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Housing and Dining Service Contract and Student
Cooperative Association).

12. Firearms/Weapons/Explosives

Possession and/or use of a weapon, which is any
object used to inflict a wound or cause injury, and



possession and/or use of firearms or explosives,
such as fireworks or dangerous chemicals, except
as authorized for use in class, in connection with
university-sponsored research, or in another ap-
proved activity. (Provisions may be made to store
firearms with University Police.)

13. Safety

Tampering with safety devices, such as alarm sys-
tem, fire extinguishers, exit signs, smoke/heat
detectors, fire hoses, etc., or failure to conform to
safety regulations such as falsely reporting an inci-
dent, failure to evacuate facilities in a timely fash-
ion in emergency situations or in response to fire
alarms, inappropriate use of the fire alarm system,
and the like.

14. Fire

Setting fire to or creating a fire on university-
owned or -operated property or on properties un-
der the ownership and/or supervision of the
Student Cooperative Association.

15. Gambling

Gambling as defined by Pennsylvania law.

16. Dishonesty/Fraud

Dishonest or fraudulent behavior, such as forgery,
alteration, or misuse of university documents,
records, or identification, including 1-cards, or
knowingly furnishing false information to univer-
sity officials or Student Cooperative Association
officials.

17. Complicity

Presence during any violation of university policies
for student life in such a way as to condone, sup-
port, or encourage that violation. (Note: Students
who anticipate or observe a violation of university
policy are expected to remove themselves from
participation and are encouraged to report the
violation.)

18. Other

Students are expected to comply with federal,
state, and local ordinances and other university
regulations as prescribed in this handbook, in the
housing contract, in the university catalog, or in
other official university publications.

D. Jurisdiction

Judicial referrals of alleged violations will be adjudi-
cated in the following manner

1. The university judicial system shall adjudicate:

a. All cases involving alleged violations of univer-
sity rules and regulations (excluding charges
filed against recognized organizations).

b. Appeals of department chairperson decisions
involving academic dishonesty cases.

c. All cases involving alleged violations of local,
state, and federal rules, regulations, laws, and
ordinances, except when those violations occur
within a residence hall.

d. Appeals of university hearing officer decisions
which are accepted.

2. The Residence Hall Judicial System shall
adjudicate



44



a. All cases involving alleged violations of the
Housing and Food Service Contract.

b. All cases in wliicli alleged violations occur in a
university residence hall or dining hall.

c. All cases (in or outside of university residence
halls or dining halls) that involve residence hall
students, except for academic dishonesty.

d. Appeals which are accepted of housing and
residence life hearing officer decisions.

E. Adjudieatur Structure and Sclcelion

In all judicial proceedings, the student accused of vio-
lating student behavior regulations will have his/her
case heard before one of the following adjudicators:

1. Hearing Officers designated by the vice president
for Student Affairs for the University Judicial Sys-
tem or the director of Housing and Residence Life
for the Residence Life Judicial System and ap-
pointed by the president.

2. A University Judicial Board or Residence Hall Judi-
cial Board.

a. A University Judicial Board consists of

The vice president for Student Affairs, three
faculty/administration members, and three non-
residence hall students.

b. A Residence Hall Judicial Board consists of

The director of Housing and Residence Life,
three faculty/administration members, and three
residence hall students.

A pool of prospective members for both boards is
selected from faculty, administration, and student
volunteers. Board members' terms are staggered to
ensure continuity.

3. Special Interim Boards

The university reserves the right to establish special
interim boards appointed on behalf of the president
by the vice president for Student Affairs or the
director of Housing and Residence Life to expedite
adjudication of student disciplinary cases when it is
inconvenient for the University Judicial Board or
Residence Hall Judicial Board to convene. These
boards, composed of one or more persons, are con-
vened to hear cases under the following conditions:

a. Interim suspension

b. Cases which must be heard at times inconvenient
for a regular board to convene, i.e., final exam
week, vacation periods, etc.

