STATEMENT OF STUDENT RIGHTS AND RESPONSIBILITIES:
STUDENT CODE OF CONDUCT
2009 - 2010

California University works to achieve its mission of Building Character and Careers by fostering an environment that encourages learning, both in and out of the classroom. The adoption of the Core Values of Civility, Integrity and Responsibility, is an effort to achieve an educationally-supportive environment by your voluntary commitment to live by these values. In addition to the Core Values, the University has adopted a bill of Rights and Responsibilities for members of the university community that describes the commitments we should make with each other as members of the University Community:

• We have the right to safety and security.
• We have the responsibility to ensure the safety and security of others.
• We have the right to be treated with respect.
• We have the responsibility to treat others with respect.
• We have the right to expect the best.
• We have the responsibility to give our best.
• We have the right to be treated fairly.
• We have the responsibility to treat others fairly.

It is hoped students will reflect on these Rights and Responsibilities and how these could be incorporated into their lives if accepted. Experiences at the University will challenge students and provide opportunities for personal growth as part of Building Character.

The Student Code of Conduct identifies behaviors which are aligned with the Rights and Responsibilities and those which are not in order to assist students in learning what behaviors are appropriate in a university environment. Compliance with the Student Code of Conduct is not voluntary. Behavior that violates the Rights and Responsibilities as defined below will be considered violations of the Student Code of Conduct and may result in disciplinary action through the Office of Student Conduct.

I.    DEFINITIONS
The term University shall refer to the community of faculty, staff, and students at California University of Pennsylvania.
The term student shall mean an admitted student, graduate or undergraduate, registered for classes whether full time or part time. Student status will continue as long as the relationship is maintained and is not dependent on when classes are in session.
The term faculty member shall mean any person employed by the University who holds academic rank or performs teaching or research duties.
The term staff member/administrator shall mean any person employed by the University or the Student Association, Inc. or other affiliated entity not considered faculty.
The term University premises, campus and/or facilities shall mean all buildings or grounds owned, leased, operated, controlled or supervised by the University or the Student Association, Inc.
The term off-campus violation shall mean a violation of a Behavioral Expectation which occurs in locations other than university or affiliates property or facilities.
The term organization shall mean a group of students who have complied with University and/or Student Association, Inc. requirements for registration or recognition.
The term hearing officer shall mean a Residence Director, the Greek Life Advisor, Assistant Dean for Student Conduct, Associate Vice President for Student Development or other administrator designated by the Vice President for Student Development and Services to serve as an administrative hearing officer.
The term charges shall mean the specific rule or policy a student is alleged to have violated.
The term Assistant Dean for Student Conduct shall mean the administrator appointed by the Vice President for Student Development and Services to oversee the university conduct system.
The term University sponsored activity shall mean any activity on or off campus, which is authorized or supervised by the University.
The term responsible for a violation shall mean the student(s) or organization has been determined to have violated Behavioral Expectations either through admission or by a decision of the hearing officer or board.
The term referred student shall mean any student against whom a complaint has been filed alleging a violation of the Student Code of Conduct.
The term Behavioral Expectation(s) shall mean the manner in which the University expects students to act as outlined in the Student Code of Conduct, the Residence Life Rules and Regulations, the Greek Life Guidelines and other established and posted rules, procedures and guidelines.
The term board hearing shall mean a meeting with a designated conduct board operating in accordance with the hearing procedures in this document to adjudicate allegations of violations of behavioral expectations.
The term administrative hearing shall mean a meeting with a designated hearing officer during which student(s) alleged to have violated behavior expectations and the hearing officer agree on responsibility for the action(s) and sanction(s) without conducting a board hearing.
The term preponderance of evidence shall mean the majority of the information presented during either an administrative or board hearing convinced the hearing officer or board to conclude that the student was more likely than not to have violated the behavioral expectations as a student.
The term violent acts shall mean any behavior proscribed by the Student Code of Conduct directed towards another university community member that placed him/her in jeopardy, such as assault, sexual misconduct, hazing, etc.

