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Code of Conduct & Student Conduct Procedures

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Section I: Introduction

Section II: Definitions

Section III: Authority

Section IV: The Code of Conduct

Section V: Student Conduct Disciplinary Procedures

Section VI: Protocol for Violations of Academic Integrity

Section VII: Disciplinary Records

Section VIII: Interpretation and Review




Section I: Introduction

This document outlines the standard procedures and practices of the University discipline process. To be fully aware of their individual rights and responsibilities in this process, students are encouraged to review all of the materials on the Office of Student Conduct website (http://studentaffairs.psu.edu/conduct).

The Office of Student Conduct strives to deliver a student discipline process that is equitable, just, educational, effective and expeditious; and to provide a system that promotes student growth through individual responsibility and in which the success of its educational endeavors is characterized by increased civility.

The Office of Student Conduct supports the University’s educational mission by promoting a safe, orderly and positive University climate through enforcing behavioral standards, enacting and facilitating intervention efforts, managing disciplinary proceedings, mentoring students, developing leadership, delivering informational programming and fostering peer education. We hope to create a University culture that is self-disciplined, where civility is embraced, and the norms and foundational beliefs validate the essential values of Penn State University, namely

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Section II: Definitions

A. The term “University” means The Pennsylvania State University (including its campuses).

B. "Student” includes all individuals taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, both degree and non-degree seeking, as well as individuals enrolled in non-credit courses and programs.  In addition, for purposes of the Student Code of Conduct, Code jurisdiction also includes individuals who have accepted an offer of admission to the University; and students who withdraw after allegedly violating the Student Code of Conduct, who are on leave of absence from the University, or who are not officially registered and/or enrolled for a particular term but have a continuing relationship with the University.

C. The term “faculty member” refers to members of the University with academic appointments as well as those with emeritus status.

D. The term “staff member” is defined as anyone hired by the University, apart from faculty members, with administrative or professional responsibilities.

E. The term “University community member” includes any person who is a student, faculty member, staff member, or other person employed by the University.

F. The term “University premises” is defined as any building, facility, land, or other property owned, used or controlled by the University, including adjacent streets and sidewalks.

G. The term “Title IX” refers to Title IX of the Education Amendment of 1972 and the related regulations and guidance, specifically as it relates to sexual harassment, gender discrimination and harassment, sexual assault and sexual violence.  Special procedures exist (Section V, D) for complainants of Title IX violations. 

H. The term “Crimes of Violence” is defined as any behavior that may involve a crime of violence as defined in the Code of Federal Regulations, Title 34, Appendix A. 

I. The term “complainant” is defined as any person alleging that they were adversely affected by a student who participated in a violation of the Code of Conductcrime of violence and/or Title IX incident (.  Special procedures exist (in Section V, C) for complainants of crimes of violence and/or Title IX violations. 

J. The term “respondent” is defined as a student who allegedly violated the Code of Conduct. 

K. The “Senior Director” is defined as the Senior Director of the Office of Student Conduct who is designated by the University President to be responsible for the administration of the Code of Conduct and the student conduct process.

L. The term “Case Manager” is defined as any University official who is authorized by the Senior Director of the Office of Student Conduct to meet with students regarding alleged violations of the Code of Conduct, to recommend charges and sanctions, to serve as University presenters in hearings, and to monitor and mandate the completion of assigned sanctions. This includes staff in the Offices of Student Conduct and Residence Life, and others designated by Senior Director.

M. The term “University Conduct Board” is defined as a specific group of faculty, staff and students authorized by the Senior Director to determine, through a hearing, whether a student has violated the Code of Conduct and to assign sanctions in response to violation(s).

N. The term “University Conduct Board Chair” is defined as the faculty or staff members authorized by the Senior Director to serve as chairpersons of the University Conduct Boards during University Conduct Board Hearings.

O. The term “Administrative Hearing Officer” is defined as the faculty or staff members authorized by the Senior Director to conduct Administrative Hearings.

P. The term “Sanction Review Officer” is defined as the University community members who conduct Sanction Reviews, when requested, for sanctions of Probation with Transcript Notation or higher.  The Sanction Review Officer is the Associate Vice President for Student Affairs at University Park, or designee, or the Campus Chancellor at other Penn State campuses, or designee. 

