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p. 1 Index COMMON POLICY INTERPRETATIONS A self-guided training module Part II back ● ● click anywhere to continue skip p. 2 Index Alcohol Student Code of Conduct § 3. Each student is expected to comply with the alcohol regulations of the Commonwealth of Virginia and the university.

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Index

COMMON POLICY INTERPRETATIONS

A self-guided training module

Part II

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Alcohol

Student Code of Conduct

§ 3. Each student is expected to comply with the alcohol regulations of the Commonwealth of Virginia and the university.

Virginia Tech recognizes that the misuse and abuse of alcohol is a persistent social and health problem of major proportion in our society and that it interferes with the goals and objectives of any educational institution.

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Alcohol

§ 3 cont. Accordingly, Virginia Tech does not encourage the use of alcoholic beverages and strongly discourages illegal or otherwise irresponsible use of alcohol. Members of the university community are accountable for their decisions regarding use of alcohol as well as behavior that occurs as a result of these decisions. Virginia Tech fully complies with the alcohol regulations of the Commonwealth of Virginia. All state laws apply to Virginia Tech students.

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AlcoholCommon Policy Interpretation

Possession by persons under 21:

Purchasing, consuming, or having in locus of control, or immediate surroundings is considered possession and is a violation of university policy

a minor with no alcoholic beverages on their person, that is intoxicated, is in possession via consumption

alcoholic beverages found in a residence or vehicle with a single occupant are said to be in the possession of that occupant. Similarly a student sitting alone at a desk with an alcoholic beverage on it is said to be in possession of that beverage.

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AlcoholCommon Policy Interpretation

Possession by persons under 21:

Possession is not limited to direct physical control of an item

Possession of any quantity of alcohol by minors may be a violation of university policy

Even quantities as little as a residue or remainder in glass or bottle can be considered as possession

Empty containers do not necessarily constitute a violation, but may with contributory evidence

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AlcoholCommon Policy Interpretation

Possession by person 21 or older:

Persons 21+ are permitted to purchase, possess, and consume alcoholic beverages

Persons 21+ must ensure that the beverages remain either in their possession or in that of others 21+

Persons 21+ must not be intoxicated, nor harm, hinder or endanger themselves or others

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AlcoholCommon Policy Interpretation

Alcoholic beverages in the residence halls:

In rooms with all occupants under 21:

Alcoholic beverages may not be consumed by any of the occupants

Guest may not consume alcoholic beverages, even if 21+

Alcoholic beverages may not be kept in the room at any time

Any alcoholic beverages found in the room, by default, are in the possession of the occupants

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AlcoholCommon Policy Interpretation

Alcoholic beverages in the residence halls:

In rooms with one, but not all occupants, 21+:

Alcoholic beverages may be in the possession of and consumed by the occupant who is 21+

Guests 21+ are only permitted to consume alcoholic beverages if the occupant who is 21+ is present

Only one open beverage is permitted for each person 21+

Persons 21+ who reside with persons under 21 that choose to possess alcoholic beverages are responsible for the use thereof

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AlcoholCommon Policy Interpretation

Alcoholic beverages in the residence halls:

In rooms with all occupant 21+:

All occupants are permitted to possess and consume alcoholic beverages

Guests 21+ may consume alcoholic beverages if any of the occupants is present

If all guests are 21+ there is no restriction on possession or presence of open beverages, but students are reminded that they are responsible for their actions and the actions of their guests

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AlcoholCommon Policy Interpretation

Health and Safety

Students consuming alcoholic beverages are not permitted to endanger their own health and safety, nor that of others, as a result of their consumption of alcoholic beverages

Students are said to have endangered their health if medical attention is required due to any circumstance caused by, resulting or being contributed to by their consumption of alcoholic beverages

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AlcoholCommon Policy Interpretation

Health and Safety

Students are said to have endangered the health of others if medical attention is required due to any circumstance caused by, resulting or being contributed to by their having provided alcoholic beverages to be consumed

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AlcoholCommon Policy Interpretation

Major or Minor

A minor violation of the alcoholic beverage policy includes all incidents of possession, possession by consumption, and public intoxication in which the student has not put themselves or others at risk

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AlcoholCommon Policy Interpretation

Major or Minor

A major violation of the alcoholic beverage policy includes cases where the student put their health and safety, or that of others at risk. This includes:

all cases in which medical attention was required

all cases of “DUI” or “DWI”

all cases where the student reported memory loss or loss of conscience

all cases involving assault or battery

all cases which involve injuries due to alcohol consumption

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AlcoholCommon Policy Interpretation

Non-Excuses

Ignorance to the policies regarding alcoholic beverages is no excuse!

