Policies & Procedures

Such a hold may restrict the student from class registration, obtaining an official transcript, or receiving a degree from the University until the hold has been removed. If a conduct hold is put in place pending the outcome of the student conduct proceeding, the Respondent will be notified of the hold and be provided an opportunity to contest the hold or request that it be made less restrictive. 

The University may also place a notation on a Respondent’s transcript pending the outcome of a case. The notation on the transcript shall read: “Student Conduct Matter Pending.” If the Respondent is not found in violation at the conclusion of a process, the notation related to a pending matter will be removed. 

The Office of Student Accountability and Conflict Response will notify students about accountability processes by email through the Maxient system. Maxient is the most trusted provider for incident reporting and student conduct case management.  

When our office sends an official notice, you will receive an email from “notifications[at]maxient.com.” The email will show the sender as a Penn State employee or office with their name followed by “(via Maxient).” It is important for you to know that this is an authentic email from the university. It is not spam or a phishing attempt. 

In addition to a brief explanation, the body of the email will contain a link to your notification letter. You may be prompted to enter your Student ID number to ensure the privacy of letters sent through the system. Once logged in to the Maxient portal, you can access your letter, which will be a PDF document. Print or download and save the letter for your records as this link is only active for a limited time.  

If you have difficulty accessing your letter in Maxient — or want to confirm the legitimacy of the email — contact us at 814-863-0342. 

Under the Family Educational Rights and Privacy Act (FERPA), colleges and universities are afforded certain liberties relative to notifying parents or guardians of information concerning their student. In order to involve families in the total educational experience of the student and to facilitate communication between students and their parents/legal guardians, the Office of Student Accountability and Conflict Response has established the following notification and disclosure policy. 

The goals of this policy are: 

• To clarify when notification and/or disclosure may be appropriate.
• To partner with families in support of their student.
• To provide an opportunity for conversation between students and their families.
• To identify additional supportive points of intervention for students. 

This policy does not restrict or limit the University’s discretion to make any notifications and disclosures which are permitted by FERPA.

Information for Dependent Students

Most undergraduate students at Penn State are considered “dependent students” as defined by the IRS. 

The Parent/Guardian Notification Letter summarizes the outcome of the student's conduct process and lists the official Student Code of Conduct (Code) violation(s) and the Action Plan that was assigned. The letter encourages parents and guardians to communicate with their student about what happened, what they learned, and how they plan to be successful moving forward. 

When a dependent student accepts responsibility for a violation or is found in violation of the Code, notification will typically be sent to their parent or guardian in the following circumstances: 

• There was a “Substance Use Misconduct” violation, and the student is under 21.
• The Action Plan includes Suspension, Expulsion, and/or Loss of Housing (including those administrative sanctions issued in a conditional status). 

When a student raises a serious health or safety concern, the case manager may work with the student to identify an alternative supportive contact. The decision to allow an alternate contact is discretionary and contingent on the student completing a waiver to allow the notification and related disclosure. 

Upon inquiry, the University may disclose records or information to a parent or guardian when the dependent student has accepted responsibility for a violation or was found in violation of the Code. To the extent possible, the University will include the student in communications with the parent or guardian to encourage ongoing learning and reflection. 

The University may also choose to share information with a parent or guardian regarding conduct matters in cases including, but not limited to, the following circumstances: 

• When the student’s ability to continue at Penn State or to live on campus is in jeopardy.
• When the student has been involved or has involved others in a potentially life-threatening situation and there is reason to believe that notifying parents or guardians may reduce the imminent risk. 

Information for Non-Dependent Students

A student is not a dependent student if they: 

• Are or will be 24 years old during the academic year.
• Are enrolled in a graduate, professional, or adult learner program.
• Are an international student.
• Are a veteran of the U.S. Armed Forces.
• Have a child or other dependent who receives more than half of their support from the student.
• Are married.
• Are an orphan or ward of the court.
• Are emancipated. 

Students may provide documentation to show they are a non-dependent student if their status cannot be otherwise confirmed through University records. 

By law, the disclosure of a non-dependent student’s records to a third-party generally requires signed and dated written consent. Absent unusual circumstances which qualify as an exception to FERPA, the University does not notify parents and/or guardians of students who are not dependent students. Non-dependent students are, however, encouraged to seek the support of a person, to discuss and process their student conduct experience. That person can be a parent, family member, friend, or another loved one. If a non-dependent student would like to authorize disclosure of their student conduct records to a third-party, they can do so by completing the online waiver.