Q. The term “Student Conduct Appeals Officer” is defined as the University community member authorized to conduct Student Conduct appeals.  The Student Conduct Appeals Officer at University Park is the Vice President for Undergraduate Education for Undergraduate students, the Senior Vice President for Research and Dean of the Graduate School for Graduate students, or the campus Chancellor for students at Commonwealth Campuses, or their designees.

R. The term “witness” is defined as an individual who has had direct involvement in an incident and/or who was provided with information regarding the incident directly from the respondent, alleged victim, or both. This also includes individuals who in their professional capacity have contributed information which led to University charges. Private investigators will not typically be permitted in the University’s conduct process.

S. The term “advisor” is defined as any person selected by the respondent or complainant to assist and accompany them through the University conduct process (including Disciplinary Conferences, Administrative/University Conduct Board Hearings, Sanction Reviews, and formal Appeals).  Parties may choose from a list of trained advisors available at the Office of Student Conduct website, choose a non-trained advisor, or may choose to proceed without an advisor. A party shall not select an advisor with the actual or effective purpose of disrupting the proceedings, causing emotional distress to the other party, or otherwise attempting to disrupt the process. The advisor, upon request of either party, may (1) accompany the party in any disciplinary proceeding, (2) advise the party in the preparation and presentation of sharing of information, and (3) advise the party in the preparation of any appeals or sanction reviews.  The advisor shall not perform any function in the process other than advising the party and may not make a presentation or represent the party.  The parties are expected to ask and respond to questions on their own behalf, without representation by their advisor. The advisor may consult with their advisee quietly or in writing, or outside during breaks, but may not speak on behalf of the advisee. Delays in the conduct process will not normally be allowed due to scheduling conflicts with advisors. 

T. The term “preponderance of the evidence” describes the standard of evidence that is used to make a determination of responsibility in an Administrative or University Conduct Board Hearing and is defined as a more likely than not standard.

U. The term “administrative directive” is a mandate that a student have no contact with another person or that restricts a student’s access from a particular location, activity, or program.   Administrative directives are utilized in situations where there is concern that ongoing contact between two individuals may result in physical harm or significant emotional distress.   A directive may be issued for a period of time (e.g., during an ongoing conduct process) or may be issued indefinitely during enrollment. The violation of a directive will be evaluated through a conduct process and can result in additional disciplinary action from the University.

 

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Section III: Authority

A. Senior Director of the Office of Student Conduct

  1. The Senior Director and his/her designees are specifically authorized by the President of the University to have the responsibility and authority to carry out, interpret and direct the processes of the student conduct system.  The Senior Director shall develop policies for the administration of the student conduct system and procedures for the University Conduct Board and Administrative Hearings that are consistent with the provisions of the Code of Conduct.
  2. The Senior Director may review and reverse any resolution of a Disciplinary Conference or Administrative Hearing.
  3. The Senior Director may make minor modifications to sanctions assigned by the University Conduct Board. 
  4. The Senior Director or designee reserves the right to issue, in writing, an Administrative administrative Directive directive or condition that requires adherence to specific behavioral actions.
  5. The Senior Director or designee may restrict an individual from participating as an advisor in a hearing when he determines that an advisor's presence, based on the advisor's prior relationship or interactions with either the respondent or complainant, is reasonably likely to cause significant emotional distress or to create significant disruption.
  6. The Senior Director has the authority to delay a student’s graduation and/or hold or revoke degrees until, or after, a pending discipline matter has been resolved.
  7. The Senior Director or designee reserves the right to convene a Disciplinary Cconference and/or hearing, prior to re-enrollment, for a student facing pending University charges. This will normally take place at the conclusion of criminal proceedings.
  8. On behalf of the University, in limited circumstances, the Senior Director or designee may request a review of the decision(s) of the University Conduct Board within five (5) University business days following the date that the student receives official notification of the results of the hearing.

B. Hearing Decisions

Decisions made by a University Conduct Board or Administrative Hearing Officer are final pending the normal review and appeal process.

 

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Section IV: The Code of Conduct

The Code of Conduct describes behaviors that are inconsistent with the essential values of the University community.  Any student found to have committed, to have attempted to commit, or to have assisted in the misconduct listed in the Code of Conduct may be subject to the disciplinary sanctions outlined in Section V, E.  A person engages in an attempt when, with intent to commit a specific violation of the Code of Conduct, he/she performs any act that constitutes a substantial step toward the commission of that violation.  Registered student organizations are held accountable for misconduct listed in the Code of Conduct through the applicable conduct process.

