Eastern Mennonite University’s mission is to equip students to serve and lead in a global context. As a Christian university, EMU serves its denomination, the broader church, and the common good through the acquisition and dissemination of disciplined knowledge and reflective practice. In order to carry out its educational mission, EMU is committed to maintaining a community of learning where all members ‐‐ faculty, staff, and students alike ‐‐ are free to pursue truth in all disciplines and modes of inquiry, and are protected from internal or external influences that would restrict them from the responsible exercise of truth‐seeking.

Academic freedom at EMU is practiced within the context of specialized disciplines and in support of the university’s mission as articulated in its foundational documents. EMU is guided by the definition of academic freedom articulated in the American Association of University Professors’ Policy Documents and Reports, 11th Edition, paraphrased below.

1. Insofar as they adequately perform their academic duties and serve the mission of EMU, members of the EMU learning community (faculty, staff, and students) are entitled to freedom in their research, course design, and learning endeavors, and in the dissemination of results. Faculty should consult with the appropriate officers of the university before conducting sponsored research or signing external contracts.
   
   

2. EMU faculty, in their areas of expertise, and students, as engaged learners, have freedom in the classroom in discussing the subjects of the course, but should exercise care when introducing into the teaching and learning process matters unrelated to the subject and their expertise.
   
   

3. The members of our learning community are global citizens and representatives of Eastern Mennonite University. When they speak or write as citizens, they will be free from censorship or discipline from EMU. Members of the EMU learning community, however, should be cognizant of the obligations imposed by their special position in the community. They should remember that the public may judge their profession and EMU by what they say, write, or display. The expectation, then, is for members of the learning community to express themselves with accuracy, clarity, and vigor; to practice appropriate restraint; to show respect for others’ opinions; and to make every effort to indicate that they are not speaking for the institution.

Our Christian university serves the church and the common good both by transmitting and by critically challenging received traditions of human knowledge. Because debates regarding traditional wisdom can be perceived as threatening and may often involve trial and error, community members shall exercise academic freedom responsibly in a spirit of civility, humility, respect, and care for the common good. Specifically, EMU expects that academic freedom be exercised within the context of the university’s Life Together Commitments, Non-Discrimination Policy, Bias Response Policy and Procedure, Relationship Violence and Sexual Misconduct Policy, and other policies related to workplace safety and campus community. When so exercised, academic freedom reflects and extends EMU’s core Christian values of discipleship, community, and service.

Eastern Mennonite University is committed to academic freedom as articulated in its academic freedom policy.  EMU also recognizes that freedom of any sort comes with attendant risks. The free exercise of academic writing, speech, and performance may have consequences for the university in a variety of arenas.  These include, for example: 1) identity and mission; 2) relationships with important constituencies; 3) reputation; 4) finances; and/or 5) health and safety. Importantly, some expressions of potentially controversial ideas and arguments can put at risk the culture of civility and respect that is foundational for the very exercise of academic freedom in a community of learning.

The following procedural guidelines and expectations are intended to guide the exercise of academic freedom within the context of EMU’s mission, particularly when there are concerns about potential negative consequences.  Adherence to these procedures will maintain a supportive environment for free and vigorous academic engagement and will safeguard the context of civility, humility, respect, and care for the common good that is necessary for EMU to achieve its mission.

1. Open communication – Faculty, staff, and students are expected to engage in civil conversation with one another and are encouraged to bring potentially controversial topics to discussions at multiple levels (e.g., one-to-one, mentor-mentee, student group meetings, departmental meetings, faculty meetings) for discernment about attendant risks and appropriate forums for engaging the controversy.  Attempts to identify major stakeholders and to include them in the decision-making should be made as early as possible.

2. Engaging controversy – Congruent with the footnotes of the AAUP Academic Freedom statement, the intent of the Academic Freedom policy and procedures is “not to discourage what is controversial” (AAUP Policy Documents & Reports, 2015, footnote #4, pg. 14).  The EMU procedures are meant to support the civil, humble, respectful, and careful engagement of controversy, such that EMU’s mission is supported and advanced.