II.    JURISDICTION
The President of California University of Pennsylvania, with the approval of the Council of Trustees, is authorized under Act 188 - which created the Pennsylvania State System of Higher Education of which this University is a part - to create rules of student conduct. These rules and procedures apply to all students and are applicable to behavior occurring both on and off university property. All recognized student organizations are expected to abide by the same regulations as individual students.
This Student Code of Conduct supersedes all previous versions of student codes of conduct and is effective as of August 27, 2009. The Vice President for Student Development and Service or designee is responsible for implementing and managing the Student Conduct Sytem including interpreting any ambiguities or decide any questions about the application of this code.
The conduct process is an administrative function of the university and is separate and independent from all legal proceedings. Students are expected to obey all local, state and federal laws. Both university disciplinary and legal proceedings may be used to address actions that violate both university policy and any law. The university does not waive taking disciplinary action due to criminal or civil proceedings or view disciplinary action as a substitute for legal proceedings.
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, such as the Residence Life Rules and Regulations and the Greek Life Guidelines, 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.

III.    RIGHTS & RESPONSIBILITIES
All students, as defined in this document, are expected to meet the following behavioral expectations. Failure to abide by these expectations may be considered a violation of the student code of conduct and result in disciplinary action. These expectations apply to all students, regardless of age, residency or other designation and to student behavior occurring both on and off campus. Students are responsible for ensuring appropriate behavior of their guests on university or affiliate’s property and informing them of university rules, policies and procedures.

