Code of Conduct

The University Community is an academic community whose membership includes Students, faculty, staff, and administrators. The University Community exists for the pursuit of learning, the transmission of knowledge, the development of Students as scholars and citizens, and ultimately, for the general well-being of society. Freedom of inquiry, speech, action, and expression is indispensable in the attainment of these goals. Students, as members of the University Community, are encouraged to engage in a sustained, critical, and independent search for knowledge.

The student conduct program supports this endeavor through policies that balance the freedom of the individual Student with the interests of the University Community as a whole, and procedures that apply these policies in an equitable and consistent manner. 

As members of the University Community, all Students are expected to uphold and abide by the standards set forth in the Student Code of Conduct. These standards are reflective of the University’s core values: respect, responsibility, and integrity. 

The student conduct process attempts to teach civic principles within the context of the academic mission. The process views Students as adults, and as such, expects them to be aware of applicable local, state, and federal laws, as well as all published University policies, procedures, and rules. 

Violation of the Student Code of Conduct may subject a Student to action through the student conduct process.  Where warranted, violations may also be referred for action through appropriate law enforcement agency or court. The University may initiate an investigation and proceed with resolution within the scope of its authority, responsibility, and jurisdiction, without regard to the commencement or disposition of any civil or criminal court proceeding.

Matters subject to conduct jurisdiction may be resolved through the student conduct system, regardless of any actions that may be brought in civil or criminal court systems. The University's jurisdiction over alleged conduct violations extends to actions committed by Students and Student Organizations:

• at any place of university operation, including all campuses, satellite, and remote locations;
• while attending or participating in university events, activities or programs, either in-person or otherwise;
• when otherwise off-campus and where the action:
  • significantly breaches the peace (i.e., results in initiation of a criminal action by law enforcement authorities);
  • substantially infringes upon the personal or property rights of another member of the University Community; or
  • is otherwise detrimental to the educational mission and/or a substantial interests of the University.

The University retains jurisdiction over conduct violations occurring while an individual is a Student, regardless of any withdrawal, leave of absence, or graduation.

This Code of Conduct is issued pursuant to 22 Pa. Code Chapter 505 and Board of Governors Policy 1984-13-A, and applies to all Students and Student Organizations. It is intended to be consistent with any referenced University policies and will be construed to avoid inconsistency; however, to the extent that there is an irreconcilable conflict between this Code of Conduct and any University policy, the document with the latest approval date will control.

The Vice President for Student Success and Campus Life serves as the President’s designee for the general oversight of Student conduct matters. Specific responsibility for the administration of conduct matters is delegated to the Executive Director of Student Conduct. The Executive Director of Student Conduct may further delegate responsibility to various Student conduct bodies and administrative staff.

The University Title IX Coordinator coordinates compliance with Title IX and responds to Reports of Student conduct matters involving sexual misconduct, sexual harassment and/or sexual discrimination.

Specific rules for the use of University resources or participation in University functions may be developed in addition to this Code of Conduct. These rules may be dealt with by the offices in charge of the resources or functions or referred to the Office of Student Conduct as deemed appropriate by the University based on the nature of the action.

University-issued electronic mail (email) is the official means of communication on all matters pertaining to the Student Conduct System. If a party to a Student conduct matter is no longer a Student or employee of the University, notifications will be directed via reasonable means. Students are expected to check their University email accounts on a daily basis. Further, Students are responsible for updating the Office of Student Conduct of any email address or other changes to the means of contact with respect to conduct matters.

Except as otherwise provided herein, the language contained in this document shall be construed according to ordinary common usage.

Advisor

An individual who may be present to support a party throughout the conduct process. The Advisor may be a member of the University Community, an attorney, or other individual selected by the party. The Advisor may accompany the party they are supporting to any hearing or meeting that the party is required to attend. Each party is responsible for coordinating and scheduling with their choice of Advisor.

In all conduct matters except those addressed through the Sexual Misconduct Policy processes, the Advisor may communicate only with the party they are supporting and may not otherwise speak for, or on behalf of, the party. The Advisor may not be a party or witness in the matter.

In conduct matters addressed through the Sexual Misconduct Policy processes, the Advisor may not speak for the Party, except for purposes of cross-examination. If a Party does not attend the hearing, the Party’s Advisor may appear and ask questions or conduct cross-examination on the Party’s behalf. If a party does not have an Advisor of choice present for a hearing, the University will appoint an Advisor for the limited purposes of asking questions and conducting cross-examination.

Confidential Resources

 University employees and off-campus organizations who are not required to Report identifiable Student information regarding an incident of sexual misconduct to the Title IX Coordinator. A comprehensive list of on-campus and off-campus confidential resources is available online at the University Title IX website.

Consent

(For purposes of the Prohibited Behavior Definitions relating to Sexual Misconduct) a knowing and voluntary agreement to engage in specific sexual activity at the time of the activity communicated through clear actions and/or words that are mutually understood.

In order to be valid, Consent must be active, present and ongoing.

Consent is not present when it is the result of coercion, intimidation, force, or threat of harm. Consent is not present when an individual is incapacitated due to alcohol, drugs, or sleep, or otherwise without capacity to provide consent due to intellectual or other disability or other condition. Consent can be withdrawn at any time and consent to one form of sexual activity is not necessarily consent to other forms of sexual activity.

When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug. Alcohol and other drugs impact each individual differently. Determining whether an individual is incapacitated requires an individualized determination. When determining whether a person has the capacity to provide consent, the University will consider whether a sober, reasonable person in the same position knew or should have known that the other party could or could not consent to the sexual activity.

When determining whether consent has been provided, all the circumstances of the relationship between the parties will be considered.

Day

For purposes of measuring days within which an event is required under the Student Code of Conduct (e.g., scheduling a hearing, issuing a Student conduct decision, or filing an appeal), days are defined and counted as calendar days.

Determination

The adjudication of an alleged violation of the Student Code of Conduct.

Educational Outcome

An outcome imposed based upon a finding of responsibility for a violation of the Student Code of Conduct, including any modifications of a Student or Student Organization status or standing, and any additional assigned requirements. 

Good Disciplinary Standing

Students enrolled at the University who are not currently under disciplinary probation, suspension or expulsion, and who do not have any outstanding, overdue incomplete Educational Outcomes.

Hearing

The resolution method facilitated by a University Conduct Board or a Hearing Officer involving the parties, witnesses and evidence with the Referred Party having a right to appeal.