3. Risk identification – It is not always possible to identify which expressions of potentially controversial ideas and arguments will impose risks.  Faculty, staff, and students are encouraged, however, to bring voice to any identified risks as early as possible and to use open communication strategies to reduce or eliminate risks.

1. Role definition of the Board of Trustees – The role of the board of trustees is to oversee the EMU administrators’ application of policies and protection of the university mission.  They will not, therefore, be directly involved in operational decisions about attendant risks, threats to, or violations of academic freedom.

2. Role definition of the university president – The president bears ultimate responsibility to protect academic freedom within the university and to articulate it to the university’s various publics.  The president therefore must be informed about potential significant controversies and has ultimate authority, after appropriate consultation, to make decisions in cases where significant risk to the university is at stake.

3. Role definition of academic officers -- The provost and the academic deans hold the responsibility to develop and implement policies and procedures that support academic freedom.

4. Role definition for program directors – Since a program director could potentially find him/herself on either side of a controversial matter with regard to faculty, staff, or student activities, the director shall not be put in the position of final decision-making but will participate in open communication and leadership of a decision-making process.

5. Ad hoc Academic Freedom Review committee –

   1. An ad hoc committee may be called together by the provost at the request of any person involved in identifying risks who has not been able to reach a resolution through application of open communication strategies.

   2. Members: Provost, the appropriate dean, at least 2 faculty members, at least 1 student, at least 1 staff member (such persons will be identified by the provost in consultation with the appropriate dean and program director when a case arises).

   3. Faculty, staff, or students involved in the controversy will be invited to present their perspective to the ad hoc committee.

   4. The ad hoc committee may solicit input from stakeholders, other faculty, staff, and students in their review of the case.

   5. The ad hoc committee has the authority to make decisions on the best venue in which to engage the controversy, the method of display or presentation, and the format for interacting with the public.  In particularly controversial or public cases, the committee will make a recommendation to the president, who will have the ultimate decision-making authority.

   6. To protect the time of all involved, decisions will be made according to a timeline established at the first meeting of the ad hoc committee, reserving the right of the committee to adjust the timeline as the case unfolds.

6. Violation/misuse of the right to Academic Freedom – If a faculty or staff person believes their right to academic freedom has been violated, he/she should follow the University Grievance Policy and Procedures to process the violation.  If a student believes their right to academic freedom has been violated, he/she should follow the Student Complaint Policy. Misuse or abuse of the right to academic freedom in ways that are damaging to the university will be addressed using regular human resources procedures.  

1. Conflict and Grievance Policy and Procedure

2. Student Complaint Policy (http://www.emu.edu/policies/)

3. Counseling Center  (http://www.emu.edu/studentlife/counseling/)

4. Faculty Senate Academic Subcommittee

5. Faculty policies: Hiring, Appointment, Loading, Contract Reviews and Promotions

The provost is responsible for this policy.

This policy is to be reviewed every three years.

Employee Handbook, Student Handbooks

In accordance with the Drug-Free Schools and Communities Act of 1989 and in support of local, state and federal regulations pertaining to the illegal use of alcohol and other drugs, the possession or use of alcohol, tobacco and illegal drugs is prohibited from the EMU campus as well as all university-related functions.

Persons who misuse, obtain for others to use or distribute alcohol, tobacco, or illegal drugs on campus will be held responsible in accordance with the University Standards of Conduct. Students who misuse alcohol, tobacco or illegal drugs off campus will also be in violation of the university policy and may be held responsible by the appropriate university officials. Misuse is identified as consumption that compromises the safety of oneself or others, underage drinking and/or drinking to excess, intoxication, illegal personal use and/or rowdiness, and damage or destruction of property.

NOTE on Self-Reporting/Amnesty for Alcohol and Other Drugs: Individuals who self-report consumption or potential misuse of alcohol and other drugs will not face university disciplinary action. In cases of self-reporting, a member of the student life staff will meet with the student to determine the best educational and/or recovery options available for the student, if needed. In cases of self-reporting, the university will offer its own resources as well as community-based resources to help.  