Even for Out-of-State or international students

A person 21+ who allows a minor to consume or possess alcoholic beverages is responsible for providing alcoholic beverages to a minor, whether the beverages were taken with or without permission. Likewise,…

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AlcoholCommon Policy Interpretation

Non-Excuses

Minors that are in possession of alcoholic beverages with or without their knowledge are responsible for underage possession

Personal health risks arising from interactions with other drugs, prescription or otherwise, are not excused from consideration as major violations

e.g., taking prescription Day/Nyquil, codeine, barbituates, tricyclics, sleep aids, or other mind altering substances with any amount of alcohol

Taking any illegal substances with any amount of alcoholic beverages

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AlcoholCommon Policy Interpretation

This charge may be paired with involvement in a university violation, identification card, public nudity, failure to comply, damage/destruction, disorderly conduct, assault, and battery

…anything that can be done while intoxicated—which is virtually everything!

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Involvement

Student Code of Conduct

§ 14. Involvement in a University Violation: Presence during any violation of University Policies for Student Life in such a way as to condone, support, or encourage that violation is prohibited.

(Note: Students who anticipate or observe a violation of university policy are expected to remove themselves from participation and are encouraged to report the violation.)

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InvolvementCommon Policy Interpretation

Involvement assumes:

  • Knowledge of the activity

  • Presence

    • Current or continued

    • Within reasonable proximity, or knowledge

  • Ability to end or leave the presence of the violation

    • Limited or non-optimal choices can negate involvement

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InvolvementCommon Policy Interpretation

Typical forms of involvement

  • Invited participation/helping carry out a policy violation

  • Condoning or supporting a violation through presence, whether attentive or indifferent

    • While some students may make the choice not to engage in behavior that violates the UPSL, their presence while others do constitutes involvement, since it undermines the purpose of the policy

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InvolvementCommon Policy Interpretation

Non-excuses

  • “I just walked in” does not excuse the responsibility to remove oneself

    • The moment a violation is observed student must remove themselves and/or report the incident—There is no time cap for Involvement

    • In order to be found ‘not responsible’ in such a case a student would have to have been observed leaving or preparing to leave

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InvolvementCommon Policy Interpretation

Non-excuses

  • “Silence or disapproval does not negate involvement

    • a student sitting at their desk studying with headphones on while their roommate is drinking is responsible for involvement

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InvolvementCommon Policy Interpretation

Non-excuses

  • “Guilty by association” is not accurate, since involvement charges refer to a specific incidence—not a loose or general association.

    • Students are being charged due to their tacit approval, not their presence; i.e. their failure to condemn the violation by disassociation is equitable to having approved/supported the violation

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InvolvementCommon Policy Interpretation

This charge may be paired with any violation for which a student is found “not responsible”. It may not be paired with any violation for which a student is found “responsible”, since any charge a student is found responsible for preponderates involvement.

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Identification Cards

Student Code of Conduct

§ 16. Identification Cards: The possession or manufacture of any false or altered form of identification, the improper use of any identification card, including knowingly altering or mutilating a university student identification card, or using the identification card of another, or allowing one’s own card to be used by another is prohibited.

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Identification CardsCommon Policy Interpretation

Identity: The set of behavioral or personal characteristics by which an individual is recognizable; the individual characteristics by which a thing or person is recognized or known.

Identification: evidence of identity; something that identifies a person or thing: by name, status, date of birth, residence, or other identifiable trait.

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Identification CardsCommon Policy Interpretation

Forms of Identification:

  • Hokie Passport

  • Operators License

  • DMV Identification Card

  • Military Identification Card

  • U S Passport/ Passport with Visa

  • Credits Cards used for Identification

  • Business card, name tag, badge, or uniform

(valid for age verification)

(valid for age verification,

if issued by VA-DMV)

(valid for age verification)

(valid for age verification,

even if expired)

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Identification CardsCommon Policy Interpretation

False identification is:

  • Possession or use of any form of ID other than one’s own

    • Even if on the behalf or at the request of the ID holder

    • Simply possessing an ID that does not accurately identify you

  • Possession or use of any altered or fabricated form of ID

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Identification CardsCommon Policy Interpretation

False identification is:

  • Unauthorized possession or use of access cards or any other means to gaining access to exclusive privileges or facilities

    • Ex. allowing someone to use one’s Hokie Passport or key to gain access to a university building, service or event

  • Providing anyone with your own ID, or manufacturing or altering an ID for someone else

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Identification CardsCommon Policy Interpretation

False identification is:

  • The expiration/valid date on an ID does not have to be current/valid

    • This includes IDs with an invalid or past expiration date—an expired fake ID is still a fake ID

  • Presenting your identity incorrectly or under false pretences through a form of ID.

