VCOM College Catalog and Student Handbook

As the review of a case by the PESB, Three-person Panel, or Campus Dean and the appeals process is an academic proceeding and not a legal proceeding, legal counsel is not allowed in the sessions. If a student believes a legal proceeding is warranted, this must be done through an outside court system. Members of the Professional and Ethical Standards Board may not include members with whom they have a conflict of interest, which includes health professionals providing health services to students through a provider-patient relationship. Prior to the student's presentation at the Professional and Ethical Standards Board, if the student identifies a conflict of interest with any member of the committee, that committee member must recuse themselves from the PESB. Notice of Review by the PESB, Three-Person Panel, or Campus Dean The PESB Chair, Chair of the Three-person Panel, or the Campus Dean shall give written notice of alleged misconduct to the alleged offender at least five calendar days prior to the date of the proceedings, unless the student agrees in writing to an earlier date. The notice shall set forth the following information: the time and date of the review and a clear and concise statement of the behavior that is alleged to constitute misconduct. The notice shall state that the student has the right to present testimony and up to four witnesses on their behalf. The notice shall also state that the student, shall reply to the charges against them in writing, and shall set forth any defense against such charges and provide the reply to the PESB Chair, Chair of the Three-Person Panel, or Campus Dean no later than two calendar days prior to the review. The response by the student shall also provide a list to the PESB Chair, Three-person Panel Chair, or Campus Dean of any witnesses the student plans to call on their behalf. The time for the review may be changed at the discretion of the PESB Chair, Chair of the Three-person Panel, or Campus Dean for good cause. The PESB, Three-person Panel, or Campus Dean must determine that valid evidence is present to confirm a violation has occurred. A quorum of the PESB or Three-person Panel will consist of a majority of its voting members. All decisions require a simple majority vote of the members present. Review by the PESB Upon request of the student for his/her case to be heard by the PESB, the Campus Dean will appoint members of the PESB. The PESB shall be composed of the two Associate Deans, a representative from Student Affairs, and faculty members appointed by the Campus Dean. A representative from the Honor Code Council and the Student Government Association President (or their designee) will also be present for the information gathering of the meeting but will not be present for deliberations or voting. The Campus Dean will also appoint a Chair for the PESB Committee. The Chair is responsible for conducting the review, for writing an accurate summary of the proceedings and decisions made by the panel, and for all correspondence with the Campus Dean and the student. All members (except the Honor Code Council and SGA representatives) are voting members unless otherwise designated as non-voting by the Campus Dean. In the case of a PESB review, the PESB determines if a violation has occurred and the Chair notifies the Campus Dean of the findings, verbally and in writing, along with their recommendations for action to be taken (if any) within 14 calendar days of the review. The Chair also provides a summary report of the PESB meeting that includes the evidence gathered and presented to the PESB in the meeting that was utilized by the PESB in their decision making process. The Chair of the PESB shall also provide a letter to the student with a succinct summary of the findings and the recommendations made to the Campus Dean within the 14 calendar days. The Chair will also notify the student by email that the letter is available, and the letter will be attached to the student email. Following the hearing, it is the responsibility of the student to be in touch with the Chair by email or phone to assure they receive the communication of the PESB recommendations to the Campus Dean.

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