A number of services are available in Harrisonburg/Rockingham County, Lancaster PA, or Washington DC for persons dealing with addictions to alcohol or other substances. The following are treatment & rehabilitation programs and support services. The EMU Counseling Center (counselingservices@emu.edu) will assist any student in making contact with any of these agencies. Any such referral is confidential.

Resources can be searched for and found at https://emu.edu/studentlife/counseling/resources/

The following guidelines provide for a mutually supportive environment for leashed animals, service dogs, the people they accompany and the community at large on campus at Eastern Mennonite University.  

All animals on campus must be on a leash and under the constant supervision and control of their owner/guardian at all times.

1. Except for service animals and Emotional Support Animals, no animals are permitted in University buildings or facilities. See EMU Emotional Support Animal Policy and Procedure and EMU Service Animal Policy.

2. No animal may be left unattended at any time on campus. No animals may be tied or tethered to any University property, including but not limited to buildings, railings, bike racks, fire hydrants, fences, sign posts, benches, and trees.

3. Animals are not permitted in flower gardens/beds or fountains.

4. Animals may not disrupt or interfere with University activities, including but not limited to teaching, research, service, or administrative activities.

5. Owners/guardians are responsible for clean up after their animals. Owners/guardians are strictly liable for any damage to property or injury to persons caused by their animals.

6. Owners/guardians must comply with all state and local laws pertaining to animal control while on campus.

7. These guidelines do not apply to animals used by the University for teaching purposes, research, or other authorized University activities.

Persons observing non-compliance with these guidelines should call Campus Safety (540-432-4911) for follow up. Non-compliance that is contrary to state or local regulations will be reported to the Harrisonburg Police Department Support Services Animal Control Unit.

Eastern Mennonite University is a Christian institution that is committed to creating and maintaining an educational environment that fosters respect for others and is free from intolerance directed toward individuals or groups. The following ideals describe the learning community we aspire to be: Love for God and one another, wisdom, equality, sustainability, and accountability (Life Together: Commitments for a Community of Learning, 2017). It is within the mission of Eastern Mennonite University to promote and develop an inclusive campus climate which seeks harmony and cross cultural communication, encourages and embraces differences, recognizes values, and affirms all community members.

All university-enrolled students, parents of students, and visitors located on property-owned, leased, or otherwise controlled by Eastern Mennonite University are expected to comply with this policy.

While the university is equally invested in protecting freedom of speech, academic freedom, and the widest, possible dialogue in the classroom and research,  Eastern Mennonite University does not condone acts of discrimination towards individuals or groups based on the following classifications listed below:

Bias incidents are harmful to the EMU community and/or individuals within the EMU community. A bias incident is an act or behavior motivated by an individual or group bias against the identity of an individual or community. Bias occurs whether the act is intentional or unintentional and may be directed toward an individual or group. A bias incident may take the form of a verbal interaction, cyber-interaction, physical interaction, or interaction with property.  Bias often creates harm and contributes to or creates an unsafe/unwelcoming environment for individuals and communities.

• Unwelcome comments and conduct with bias connotation(s) or subject matter that are demeaning to an ethnic group or people of a particular skin color or group

• Offensive and vulgar jokes, name-calling, ridicule or mockery, insults or put-downs, stereotyping based on a person’s skin color, ethnicity, or national origin, physical gestures or enactments, or displaying racist photographs or objects;

• Suggestions or expressed/implied communications that classifications listed above will affect decisions regarding such matters as employment, work assignment or status, academic standing, grades, receipt of financial aid, or letters of recommendation, or receipt of an EMU benefit or service;

• Physical assaults or threats and intimidation

Formal policy and procedures are outlined in the Standards of Conduct in the Undergraduate Student Handbook, Seminary and Graduate Student Handbook, Lancaster Student Handbook, and Title IX Relationship Violence and Sexual Misconduct policy. These standards are listed and referenced as bias motivated, prohibited conduct and bias informed procedures and outcomes. The university understands that those with a history of trauma are capable of hurting others due to unresolved hurt; however, this preference for trauma informed processes does not excuse behavior such as harassment or expressions of bias or hate aimed at individuals that violate the Standards of Conduct. Consequently, while the university seeks educational approaches and responses as much as possible, the severity of the violation could result in action up to, and including, permanent separation from the university for those individuals found responsible.

