A transcript notation will be made as the result of a substantiated finding of responsibility of sexual violence perpetrated against a person's will or against a person incapable of giving consent, and will be placed on the respondent's academic transcript if the respondent is suspended from, permanently dismissed from, or withdraws from the University while under investigation for an offense involving sexual violence, as required by[ |http://law.lis.virginia.gov/vacode/title23.1/chapter9/section23.1-900/]Virginia state law.
Sexual harassment for purposes of transcript notation at EMU is defined by Title IX of the Education Amendments of 1972 and its implementing regulations. For Title IX-related purposes, sexual harassment is defined as follows:
- Quid pro quo;
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's educational program or activity;
- Sexual assault, dating violence, domestic violence or stalking as defined in the Clery Act and the Violence Against Woman Act
In addition to the above, the following conditions must also be met:
- Misconduct occurs within the school's program or activity;
- Misconduct occurs in the United States in/on/at a campus owned/controlled space
That said, the University will respond to sexual violence and misconduct that does not meet the definition of a Title IX violation but violates other University policies, such as prohibited conduct under EMU's RVSM Policy. These violations may also be tracked on transcripts.
Outcome letters are shared with the complainant, the respondent, and any named advisors, and serve as the conclusive document guiding the University's actions moving forward on a given case. Any definitions referenced throughout a procedure and in such case documentation, including the named policy violations, are outlined in the policy that is in place at the time and guide the University's handling of a matter.
If the respondent is found responsible under the RVSM Policy, including under the Title IX definition of sexual harassment, and after all rights to appeal have expired under the RVSM Policy, the respondent will receive a separate written notice from the University Provost that the respondent's suspension, permanent dismissal, or withdrawal will be documented on the respondent's academic transcript.
The Provost will communicate to the University Registrar the wording of the notation to be added to the respondent's transcript.
Additionally, in compliance with Virginia state law, a notation can be removed from a student's academic transcript in either of the following two circumstances:
- Suspension. Following the conclusion of the student's suspension after being found responsible under the RVSM Policy, the transcript notation will be removed from the student's academic transcript upon (a) completion of the term and any conditions for the student to return to the University; and (b) upon the student's graduation or withdrawal from the University as long as the student is in good standing at the time of the graduation or withdrawal. Good standing is defined to include that the student has complied with the conditions of the suspension, and has not since been found responsible for violating any other University policy or rule, and has not been barred or banned from any other University activity.
- Time. After three years or more have passed from the effective date of the student's dismissal or withdrawal from the University, provided that the student establishes good cause for the expungement. Good cause shall be defined to mean a compelling and necessitous need for the expungement.
Expungement will be granted upon the submission of a written request and supporting documentation from the student to the university Provost. The Provost, Title IX Coordinator and the Dean of Students will then review the student's record, including the RVSM Policy-related record and the student's written request and supporting documentation, to determine whether or not the student has met the above criteria. The student will receive written notice of the decision as to whether or not the expungement is granted. The decision, made jointly by the Provost, Title IX Coordinator, and the Dean of Students, will be final. Any decision to expunge a transcript notation will be communicated to the University Registrar by the Provost.
For FERPA reasons, the Virginia statute does not require notification to the complainant when the transcript notation is made or if/when when it is expunged, because transcript notation is not a sanction that directly relates to or involves the complainant.