Hearing Officer

A single decision-maker given the authority to review and issue a determination in a Student conduct matter other than a matter involving charges where the possible educational outcome is suspension or expulsion.  Student conduct matters involving possible educational outcomes of suspension or expulsion are determined by the University Conduct Board.   

Investigator

An individual employed or appointed by the University to conduct an investigation in Student conduct matters.

Referral

A written Report of alleged Student Code of Conduct violations, excluding sexual misconduct violations made by a member of the University Community against a Student or Student Organization.

Referring Party

A member of the University Community who has submitted a Referral alleging a violation of the Student Code of Conduct. University Community members making Referrals as part of their duties will act as witnesses in the process.

Report

An allegation, other than a Referral, of a violation of the Student Code of Conduct made against any Student or Student Organization.

Reporter

An individual who submits a Report to the University alleging a violation of the Student Code of Conduct. University Community members making Reports as part of their duties will act as witnesses in the process.

Referred Party

The Student(s) or Student Organization alleged to have violated provisions of the Student Code of Conduct.

Sexual Misconduct Investigator

The Title IX Coordinator or the individual designated by the Title IX Coordinator to perform an investigation under the Sexual Misconduct Policy. The Investigator may not have a conflict of interest or bias for or against an individual party, or for or against Complainants or Respondents in general. The Investigator may not serve as a Decision Maker, Appeals Officer or Advisor to any Party in the same matter.

Student

Any person:  
(1) admitted to the University, or
(2) eligible to register or schedule for classes, 

The term “Student” shall include Employees, Volunteers and Officials where the Employee, Volunteer or Official otherwise meets the enrollment criteria set forth in this definition.

Student Conduct Conference

This meeting provides the Referred Party with the opportunity to: discuss the allegations that led to the Report or Referral; review and discuss additional information about the Student conduct process, including information regarding their rights and options and, where appropriate, the availability of informal resolution; receive information regarding the range of potential Educational Outcomes for the charged violation(s), should the charges be substantiated.

Student Organization

Any organized group, that has complied with, or is in the process of complying with the University’s requirements for registration or recognition; receives funds from the University or auxiliary services; or is formed through University academic, athletic, or other departments.

Title IX Coordinator

The individual designated by the University, with assistance of the Deputy Title IX Coordinators, to coordinate the University’s compliance with Title IX and the Violence Against Women Act (“VAWA”) and to respond to Reports of violations. The Title IX Coordinator may not have a conflict of interest or bias for or against an individual party, or for or against Complainants or Respondents in general. The Title IX Coordinator may serve as the Investigator of a Formal Complaint. The Title IX Coordinator may serve as the Investigator of a Formal Complaint for Formal Complaints against Respondents who are Employees. The Title IX Coordinator may not serve as a Decision Maker or Appeals Officer.

University

Commonwealth University of Pennsylvania, including Bloomsburg University, Lock Haven University (including Clearfield campus), and Mansfield University (including Sayre campus).

University Community

The students and employees (including faculty) of the University. For purposes of Referrals, the University Community also includes guests and visitors of the University, and employees of the University’s affiliated entities.

University Conduct Board

A group of trained individuals representing the University community that hear the facts of a Student conduct matter from all involved parties. Based on the facts, the board determines a decision of “responsible” or “not responsible” and recommends appropriate Educational Outcomes when required.

University Property

All objects, items and real estate owned or controlled by the University, starting from the curbed edge inward, as well as sidewalks and building entrances.

Academic Integrity

Academic Integrity refers to the adherence to agreed upon moral and ethical principles when engaging in academic and scholarly pursuits. An act of academic dishonesty involves fraud, deceit, or misrepresentation in attempting to obtain academic credit or influence the grading process by means unauthorized by the course instructor or inconsistent with university policy. Academic honesty is breached when a student willfully gives or receives assistance not authorized in course work, and/or intentionally fails to adhere to, or assists others in failing to adhere to, the university policy on academic honesty. The university's academic integrity policy is part of an effort to nurture a community where trust, honesty, and personal integrity guide all of our dealings with one another. Personal integrity is vital to our pursuit of educating and becoming educated. Faculty are expected to instruct students in ways of avoiding these forms of academic dishonesty.

Alcohol 

(a) Underage use or possession (including constructive possession); (b) public intoxication; (c) distributing, selling, or furnishing of alcoholic beverages without a license or to underage individuals; (d) driving or operating a vehicle under the influence; (e) possession of open containers of alcoholic beverages;* (f) paraphernalia used for consumption of alcohol;* or (g) use, possession, or consumption of alcohol over 21 years of age on University property.*

*Violations apply except as expressly permitted by law and the University’s Policies. 

PLEASE NOTE: The University maintains a Medical Amnesty Policy, which provides limited exceptions to charges under this section in the interest of encouraging Students to seek help for drug- or alcohol-related medical emergencies. 
 

Medical Amnesty

The Commonwealth University of Pennsylvania’s priority is for the safety and well-being of its students and visitors. Consistent with the intent of Pennsylvania’s Medical Amnesty Law, This Medical Amnesty Policy is intended to encourage students to seek emergency medical assistance without fear of conduct violations for alcohol and drug use, including hazing-related instances. In order for a student to receive medical amnesty, the student seeking assistance for themselves or another must:

1. Call 911, Police, Emergency Services, or notify Residence Life personnel based on a reasonable belief that someone, including themselves, is in need of immediate medical assistance;Reasonably believe that they were the first person to make the call or notification;
2. Provide their own name to 911, Police, Emergency Services, or Residence Life personnel, as well as any additional relevant information;
3. Remain with the person needing medical assistance until Emergency Medical Service Providers and/or the Police have arrived and released the student from the scene; and
4. Cooperate with any post event outreach.

The Medical Amnesty Policy does not excuse or protect individuals or students that repeatedly and deliberately violate University policy. It should be noted that this provision does not preclude the University or other appropriate authorities from taking disciplinary action for other University policy violations (i.e. vandalism, physical violence, or harassment), nor does this policy exempt students from any criminal or other legal proceedings associated with the use of alcohol and/or drugs, other than as provided for under Pennsylvania’s Medical Amnesty Law.

University Officials within the Office of Student Conduct will make the determination as to whether or not, based upon the totality of the circumstances, this Medical Amnesty Policy will be applied in each case.

Complicity 

(a) Actively assisting in the commission of a violation; or (b) actively supporting or encouraging the violation.