A. Jurisdiction

  1. The Code of Conduct shall apply to conduct that occurs on University premises, at University sponsored activities, at functions hosted by recognized student organizations, and to off-campus conduct that affects a Substantial University Interest. 

  2. Residence Life

  3. At the direction of the Senior Director of the Office of Student Conduct and in coordination with the Senior Director of Residence Life, minor to moderate level incidents that occur in or around the residence halls that involve students living in on-campus housing who may be involved with minor to moderate level incidents will typically be referred to Residence Life staff for adjudication pursuant to established guidelinesmanaged by Residence Life staff.  For some iIncidents involving moderate violations, including repeated behaviors, and all incidents involving major violations, the Office of Student Conduct may assume the responsibility for addressing the behaviorwill be managed by the Office of Student Conduct. 

  4. Off-Campus Misconduct

  5. While the University has a primary duty regarding behavior on its premises, there are many circumstances where the off-campus behavior of students is of Substantial University Interest and warrants disciplinarry action. 

The Pennsylvania State University expects students to conduct themselves in accordance with the law. Student behavior off the premises of the campus that may have violated any local, state, or federal law, or yields a complaint from others alleging violations of the law or the Student Code of Conduct will be reviewed by the University. Upon receipt of a complaint alleging off-campus student misconduct, the Senior Director or his/her designee will review the allegations to determine the appropriate course of action by the University.

Student conduct committed off the campus which affects a Substantial University Interest is behavior that

Any off-campus student behavior that affects a Substantial University Interest  andInterest and violates the Code of Conduct is subject to disciplinary action following standard University procedures.

 

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B. The Code of Conduct

1. ABUSE/ENDANGERMENT/HAZING OF A PERSON: Physically harming or threatening to harm any person, intentionally or recklessly causing harm to any person or reasonable apprehension of such harm or creating a condition that endangers the health and safety of self or others, including through the facilitation of or participation in any mental or physical hazing activity (also see Policy Statement 8).

2. SEXUAL HARASSMENT AND MISCONDUCT:  Engaging in unwelcome conduct of a sexual nature that is sufficiently severe or pervasive so as to substantially interfere with the individual’s employment, education, or access to University programs, activities and opportunities, and such conduct would detrimentally affect a reasonable person under the same circumstances.  Sexual harassment may include, but is not limited to, sexual advances, requests for sexual favors, sexual exploitation, stalking, dating violence, and domestic violence (as described in AD-85).

Sexual misconduct is a form of sexual harassment and refers to attempted or completed unwanted or non-consensual sexual activity, including, but not limited to the following: rape, sexual assault, sexual battery, forcible sodomy, sexual penetration with an inanimate object, intercourse without consent, sexual touching and fondling, the touching of an unwilling person's intimate parts (defined as genitalia, groin, breast or buttock, or clothing covering those intimate parts), forcing an unwilling person to touch another's intimate parts, sexual exploitation, and sexual coercion.

3. HARASSMENT:  Engaging in behavior that is sufficiently severe or pervasive so as to threaten an individual or substantially interfere with the individual’s employment, education or access to University programs, activities or opportunities, and such behavior would detrimentally affect a reasonable person under the same circumstances. (also see Policies AD-85) 

Behaviors that meet the above definition may include, but are not limited to, the following:

4. WEAPONS, EXPLOSIVES AND OTHER DANGEROUS ITEMS: The possession, storing, carrying, or use of any weapon, ammunition, or explosive by any person is prohibited on all University property except by authorized law enforcement officers and other persons specifically authorized by the University. No person shall possess, carry, or use any fireworks on University property, except for those persons authorized by University and local governments to discharge such fireworks as part of a public display. Paintball guns and paintball markers may only be used on the property of the University in connection with authorized University activities and only at approved locations (also see SY-12).