Hearing Officers, the University Judicial Board,
the Residence Hall Judicial Board, and special
interim boards have full delegated authority
from the president for adjudicating student dis-
ciplinary cases. University legal counsel may be
called upon, as deemed necessary by the vice
president for Student Affairs, to provide assist-
ance with selected case.

F. Procedures

1. Prehearing Procedure

a. Charges of a violation can originate from any
member of the university community and shall be
reported in writing to the appropriate university



office (Housing and Residence Life or Office of
the Vice President for Student Affairs) within
five class days of the incident unless justifiable
circumstances, as determined by the vice presi-
dent for Student Affairs or the director of Hous-
ing and Residence Life, make such notification
impossible or impractical.

b. After being charged with violating behavioral
regulation(s), an accused student may participate
in an informal resolution conference. An infor-
mal resolution conference involves a meeting
between the accused student and an assigned
adjudicator to discuss the charge(s). If the stu-
dent and the adjudicator reach an informal reso-
lution of the charges, or if the adjudicator
proposes a sanction and the accused student ac-
cepts responsibility for the charges and waives
his/her right to a hearing, an appropriate sanc-
tion will be issued and the matter will be closed.

c. A judicial hearing will be scheduled under the
following circumstances:

1) If the accused student and the adjudicator fail
to reach an informal resolution.

2) If the adjudicator determines that the charges
require further examination.

3) If the outcome of the hearing may result in
suspension or explusion.

d. The designated university official reviews the case
and determines whether the case should be heard
by a hearing officer or a judicial board.

e. The accused student shall be informed in writing
to the extent practical and reasonable of the al-
leged violation(s), the date(s), time(s), and loca-
tion(s) of the violation(s), and a summary of the
action(s) which led to the charge(s). Notification
of charges against the student shall also include,
but not be limited to, the following information:

1) The date, time, and location of the hearing,

2) whether the case will be heard by a hearing
officer or the judicial board, and

3) information regarding due process rights af-
forded the student prior to and during the
hearing.

f. A student will be given a minimum of three calen-
dar days' notice prior to appearing before the
assigned adjudicator. In cases in which the out-
come of a hearing could result in suspension or
expulsion, the student will be given a minimum of
ten calendar days' notice between notification of
charges and appearance before the assigned
adjudicator.

g. The student may select an advocate to advise
him/her at judicial proceedings. The advocate
may consult and interact privately with the ac-
cused student during judicial proceedings. The
advocate is not permitted, however, to represent
the accused student.

h. A student may waive in writing his/her right to a
hearing and accept a sanction. By doing so, a
student is subject to one or more sanctions as
determined by the adjudicator. The sanction will



45



reflect the severity of the charge(s) against the
student, including all previous materials in the
student's judicial file.

i. Students who are considered an immediate or
substantial threat to themselves, others, and/or
property may be issued an interim suspension by
the vice president for Student Affairs (see section
H, Interim Suspension).

2. General Guidelines for Judicial Hearings
Students who do not participate in informal resolu-
tion of the charge(s) against them shall participate
in a judicial hearing.

Guidelines used by university hearing officers or
Judicial Boards include

a. The accused student shall have his/her case
heard by an impartial adjudicator.

b. The student shall have a fair and reasonable
opportunity to answer, explain, and defend
against information and witnesses presented at
the hearing and to submit written, physical, and
testimonial evidence, and to call relevant wit-
nesses to appear on his/her behalf.

c. If a student chooses not to appear before the
assigned adjudicator, his/her case will be adjudi-
cated based upon the evidence presented at the
scheduled hearing.

d. All hearings are closed unless the student re-
quests in writing an open hearing. However, the
hearing officer and/or Judicial Board chair have
the authority to make the final decision regarding
access of spectators to the hearing.

e. A hearing officer or a Judicial Board shall have
the power during judicial proceedings to hold an
individual in contempt. Contempt is defined as

1) Disorderly or disrespectful conduct by partici-
pants or spectators in a hearing.