A.    Ensuring the Safety and Security of Self and Others would require one NOT engage in the following:
1.    Actual or threatened physical assault.
2.    Endangering behavior that intentionally or recklessly causes injury, or endangers oneself, other persons or property. This includes the creation of unsafe or unsanitary conditions.
3.    Inappropriate sexual behavior including:
i.    Sexually harassing behavior defined as severe or persistent acts based on the sex of an individual that interfere with that individual’s ability to benefit from educational opportunities or activities. Such behavior can include sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature.
ii.    Sexual misconduct meaning attempts or acts of non-consensual sexual contact including, but not limited to caressing, fondling, or touching a person’s genitalia, buttocks, or breasts. It shall also be considered sexual misconduct when a person is compelled to caress, fondle or touch another’s genital, buttocks or breasts.
iii.    Sexual assault defined as any threatened, attempted or actual acts of sexual intercourse involving any penetration of a bodily cavity with a foreign object, tongue, digit or genitalia without consent as defined below. (See California University Sexual Assault Protocol for complete details and reporting and support information)
iv.    Consent shall be defined as positive cooperation in act, behavior or words, in the course of having sexual activity so long as both parties are acting freely and voluntarily, without any coercion or threat of coercion. Both parties must understand the nature of the activity. Consent cannot be implied if either participant is unable to provide positive cooperation or state his/her wishes due to unconsciousness or injury, mental incompetence, age, or intoxication and this fact is known or reasonably should have been known by the person committing the act. Also a lack of protest or previous cooperation does not imply consent. Consent can be withdrawn at any time during an interaction.
4.    Forcible entry or unauthorized presence in any university or affiliate’s building or other premises including the use of unauthorized entrances or exits, or means to enter or exit.
5.    Possession of weapons or dangerous items which may be used to inflict harm on others or property such as firearms, BB guns, paintball guns, knives, fireworks, or chemicals when not authorized on university or affiliate’s property or without proper license off campus.
6.    Creating fire hazards through starting fires, explosions, or possessing items designated as fire hazards such as candles, incense, space heaters, halogen lamps, flammable chemicals, firecrackers or other explosives without authorization.
7.    Tampering with fire or other safety equipment such as blocking emergency exits, removing or discharging fire extinguishers, activating fire alarm pull station or heat/smoke sensors without cause.
8.    Failing to exit a building or area when a fire alarm sounds or requested to do so for emergency or safety reasons.
9.    Smoking on property owned or controlled by the university effective July 1, 2009.
10.    Hazing defined as any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student, or which requires, encourages, or permits violation of any federal, state or local statute or college policy, for the purpose of initiation or admission into, or affiliation with, or membership in any organization recognized by, or affiliated with the university.
11.    Irresponsible alcohol use including, but not limited to:
i.    Consuming or possessing alcohol, regardless of age, or paraphernalia relating to alcohol use such as taps, bongs, empty containers, etc., on university or affiliate’s property.
ii.    Being overly intoxicated whereas actions create a negative atmosphere for oneself or others.
iii.    Providing alcohol to persons under 21 years of age.
iv.    Possessing alcohol under 21 years of age on or off campus, including knowingly being in the presence of alcohol.
v.    Consuming alcohol under 21 years of age on or off campus.
vi.    Violating this code or laws while under the influence of alcohol whether on or off campus.
vii.    Advertising events involving the serving or consumption of alcohol on university property.
12.    Misuse of drugs including, but not limited to:
i.    Using or possessing narcotics, hallucinogens or other controlled substances without a medical prescription.
ii.    Possessing paraphernalia relating to drug use such as bongs, pipes, or other items used or modified to facilitate drug use.
iii.    Violating this code or laws while under the influence of drugs whether on or off campus.