5. FIRE SAFETY VIOLATIONS: Tampering with fire or other safety equipment or setting unauthorized fires. Exhibiting behaviors that risk health and safety of self or others during a fire related incident.  Burning candles, incense or other items in the Residence Halls or other University facilities, whether attended or unattended. (See SY10, SY28, SY30)

6. ALCOHOL AND/OR DRUGS: Illegally possessing, using, distributing, manufacturing, selling or being under the influence of alcohol or other drugs.  Anyone, including those under 21, serving alcohol to persons under 21 is in violation of both University regulations and state law.  Excessive consumption of alcohol is also prohibited and occurs when a person is intoxicated to the degree that the person may endanger self, other persons, or property, or annoy persons in the vicinity.  Use, possession or distribution of beverages containing alcohol on University property shall comply with the laws of the Commonwealth of Pennsylvania and University Policies and Rules. (also see Policies AD-18, AD-33 and Policy Statement 3).

It is also a violation of the residence hall contract for a student to be in the presence of alcohol and/or illegal drugs in any residential area (also see http://www.hfs.psu.edu/housing/undergraduates/tcrsreshalls.shtml#policies )

7. FALSE INFORMATION: Intentionally providing false or inaccurate information or records to University or local authorities. Providing a false report of an emergency, University rule and/or Code violation.  Knowingly providing false statements or testimony during a University investigation or proceeding.

8. THEFT AND POSSESSION OF STOLEN PROPERTY: Stealing or being in possession of items belonging to another individual or entity.  The taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.Stealing, vandalizing, damaging, destroying, or defacing University property or the property of others.

9. DISRUPTION OF OPERATIONS: Obstruction or disruption of classes, research projects, or other activities or programs of the University; or obstructing access to University facilities, property, or programs. Disruption is defined as an action or combination of actions by one or more individuals that unreasonably interferes with, hinders, obstructs, or prevents the operation of the University or infringes on the rights of others to freely participate in its programs and services (also see Policy Statement 1).

10. VIOLATIONS OF ACADEMIC INTEGRITY: Academic integrity is the pursuit of scholarly activity in an open, honest and responsible manner. Academic integrity is a basic guiding principle for all academic activity at The Pennsylvania State University, and all members of the University community are expected to act in accordance with this principle. Consistent with this expectation, students should act with personal integrity, respect other students' dignity, rights and property, and help create and maintain an environment in which all can succeed through the fruits of their efforts.  Academic integrity includes a commitment not to engage in or tolerate acts of falsification, misrepresentation or deception. Such acts of dishonesty violate the fundamental ethical principles of the University community and compromise the worth of work completed by others.

Violations of Academic Integrity include, but are not limited to, copying, plagiarism, fabrication of information or citations, facilitation of acts of academic dishonesty by others, unauthorized possession of examinations, submitting work of another person or work previously used without informing the instructor, and tampering with the academic work of other students (also see Faculty Senate Policy 49-20 and G-9 Procedures).

Special Procedures are used to address violations of academic integrity.  (See Section V: Protocol for Violations of Academic Integrity)

11. FAILURE TO COMPLY: Failing to comply with reasonable directives from University or other officials when directed to do so. Failure to provide identification or to report to an administrative office or, when reasonable cause exists, failing to leave University-controlled premises or dangerous situations when directed to do so by properly authorized persons, including police and/or other University staff. Failing to complete sanctions assigned as part of the conduct process.  This charge may be added to other charges, e.g., when a student fails to leave a residence hall during a fire drill and refuses to leave when directed to do so by a University official.

12. FORGERY/ALTERATION: Making, using or possessing any falsified University document or official record; altering or forging any University or official document or record, including identification, meal or access cards. This includes but is not limited to forging documents (signing another’s name and/or ID number), manufacturing IDs or tickets, altering parking permits, misusing of forms (letterhead stationery, University forms) to mislead.

13. UNAUTHORIZED ENTRY OR USE: Unauthorized entry into or use of property or University facilities including private residences, offices, residence halls, classrooms, computers, computer networks, and other restricted facilities. Unauthorized entry into or use of property, residences, or University facilities including the Penn State computers, computer network, residence halls, classrooms, offices, and other restricted facilities. Unauthorized entry or use of facilities is described in more detail in those University policies regarding the rights of individuals and the rights of the institution. Specifically, students have an “obligation not to infringe upon the rights of all members of the campus to privacy in offices, laboratories and residence hall rooms, and in the keeping of personal papers, confidential records and effects, subject only to the general law and University regulations.”  The University also has the right to control use and entry into facilities for reasons of security, safety or protection of property. This includes closing facilities at specified times. It should also be recognized that an open or unlocked door is not an invitation to enter and use facilities. The same concept applies to computer entry or misuse, including violation of any University computer policy (also see Policy AD-20 and Policy Statement 4).

