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University of Virginia policy STAF-003 requires each student to self-disclose any arrests for violations of federal, state, local, or international law, excluding minor traffic violations that do not result in injury to others, within 72 hours. This duty applies regardless of where the arrest occurred (inside or outside the Commonwealth of Virginia) and regardless of whether the University is in session at the time of the arrest. An arrest includes the issuance of a written citation or summons regardless of whether the student is taken into custody by law enforcement. In addition to this ongoing duty to report, new and returning students are asked each year as part of their Annual Student Update Form whether or not they have been arrested or convicted of a crime. Students must report this information if they have not previously provided it to the University. There is a perception that some students simply may be unaware of the arrest self-disclosure policy, and the Annual Student Update Form is designed to both inform students and obtain the necessary responsive information from them each year. 

The following FAQs provides some answers to the most common questions associated with the student arrest disclosure process and the use of information obtained via self-disclosure:

1. What is the reason for this policy?

1. What is the reason for this policy?

The purpose of this policy is to help us maintain a safe community for all students, faculty, staff, and visitors. 

2. What types of arrests need to be disclosed by students?

Pursuant to policy, a student must disclose any arrests or convictions regardless of whether they occur inside or outside the Commonwealth of Virginia and regardless of whether the University is in session at the time. For purposes of this requirement, arrests include the issuance of a written citation or summons regardless of whether the student is taken into custody by law enforcement. They exclude minor traffic violations that do not result in injury to others. Charges related to driving under the influence of alcohol or other drugs are not “minor traffic violations” and must be reported. Students should err on the side of disclosure if they believe an arrest or conviction may be covered by this policy. 

3. What time period is covered by the duty to self-disclose?

The self-disclosure policy covers arrests and convictions not previously reported to the University via the Annual Student Update Form. Students also do not need to re-disclose matters that they have already disclosed to Student Affairs in prior years.

4. What about juvenile records, including those that have been sealed?

Given that the University does not enroll many students under age 18, there should be very few cases in which a juvenile record is at issue. In the highly unusual case where a minor student has an underlying juvenile arrest or conviction that occurs after admission to the University and is otherwise under seal, he or she should seek the advice of counsel regarding the disclosure obligation in light of the relevant law of the state in which the arrest or conviction occurred. An incoming student with a sealed juvenile record should consult with their legal counsel regarding this disclosure obligation. 

5. What about the distinction between arrests and convictions?

We recognize that arrests do not represent an adjudicated conviction or an admission of guilt. Disclosure of an arrest is understood as that - simply an arrest - and may result in follow-up questions by staff in the Policy, Accountability, and Critical Events (PACE) unit of the Student Affairs Division. Our focus at all times is on the underlying behavior. For those arrests that are referred to the University Judiciary Committee (and only where the underlying offense falls within the UJC’s jurisdiction), a UJC trial is generally delayed until the underlying criminal matter is fully resolved in court. What ultimately occurs in a criminal proceeding may certainly inform any action the University considers taking, but it does not dictate the University’s response.

6. What about criminal charges that have been dismissed or expunged?

Students should disclose arrests that were later dismissed, although there will be an opportunity after answering “yes” to explain the subsequent dismissal. Arrests or convictions that have been expunged by court action should not be disclosed (see the specific provisions of Virginia Code Section 19.2-392.4(A)). Note that “expunged” and “dismissed” are not the same thing. Students should consult with legal counsel if they believe a prior arrest or charge has been expunged as that term is defined under applicable law. A student who discloses an arrest to the University and later has that arrest expunged may contact PACE to request their disclosure be removed from University records. The student will need to provide the necessary legal documentation in such cases. 

7. Who reviews the information that is disclosed by students?

Staff in the Policy, Accountability, and Critical Events (PACE) unit will review each disclosure to determine if follow-up is needed. 

8. What action will be taken based on the information that is disclosed?

For most disclosures, there will be a follow-up e-mail or conversation to fill in any necessary facts and context. For arrests and convictions occurring in Virginia, staff in Policy, Accountability, and Critical Events (PACE) will access the public court records database of the relevant city or county to check the specific charges and status of each case (PACE also may do this for other states that utilize an online court records system).

For more serious infractions, PACE staff will require a meeting with the student to discuss the incident and collect more information, including what the student is doing to prevent future harmful behavior. PACE will also discuss information regarding University resources such as counseling and alcohol or substance abuse assistance to support the student in future decision-making.

Certain serious disclosures may also require referral to the University Judiciary Committee for adjudication, consistent with the system of student self-governance at UVA. For any cases that suggest a potential risk of violence, PACE will refer the matter to the University’s Threat Assessment Team for evaluation.

9. Will the information disclosed by students be reflected on a student’s academic or permanent record at UVA?

All disclosures are documented in a confidential, password protected database maintained by the University for the purpose of noting and tracking any follow-up actions taken and to provide possible context for any future infractions. Generally, only matters that ultimately result in UJC adjudication will be subject to future disclosure by PACE in response to student-authorized inquiries by graduate programs and employers regarding a student’s conduct or disciplinary record at the University. Arrest or conviction information may also be shared with appropriate student services staff in the student’s relevant school of the University (e.g., Engineering, Law, etc.) and may be subject to disclosure by that school if covered by a subsequently authorized disclosure by the student (for example, as part of a broad background check required under certain professional licensure requirements).

10. Is there a “two strikes” or “three strikes” policy that mandates particular disciplinary action by UVA based upon offenses disclosed through this process?

While many colleges and universities do employ a strict “two strikes” or “three strikes” policy or otherwise require immediate suspension for particular offenses, UVA does not. Instead, we utilize a case-by-case approach in evaluating conduct-related incidents. Each case will be evaluated on its facts to determine what follow-up, if any, is appropriate. Although a University official may impose an interim suspension of a student (which generally remains in place until a UJC hearing may occur), that interim sanction is used only in the most serious cases that are determined to present a present risk to safety.

11. What about graduate or professional school students? Do the same procedures apply to them?

Yes. Graduate and professional school students should respond in the same manner as undergraduate students. The review and follow-up procedure that PACE will follow is the same regardless of school of enrollment. Information may be shared by PACE with the student services professional in the school of enrollment, as those staff members may have more regular opportunities to interact with their graduate or professional school students.

12. What about a student’s privacy?

Most arrests and convictions are a matter of public record in the court files of each jurisdiction. In addition, students agree to be governed by the policies of the University when they enroll, and as noted, this policy requiring self-disclosure of criminal arrests or convictions is not new. The University will maintain the information disclosed by students pursuant to this policy in a confidential fashion. It will be accessible to, and reviewed by and with, only those staff with a need to know such information.

13. What role do the Honor system and the University Judiciary Committee play in this procedure?

As with many other things at UVA, a student is being asked to give a truthful response regarding arrests and convictions “on their Honor.” Thus, a knowingly false response that is significant in nature (as defined by the Honor system) would be subject to referral to the Honor Committee for investigation and further action. In addition, a failure to comply with the self-disclosure policy could be referred to the University Judiciary Committee for a trial based upon an allegation that such failure represents a violation of the University’s Standards of Conduct (in particular, Standards of Conduct 6 and 12). Under UVA’s system of student self-governance, the ultimate adjudication of any matter referred to the Honor Committee or University Judiciary Committee rests with our students.