iv.    Selling, purchasing, delivering or transferring drugs in any manner.
B.    Giving One’s Best would require one NOT engage in the following:
1.    Academic misconduct including all forms of cheating and plagiarism. Academic misconduct includes, but is not limited to, providing or receiving assistance in a manner not authorized by the instructor in the creation of work to be submitted for academic evaluation including papers, projects, and examinations; and presenting, as one’s own, the ideas or works of another person or persons for academic evaluation. Cases of allegations of academic misconduct will be referred to the Provost’s Office.
2.    Use of University documents or resources in a manner other than their official, designated use.
3.    Knowingly making false statements or presenting false information, including making false reports, reports of emergencies, crimes or violations of university policies.
4.    Theft, meaning the unauthorized use or possession of another’s personal, university or affiliate’s property.
5.    Vandalism, meaning the damage, destruction or defacement of personal, university or affiliate’s property.
6.    Illegal gambling in any form as defined by law.
7.    Misuse of computers or network resources, including electronic mail, for the violation of personal privacy or the committing of crimes, the unauthorized use of computers and /or peripheral systems, unauthorized access to computer programs or files, unauthorized alteration of computer programs or files, unauthorized duplication or use of computer programs or files, making unauthorized changes to a computer account, or other deliberate actions which disrupt the operation of computer systems, including electronic mail, serving other students or the university community generally. This includes sending threatening or harassing e-mail messages or e-mail bombs. The unauthorized downloading of copyrighted material is prohibited as a criminal act. Specific guidelines may be obtained through the Office of Computer Services or whenever logging into the system. Use of the system is recognition that the user accepts responsibility for abiding by the university’s guidelines and policies on computer usage.
8.    Violating any of the restrictions, conditions or terms of a sanction resulting from prior disciplinary action imposed by a hearing officer or university official.
9.    Refusing to comply with reasonable requests of university or affiliate’s employees acting in the performance of their duties.
10.    Violation of established university policies, rules and regulations that are contained in other university publications but not specified in this code or that are announced to the university community following this publication.
11.    Unauthorized use of the University’s name, insignia, or other emblem.
12.    Violation of federal, state or local law that reflects negatively on the university or endangers university community members, whether occurring on or off university property.
13.    Actions that encourage, facilitate or support violation of university policies, procedures or regulations.
C.    Treating Others Fairly would require one NOT engage in the following:
1.    Harassing behavior, meaning repeated, severe or pervasive actions directed towards specific individual(s) with the intent to harass or alarm including actual, attempted or threatened physical contact or acts that serve no legitimate purpose.
2.    Stalking, meaning a course of conduct or repeated acts towards another including following with the intent to cause reasonable fear of bodily harm or substantial emotional distress.
3.    Disrupting behavior, meaning conduct that is disorderly, unnecessarily disruptive to others, and/or disruptive to the normal practices, processes and functions of the university or local municipalities. This includes the disruption or obstruction of university activities, such as teaching, research, administration; Use of technology, without appropriate prior notice or consent, to create, display or distribute an audio, video or digital file or image of people, places or things where the location reflected is a place where a  person would have  a reasonable expectation of privacy(such as bedrooms, restrooms, or locker rooms).Interfering with entry into or exit from buildings, offices or other areas requiring free movement of people.
4.    Interfering with the freedom of any person to express his/her views as long as the expression is within legal limits.
5.    Conduct that constitutes unlawful discrimination based on another person’s race, color, sex, religion, age, national origin or sexual orientation.