2) Intentional misrepresentation of facts. Stu-
dents found to be in contempt may be re-
moved from the hearing and/or charged with
violating apphcable behavior regulations.

f. The student shall receive a written rationale for
the decision of the adjudicator.

g. The university will, for a reasonable period of
time, maintain a written summary record and/or
audiotape of the hearing. Accused students may
request copies of this record but may be required
to pay the cost of duplication.

3. Procedures for cases adjudicated by Hearing
Officers.

a. A student may challenge the assignment of a
specific hearing officer to his/her case. This chal-
lenge must be presented in writing to the vice
president for Student Affairs or the director of
Housing and Residence Life at least one working
day prior to the scheduled date and time of the
hearing. Upon reviewing the details of the chal-
lenge, the vice president for Student Affairs or
the director of Housing and Residence Life will
either uphold the challenge and appoint an alter-



nate hearing officer and arrange a new hearing
time, or deny the challenge. Failure to act shall
be deemed denial.

b. Hearing officers will withdraw from adjudicating
any case in which the officer feels he/she cannot
reach a fair and objective decision.

c. The hearing officer will review all material, hear
all evidence pertinent to the case from the ac-
cused and all witnesses, clarify issues raised,
render a decision based on the evidence presented
at the hearing, and take all actions and make all
rulings necessary and proper for the hearing.

d. Following the hearing, the hearing officer will
schedule a time to meet with the accused to issue
a decision and if the student is found in violation
of university rules, issue a sanction. This infor-
mation is also presented to the student in writing.

e. A hearing officer's decision will be based on all
evidence presented at the hearing. If the student
is found in violation of university rules, all mate-
rials within the student's judicial file will be used
in determining an appropriate sanction(s).

4. Procedures for cases adjudicated by Judicial Boards

a. Any student appearing before a Judicial Board
may challenge any member of the board sitting
in judgment of his/her particular case. Upon
hearing the details of the challenge the Judicial
Board will, by majority vote (challenged member
not voting), either uphold the challenge and ap-
point an alternate member or deny the challenge.

b. Judicial Board members will withdraw from
participating in any case in which the member
feels that he/she could not reach a fair and ob-
jective decision.

c. The Judicial Board will review all material and
hear all evidence pertinent to the case from the
accused and all witnesses. Members of the Judi-
cial Board shall be free to ask relevant questions
in order to clarify information or resulting is-
sues.

d. After hearing all evidence, the board will retire to
executive session to make its decision and if ap-
propriate, to determine an appropriate sanc-
tion(s). If the student is found in \iolation of
university rules, all materials within the student's
judicial file shall be used in determining appro-
priate sanctions.

e. The decision-making process is as follows:

1) A majority vote of the Judicial Board mem-
bers present shall be required for any decision.
The chair shall vote only in the case of a tie.

2) A quorum shall consist of four members in
addition to the chair.

f. Upon the conclusion of the hearing, the Judicial
Board chair will schedule a time to meet with the
accused to issue the board's decision and if the
student is found in violation of university rules,
to issue the sanction(s).

g. In cases where the Judicial Board recommends
expulsion as the appropriate sanction, the Judi-



46



cial Board chair will recommend the sanction to
the vice president for Student Affairs, where a
final delcrniinaiion will he made.

G. Sanelions

1. Sanctions which may he imposed by ilic Judicial
Board or hearing officers include

a. Letter of Warning: A svarning letter may be sent
to the student indicating that he/she has been
found guilty of violating an lUP regulation and
that failure to comply with lUP regulations in
the future may result in referral to the Judicial
System to be handled as a second offense. The
letter of warning will remain in effect for a speci-
fied period of time.

b. Contract for Behavior Change: A written agree-
ment between the student and the university
which is in effect for a specified period of time.
Failure on a student's part to honor a contrac-
tual commitment to alter an inappropriate be-
havior pattern will be cause for referral to the
Judicial System as a second offense.

c. Constructive or Educational Task: A task which
benefits the individual, campus, or community.
This task can be given alone or in conjunction
with another sanction.