14. DISORDERLY CONDUCT: Engaging in disorderly, disruptive, lewd or indecent conduct, including but not limited to creating unreasonable noise; creating a physically hazardous or physically offensive condition, inciting or participating in a riot or group disruption; failing to leave the scene of a riot or group disruption when instructed by officials; or disruption of programs, classroom activities or functions and processes of the University.

15. VIOLATIONS OF UNIVERSITY REGULATIONS: Violating written University policy or regulations contained in any official publications, administrative announcements, contracts (e.g., residence hall contracts or leases) and/or postings.

16. VIOLATION OF LAW: When it is established that a student has violated federal, state, or local law and the violation of law affects a Substantial University Interest, the student may be charged within the Code of Conduct for Violation of Law.   

17. RETALIATION: Taking adverse action against any individual on the basis of a good faith report made by such individual, or on the basis of such individual’s participation in an investigation, hearing, or inquiry by the University or an appropriate authority, or the individual’s participation in a court proceeding relating to suspected wrongful conduct.  (See Policy AD-67)

 

 

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C. Code of Conduct and Violations of Law

University student conduct proceedings may be instituted against a student charged with conduct that potentially violates both criminal law and this Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pending civil or criminal litigation in court or criminal arrest or prosecution.  Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Senior Director or designee.  Determinations made or sanctions imposed under this Code shall not be subject to change because criminal charges arising out of the same facts were dismissed, reduced or resolved in favor of or against the criminal law defendant.

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Section V: Student Conduct Disciplinary Procedures (For violations of Academic Integrity, see Section VI.)

A. Reports, Disciplinary Conferences, Advisors and Charges

  1. Anyone may file a report alleging that a student violated the Code of Conduct.  Any report should be submitted as soon as possible after the event takes place and will be directed to a Case Manager.
  2. After a report is filed, the Case Manager will meet with the respondent in a Disciplinary Conference. The Disciplinary Conference is an informal, non-adversarial meeting intended to allow the Case Manager to examine the complaint, listen to the respondent, discuss circumstances regarding the incident, and address the respondent’s questions. The respondent will also be informed of the conduct process.
  3. Students have the right to be assisted accompanied by an advisor. 
  4. The Case Manager or investigator may conduct a limited investigation to determine if charges are appropriate.  If the acquired information reasonably supports a Code of Conduct violation, the Case Manager may recommend charges and sanctions to the respondent. If the acquired information does not reasonably support charges, then the case will be closed without charges.  All charges shall be presented to the respondent in written form.
  5. The respondent will then decide whether to accept responsibility for the charges and/or sanctions assigned. The respondent may take 3 business days to make a decision whether to accept the charges and sanctions or contest.  Failure to respond, in writing, in the 3 days allotted will result in the charges and sanctions being implemented, unless the Case Manager has approved an alternative timeframe. 
  6. If the respondent contests the charges (i.e., denies responsibility for the violations), the matter will be referred to an Administrative or University Conduct Board hearing.  The hearing will take place as soon as reasonably possible but not less than five business days after the respondent has been notified of the charges, unless the respondent waives the five day notice.
  7. If the respondent accepts the charges but contests the sanctions (for sanctions of Probation with a Transcript Notation, Suspension, Indefinite Expulsion or Expulsion), the matter will be referred to a sanction review.  The sanction review will take place within 5 business days of forwarding the review to the Sanction Review Officer.  (Also see Section V, D for incidents that may involve Title IX allegations.)

 

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B. Hearings

Administrative and University Conduct Board Hearings

If a respondent, with notice, does not appear before an Administrative or University Conduct Board hearing, the hearing will take place in his/her absence, and all available evidence will be presented to and reviewed by the Administrative Hearing Officer or UCB.

The Administrative Hearing Officer or UCB may accommodate concerns for the personal safety, well-being, and or fears of confrontation of the respondent, complainant, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, as determined in the sole judgment of the Senior Director (or designee) to be appropriate.

The written outcome of the hearing will be completed by the Administrative Hearing Officer or the UCB Chair and submitted to the Case Manager within five (5) business days of the hearing.  The Case Manager will notify the student, in writing, of the outcome.