IV.    PROCEDURES
A.    Referrals
1.    Making a Referral
Any member of the University community, guest, visitor or other interested party may make a report of an alleged violation of university rules against a student. Complaints must be in writing and submitted to the Office of Student Conduct or a designated hearing officer within a reasonable amount of time from the incident. This deadline may be extended up to one calendar year by the Vice President for Student Development and Services or designee based on unique circumstances.
Referrals will be forwarded to the appropriate hearing officer to review the report to determine if a violation of university rules was likely to have occurred based on the report. If so, the hearing officer will determine specific charges and initiate the conduct process.
If a complainant decides not to participate in conduct proceedings or have his/her name released after filing the initial report, the university will continue investigating the allegation and will proceed if possible. If no other witnesses or information are available to support a complaint, the report will be filed and no action will be taken.
2.    Organizations
Recognized student organizations have the same rights and responsibilities as individual students. A complaint may be viewed as the action of an organization if a significant number of students involved belong to an organization, planning and leadership for an action came from organization members or if an organization authorized or funded the action. The officers will act on behalf of the organization in conduct proceedings with the same participation rights and privileges as individual students outlined.
3.    Investigation
Complaints will be forwarded to a designated hearing officer to review. If the hearing officer believes sufficient evidence exists to support the complaint, an investigation will be conducted. The scope of the investigation will be determined by the nature and complexity of the complaint. The referred student will be called in for a preliminary meeting by the hearing officer once sufficient information has been gathered. The hearing officer will share the complaint and any other pertinent information at the preliminary meeting with the student and allow the student to respond.
4.    Withdrawals
If a student withdraws from the university prior to completion of the conduct process through either hearing option, the process may be restarted at, or as a condition for, re-enrollment at the discretion of the Assistant Dean for Student Conduct. A registration hold will be placed on the student’s account until the process is restarted or completed.
5.    Limited Immunity
A student who admits to unrelated Behavioral Violations in the course of  reporting an incident as a victim of physical assault, endangering behavior, inappropriate sexual behavior, stalking or harassing behavior or when calling for medical assistance will not be charged for those violations. The university may follow up on the admission in an informal manner.
B.    Hearing Options
Students accused of violating university rules may request either an administrative or conduct board hearing. The University reserves the right and sole discretion to assign particular cases to whichever hearing option is determined by the Vice President for Student Development and Services or designee to be in the best interests of all concerned, including the University.
1.    Administrative Hearing
This hearing option allows a resolution of the complaint between the referred student and a designated hearing officer, usually during the preliminary meeting. In this option, the student accepts the determination of responsibility for violations and the sanctions offered by the hearing officer, allowing the complaint to be resolved. No recording or transcript of these proceedings will be created or maintained. The student waives the right to a board hearing and the ability to appeal in accepting the hearing officer’s decision.
2.    Conduct Board Hearing
If a student and hearing officer are unable to agree on whether the student is responsible for violating university rules or what sanctions are proposed, the student may request a conduct board hearing. The University Conduct Board will operate to adjudicate violations of the Student Code of Conduct. The University Conduct Board will be composed of student, faculty and staff representatives and a minimum of one representative from each area will sit on any given hearing board. The Assistant Dean for Student Conduct will act as advisor and chairperson for the board. Faculty and staff representatives will be appointed by the President while student members will be appointed by the Vice-President for Student Development and Services. All terms will be for one year with reappointments possible. The University Conduct Board will consist of eight (8) members plus the chair as a non-voting member except in cases of tie votes. A minimum of four (4) members plus the chair are required to establish quorum for a hearing.
C.    Board Hearing Procedures
Conduct board hearings shall be conducted in a fair and impartial manner. Strict rules of evidence will not apply since conduct proceedings are administrative in nature. All board hearings will be recorded on audiotape or other reliable means at the discretion of the Assistant Dean for Student Conduct. This recording will be the sole and official record of the hearing and will be maintained in the Office of Student Development and Services until after all appeal procedures are exhausted. The University Conduct Board will follow the suggested order below. Other conduct boards established for adjudicating violations of specific rules (such as Residence Life and Greek Life) will follow similar procedures.
1.    Introductions
2.    Introduction of charges and student’s response of responsible, not responsible or no plea
3.    Information in support of charges by complainant or department filing the complaint including statements of witnesses
4.    Information in support of the referred student including statements of witnesses
5.    Private deliberation of the board members to determine responsibility for violations and sanctions if appropriate. Such determination will be by majority vote.
6.    Announcement of the board’s determinations (may not be immediate depending on circumstances)
D.    Appeals
The outcome of any conduct board proceeding may be appealed by the referred student. Survivors of sexual assaults or other violent acts who filed the original complaint may also appeal a hearing outcome. Appeals are to be in writing and submitted to the Assistant Dean for Student Conduct within five (5) class days of receipt of the written notice of the board decision. Appeals from the University Conduct Board will be heard by the Vice President for Student Development and Services or designee. The original determinations of the board will be considered final and conclusive if an appeal is not received within the five day time limit. Appeals must be based on at least one of the following reasons to be considered:
1.    Procedural errors in the operation of the conduct process substantial enough to have effectively denied the student a fair hearing.
2.    Availability of new and significant evidence which was not available at the original hearing in spite of diligent efforts by the student to collect information.
3.    Lack of substantial information presented at the hearing to support the determination of responsibility.
4.    Severity of the sanctions does not match the severity of the violation.
An appeal will limit inquiry to information that is a record of fact when the request was received. The appeal officer will determine a response which could be denial of the appeal, granting an administrative hearing with the appeal officer or conducting a review of the proceedings and information without meeting with the student. The appeal officer will notify the student of the response to the appeal within ten (10) work days from the date of the receipt of the appeal. If an administrative hearing is granted, the student will receive at least two (2) days notice of the time, place and date of the hearing to prepare. No recording of an appeal hearing will be made. The appeal officer will send written notification of the outcome of an appeal hearing within five (5) days of the hearing.
The appeal officer may modify the decisions of responsibility and sanctions as s/he deems appropriate if the appeal is upheld. Sanctions may be increased only in case of an appeal by a survivor of a sexual assault or other violent act.