A No Contact Directive prohibits one student from having contact with one or more other parties. “Contact” may include, but is not limited to e-mail, text messages, letters, phone calls, face-to-face meetings, remaining in the close physical presence of the other person, and written/oral communication of any kind. Social media postings that cause a notification to be sent specifically to the other person, such as posting on their social media, or engaging in any other social media or social networking communication, including dating apps, with this person is considered contact. Furthermore, contact includes encouraging other people to contact the other person on one’s behalf or in relation to the underlying situation. This may include behaviors or communications that would indirectly incite, or reasonably cause, a person to contact the other person, such as “tagging” the other person on social media (e.g., Instagram, TikTok, and/or Snapchat). This does not include participating in required class posts or other assignments on Canvas. Generally, participating in a student conduct process, permitted that the participation aligns with university policy, does not constitute prohibited contact.  

In general, No Contact Directives are mutually enforced. A mutual directive, meaning that it applies equally to each party, may be issued upon request or when the university determines a No Contact Directive is necessary. 

In some situations, a Single Party Directive may be appropriate. This means the No Contact Directive applies to only one student. This type of directive may only be issued following an individualized risk assessment or as part of an Action Plan or resolution agreement that is imposed at the conclusion of the conduct process. 

A No Contact Directive, by itself, does not prohibit presence in the same academic space, such as being in the same class, residence building, student organization, athletic team, or University event or function. A No Contact Directive also does not prohibit incidental contact, which may include unintentionally passing or seeing the other party. While on campus, it may be difficult to avoid all contact with the other student (e.g., walking in the same vicinity, eating at a dining facility, accessing student resources, etc.). You are expected to make realistic attempts to avoid situations that would be reasonably likely to lead to inadvertent contact. If one or more of the students is carrying out a professional or academic responsibility and incidental contact occurs, it will likely not be considered a violation of the No Contact Directive.  

A No Contact Directive aims to prohibit direct contact. Therefore, a No Contact Directive does not prohibit either party from filing a good faith report, complaint, lawsuit, or grievance with the University, police, or government agency.  

Mutual Directives will remain in effect until the graduation or withdrawal of at least one of the parties, unless the Directive expressly provides otherwise, or is modified or rescinded by the University. A student seeking the modification or rescission of a Mutual Directive shall make such a request to the Senior Director or Director. That Senior Director or Director may consult with both parties before determining whether to modify or rescind the No Contact Directive.  

Single Party Directives applied as an interim action stay in place pending the outcome of the formal student conduct process. Single Party Directives applied as a part of an Action Plan or resolution agreement stay in place as long as indicated in the outcome letter of that case. Students may contest Single Party Directives through applicable appeal or review processes.  

Alleged violations of a No Contact Directive should be reported as soon as practicable to the office that issued the directive. Violations of No Contact Directives may be subject to student conduct action in accordance with the Student Code of Conduct (Code) and other relevant university policies. Student conduct action taken is private and the reporting party may not be informed regarding the specific outcomes of a conduct process.  

Although the police do not enforce No Contact Directives, you should contact your local police department, including University Police, if you fear for your or another’s safety. 

Between a Student and a Non-Affiliated Person

The university may issue a Single Party Directive to a student which prohibits contact with another person who is not affiliated with the University (i.e., not another student or an employee), when the university believes that doing so will prevent further contact that would result in a violation of the Code.

Between a Student and an Employee

The university may apply a Single Party Directive, to a student, which prevents that student from contacting an employee through the Interim Action process, as outlined in the Code of Conduct, or through an Action Plan or resolution agreement imposed at the conclusion of the student conduct process.  

Neither the Senior Director nor the Director has the authority to limit an employee’s contact with a student, though there are options to address concerns involving Penn State faculty or staff member by involving Human Resources, Affirmative Action, and/or the Title IX Coordinator. A No Contact Directive which limits an employee’s contact with a student may be coordinated and issued by involving one or more of those offices.

OSACR recognizes that parties and other participants are often concerned about the privacy of information. Student conduct records are considered education records and are protected by the Family Educational Rights and Privacy Act (FERPA). As such, information gathered by OSACR may be shared with those who have a “need to know” the information to facilitate the student conduct process, provide support to those involved, and/or make mandated reports (e.g., reporting sexual harassment or child abuse). The University may also need to disclose information to comply with the law (e.g., response to a lawfully issued subpoena or court order). 

Reports will result in the creation of an education record in the name of the Respondent. These records, including any additional relevant documentation, will be maintained for a minimum of seven years in accordance with state and federal law. The University reserves the right to keep records for a longer period of time as deemed necessary. For example, pending cases may be retained indefinitely and cases that have an associated registration hold may be held for as long as the hold is in place. If applicable, an education record in the name of the Complainant and/or Impacted Person will be maintained for the same period of time. Upon the finding of a violation of this Code, the Respondent’s education record will also be considered a student conduct record and may be disclosed in accordance with written procedure.  