Eastern Mennonite University actively strives to educate its members on appropriate discourse and behaviors for living and learning in community. 

The university commits itself to conducting trainings, workshops, presentations and marketing campaigns to promote a respectful and inclusive campus throughout the academic year through programs and initiatives led by Student Life and the Committee on Diversity and Inclusion (CODI).

The bias response team consists of:

• Dean of Students

• Title IX Coordinator

• Director of Multicultural Student Services

• Bias response trained faculty member

This team receives, monitors, refers, and, as necessary, coordinates university responses to hate and bias related incidents that impact one, all, or a significant portion of the university community.

Bias reporting is a resource for anyone who needs to communicate an incident or explore a better understanding around issues of discrimination and learning how to effectively respond. All members of the university community are encouraged to report incidents of bias in any of the following ways:

Campus Reporting Landing Page: https://cm.maxient.com/reporting.php?EasternMennoniteUniv

Other ways to report:

• Director of Multicultural Student Services: 540-432-4458

• Campus Safety and Security: 540-432-4911

• Campus Life on Duty: 540-476-4578

• Title IX coordinator: 540-432-4849 or titleixcoordinator@emu.edu

• Harrisonburg Police Department: 911

In addition to a university response, EMU also encourages reporters to pursue criminal action for incidents that may also be crimes under Virginia criminal statutes. Students harmed by bias related incidents may simultaneously pursue criminal and university disciplinary action.

Harrisonburg Campus Resources:

• Multicultural Student Services: 540-432-4458

• Campus Life: 540-432-4128; reslife@emu.edu

• Campus Ministries: 540-432-4115; campusministries@emu.edu.

• Counseling Services:  540-432-4137; counselingservices@emu.edu 

• International Student Services: 540-432-4159; micah.shristi@emu.edu

• Dean of Students: 540-432-4134

The provost is responsible for this policy.

This policy is to be reviewed every three years.

Employee Handbook, Student Handbooks

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, went into effect October 28, 2002. This act requires institutions of higher education to issue a statement advising their campus community where law enforcement agency information provided by their State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice to each institution of higher education in that State at which the person is employed, carries a vocation, or is a student. In the Commonwealth of Virginia, convicted sex offenders must register with the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police.

The Sex Offender and Crimes Against Minors Registry (SOR) for VIOLENT SEX OFFENDERS is available via Internet pursuant to Section 19.2-390.1, (D), of the Code of Virginia. Registry information provided under this section shall be used for purposes of administration of criminal justice, screening of current or prospective employees, volunteers or otherwise for the protection of the public in general and children in particular. Unlawful use of the information for purposes of intimidating or harassing another is prohibited and willful violation shall be punishable as a Class 1 misdemeanor. The Virginia State Police are responsible for maintaining this registry. Follow the link below to access the Virginia State Police website. http://sex-offender.vsp.state.va.us/cool-ICE

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, went into effect October 28, 2002. This act requires institutions of higher education to issue a statement advising their campus community where law enforcement agency information provided by their State concerning registered sex offenders may be obtained.  It also requires sex offenders already required to register in a State to provide notice to each institution of higher education in that State at which the person is employed, carries a vocation, or is a student.

Pennsylvania's General Assembly has determined that public safety will be enhanced by making information about registered sex offenders available to the public through the Internet. Knowledge whether a person is a registered sex offender could be a significant factor in protecting yourself, your family members, or persons in your care from recidivist acts by registered sex offenders. Public access to information about registered sex offenders is intended solely as a means of public protection.

Pursuant to the provisions of Pennsylvania's Megan's Law, 42 Pa.C.S. § 9791 et seq., the State Police has established this web page to provide timely information to the public on registered sex offenders who reside, attend school, are employed/carry on a vocation, within this Commonwealth.