E.    Conduct Policies
1.    Complaints will be assigned to a designated hearing officer to investigate. Following an investigation, a preliminary meeting will be held with the referred student to review the complaint and other information gathered. During the preliminary meeting, the student may normally be allowed to request an administrative or board hearing.
2.    If a student fails to attend a preliminary meeting after reasonable attempts by the university to provide notification, the university reserves the right to adjudicate the complaint based on the information available through an administrative hearing.
3.    If a student fails to appear for a scheduled hearing without providing notice, the hearing officer or conduct board may precede in his/her absence. Only information then available will be considered in determining responsibility and sanctions. Failure to participate will not be used to determine responsibility for a violation by itself and will not be grounds for an appeal.
4.    Referred students shall be provided written notification of the time, place and date of a board hearing at least three (3) calendar days in advance following a preliminary meeting. The notice shall include the charges to be adjudicated and other pertinent information about the hearing. The student can request a postponement of the hearing which will be reviewed and decided on by the Assistant Dean for Student Conduct.
5.    Referred students have the right to an advisor of his/her choice present at an administrative or board hearing. An advisor may provide support and advice but not actively participate in a hearing. Attorneys may act as advisors, but may not argue a case or attempt to introduce legal procedures.
6.    Hearings, both administrative and board, will be closed to the public. The University reserves the right to review individuals attending hearings based on their involvement with the incident. All information presented during conduct proceedings is confidential and will only be released if subpoenaed or with the student’s permission except for final results of sexual assaults or other violent acts which will be released to the survivor or victim of the act.
7.    Prospective witnesses, other than the complainant and referred student, may at the discretion of the chair be excluded from a board hearing during statements by other participants.
8.    Oral and/or written statements may be considered at the discretion of the chair or hearing officer and will be weighed as deemed appropriate by the hearing authority.  Referred students are responsible for ensuring witnesses or documents are available at the time of the hearing.
9.    Referred students will be afforded an opportunity to hear and respond to all information presented against them.
10.    Referred students may request the removal of any board member they feel may be biased against them. Removal for bias will be at the chair’s discretion. Board members with a conflict of interest or bias may excuse him/herself from a hearing. A hearing officer may request a case be assigned to another hearing officer due to a conflict of interest.
11.    All participants are expected to act with integrity by providing honest answers, following established procedures and maintaining confidentiality.
12.    Hearings will be conducted in a civil manner with any participant disrupting the conduct process being excluded from the remainder of the meeting. The chair is responsible for ensuring civility during a hearing.
13.    Pending resolution of a complaint, student status may only be altered to protect university interests and/or the safety and security of individual members of the university community. Such actions may include interim suspensions, restriction of privileges including access to certain areas of campus and no contact directives. The Assistant Dean for Student Conduct is responsible for determining if such actions are necessary and implementation.
14.    Determination of responsibility for violating any university rules will be based on the standard of preponderance of the evidence in both administrative and board hearings.
15.    Parents or guardians will be notified of violations of the university’s drug and/or alcohol policies as outlined in Section III above. Notification will be coordinated by the Assistant Dean for Student Conduct following completion of conduct proceedings, including the time period allowed for appeals. Students may request an exception from notification to the Assistant Dean for extenuating circumstances.
16.    Conduct records, including reports of violations and official correspondence, will be maintained minimally for a period of two (2) years from graduation or separation of a student from the university, except for suspension or expulsions. Records from cases involving suspension or expulsion will be kept indefinitely. Conduct records will be housed in the Office of the Vice President for Student Development and Services.
17.    Written notification of the outcome of a hearing including the reasons for the decision, findings of fact and an explanation of the sanctions will be sent within a reasonable timeframe from the conclusion of the conduct proceedings by either the hearing officer or the chair of a conduct board. Notifications will be sent to the referred student and the survivor/victim of sexual assaults or other acts of violence. Other notifications may be sent in order for the University to comply with applicable victim notification laws for reporting the results of disciplinary proceedings.