Disruptive Conduct

Actions that are disorderly, unnecessarily disturb others, or are disruptive to the normal University activities, operations or functions.

Drugs 

(a) Use, possession, constructive possession, sale, and/or use of controlled substances; (b) possession of drug paraphernalia; (c) possession of a significant quantity, manufacturing, distribution, or sale of any controlled substances; (d) driving or operating a vehicle under the influence; (e) administering any prescribed, controlled, or illegal substance to another person without their consent; (f) misuse of prescribed or controlled substances,  except as expressly permitted by law and the University’s Drug Policy.

• Commonwealth University of Pennsylvania Drug Policy

PLEASE NOTE: The University maintains a Medical Amnesty Policy, which provides limited exceptions to charges under this section in the interest of encouraging Students to seek help for drug- or alcohol-related medical emergencies.  Please refer to the University’s Medical Amnesty Policy. (See above under Alcohol Policy).

Failure to Comply

(a) Failure to follow the reasonable directive(s) of University officials made in the performance of their duties, including providing identification, (b) failure to comply with an Educational Outcome or condition issued in connection with a Student conduct action.

False Information

(a) Making, using, or possessing any falsified document or record; (b) knowingly making a false Report or providing false information in connection with a University inquiry or investigation; (c) altering or forging any University document or record, including identification, meal or access cards, and parking permits; or (d) other intentional misrepresentation to, or deception of, a University official.

Gambling 

Engaging in any gambling activities except as authorized by state or federal law.

Harassment

 Engaging in conduct with the intent to harass, annoy, or alarm another person.  This provision is not intended to prohibit constitutionally protected activity. The following behaviors are examples of harassing conduct when engaged in with the requisite intent: following another person in a common or public space; repeated communication during extremely inconvenient hours or after the other person objects to further communication; and otherwise engaging in a course of conduct that serves no legitimate purpose. This includes, but is not limited to, conduct in person or delivered by direct or indirect means via notes, phone calls, and/or use of social media or other electronic media.

Hazing

Engaging in conduct by any individual or organization that is prohibited by the Anti-Hazing Law of Pennsylvania, and/or the University's Anti-Hazing Policy.  A copy of the University’s Anti-Hazing Policy can be found at:

• Commonwealth University of Pennsylvania Anti-Hazing Policy

Information Technology Policy

 Engaging in conduct that violates the University’s acceptable use policy, a copy of which can be found at:

• Commonwealth  University of Pennsylvania Acceptable Use Policy

Law

Conduct resulting in: (a) evidence of violation of local, state or federal criminal laws as substantiated through the University/College’s conduct process; or (b) disposition of local, state or federal criminal charges that have resulted in a finding of guilt, regardless of whether the finding is the result of a guilty plea, no contest (also known as nolo contendere) plea or finding of guilt at trial.

Misuse of University Brand 

Unauthorized use of the University name, logo, insignia, trademarks or other protected marks of the University.

Physical Harm 

Intentionally or recklessly engaging in conduct that causes physical harm or that creates a substantial risk of harm to the health or safety of another person.

Residence Life Policies 

Engaging in conduct that violates the University’s residence life agreement, addendums and policies, which can be found at:

• Bloomsburg University Residence Life Policy
• Mansfield University Residence Life Policy
• Lock Haven University Residence Life Policy

Retaliation 

Any action, directly or through others, including but not limited to, intimidation, threats, coercion, or discrimination, which is engaged in for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations; or because the individual has made a Report or Referral, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing regarding an incident of alleged misconduct, including sexual misconduct. A finding of responsibility for retaliation is not dependent on a finding that the underlying misconduct occurred.

Safety 

Engaging in conduct that violates University fire and safety regulations, policies and rules.  Prohibited conduct includes:

• setting intentional or unintentional unauthorized fires;
• blocking or obstructing University walkways, roadways, and paths of ingress/egress;
• use and/or possession of prohibited incendiary or combustible materials and devices (for example, candles, torches, vaping equipment, e-cigarettes);
• unauthorized use of electrical devices or chemical agents, regardless of whether such unauthorized use results in fire or damage to University or personal property;
• failure to evacuate when directed by an official, alarm, or other reasonable means
• creating any hazardous condition that endangers the health and safety of themselves or others;
• tampering or improper use of fire safety systems and equipment;
• tampering or improper use of other safety equipment (e.g., AEDs, Emergency Phones, First-Aid kits, opioid or other medication rescue materials) or devices (e.g., safety signage, door locks, etc.)
• initiating bomb threats or false reporting of a bomb, fire or other emergency.

Sexual Misconduct 

The University prohibits all Sexual Misconduct violations, as defined below, and as set forth in the University’s Sexual Misconduct Policy. This prohibited conduct can affect all genders, gender identities and sexual orientations. Some of these prohibited forms of conduct may also be crimes under Pennsylvania or federal law.  Please refer to the University’s Sexual Misconduct Policy for a full statement of definitions and procedures related to complaints of sexual misconduct.

Prohibited Conduct:

• Dating Violence – (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act) includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.  Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.
  
  Dating Violence is categorized as Regulatory when it occurs in the United States, within an Education Program or Activity and when the Complainant is participating or seeking to participate in an Education Program or Activity at the time of the filing of the complaint. Otherwise, Dating Violence will be categorized as Non-Regulatory.
• Domestic Violence – (as defined in the VAWA amendments to the Clery Act), includes any violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under Pennsylvania’s domestic or family violence laws or by any other person against an adult or youth Complainant who is protected from that person's acts under the domestic or family violence laws of Pennsylvania.
  
  Domestic Violence is categorized as Regulatory when it occurs in the United States, within an Education Program or Activity and when the Complainant is participating or seeking to participate in an Education Program or Activity at the time of the filing of the complaint. Otherwise, Domestic Violence will be categorized as Non-Regulatory.
• Sexual Assault – (As defined in the Clery Act) – This includes any sexual act directed against another person, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent. Sexual Assault may be one of the following categories:
• Sexual Penetration Without Consent – Any penetration of the mouth, sex organs, or anus of another person, however slight by an object or any part of the body, when consent is not present. This includes performing oral sex on another person when consent is not present.
• Sexual Contact Without Consent – Knowingly touching or fondling a person’s genitals, breasts, buttocks, or anus, or knowingly touching a person with one’s own genitals or breasts, when consent is not present. This includes contact done directly or indirectly through clothing, bodily fluids, or with an object. It also includes causing or inducing a person, when consent is not present, to similarly touch or fondle oneself or someone else.
• Statutory Sexual Assault – The age of consent for sexual activity in Pennsylvania is 16. Minors under the age of 13 cannot consent to sexual activity. Minors aged 13-15 years old cannot consent to sexual activity with anyone who is 4 or more years older than they are at the time of the activity. Minors aged 16 years of age or older can legally consent to sexual activity, as long as the other person does not have authority over them as defined in Pennsylvania’s institutional sexual assault statute[1].
  