Pennsylvania's Megan's Law, 42 Pa.C.S. § 9799.1, requires the State Police to create and maintain a registry of persons who reside, work/carry on a vocation, or attend school in the 

Commonwealth and who have either been convicted of, entered a plea of guilty to, or adjudicated delinquent of certain sex offenses in Pennsylvania or another jurisdiction. Additionally, the Pennsylvania State Police is required to make certain information on registered sex offenders available to the public through an Internet website. The Pennsylvania State Police has established this website according to the requirements of 42 Pa.C.S. § 9798.1.  Megan’s Law web site 

The Sex Offender Registration Act of 1999 established a sex offender registration program for the District of Columbia and authorized the Metropolitan Police Department to release sex offender information to the public.

A list of Class A and Class B registered sex offenders is provided on this website as a service to the community. The public may review the entire sex offender registry by visiting one of the Police Districts or the Sex Offender Registry Unit.

Address information is provided at the block level only; no specific addresses are provided. As a result, users should note that, at times, it may appear as if multiple offenders reside at a specific address. This is not always the case.

You are cautioned that information provided on this website is information of record and may not reflect the current residence, place of employment, school, status, or other information concerning the registrant (offender).

Please note that unless specifically indicated, these individuals are not wanted by the police at this time.

Unlawful use of this information to threaten, intimidate, harass, or injure a registered sex offender will not be tolerated and will be prosecuted to the full extent of the law.

If you have concerns about a sex offender in your neighborhood or sex offenders in general, have information on the whereabouts of a wanted sex offender, believe any information on this website is in error, or if you would like further information, please contact:

Metropolitan Police Department

Sex Offender Registry Unit

441 4th Street, NW, Room 550 South

Washington, DC 20001

Phone: (202) 727-4407

Email: sexoffender.registry@dc.gov

If you are a first-time visitor to our site, you must read all of the information on the search registry page before proceeding: Search Sex Offender Registry

In accordance with enactment of the Sex Offender Registration Act of 1999, this information is being provided to the community.

Unlawful use of this information to threaten, intimidate, harass, or injure a registered sex offender is prohibited and will be prosecuted to the full extent of the law.

Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services.

VA Code 4.1-305

A. No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than 21 years of age is due to such person's making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer or his agent when possession of an alcoholic beverage is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows that such consumption or possession was pursuant to subdivision 7 of § 4.1-200.

B. No person under the age of 21 years shall use or attempt to use any (i) altered, fictitious, facsimile, or simulated license to operate a motor vehicle; (ii) altered, fictitious, facsimile, or simulated document, including but not limited to a birth certificate or student identification card; or (iii) motor vehicle driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, birth certificate, or student identification card of another person in order to establish a false identification or false age for himself to consume, purchase, or attempt to consume or purchase an alcoholic beverage.

C. Any person found guilty of a violation of this section is guilty of a Class 1 misdemeanor, and upon conviction (i) such person shall be ordered to pay a mandatory minimum fine of $500 or ordered to perform a mandatory minimum of 50 hours of community service as a condition of probation supervision and (ii) the license to operate a motor vehicle in the Commonwealth of any such person age 18 or older shall be suspended for a period of not less than six months and not more than one year; the license to operate a motor vehicle in the Commonwealth of any juvenile shall be handled in accordance with the provisions of § 16.1-278.9. The court, in its discretion and upon a demonstration of hardship, may authorize an adult convicted of a violation of this section the use of a restricted license to operate a motor vehicle in accordance with the provisions of subsection E of § 18.2-271.1 or when referred to a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1. During the period of license suspension, the court may require an adult who is issued a restricted license under the provisions of this subsection to be (a) monitored by an alcohol safety action program or (b) supervised by a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. The alcohol safety action program or local community-based probation services agency shall report to the court any violation of the terms of the restricted license, the required alcohol safety action program monitoring or local community-based probation services and any condition related thereto or any failure to remain alcohol-free during the suspension period.

