intimidate or harass any individual or group because of race, religion, national origin or sexual orientation.
13. The term “Hazing” means an act which endangers the health or safety of a student or students or which inflicts physical or psychological abuse on a student or students or which destroys, damages, or removes public or private property with or as a condition for the purpose of initiation, admission into, affiliation with, or continued membership in a student group or organization regardless of whether the student or students so endangered or injured participated voluntarily in the activity. Apathy and acquiescence in the presence of hazing are not neutral acts and may be violations of the Code.
14. The term “Honor Council” (HC) refers to the student board made up of one Chair and up to seven (7) student representatives and exists to educate students about the Honor sections of the Code, to investigate related alleged violations, and to determine if student violations of the Honor Code have occurred and, if so, assign the necessary sanctions.
15. The term “Hearing Body” refers to members of the Conduct Board and/or Honor Council that are retained and appointed to serve as a panel to adjudicate and determine whether a student, a student club, group or organization has violated the Code and to determine the sanction, if any, for such violation. A Conduct Board Hearing Body is typically comprised of three (3) members. A Hearing Body member who has a bias about or an interest in the case should recuse himself/herself or themself. If the Hearing Body member refuses to recuse himself/herself,or themself, the Conduct Board Chair will make a decision about whether to remove that person from the Hearing Body. In any Student Conduct Proceeding heard by Administration, “Hearing Body” means that the recognized members of the University (faculty and staff ), appointed by the Associate Vice President of Student Engagement to serve as the panel will determine if a Code violation has occurred and assign the appropriate sanction, if any, for such violation. An Administration Hearing Body will be made up of two (3) faculty and staff members of the university appointed by Administration.
16. The term “Hostile Educational or Employment Environment” means one in which a person is subjected to harassment that is sufficiently severe, persistent or pervasive that it unreasonably interferes with, limits or deprives an individual from participating in or benefiting from the university’s education or work programs and/or activities. The university evaluates the existence of a hostile environment from both a subjective and objective viewpoint.
17. The term “Investigating Committee” means a group appointed by the Conduct Board Chair to investigate an alleged Code violation that shall proceed to a hearing and to present the university’s position on the charge during the hearing. The Investigating Committee shall be comprised of members of the Student Standards Board. In Student Conduct Proceedings adjudicated and heard by Administration, the Investigating Committee shall be the member or members of the faculty and staff of the university appointed by the Associate Vice President of Student Engagement to investigate an alleged Code violation that shall proceed to a hearing and to present the university’s position on the charge during the hearing.
18. The term “Student Conduct Board” (SCB) refers to and means that a student board is made up of one Chair and up to seven (7) student representatives. The SCB exists to educate students about the Code, to investigate alleged violations, and to determine if student violations have occurred and, if so, assign any sanctions as deemed necessary.
19. The term Minor Violation” means a violation of the Code for which the possible sanctions are other than suspension and dismissal.
20. The term “Party” means a student or student group, Club or organization alleged to have violated the Code.
21. The term “Record of the Hearing” means the letter containing charges, the audio recording of the hearing, all documents offered as evidence at the hearing, the written opinion of the Hearing Body, and the decision of the Student Conduct Board or Administration.
22. The term “Student Advocate” (SA) ” refers to and means any member of a student board made up of one Chair and up to seven (7) Student representatives and exists to help interpret the Code for, assist throughout a Student Conduct Proceeding, and mentor any student charged with a Code violation.
23. The term “Self-defense” is the legal right to use reasonable force to protect oneself or members of one’s family from bodily harm, or to a lesser extent one's property, from the attack of an aggressor if the defender has reason to believe the danger of bodily harm is imminent and that force is necessary to avoid this danger. Self-defense is a defense to a criminal charge or to tort liability; however, it is not an acceptable justification for violent behavior on campus or typically a defense to a charge under this Code.
24. The term “Separation of the Student from the University” means the Student may not be present on University Premises, attend or participate in classes, manipulate any website or other material residing on the university’s web server, access the university’s email services, enter or use any university service or facility, or participate in any Student Club, Group, Organization or other university sponsored programs, activities, or related events.
25. The term “Major Violation” means a violation of the Code for which the possible sanctions may include suspension or dismissal.
26. The term “PEG” means the Program for the Exceptionally Gifted at Mary Baldwin University.
27. The term “respondent” refers to any student or student club or organization who is alleged to have violated the Honor Code or the student code of conduct or university policy or regulations.
28. The term “Sexual Misconduct” means any unwelcome conduct of a sexual nature, including any conduct or act of a sexual nature perpetrated against an individual without consent. Sexual Misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by men or by women, and it can occur between people of the same or different sex. Sexual Misconduct also includes complicity in Sexual Misconduct. The university encourages reporting of all Sexual Misconduct. Sexual Misconduct includes but is not limited to: dating violence; domestic violence; non-forcible sex acts; sexual assault; sexual exploitation; sexual harassment; and stalking.
29. The term “Student” means any individual enrolled in a schedule of undergraduate or graduate courses at the university, whether full-time, part-time, commuter, residential, the Adult Degree Program and studying abroad. It also applies to a person attending classes at or through the university, or a person participating in orientation programs on the university premises.
30. The term “Student Club/Organization” means a collection of persons who have complied with the university’s formal requirements for recognition. At Mary Baldwin, Student Club/Organization is used to refer to student organizations other than the Student Government Association and its Executive Council.
31. The term “Student Conduct Proceeding” means a proceeding initiated to investigate an alleged violation of the Code, to determine if a violation has occurred and, if so, assign the appropriate sanction for such a violation.
32. The term “Student Confidant” means a student who has been formally requested by another student and approved by the Lead Advocate and the Conduct Board Chair and/or the Honor Council Chair as someone the student can talk to for moral support while they are involved in a conduct proceeding.
33. The term “Student Group” means a number of persons associated with each other for a common purpose, and who have not complied with or satisfied the university’s formal requirements for recognition. The term “Student Government Association” (SGA) refers to the main governing body
composed of those who have complied with the University’s formal requirements for recognition and has agreed to serve as the voice and advocates for student related matters. This also refers to its Executive Council.
34. The term “University” means both University College and Mary Baldwin College for Women.
35. The term “University Official” means any person employed by the university or serving in a student leadership position in which that person is authorized by the university to perform administrative or professional responsibilities. Examples of university officials are Judicial Board Representatives, Honor Council Representatives, Resident Assistants, and Student Assistants.
36. The term “University Premises” means any building, facility,, or ground owned, leased, operated, controlled, or supervised by Mary Baldwin University, including adjacent streets and sidewalks.
37. The term “Violent Behavior” means conduct and/or behavior, verbal and non-verbal, including but not limited to, verbal and/or physical aggression, attack, threats, harassment, intimidation and other disruptive behavior in any form, or by any media, which causes or could cause a reasonable person to fear physical harm by any individual(s) or group(s) against any person(s) or property.
38. The term “VWIL” refers to the Virginia Women’s Institute for Leadership Program at Mary Baldwin University.
39. The term “Weapon” is defined as any weapon as described in the Code of Virginia 18.2-308A or any other provision to the Code of Virginia. This description has been broken into sections and can be found in Section X of this Code.