  Sexual Assault is categorized as Regulatory when it occurs in the United States, within an Education Program or Activity and when the Complainant is participating or seeking to participate in an Education Program or Activity at the time of the filing of the complaint. Otherwise, Sexual Assault will be categorized as Non-Regulatory.
• Sexual Exploitation – Engaging in sexual behaviors directed toward or involving another person or use of another person’s sexuality for purposes of sexual gratification, financial gain, personal gain or personal advantage when consent is not present. This includes, but is not limited to, the following actions, including when they are done via electronic means, methods or devices:
  
   Sexual voyeurism or permitting others to witness or observe the sexual or intimate activity of another person without that person’s consent;
  Indecent exposure or inducing others to expose private or intimate parts of the body when consent is not present;
  Recording or distributing information, images or recordings of any person engaged in sexual or intimate activity in a private space without that person’s consent;
  Prostituting another individual;
  Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; and
  Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.
   
• Regulatory Prohibited Conduct – For purposes of this Policy, the term includes the defined violations of Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and Regulatory Stalking. Regulatory Quid Pro Quo Sexual Harassment – An Employee conditioning the provision of aid, benefit or service of the University on an individual’s participation in unwelcome sexual conduct.
• Non-Regulatory Quid Pro Quo Sexual Harassment – An official, volunteer or Student conditioning the provision of aid, benefit or service of the University on the individual’s participation in unwelcome sexual conduct.
• Regulatory Hostile Environment Sexual Harassment – Unwelcome conduct, on the basis of sex, that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s Education Program or Activity.
• Non-Regulatory Hostile Environment Sexual Harassment – Unwelcome conduct, on the basis of sex, that a reasonable person would determine is sufficiently severe, pervasive, and objectively offensive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from any educational, employment, social or residential program offered in connection with the University.
• Stalking – (as defined in the VAWA amendments to the Clery Act) means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.
  
  A course of conduct is when a person engages in two or more acts that include, but are not limited to, acts in which the person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about a person in a prohibited way, or interferes with a person’s property.
  
  Stalking includes the concept of cyberstalking, in which electronic media such as the Internet, social networks, blogs, cell phones, texts, email or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.
  
  Stalking is categorized as Regulatory when it occurs in the United States, within an Education Program or Activity and when the Complainant is participating or seeking to participate in an Education Program or Activity at the time of the filing of the complaint. Otherwise, Stalking will be categorized as Non-Regulatory.

Theft

(a) The unauthorized possession, removal, and/or receipt of property without the express consent of the owner; or (b) the attempt to possess, remove or receive without the express consent of the owner.

Threat of Harm 

Intentionally or recklessly engaging in physical, verbal or written conduct that creates a reasonable fear of infliction of physical pain or injury to another person or damage to property.  This includes a single threat, or a course of conduct, regardless of whether such incidents are in person or conveyed through electronic means. 

Unauthorized Access 

Access, entry, presence, or use of buildings, rooms, property, and/or accounts (electronic or otherwise) without permission.

University Policy

Violation of any published University policy or rule (official University policies can be found at:

• Commonwealth University of Pennsylvania Policies

Vandalism

 intentional, reckless and/or unauthorized damage, destruction or defacement of property of another, including University property.

Weapons

Violations include the following:

• The use, possession, and/or transportation of:
• fireworks;
• a paintball, air soft, and/or BB gun;
• explosives;
• any item designed and/or used in such a way to threaten, inflict bodily harm, and/or physical damage
• The unlawful or unauthorized use, possession, or transportation of (i) a firearm and/or (ii) firearm ammunition.

A copy of the University’s rules regarding use, possession, and transportation of firearms on campus can be found at:

Bloomsburg Firearms Policy
Mansfield Firearms Policy
Lock Haven Firearms Policy

Refer to the University’s Sexual Misconduct Policy for a statement of the processes and procedures associated with Reporting and adjudicating matters of sexual misconduct.

Overview

The University believes strongly in providing a fundamentally fair and impartial Student conduct process. To that end, the Referred Party will receive reasonably specific advanced written notice containing a description of the alleged violations of the Student Code of Conduct, including time, date, and place of occurrence and a description of the alleged prohibited conduct.

Reports of alleged sexual misconduct, including those involving a mixture of both non-sexual misconduct and sexual misconduct charges, will follow the process outlined in the Sexual Misconduct policy.

Note regarding matters involving a mixture of both non-sexual misconduct and sexual misconduct charges:   If all of the alleged sexual misconduct violations are dismissed, and the remaining underlying allegations, if true, would violate the Student Code of Conduct, the matter may be referred for further action by the University’s Office of Student Conduct, as appropriate.

Burden of Proof

The University bears the burden of establishing any charged violation of this Code. The Referred Party does not have the burden to prove that a violation did not occur. A Referred Party may decide not to participate in the hearing or an investigation.  Neither of these decisions shifts the burden of proof away from the University.

 Standard of Proof

The University is responsible for establishing any charged violation by a “preponderance of the evidence” standard. This means that the University must show that it is more likely than not that the Referred Party engaged in the charged violation of the Student Code of Conduct.

Use of Advisors

Parties are permitted to have an Advisor accompany them to any hearing or meeting that the party is required to attend.   Each party is responsible for coordinating and scheduling with their choice of Advisor.  The Advisor may be a member of the University Community, an attorney (retained at the Student’s own expense), or another individual selected by the party.

In all conduct matters except those addressed through the Sexual Misconduct Policy processes,[1] the Advisor may not speak or participate directly in any aspect of the conduct process, but rather can only consult and interact privately with their Student.  An Advisor may not be a party or potential witness in the matter. 

While the University will consider information regarding Advisor schedules and availability, the scheduling of meetings and hearings throughout the Student conduct process is at the discretion of the University.