V.    SANCTIONS
    The following sanctions comprise a range of official action that may be imposed for violation of regulations by individuals or groups. One or more sanctions may be imposed at the discretion of the hearing officer or board in an effort to promote behavioral change. Sanctions attempt to teach alternative behaviors; increase personal and social skills; increase a student’s awareness of obligations to others; demonstrate implications of actions; and explain rationale behind regulations. This list does not limit the actions available to a hearing officer or board and is not inclusive of all possible actions that could be taken as a result of a violation of university policy. Students found responsible for violations will receive a minimum of disciplinary warning with expulsion being the maximum sanction.

Disciplinary Warning. This action is taken when the individual’s conduct or involvement merits an official admonition that can be either verbal or written. The student is warned that further misconduct may result in more severe disciplinary action. A disciplinary warning is intended to promote reflection on the decisions and behavior leading up to a violation and promotes an increased awareness of the university’s behavioral expectations.

Disciplinary Probation. This action is designed to assist students in developing behavior appropriate to the university community through placing them on a warning status.  There are three types of probation listed below which may be imposed depending on the type and severity of the violation.

1.    Residence Hall Probation - A change in student status for violating Residence Life Rules and Regulations involving written notice of the probation, its terms, and time limit as established by the Hearing Officer or Residence Life Conduct Board.  Privileges of residents, including visitation, may be revoked for all or part of the time the resident is on probation.  The resident is also informed that further violations may result in greater levels of sanctions. This level of probation is intended to provide the student an opportunity to reflect on and learn from their behavior while increasing their awareness of the impact of their behavior on themselves and others and of the university’s behavioral expectations. The importance of making mature decisions is stressed while a student is on probation.

2.    University Probation Level I – A change in student status involving written notice of the probation, its terms, and time limit as established by the Hearing Officer or University Conduct Board. The student is notified that further infractions of any University regulation may result in more stringent restrictions being placed on his/her actions. This level of probation is intended to provide the student an opportunity to reflect on and learn from their behavior while increasing their awareness of the impact of their behavior on themselves and others and of the university’s behavioral expectations. The importance of making mature decisions is stressed while a student is on probation.

3.    University Probation Level II - The most serious level of conduct sanction short of suspension from the University during which the student is considered not in good standing.  The student remains enrolled at the University under circumstances defined by Hearing Officer or University Conduct Board and may not represent the University in any official capacity or hold office in any student organizations including, but not limited to, varsity or non-varsity intercollegiate athletic events or teams, recognized student organizations, theater groups or productions, musical organizations, or SAI Senator or Officer positions.  This probation level indicates to the student that further violation(s) of University regulations will result in more stringent conduct action, including but not limited to suspension or expulsion from the University. This level of probation is intended to promote reflection on the student’s behavior and decisions while stressing making mature decisions, engaging in critical thinking and developing more appropriate behavior as a member of the university community.

Behavior Contract. A student and hearing officer may reach a written agreement concerning expectations for future behavior and decisions to assist in preventing inappropriate behavior from recurring.

Residence Hall Reassignment or Removal. This action is an involuntary reassignment to another hall or removal from on-campus housing altogether for a designated period of time and may include restricted visitation privileges.  Usually, a student is given forty-eight hours to remove all belongings from an assigned space and reimbursement of room charges will be based on the official university refund schedule for removals. This sanction is imposed to protect the welfare of a residence hall or floor community and students having this sanction imposed should reflect on the behavior necessary for an individual to be part of a residential community by respecting others, developing critical thinking skills and mature decision-making skills.

Restriction of Privileges.  This action consists of an effort to assist students in developing an awareness of the responsibilities that go along with privileges and increase an awareness of appropriate behavior and how decisions impact themselves and others. Under this sanction, students may be restricted from entering certain buildings, attending certain events or using specific programs due to their behavior. Residence hall students may have their visitation privileges restricted or revoked for a certain time period or specific guests may not be allowed into a residence hall. Participation in university organizations or holding office in organizations or other privileges can also be included under this sanction as deemed appropriate by the hearing officer or board based on the incident.

No Contact Directive. This action is implemented at the discretion of a hearing officer directing a student to avoid initiating contact with another member of the university community and may include limiting access to areas to avoid incidental contact. A no contact directive may be imposed at a student’s request without conduct proceedings if it does not involve any accommodation changes. Contact includes direct interactions in person or through technology as well as the use of third parties to interact.

