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Issue date: 2/4/10 Section: Residence Life

Media Credit: www.istockphoto.com A Resident Assistant withdrew from LC after alledgedly stealing checks from her roommate and depositing $970 into her account, a felony offense.

Just three days before she left for a study abroad program in India, senior Diana Vieyra discovered that someone took $970 out of her bank account and deposited it into their own account. What frustrated her the most, she said, was that she knew exactly who deposited her checks.

Vieyra said she immediately recognized the name that appeared on her online bank statement. That person was her house mate at 345 College Street and Resident Assistant, junior Felicia Gray.

Vieyra said she contacted her bank, which deemed the incident as fraud and immediately replaced the money. Although Vieyra's money was returned, she said she still does not feel as though justice has been served.

Vieyra reported the incident to Lynchburg College and met with Vice President and Dean for Student Development John Eccles to help initiate the judicial process.

All attempts to contact Gray have been unanswered.

Eccles said, Gray withdrew from LC and as of Friday, Jan. 29, Gray was no longer an employee of LC Residence Life, Director of Residence Life Kristen Cooper said.

LC's Honor Code violations are separated into two categories -Academic Integrity and Personal Integrity. Stealing is an A-level violation of Personal Integrity which generally results in suspension, according to The Hornet.

"Whenever there is a report of any A-level violation, the report is assigned to an investigator. [S/he] makes a decision of whether or not to charge," Eccles said in an interview.

While Eccles would not confirm whether or not the judicial process will continue since Gray is no longer an LC student, he said general policy states that the withdrawal of a student does not necessarily terminate the judicial process.

"…The judicial process can continue even if a student withdraws," Eccles said in an email.

Check fraud is a felony under Virginia Code, violation of a city, state or federal law is also a violation of the Student Conduct Code, according to The Hornet.

Virginia Code states that anyone who attempts to defraud a person under false fabrication can be charged with a class 4 or 5 felony, according to law.justia.com and the "Check Fraud Information" page on michaelsdavislawfirm.com.

"Any person who shall obtain, by any false pretense or token, the signature of another person, to any such writing, with intent to defraud any other person, shall be deemed guilty of the forgery thereof, and shall be subject to like punishment," according to the Virginia Code (§18.2-172).

Cooper would not comment on specifics of this incident, but described the process that generally follows this type of incident.

"We hold our staff to very high expectations. Anytime a staff member is involved in a situation or incident, we address it immediately. Generally, these terms can include, but are not limited to, probation and/or termination depending on the severity of the respective situation(s)," Cooper said in an email.

Cooper also said that Residence Life trusts its staff and that the breaking of that trust is not tolerated.

"Our staff members are entrusted with a great deal of access with regards to facilities and information. The breaking of this trust or the abuse of power and privilege is not tolerated within the Office of Residence Life staff," Cooper said in the email.

It is an A-level violation to gain unauthorized entry in any College facility (A9.1), according to The Hornet.

As soon as Vieyra returned from India, she contacted her bank to find out where the checks were deposited so that she could file a police report.

The case was given to Nelson County Police Investigator, Wright after Vieyra filed a police report. Vieyra said she felt as though he did not handle the case with priority and that he attempted to settle a negotiation between Gray and Vieyra.

"The investigator, at first, didn't take this really seriously. He tried to begin a negotiation. According to the investigator, my former RA told him I agreed for her to pay me $200 a month. I told him that doesn't amount to the crime she committed, and the stress and frustration that she has caused me and she deserves to be punished," Vieyra said in an email.

Several attempts to retrieve information were unanswered by the Nelson County Sheriff's Office.

Vieyra said she has had to move out of her house on College Street and into the townhouses. As of right now, she said she is waiting for action from LC and to see if hiring a lawyer would be necessary to get the justice she wants to see.

"I want to see change. A criminal is out there with keys to your room. She deserves some kind of reprimand. I think people need to take things more seriously," Vieyra said.

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