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Identification CardsCommon Policy Interpretation

Non-Excuses

  • “I wasn’t going to use it” – Intent to use or not use false identification does not negate the fact that a person was in possession of false identification

  • “I didn’t know I had that” – Even accidental/unintentional possession is still a violation

    • Students are accountable for and must be aware of what is in their possession

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Identification CardsCommon Policy Interpretation

Non-Excuses

  • Students may not use other students’ Hokie Passports to retrieve meals from the dining centers for other students, even if the recipient is ill (Dining services offer special arrangements to get meals to ill students)

  • The physical characteristics on a false ID (photo, age, physical distinctions listed) do not need to match or resemble the charged student

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Identification CardsCommon Policy Interpretation

This charge may be paired with furnishing false information, failure to comply with a university official, forgery/ fraud, furnishing false information, and/or alcohol beverage

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Unauthorized Entry

Student Code of Conduct

§ 22. Unauthorized Entry: Entering or being present in university buildings, rooms, or other areas without proper authority is prohibited. (Note: Closing hours will be published as necessary. For convenience, closing hours will be posted at main entrances to buildings, but the absence of such posted notices is not to be treated as excusing a violation of this policy.)

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Unauthorized EntryCommon Policy Interpretation

Unauthorized entry is:

  • Gaining entry to any facility or area, by any means, forcible or otherwise, for which one does not have permission or proper authority

    • E.g. being somewhere where one is not supposed/allowed to be

  • Gaining entry improperly, whether authorized or not. Not entering a space properly or in an acceptable fashion.

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Unauthorized EntryCommon Policy Interpretation

Unauthorized entry is:

  • Presence in any facility designated for the opposite sex, such as bathrooms and showers

  • Presence on a roof, overhang, ledge, or in a fenced/ roped/ blocked off area, steam tunnel, maintenance area, etc.

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Unauthorized EntryCommon Policy Interpretation

Unauthorized entry is:

  • Any entry in such a manner as to compromise the security of a building/ space.

  • Forcing, coercing, applying pressure or intimidation, or assuming the authorization necessary to gain entry into/ onto a university location.

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Unauthorized EntryCommon Policy Interpretation

Non-excuses

  • Absence of explicit postings in restricted areas does not mitigate a violation.

  • Using someone else’s Hokie Passport to gain access to a building, even if it is one’s own residence, is not authorized, and is also a violation of the identification policy.

  • Gaining access to the residence of a friend, classmate, etc. is not permitted.

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Unauthorized EntryCommon Policy Interpretation

This charge may be paired with ‘involvement in university violation’, visitation/ guest, ID cards, furnishing false information, damage/ destruction, and/or ‘failure to observe rules and regulations’

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Damage/ Destruction

Student Code of Conduct

§ 5. Damage or Destruction: Damage or destruction of property belonging to the university or to any member of the university community.

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Damage/ DestructionCommon Policy Interpretation

Damage/Destruction is:

i. Altering the condition of property without stated and expressed approval by authorized persons, even if viewed as an improvement.

ii. Any item, whose altered state needs to be repaired, cleaned, fixed, reinstalled or replaced to bring that property back to appropriate, effective, functioning, and working condition.

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Damage/ DestructionCommon Policy Interpretation

Damage/Destruction is:

iii. Alterations to conditions may include causing property to become:

dirty, soiled, scratched, smashed, broken, ripped, torn, damaged, destroyed, marked, vandalized, scuffed, bent, smeared, removed, put up, punctured, dented, loosened, tightened, stunted, clogged, jammed, cut, overturned, pulled down, pushed over, unscrewed

, etc.

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Damage/ DestructionCommon Policy Interpretation

Damage/Destruction is:

  • The charged student’s intention should not play a factor in determining responsibility. Charges of unauthorized damage or destruction, whether intentional or unintentional, will be considered with the same degree.

This charge may be paired with tampering.

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You have completedCOMMON POLICY INTERPRETATIONSPart II

Congratulations

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Now that you have completed the Common Policy Interpretations: Part II online training module please take a moment to complete a brief survey asking you to identify at least 10 concepts that you have learned and at least 3 concepts you would like to have reviewed at a further date.

The survey can be found at:

https://survey.vt.edu/survey/entry.jsp?id=1183988629396

You may continue to browse the module or end this module by clicking below

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Index

pages

§ 3. Alcohol: ………………………………………….. 2 – 16

Possession………………………………... 4 – 6

In the Residence Halls………………….. 7 – 9

Heath & Safety…………………………... 10 – 11

Major or Minor…………………………... 12 – 13

§ 14. Involvement……………………………………… 17 – 23

§ 16. Identification Cards…………………………….. 24 – 32

§ 22. Unauthorized Entry…………………………….. 33 – 38

§ 5. Damage/Destruction……………………………. 39 – 44

Survey…………………………………………………………. 46


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