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C. Special Protocol for Crimes of Violence (as defined in the Code of Federal Regulations, Title 34, Appendix A), excepting potential Title IX violations (see Section 5, D)

In cases involving a person alleging he/she is the complainant of a potential crime of violence, the following additional procedures will be followed.

    1. When a formal disciplinary process is enacted regarding a potential Crime of Violence, the first step will typically be a meeting between the complainant and a Case Manager.  

    2. A Disciplinary Conference will take place with the respondent. 

    3. If the Senior Director determines that it is appropriate and necessary, additional investigation prior to the determination of charges and sanctions will occur. 
    4. If the acquired information reasonably supports a Code of Conduct violation, the Case Manager may recommend charges and sanctions to the respondent. If the acquired information does not reasonably support charges, then the case will be closed without charges. 
    5. If the respondent accepts the charges and sanctions, the matter will be closed and the sanctions implemented.
    6. If the respondent accepts the charges but contests the sanctions (for sanctions of Probation with a Transcript Notation, Suspension, Indefinite Expulsion or Expulsion), the respondent may request a sanction review.  (See Section G, Subsection1)
    7. If the respondent contests the charges, the matter will be forwarded to a hearing, and the respondent and complainant will be permitted to attend and participate fully in the hearing procedures. 
    8. The respondent and complainant will be allowed to attend the entire portion of the hearing at which information is presented (excluding deliberations). 
    9. The respondent and complainant may question all witnesses.
    10. Questions by both the respondent and the complainant may be posed to the other; however, questioning of the other party will be permitted only through the AHO or UCB Hearing Chair. 
    11. The respondent and complainant may be assisted by an advisor.  Delays in the conduct process will not normally be allowed due to scheduling conflicts with advisors. 
    12. There shall be a single recording of all University Conduct Board hearings (not including deliberations), unless the respondent requests otherwise,  If the respondent requests the hearing not be recorded, the Senior Director will consult with the complainant, and the Senior Director will make a decision. The recordings shall be the property of the University and will be maintained as outlined in Section VI, Discipline Records.  Administrative hearings are typically not recorded.
    13. The respondent and complainant may submit a statement of facts prior to the hearing that will be added to the hearing packet.
    14. The respondent and complainant will be allowed to submit an impact statement that will be reviewed by the AHO or UCB to help inform sanctioning, should the respondent be found responsible for violating the Code.
    15. Both the respondent and the complainant will be notified, in writing, of the hearing outcome once the written outcome has been submitted to the Case Manager by the AHO or UCB Chair.
    16. If the charges against the respondent could have resulted or do result in suspension, indefinite expulsion or expulsion, both the complainant and the respondent will have the opportunity to file an appeal. (See Section G, Subsection 2)
    17. At the conclusion of any appeal process, both the complainant and the respondent will be notified, in writing, of the outcome of the process. 

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D. Special Protocol for Title IX Allegations (see also AD-85)

When a University Conduct process is initiated for a case involving a potential Title IX violation, the following additional procedures will be followed in a timely manner, with a goal of completing these procedures, in a typical case, within 60 days of receipt of the complaint of misconduct.