Submitting a Referral

While any individual may make a Report of an alleged violation of the Student Code of Conduct by a University Student or Student Organization, only a member of the University Community may submit a Referral to the Executive Director of Student Conduct or designee.  Formal action under the student conduct process will occur only upon the submission of a Referral.  In instances where a member of the University Community makes a Report of an alleged violation of the Student Code of Conduct, but elects not to submit a Referral, the Executive Director of Student Conduct or designee will review the Report and may, as deemed appropriate, initiate a Referral. Similarly, in instances where a Referring Party cannot be identified or wishes not to participate, the University may, at its discretion, initiate a Referral against a Referred Party. If a Referring party remains anonymous, the University will be limited in response.

All Referrals must be in writing and should be submitted as soon as possible after the events on which the Referral is based. Referrals, other than those relating to alleged sexual misconduct, must be submitted to the Office of Student Conduct.

Referrals may be submitted electronically:

• Bloomsburg University Student Conduct Incident Report
• Mansfield University Student Conduct Incident Report
• Lock Haven University Student Conduct Incident Report

Referral Review

The Executive Director of Student Conduct or designee will review Referrals to determine if sufficient information is alleged to indicate that the Referred Party has engaged in behavior constituting a violation of the Student Code of Conduct.

If the Executive Director of Student Conduct or designee determines that sufficient information is alleged to indicate that a violation or violations occurred, the Referral will proceed and appropriate interim measures may be imposed. Should further investigation be required, additional information and evidence will be gathered prior to a determination.

If the Executive Director of Student Conduct or designee determines that no violation of the Student Code of Conduct is indicated, the Referral will be dismissed. There will be no appeal of this dismissal decision.

Evidence

Only evidence that is admitted during the Student Conduct Conference or hearing shall be considered in judging the matter.

 

The University is not bound by formal rules of evidence. Evidence or information that may not be admissible in a court of law may be admissible in a conduct hearing or as part of an investigation; however, hearsay evidence may not be used to establish a fact necessary to support a decision in a case. The Hearing Officer or the Chairperson of the University Conduct Board will decide what information is admissible as part of a hearing. 

Court documents, including affidavits of probable cause, preliminary hearing transcripts, and other relevant court and public records, may be utilized at a Student conduct hearing given their inherent reliability, even when the person that prepared them is not available to testify or answer questions.

The Executive Director of Student Conduct or designee has discretion to control the methods of presentation of evidence or physical appearance of participants (e.g., remote presentation of evidence) in order to ensure orderly and efficient presentation of evidence and the integrity of the hearing process. A party wishing to request a modification relating to the hearing should do so prior to 48 hours of the scheduled hearing time.

Notice of Charges

Where the Executive Director of Student Conduct or designee determines that sufficient evidence exists to support a possible finding of responsibility for a violation of the Student Code, the Executive Director of Student Conduct or designee will issue a Notice of Charges to the Referred Party. Where the Referred Party is a Student Organization, the Notice will be directed to the identified officers or representatives of the organization.

The Notice will contain a description of the alleged violations of the Student Code of Conduct, including time, date, and place of occurrence and a description of the alleged prohibited conduct. The Notice will also include the date, time, and location of a meeting scheduled by the Office of Student Conduct or the Office of Residence Life to review the Notice of Charges and next steps in the conduct process. Alternatively, the Notice may request that the Referred Party contact the assigned Administrator to set up such a meeting.  

Where the alleged acts of misconduct require investigation, issuance of the Notice may be deferred by the Executive Director of Student Conduct or designee pending completion of the investigation.

Investigation

Depending upon the complexity of the matter, the Executive Director of Student Conduct or designee may appoint an Investigator.  The Investigator may recommend interim action to the Executive Director of Student Conduct or designee at any point in the investigation. All investigations will be completed promptly. 

The Investigator will determine the best method and order of information gathering, which may include interviews with the Reporting Party, Referred Party, and any identified witnesses, as well as review of relevant documents or other evidence.  Where a Referred Party fails or refuses to participate in the investigation process, the matter will proceed based upon evidence collected during the investigation process. 

Student Organizations

In matters involving a Student Organization, the Investigator may require a group meeting or a series of individual meetings.  Students who fail to appear for investigative interviews or who fail to cooperate in good faith during investigative interviews may be subject to action under the Student Code. Future recognition of the Student Organization may be assessed based on the Student members’ cooperation.

Students’ cell phones or similar electronic communication devices may be collected and/or use may be restricted during any investigative interview in order to ensure the integrity of the investigation; however, the cell phones will not be subject to search without Student permission or warrant.

The Student Conduct Conference

The Student Conduct Conference will be facilitated by a University/State System administrator designated by the Executive Director of Student Conduct or designee. Referred Students will be provided notice of the date, time, and location of the Student Conduct Conference, as scheduled by the Office of Student Conduct or the Office of Residence Life. Alternatively, it may be requested that the Referred Student contact the assigned Administrator to set up a Conference by an established deadline.

During the Student Conduct Conference, the Referred Party will receive additional information about the Student conduct process, including information relating to: resolution options available through the conduct process; the hearing process; and the range of potential Educational Outcomes for the charged violation(s). 

The facilitating administrator will give the Referred Party the opportunity to:

• come to mutual resolution during the Conduct Conference, waiving the right to a Formal Hearing and the right to an appeal;
• request a hearing; or
• accept responsibility for the charge(s) but request further hearing on the Educational Outcomes. In this event, the statement of responsibility will be accepted and the matter will be referred for a hearing on the Educational Outcome only. There will be no appeal of the finding of responsibility. Where a hearing is held on the Educational Outcome only, and the matter involves a possible Educational Outcome of suspension or expulsion, the Educational Outcome hearing will be held before the University Conduct Board. All other Educational Outcome hearings will be held before a Hearing Officer.

If a Referred Party fails to attend the Student Conduct Conference, the matter will be scheduled for a hearing.  A letter will be sent to the Referred Party informing them of the hearing date/time.  

Scheduling the Hearing

The Executive Director of Student Conduct or designee will provide the parties with written notice of the hearing at least five (5) days in advance of the hearing.  At the discretion of the Executive Director of Student Conduct or designee, any matters not involving possible Educational Outcomes of suspension or expulsion may be scheduled and heard informally before a Hearing Officer. Where the matter will be heard before a Hearing Officer, the hearing may be scheduled for an earlier date if the Referred Party agrees.

In matters where the Educational Outcomes may include suspension or expulsion, or in those matters where the Dean of Students/designee exercises discretion not to schedule the matter before a Hearing Officer, the matter will be scheduled as a formal hearing before the University Conduct Board. 