d. Disciplinary Probation: Disciplinary probation,
which is for a specific period of time, is an indi-
cation that a student's status at the university is
seriously jeopardized. During the probationary
period, if the student is found guilty of another
offense, a more serious sanction will be levied,
including possible suspension from the
university.

e. Disciplinary Removal from the Residence Hall:
This sanction removes a student from university-
operated residence halls on either a temporary or
permanent basis. This is a more severe sanction
usually taken in response to serious or repeated
violations of university regulations or university
residence hall policies or regulations.

f. Loss of Eligibility for University Housing: The
student, whether currently in university housing
or not, is denied future eligibility for university
housing on either a temporary or permanent
basis.

g. Restitution: A student may be required to pay
for damages to property, including but not lim-
ited to, personal and university property, or for
personal injury. Payment will be made under
guidelines determined by the Office of the Vice
President for Student Affairs or the Office of
Housing and Residence Life.

h. Letter to Parents or Legal Guardian: The stu-
dent's parents or legal guardians shall receive a
copy of the hearing officer's or Judicial Board's
decision. This shall not apply if the student is
twenty-one years of age or older or if the student
presents documentation to demonstrate indepen-
dence (as defined in section 152 of the Internal
Revenue Code).

2. Suspension

A student may be suspended from the university for



a specific period of time, not to be less than the
remainder of the current semester. Suspension re-
quires that a student remove himself/herself from
university premises. Therefore, he/she is not per-
mitted to attend classes or social activities, or be
present on university property during the period of
suspension.

This sanction can be

a. Recommended to the Office of the Vice Presi-
dent for Student Affairs or the Office of Hous-
ing and Residence Life by a hearing officer.

b. Imposed by the Judicial Board, a special interim
board, or the vice president for Student Affairs.

3. Expulsion: In a very serious case, or when a student
who has at some point been suspended appears
before a board a Judicial Board may recommend to
the vice president for Student Affairs that the stu-
dent be expelled from the institution. E-xpulsion
from the university is permanent.

Any reasonable sanction or combination of sanctions
for a given offense may be imposed by the Judicial
Board, hearing officer, or Special Interim Board.
Sanctions not listed above may also be imposed if
reasonable, on approval of the Vice President for Stu-
dent Affairs.

H. Interim Suspension

In a case where it is determined that a student's contin-
ued presence constitutes an immediate threat of harm
to the student, other students, university personnel or
university property, the vice president for Student
Affairs may suspend a student from the university
pending the final disposition of the case.

1. Within ten days of the issuance of the interim sus-
pension, unless extenuating circumstances warrant
an extension, a hearing will be convened to review
the circumstances of the suspension.

2. The hearing body will then continue the suspension
or take other action based upon its determination at
the hearing.

3. If the interim suspension is not upheld, the student
will immediately be reinstated and will be guaran-
teed the opportunity to make up academic work
missed during the semester in which the suspension
was imposed. It is the responsibility of the student
to make arrangements with faculty members for
make-up work. The burden of proof in interim
suspension cases lies with the university and not the
student.

4. The president of the university or his/her designee
has the authority to deny access to university prem-
ises and/or facilities to any individual(s) not associ-
ated with the university who poses a danger to any
member of the university community or to the
property/facilities owned or operated by the univer-
sity, or who interferes with the orderly functioning
of the university.

I. Appeals

1. Grounds for Appeal:

Upon receiving adjudication of a case, a student or
the referring party may appeal in writing for any of
the following reasons:



47



a. Denial of a fair and reasonable hearing

b. New evidence (applies when there is an acceptable
reason to explain why the evidence could not be
presented at the original hearing)

c. Excessively harsh or cruel sanctions
2. Procedure for appeal:

a. The student or referring party must present a
written request with the specific reason(s) for
appeal to the vice president for Student Affairs
or the director of Housing and Residence Life
within ten calendar days of notification of the
decision. The ten-day requirement may be waived
by the vice president for Student Affairs where
extenuating circumstances prevail and only if the
criteria included in "Appeals I.l." are met.