Suspension of Group Recognition.  This action consists of the withdrawal of all or part of the official recognition of a group for a stated period of time and will include conditions for reinstatement of recognition. This sanction is intended to assist groups in developing a stronger sense of the responsibilities which goes along with the privileges of university recognition and a commitment to be a positive part of the university community.

Revocation of Group Recognition.  This action is permanent cancellation of the official University recognition and privileges of a group found in violation of University regulations.

Restitution Fines.  A student or organization may be required to make payment to the University or to another specified person(s) or group(s) for damages incurred as a result of a violation of behavioral expectations.  Restitution fines may be imposed by the University in addition to any other sanction to promote responsibility for actions and an awareness of the consequences for behavior.

Restitution Service.  As part of the sanctioning process, students can be required to perform service to assist in developing increased awareness of the impact of their decisions and strengthen critical thinking abilities to identify appropriate behavior. These services can include performing assigned duties, sponsoring programs, etc.

Educational Activity. A student or organization may be required to complete an educational activity or project relating to the violation to assist in their developing increased awareness of the impact of their decisions, strengthen critical thinking abilities to identify appropriate behavior and an increased sense of responsibility, integrity and civility.

Conduct Referrals.  Hearing officers may refer students found responsible for violations to campus resources to assist, educate or monitor them in the development of appropriate behavior, critical thinking skills, mature decision-making skills, etc. These referrals are mandatory and failure to complete a referral could result in additional conduct action. Referrals may include the CHOICES Drug & Alcohol Education Program, the Counseling Center, etc., and could include drug testing for violations related to drug use.

Registration Hold. A hold may be placed on a student’s registration if the student has failed to complete a sanction or withdraws prior to official conduct on an allegation. Holds are intended to be temporary until either the sanction or conduct process is complete. Registration holds may also be used during periods of interim suspension, suspension or expulsion.

 Interim suspension.  The President or his/her designee may suspend a student for an interim period pending full conduct proceedings whenever there is evidence that the continued presence of the student at the University poses a substantial threat to the safety and/or well being of any member of the university community or university or private property. An interim suspension may be effective immediately without prior notice; however the decision may be appealed to either the Assistant Dean for Student Conduct, Associate Vice President or Vice President for Student Development and Services and will be handled as outlined in the Appeal Procedures except that the time lines will not apply. The student shall be given an opportunity to appear personally before a hearing officer or board within 10 class days from the effective date of the interim suspension unless extenuating circumstances warrant an extension, in which case a hearing will be provided at the earliest possible date. Both the student(s) and the university must agree to an extension that may be left open ended. By agreeing to an extension, the student accepts the decision of interim suspension and any conditions imposed as part of it.

During an interim suspension, the student will be barred from all or part of the University’s premises, as designated by the hearing officer.  A student under interim suspension who returns to the portion of campus from which s/he was barred without permission from the Vice President for Student Development and Services will be subject to dismissal and/or arrest for trespassing.
Suspension.  This action is an involuntary separation of a student from the University for a designated period of time after which s/he is eligible to return.  The Assistant Dean for Student Conduct or Associate Vice President for Student Development may establish requirements for reinstatement, which must be fulfilled to his/her satisfaction.  The student may not participate in any University sponsored activity and may be barred from University premises during suspension. Reimbursement of university charges or fees for students removed from the university due to conduct action will follow the official refund schedule for withdrawals. This action is designed to protect members of the university community and their property, promote critical thinking and mature decision making skills, self-reflection on behavior and the impact it had on the student and others.
Expulsion.  This action is one of involuntary and permanent separation from the University.  The student will be barred from all University activities and property following expulsion. Reimbursement of university charges or fees for students removed from the university due to conduct action will follow the official refund schedule for withdrawals.