The hearing notice will contain a statement of:

• the date, time, and place of the hearing;
• a statement of the date, time, place and alleged acts of misconduct;
• a statement of the specific charges pending against the Referred Party; and
• an identification of the Hearing Officer or University Conduct Board Members, as appropriate

While every effort will be made to schedule the hearing at a time convenient for all parties, final scheduling authority rests with the Executive Director of Student Conduct or designee. When multiple Referrals involving the same Student are received, each Referral will be considered separately in determining whether a conduct process should be initiated.  Multiple charges against the same Referred Party will generally be investigated and adjudicated separately; however, at the discretion of the Executive Director of Student Conduct or designee, multiple charges may be investigated and adjudicated together under appropriate circumstances, which may include, but are not limited to, consent of the parties, similar or related conduct, and the administrative burden of considering the charges separately. The Executive Director of Student Conduct or designee also has the authority, when a matter involves more than one Referred Party, to hold a single hearing for all Referred Parties, or hold separate hearings for each Referred Party.

Hearing Procedures

If a Referred Party fails to attend the Hearing, the matter will be heard in their absence.

At the discretion of the Executive Director of Student Conduct or designee, any matters not involving possible Educational Outcomes of suspension or expulsion may be scheduled and heard informally before a Hearing Officer.  Procedures for hearings before Hearing Officers are less formal; however, as set forth more fully below, the following provisions apply to both informal hearings before a Hearing Officer and formal hearings before the University Conduct Board. 

Closed Hearings

All hearings are closed to the public. Hearings are open only to the parties identified by the University. Witnesses are not permitted to remain in the hearing room except as directed.

Hearing Attendance

The Referred Party and any identified parties with knowledge of the incident, are expected to appear at a hearing. However, in the event that a key witness or affected party fails to attend a Student conduct hearing, the Executive Director of Student Conduct or designee reserves the right to dismiss the matter, or to proceed with the hearing. If a Referred Party fails to appear, the hearing may be conducted in their absence. In extraordinary circumstances the Executive Director of Student Conduct or designee has sole discretion to reschedule the hearing.

The Referred Party has the right to challenge the designation of a Hearing Officer or University Conduct Board member for: personal bias; or prior involvement with parties or circumstances surrounding the matter. A challenge to a Hearing Officer or University Conduct Board member for cause must be presented to the Office of Student Conduct in writing at least two (2) days before the scheduled hearing. The party making the challenge must provide all facts supporting their challenge. A ruling on the challenge will be issued in advance of any hearing.

Witnesses

The Referred Party is required to notify the Office of Student Conduct of the names and contact information of their respective witnesses at least three (3) days prior to the scheduled hearing time. Character witnesses are not permitted.

The Referred Party is responsible for arranging for the attendance of their witnesses at the hearing.

Witnesses are only allowed in the hearing room during their period of testimony or when called to answer questions. The Hearing Officer or University Conduct Board reserves the option of limiting the number of witnesses providing statements at a hearing.

In matters of Student Organization misconduct, individuals who provide information as part of an investigation may remain confidential throughout the conduct process, provided their identities are known to the University and the investigator serves as a witness.

Hearing Outcomes

If a decision of “not responsible” is reached, the matter is closed with no right of appeal.

If a decision of “responsible” is reached, the Hearing Officer or University Conduct Board will make a recommendation to the Executive Director of Student Conduct or designee of Educational Outcomes based upon the nature of the code of conduct violation. Past violations of the Student Code of Conduct will be factored into the determination of the Educational Outcomes after a decision of responsibility has been reached. Previous conduct will not be considered in establishing whether a Referred Party is “responsible” or “not responsible” of the current charges.

A written decision will be issued, setting forth the findings on the charge(s) and the Educational Outcomes imposed. Absent extenuating circumstances, the written decision will be issued as expeditiously as possible but in no event later than thirty (30) days after conclusion of the hearing. The determination letter will include factual findings and rationale for the decision, and present a complete description of the educational outcomes, if any. Appeal criteria and procedures will be outlined as well.

All hearings before the University Conduct Board are recorded. Hearings before the Hearing Officer may be recorded at the discretion of the Hearing Officer. Where audio or video recording is not made, a written summary of the hearing will be made. Any additional video, audio, stenographic, or photographic recording of any hearing is prohibited.

Educational Outcomes

Educational Outcomes are utilized to help Students and Student Organizations develop more productive patterns of behavior, to support the integrity of the academic mission, and to protect the members of the University Community.

Stipulations may be attached to all Educational Outcomes as deemed appropriate in the interest of supporting the principles outlined above.  The Executive Director of Student Conduct or designee, has final authority in determining completion of assigned stipulations. Registration holds may be placed pending receipt of required evidence of completion of assigned stipulations.

Individual Student Educational Outcomes

Disciplinary Warning: Official notice that specific behavior or activity was in violation of the conduct code and that further violations may result in more serious disciplinary action. Students receiving a Disciplinary Warning remain in good disciplinary standing.

Disciplinary Probation: Official notification of a specified period of review and monitoring. Further violations of the conduct code may result in more severe disciplinary action, including an examination of continued status as a Student. Students on Disciplinary Probation are not in good disciplinary standing.

Final Disciplinary Probation:  Final Disciplinary Probation is imposed only in very serious cases or in response to progressive discipline stipulating that a Student, in lieu of University suspension, is being allowed to remain at the University provided that the Student adheres to certain conditions, as set by the Board or Hearing Officer. A Student on Final Disciplinary Probation is denied the privilege to represent the University in any organized capacity including intercollegiate varsity, non-varsity or club events or to hold office in any Student Organization. Students on Final Disciplinary Probation are not in good disciplinary standing.

Suspension: Official notification involving a disciplinary separation from the University for a specified period generally not less than one semester and generally not exceeding two years. Suspension involves denial of all affiliated privileges and rights, including the privilege of using University facilities. A Student may not attend classes or be enrolled in online or distance education, take exams, earn grades, attending University activities or be on University property except for University business during the suspension period.  University business must be approved in advance by the Executive Director of Student Conduct or designee.

Further violations of the conduct code may result in more severe disciplinary action, including an examination of continued status as a Student. Students on Suspension are not in good disciplinary standing. All stipulated conditions shall be completed before re-enrollment.

Expulsion: Official notification of permanent separation and termination of the Referred Party’s status as a Student, and exclusion from University property, privileges, and activities. Students on Expulsion are not in good disciplinary standing.

Individual Student Stipulations

Restitution: Reimbursement for damage to, or destruction of, University property.