b. The vice president for Student Affairs or the
director of Housing and Residence Life may deny
the appeal or direct the appeal to be heard by a
Judicial Board, by a special interim board, or by
another hearing officer. In cases where the vice
president for Student Affairs or the Director of
Housing and Residence Life are presented with
appeals for cases which have resulted in suspen-
sion, legal counsel will be consulted.

c. Upon hearing an appeal the Judicial Board, hear-
ing officer, director of Housing and Residence
Life, or vice president for Student Affairs may
reverse the original decision, sustain the decision,
reduce the severity of the sanction, or require that
the case be reheard, provided that it is found that
one of the conditions described in I.l. above has
occurred.

d. Appeals to decisions of the sanction of expulsion
must be submitted to the Office of the President,
and the president will consult with legal counsel
in these cases.

J. Records and Recordkeeping

The Office of the Vice President for Student Affairs
will maintain student disciplinary files, which contain
all necessary and appropriate judicial correspondence,
hearing officer and Judicial Board decisions, and other
documentation pertinent to any cases involving the
student. Scandalous, impertinent, and irrelevant mate-
rial, or material deemed unnecessary, may be discarded
at any time. Judicial files will be maintained as follows:

1. For cases in which the sanctions levied are suspen-
sion or expulsion, the files will be maintained for a
minimum of two years from the date of final
adjudication.

2. For all other cases, judicial files will be maintained
at least until the student's graduation or termination
from the university, or five years.

3. The university reserves the right to retain all discipli-
nary files for longer periods as may be deemed
necessary.

Note: In cases where more than one sanction is applied,
records will be kept according to the length established
for the most severe sanction.

The university will not release a student's disciplinary
records without the written consent of the student. The
only exceptions to this guidehne are those outlined in



the Family Educational Rights and Privacy Act of
1974. (See lUP Student Records Policy.)

K. Branch Campuses

Subject to the approval of the vice president for Stu-
dent Affairs, each branch campus shall establish a
judicial system which is consistent with the principles
and structure of the system as outlined in this
document.

Academic Violation Policy

lUP is an academic community within the society at large.
The following policies and procedures are established to
preserve the academic integrity of the university commu-
nity and to provide a process which assures the necessary
rights and protections for the student who allegedly vio-
lates these policies.

Violations:

A. Cheating by those who give as well as receive aid in
course or lab work.

B. Intentional evading of academic poUcies or
procedures.

C. Plagiarizing.

D. Possessing or obtaining an examination without the
instructor's authority or prior knowledge.

Procedures:

If an instructor believes that a student has violated an
academic policy, he/she may recommend a sanction rang-
ing from failure in the course up to and including suspen-
sion or expulsion from the university. Recommended
sanctions may include but are not limited to the following:
reduction of grade in the course, failure in the course,
disciplinary probation, constructive or educational task,
suspension, expulsion. A combination of sanctions may be
recommended. The instructor must file a written report of
the violation with the Office of the Vice President for
Student Affairs within five class or work days of the
violation.

In instances involving a violation of academic policy, or
where final action on civil or criminal charges is pending,
the vice president for Student Affairs or the president may
summarily suspend a student consistent with the proce-
dures outlined in this publication.

The vice president for Student Affairs or designee will
formally notify the student of the allegation and the rec-
ommended sanction.

If the student disagrees with the sanction recommended,
the following procedures will be followed:

A. Within six class or work days of receipt of notifica-
tion from the assistant to the vice president, the
student must request a conference with the chair-
person of the department. The student and instruc-
tor involved will meet with the chairperson and
conduct a hearing on the allegation. The chairper-
son may uphold the sanction imposed by the in-
structor or reduce it. Within five class or work days
of the hearing, the chairperson must forward a
written report of his/her decision concerning the
case of the student, the instructor involved, and the


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Online LibraryIndiana University of PennsylvaniaThe Eye → online text (page 9 of 12)