Penn State is committed to the privacy and security of our students. The University Policy on Confidentiality of Student Records (AD11) complies with the Family Educational Rights and Privacy Act of 1974 (FERPA).  

Typically, student conduct records will not be released to an external third party unless the student consents, or in certain circumstances when permitted or required by University policy or law. Student conduct records may be disclosed for as long as they are maintained. The University will not disclose “non-reportable” records (see: External Non-Disclosure Request) or pending conduct matters to an external third party unless required by law, such as in response to a subpoena or court order, or when other lawful disclosure is appropriate. 

• Current students may request a disclosure memo of reportable conduct information be sent to a third-party or request to review their own disclosure memo by following the process outlined here. Students who do not have a currently active @psu.edu email address can contact RecordsOSACR@psu.edu to begin this process.
• Penn State departments with a legitimate reason for checking the conduct history of a student may do so by filling out this form. Academic Advisors working with students should have the student complete the process outlined here.
• Background investigators may request records in person, via an email to studentaccountability@psu.edu, or via fax (814-863-2463) and must include a signed release of information from the student.  

As permitted by the Code, the Senior Director may designate student conduct records as non-reportable for external disclosure. First-time violations which result in a conduct warning will be automatically designated as “non-reportable.” A respondent may also request that the Senior Director designate certain records as “non-reportable."  

Non-reportable for external disclosure means that, while the University will continue to maintain the record in accordance with standard practice, the University will not disclose those records to an external third party (e.g., transfer institution, future employer, graduate school, etc.) except as required by law (e.g., court order). Should a student be found “in violation” for subsequent student conduct code violation(s) after a request is approved, the “non-reportable” record may be reinstated as a student conduct record that may be disclosed to external third parties. The student would be notified of such a change. 

Students can submit a request no sooner than one year from the date of the final decision letter. Student conduct matters that fall under these categories will generally not be considered for external non-disclosure. 

• Matters which resulted in indefinite suspension or expulsion
• Findings of Discriminatory Misconduct
• Repeated violations of a similar nature 

Typically, the Senior Director, or designee, will decide whether to grant the request within 30 business days.  

While reviewing the request, the Senior Director or designee will consider: the nature of the original violation; the student’s level of reflection and growth from the original violation to the present; subsequent conduct matters; and any other relevant factors determined at the sole discretion of the Senior Director, or designee. The Senior Director, or designee, may request an in-person or virtual meeting with the student prior to rendering a decision. 

The Senior Director’s decision is discretionary and may not be appealed for any reason. 

• To begin the process, an interested student should complete this form

The Office of Student Accountability and Conflict Response recognizes that participating in the conduct process can be a challenging experience for any student. We encourage students to seek the assistance of a Support Person of their choice.  

A “Support Person” is, in the simplest terms possible, a person who provides support to a student who is engaging with the student conduct process. A Respondent, or Complainant, may identify a Support Person who is able to accompany them to meetings and is able to provide guidance and advice throughout the process. The extent to which a Support Person may participate is defined in written procedure or other relevant university policy.  

An attorney representing a student is welcome to serve as a Support Person in the conduct process, but only with the student's permission. An attorney can accompany the student in any meeting or proceeding, advise them in the preparation and presentation of sharing information, and advise them in the preparation of any appeals. However, as with all Support Persons, attorneys may not speak on their behalf, disrupt proceedings, and can be asked to leave at the discretion of the case manager or decision-maker. 

When there is a concurrent or pending criminal investigation and/or judicial process, a Respondent may submit a request for a conduct withdrawal to the Senior Director.

• A Conduct Withdrawal withdraws the Respondent from the University and suspends the student conduct process pending resolution of the criminal process. This allows the Respondent to preserve their right to present information in the university proceeding without impinging upon their protection against self-incrimination in the criminal matter.
• Upon receiving a request, the Senior Director will evaluate whether offering a Student Conduct Withdrawal Agreement is appropriate, based on the circumstances of the case. If so, the Senior Director will provide the Respondent with a Student Conduct Withdrawal Agreement form for their signature.
• The agreement fully outlines the conditions and restrictions associated with such a withdrawal, including but not limited to a registration hold, prohibition from university premises, and transcript notation.

When a Respondent has withdrawn from the university for medical reasons and is unable to fully participate in the student conduct process due to their medical condition, they may submit a request for delay to the Senior Director.

• Such a delay suspends the student conduct process to allow the Respondent to focus on their mental and/or physical health before reengaging in the process.
• Upon receiving a request, the Senior Director will conduct an individualized risk assessment to determine whether offering a delay is appropriate. If so, the Senior Director will provide the Respondent with a Delay after Medical Withdrawal Agreement form for their signature.
• The agreement fully outlines the conditions and restrictions associated with such a withdrawal, including but not limited to a registration hold, prohibition from university premises, and transcript notation.