  1. When a complainant of a Title IX Violation expresses an interest in pursuing the University student conduct process, the first step will typically be a meeting between the complainant and a Case Manager.  
  2. A Disciplinary Conference will take place with the respondent. 
  3. If the Senior Director determines that it is appropriate and necessary, additional investigation prior to the determination of charges and sanctions will occur. 
  4. If the acquired information reasonably supports a Code of Conduct violation, the Case Manager may recommend charges and sanctions to the respondent. If the acquired information does not reasonably support charges, then the case will be closed without charges, and both parties will be notified. 
  5. If the respondent accepts the charges and sanctions, the matter will be closed and the sanctions implemented. Both parties will be notified.
  6. If the charges against the respondent could have resulted or do result in a sanction of Probation with a Transcript Notation, Suspension, Indefinite Expulsion or Expulsion, both the respondent and complainant will have the opportunity to request a sanction review.  (See Section G, Subsection1)
  7. If the respondent contests the charges, the matter will be forwarded to a hearing, and the respondent and complainant will be permitted to attend and participate fully in the hearing procedures. 
  8. The respondent and complainant will be allowed to attend the entire portion of the hearing at which information is presented (excluding deliberations). 
  9. The respondent and complainant may question all witnesses.
  10. Questions by both the respondent and the complainant may be posed to the other; however, questioning of the other party will be permitted only through the AHO or UCB Hearing Chair. 
  11. The respondent and the complainant may be assisted by an advisor.  Delays in the conduct process will not normally be allowed due to scheduling conflicts with advisors. 
  12. The respondent and complainant may submit a statement of facts prior to the hearing that will be added to the hearing packet.
  13. There shall be a single recording of all University Conduct Board hearings (not including deliberations), unless the respondent requests otherwise,  If the respondent requests the hearing not be recorded, the Senior Director will consult with the complainant, and the Senior Director will make a decision. The recordings shall be the property of the University and will be maintained as outlined in Section VI, Discipline Records.  Administrative hearings are typically not recorded.
  14. The respondent and complainant will also be allowed to submit an impact statement that will be reviewed by the AHO or UCB to help inform sanctioning, should the respondent be found responsible for violating the Code.
  15. Both the respondent and the complainant will be notified of the hearing outcome, in writing, once the written outcome has been submitted to the Case Manager by the hearing chair.
  16. If the charges against the respondent could have resulted or do result in suspension, indefinite expulsion or expulsion, both the respondent and complainant will have the opportunity to file an appeal. (See Section G, subsection2)
  17. At the conclusion of any appeal process, both the respondent and complainant will be notified, in writing, of the outcome of the process. 

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E. Sanctions

The following sanctions may be imposed upon any student found to have violated the Code of Conduct. More than one of the sanctions listed below may be imposed for any single violation.

Primary Administrative Sanctions:

Secondary Administrative Sanctions:

Active Sanctions:

Active sanctions are sanctions that the University reserves the right to assign to students in addition to administrative sanctions.  These include, but are not limited to the following: administrative directives, alcohol or drug education, counseling, reflection papers, projects, decision-making workshops/modules, meetings with staff or others, restitution, and sanctioned service.

Other Sanctions:

The University reserves the right to impose other sanctions in addition to those listed above in response to specific circumstances of a case. 

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F. Interim Actions

In situations where there is a need for immediate action to alleviate concerns for safety, to help ensure the well-being of members of the University community, or to prevent the disruption of normal campus operations, the University community, or management of a residential facility, case managers may assign appropriate interim actions. Interim actions assigned should be reviewed by the Senior Director of Student Conduct or designee. Interim actions assigned by Residence Life case managers that only impact a student’s ability to live in the residence hall or room assignment may be reviewed by the Senior Director for Residence Life or designee. Interim actions may include, but are not limited to, administrative directives, residence hall room reassignment, contract termination, mandated assessment, or restriction from parts of campus.

Interim Suspension

 

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G. Sanction Reviews and Appeals

Sanction Reviews

Appeals

 

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Section VI: Protocol for Violations of Academic Integrity

A. Initial Process

Although Violations of Academic Integrity are included in the Code, the management of these cases is handled by faculty and the college or campus academic integrity committee.  All procedures must conform to the G-9 Procedures established by the Faculty Senate.  The procedures may be found at http://www.psu.edu/oue/aappm/G-9.html.

B. Role of the Office of Student Conduct

When an academic integrity committee recommends that a student receive a discipline sanction in addition to the academic sanction assigned by the faculty or academic integrity committee, then a Student Conduct Case Manager will manage that aspect of the case.  Consideration will be given to the sanction recommended by the committee.  The Case Manager will meet with the student in a disciplinary conference to discuss the additional discipline sanction.  The student will have the right to request a sanction review for the discipline sanction per the procedures in which will be implemented as outlined in Section F1 Sanction Review.

C. Record Keeping

All records related to cases involving Violations or Academic Integrity are maintained by the Office of Student Conduct according to the procedures outlined in Section VI, Discipline Records.

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Section VII: Disciplinary Records

A. Maintenance of Student Records

B. Student Access to Records

 

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Section VIII: Interpretation and Review

A. Interpretation

Any question of interpretation or application of the Code of Conduct shall be referred to the Senior Director for final determination.

B. Review

Feedback related to the Code of Conduct or any student conduct procedure should be directed to the Senior Director.

A formal review of the Code of Conduct and the student discipline process and procedures will occur every three years under the direction of the Senior Director.

Downloadable versions of this document are available upon request by contacting the Office of Student Conduct

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