Housing Reassignment: Movement from a current residential assignment to another location in campus housing. Housing rates may be impacted.

Housing Removal: Removal from campus housing for a specified period of time. Access to campus housing including visitation is prohibited. Should circumstances warrant, housing removal could be permanent. In accordance with Residence Life policy, in such instances there will be no refund of housing fees.

Alcohol/Other Drug Education: Completion of an assigned substance education program as directed. A fee may be charged for the service component.

Restriction of Privileges: Exclusion from, or limits on, participation in specified services and activities or specified campus facilities. Prohibition of participation in campus co-curricular activities or use of campus services, e.g., intramural participation, room reservation privileges, leadership

Educational Activities: Completion of a specified activity, service project, educational program, event, assignment, papers, meetings or other educational and/or restorative assignment.

Fees: Students found responsible for student conduct violations with assigned Educational Outcomes, such as educational modules, consultations, workshops or other programs are required to pay preset fees to cover the cost of that programming. Those fees will be applied to the individual’s student account as follows:

• $25 – assigned Judicial Educator module(s).
• $50 – assigned consultations, such as BASICS/CASICS workshops and other programs.

Fines: Fines are applied in the following instances:

• $75 – Failure to Comply with assigned educational outcomes.
• $100 – Findings of responsibility for fire safety violations within campus residence halls, including tampering with or improper use of fire safety systems and equipment. This fine is in addition to any assigned Educational Outcomes.

No Contact Directive: Official written expectations issued by a University administrator restricting or prohibiting contact between individuals, and may also include other restrictions.

Student Organization Educational Outcomes

Organization Disciplinary Warning: Official notice that specific behavior or activity was in violation of the conduct code and that further violations may result in more serious disciplinary action. It is intended to communicate or remind the organization of its responsibility to the University Community.

Organization Disciplinary Probation: Organization Disciplinary Probation is a period of time during which the group must demonstrate the ability to comply with University rules, regulations, and other requirements as stipulated by the Educational Outcome. During this time, the organization may be required to complete an educational component or service project. A Student Organization will remain on probation through the date indicated or until the date all assigned Educational Outcomes have been completed, whichever occurs later. Educational outcomes that restrict privileges may also be imposed.

Organization Final Disciplinary Probation: A final probation status means that any violation of the Code of Conduct by the organization, during this time, may result in the organization’s immediate suspension. A Student Organization will remain on Final Probation at least through the date indicated or until the date all assigned educational outcomes have been completed, whichever occurs later.

Organization Disciplinary Suspension: A suspended Student Organization loses all rights and privileges associated with being a recognized Student Organization, must cease any organizational activity or function, and is prohibited from engaging in any organizational activity or function until the suspension is completed.

Disciplinary Organization Disestablishment: The organization loses its formal campus recognition and is permanently prohibited from conducting any and all group activity on- or off-campus. All events must be canceled immediately.

Student Organization Stipulations

Educational Activity: The required participation by the organization in specified group activity, service projects, educational programs, or other assignments.

Restriction of Privileges or Activities: The loss of the use of services or privileges as a Student Organization or the loss of the privilege to participate in an activity or event for a specified period of time.
 

Note: Examples of privileges that can be lost include, but are not limited to: recruitment freeze, suspension of the Student Organization’s funds, suspension of access to the organization’s web space, suspension of the ability to reserve rooms on campus, suspension of the ability to apply for Student activity fee funding, suspension of fund-raising activities, suspension of access to office space, and others. 

Membership Review: The organization is required to review and affirm each person’s commitment to the expectations of organization membership. This may involve one-on-one interviews with each member and a member of the national or international staff, and/or a University Advisor or administrator.

Member Intake and Recruitment Review: The organization is required to submit a plan on how it will emphasize values during the intake process. The plan should include details of the expected date and time of activities, goals, participant learning outcomes, and the event assessments.

Organization Restitution: Reimbursement for actual damage to or destruction of property, including that of the University.

Interim Measures

Interim measures are temporary steps taken by the University through the Office of Student Conduct in an effort to maintain the safety of the campus community and an environment conductive for academic success. Interim measures do not replace the regular conduct process, which shall proceed on the normal schedule. Once a final decision has been made on a Student conduct matter, the interim measure will be lifted.  Interim measures may include, but are not limited to, administrative directives, a loss of privilege/s, a residence hall room reassignment, or restriction from parts of campus. The Executive Director of Student Conduct or designee, as designated by the University President, may approve or institute the following interim actions without a prior hearing:

Interim No Contact Order

A written directive issued by a University administrator restricting or prohibiting contact between individuals, and may also include other restrictions. An Interim No Contact Order is not an indication of responsibility for a violation of University policy; rather, it is intended to protect any Student or other individual in the University Community. The Interim No Contact Order remains in effect until a determined date, or pending the outcome of the student conduct process.

Interim Removal from University Housing

A Student who is notified of an interim removal from University housing must immediately relocate from on-campus housing to an off-campus location. The Student is prohibited from entering/visiting any campus residence hall or apartment during the interim removal period. The Student may attend classes and University activities.

Interim Student Organization Restriction/s 

The organization is prohibited from conducting any activities, events, meetings or social functions. Participation in university organizations or holding office in organizations or other privileges can also be included under this Educational Outcome as deemed appropriate by the hearing officer or board based on the incident.

Interim Student Organization Suspension

A written directive issued to recognized Student organizations directing the group to cease all operations.  The organization may not conduct business, hold meetings, host events, attend events as a group, or continue with any philanthropic activities until further notice.  Any requests for exceptions must be communicated to the Office of Student Conduct. A letter from the organization’s National Headquarters, if the group is associated, must also accompany the request for exception.

Interim Suspension

This measure is taken if it is determined the Student’s continued presence constitutes an immediate threat of harm or safety to other Students, university personnel or university property.

Interim Suspension from the University

A Student who is notified of an interim suspension must immediately leave University property. The Student may not return to campus or participate in any university programs or activities, including classes, during the interim suspension period.

Interim Suspension Review Process

A Student issued an interim suspension will be afforded a hearing on the interim suspension within fourteen (14) days. If extenuating circumstances warrant an extension of the review, it will be communicated to the Student.

The purpose of the hearing is to review the interim suspension only. The University Conduct Board will determine if Student’s continued presence constitutes an immediate threat of harm to other Students, University personnel or to University property. If it is determined that continuation of the interim suspension is not warranted, the Student will be reinstated immediately. The reversal of an interim suspension shall not be construed as finding a Student "not responsible" of underlying alleged violations of the Code of Conduct. The hearing on the interim actions will not address the underlying misconduct. A hearing will be scheduled to address the violations.