D. Any alcoholic beverage purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-338.

E. Any retail licensee who in good faith promptly notifies the Board or any state or local law-enforcement agency of a violation or suspected violation of this section shall be accorded immunity from an administrative penalty for a violation of § 4.1-304.

F. When any adult who has not previously been convicted of underaged consumption, purchase or possession of alcoholic beverages in Virginia or any other state or the United States is before the court, the court may, upon entry of a plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt of a violation of subsection A, without entering a judgment of guilt and with the consent of the accused, defer further proceedings and place him on probation subject to appropriate conditions. Such conditions may include the imposition of the license suspension and restricted license provisions in subsection C. However, in all such deferred proceedings, the court shall require the accused to enter a treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. If the accused is placed on local community-based probation, the program or services shall be located in any of the judicial districts served by the local community-based probation services agency or in any judicial district ordered by the court when the placement is with an alcohol safety action program. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, (ii) certified by the Commission on VASAP, or (iii) by a program or services made available through a community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services rather than the alcohol safety action program, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.

Upon violation of a condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the conditions, the court shall discharge the person and dismiss the proceedings against him without an adjudication of guilt. A discharge and dismissal hereunder shall be treated as a conviction for the purpose of applying this section in any subsequent proceedings.

When any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.

A. Any person who purchases alcoholic beverages for another person, and at the time of such purchase knows or has reason to believe that the person for whom the alcoholic beverage was purchased was (i) interdicted, or (ii) intoxicated, is guilty of a Class 1 misdemeanor.

A1. Any person who purchases for, or otherwise gives, provides, or assists in the provision of alcoholic beverages to another person, when he knows or has reason to know that such person was less than 21 years of age, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than 21 years of age is due to such person's making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer when possession of an alcoholic beverage is necessary in the performance of his duties, is guilty of a Class 1 misdemeanor.

B. In addition to any other penalty authorized by law, any person found guilty of a violation of this section shall have his license to operate a motor vehicle suspended for a period of not more than one year. The court, in its discretion, may authorize any person convicted of a violation of this section the use of a restricted permit to operate a motor vehicle in accordance with the provisions of subsection D of § 16.1-278.9 or subsection E of § 18.2-271.1.

C. Any alcoholic beverages purchased in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-338.

VA Code 18.2-204.2.

1. Except as provided in subsection D of § 18.2-204.1, it shall be unlawful for any person to manufacture, advertise for sale, sell or possess any fictitious, facsimile or simulated driver's license issued by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any foreign country or government; United States Armed Forces identification card; United States passport or foreign government visa; Virginia Department of Motor Vehicles special identification card; official identification issued by any other federal, state or foreign government agency; or official university or college student identification card, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid license or identification of any type specified in this subsection.

2. Any person manufacturing, advertising for sale, selling or reproducing such card or facsimile thereof shall be guilty of a Class 1 misdemeanor.

3. Any person possessing any such card or facsimile thereof shall be guilty of a Class 2 misdemeanor.

4. The provisions of this section shall not preclude an election to prosecute under § 18.2-172, except to prosecute for forgery or uttering of such license or identification card or facsimile thereof as proof of age.

VA Code 18.2-270

A. Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days.

B. 1. Any person convicted of a second offense committed within less than five years after a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.

2. Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.

3. Upon conviction of a second offense within 10 years of a prior offense, if the person's blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.

C. 1. Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.

2. A person who has been convicted of § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266 shall upon conviction of a subsequent violation of § 18.2-266 be guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation of § 18.2-266 shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000.

3. The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000.

4. The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.34.

D. In addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of § 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.

E. For the purpose of determining the number of offenses committed by, and the punishment appropriate for, a person under this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former § 18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-51.4, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.

F. Mandatory minimum punishments imposed pursuant to this section shall be cumulative, and mandatory minimum terms of confinement shall be served consecutively. However, in no case shall punishment imposed hereunder exceed the applicable statutory maximum Class 1 misdemeanor term of confinement or fine upon conviction of a first or second offense, or Class 6 felony term of confinement or fine upon conviction of a third or subsequent offense.