Appeals

In matters reviewed under the Sexual Misconduct Policy, please refer to the processes and procedures set forth in that Policy for appeals.

All appeals must be submitted in writing no later than five (5) days after the date noted on the outcome letter.  Appeals must be submitted via the online Student Conduct Outcome Appeal form.

• Bloomsburg University Student Conduct Outcome Appeal
• Mansfield University Student Conduct Outcome Appeal
• Lock Haven University Student Conduct Outcome Appeal

The original Educational Outcomes and stipulations will be stayed pending a decision on the appeal. However, the Executive Director of Student Conduct may, under extenuating circumstances, continue the Educational Outcomes imposed while an appeal is in process.

In cases of Organization Disciplinary Suspension or Organization Disciplinary Expulsion, the appeals by groups who are affiliated with a national or international organization must be accompanied by a letter of support for the appeal.

An appeal may be sought on the following grounds:

1)  A procedural irregularity under the University policy or procedures that affected the hearing outcome.
2)  New evidence that was not reasonably available through the exercise of reasonable diligence at the time of the hearing that could affect the outcome of the matter.
3)  The University Conduct Board Member/Hearing Officer(s) had a conflict of interest or bias for or against an individual party that affected the outcome of the matter.

The appealing party must set forth the grounds for the appeal, and include any supporting documentation. If the grounds for an appeal asserts a procedural irregularity, existence of new evidence, or conflict of interest/bias, the appealing party bears the burden of establishing by a preponderance of evidence that the outcome of the matter was affected. 

The University allows one level of appeal review. No further appeals are permitted.

Appeal of hearing decisions will be submitted to the Executive Director of Student Conduct or designee. The appeal will be forwarded in a timely manner to the appropriate person for review.

The appeal will be reviewed to determine if the merits of the stated basis for appeal are met. If the appeal grounds have been met, all related documentation and evidence will be reviewed within the scope of the appeal.

The role of the University Appeals Officer is not to reweigh the evidence. The Appeals Officer will confine their review to the basis of appeal alleged and may modify the Educational Outcome or stipulations or in the event of new information, remand back to the original hearing board to reweigh the new evidence.

After review, the Appeals Officer shall inform the appealing party in writing of one of the following determinations:

• Uphold the original decision;
• Affirm or modify the imposed Educational Outcome;
• Overrule the original decision and modify the outcome or dismiss the case based solely on the submissions of the appeal; or
• Overrule the original decision and remand the case back to the board or hearing officer of original jurisdiction for rehearing to correct a procedural or factual defect.

Decisions on the appeal will be issued within thirty (30) days, absent extenuating circumstances,

 

Disclosure of Disciplinary Records

All Students’ disciplinary records are kept in accordance with the Family Educational Rights and Privacy Act (FERPA) of 1974 (the “Buckley Amendment”), 20 U.S.C. 1232g. In accordance with these provisions, all disciplinary files are confidential and may only be disclosed:

• To the Student;
• To a person or agency possessing a signed consent from the Student authorizing the release to the designated person/agency. Signed consents must meet the requirements of FERPA.  Consent forms are available at the University Registrar’s Office.
• Records may also be disclosed to the following individuals without consent of the Student:
  • To the parents of a dependent Student (as defined by the Internal Revenue Service);
  • To the parents or guardians of a Student under the age of 21 who has been found responsible, or accepted responsibility for an alcohol or drug violation. In such instances, the parents/guardians may be notified of the violation(s).
  • To a court official, agency, or other designated individual in order to comply with a subpoena or court order served upon the University. When served with a subpoena or court order, the University will notify the Student in writing that it is complying with the court order.
  • To a requesting individual where the Student has been found responsible, or accepted responsibility, under the Student Code of Conduct for a violation relating to a crime of violence or a non-forcible sex offense, as provided in FERPA (34 C.F.R. § 99.39).[1]  In such instances, only the final results (the name of the Student, the violation committed, the Educational Outcome imposed, date of decision and duration of Educational Outcome) will be disclosed.  The names of other Students, including any Reporting or complaining Student and witnesses, will not be disclosed without the consent of the Referred Party Student.
  • To the victim of a Referred Party alleged to have committed a crime of violence or non-forcible sex offense.  In such instances, a finding of responsibility is not required; however, the University will disclose only the final results (the name of the Student, the violation committed, the Educational Outcome imposed, date of decision and duration of Educational Outcome) of the disciplinary proceeding. 
  • To others within the University with a legitimate need to know and for compliance with other University policies and Reports.

Consistent with the University Sexual Misconduct Policy, the University will disclose the outcome of a disciplinary proceeding alleging sexual misconduct to both the Complainant and the Respondent. The University may also disclose the results of a disciplinary proceeding brought against the alleged perpetrator to the alleged complainant of any crime of violence, as that term is defined in 18 U.S.C. 16.

The release of records relating to the Student Organization Discipline Process will be managed by the Office of Student Conduct. There may be times when it is appropriate or necessary to release the interim status or outcome of a particular conduct meeting/hearing to those both within and outside of the University. Those types of decisions will be made on a case-by-case basis. FERPA requires the confidentiality of individual Student records.

 Records Retention

The University maintains disciplinary records of Students. These records are maintained separately from the Student’s official academic records. The University shall retain academic integrity violations and all other discipline records for seven years after incident. All records related to Student Organization conduct will be kept in the Student Organization’s official file indefinitely and the organizational outcomes may be shared or published at the University’s discretion. Records involving suspensions and expulsions are kept indefinitely.

Hazing Policy:

• Commonwealth University of Pennsylvania Anti-Hazing Policy

Information Technology Policy:

• Commonwealth University of Pennsylvania Acceptable Use Policy

Residence Life Policy:

• Bloomsburg Residence Life Policy
• Lock Haven Residence Life Policy
• Mansfield Residence Life Policy

Sexual Misconduct Policy:

• Commonwealth University of Pennsylvania Sexual Misconduct Policy

University Policy:

• Commonwealth University of Pennsylvania  Policies

Firearms Policy:

• Bloomsburg Firearms Policy
• Lock Haven Firearms Policy (Page 19)
• Mansfield Firearms Policy

 

 

Revision Date	Author	Description
August 3, 2022	Office of the Dean of Students	Unified Code of Conduct posted