Student Code of Conduct
- Student Code of Conduct
- Good Samaritan Policy
- Hazing Policy
- Sexual Offenses Policy
- Academic Honesty Policy
Student Code of Conduct
Kutztown University is centered upon a culture of learning, the pursuit of academic excellence and the holistic development of its students. As such, the Kutztown University Student Code of Conduct is established to uphold standards of the community in an effort to embrace and care for the living-learning environment of the university. In doing so, the Student Code of Conduct espouses the standards of the institution in an effort to cultivate an environment that maintains student accountability and supports an atmosphere conducive to learning.
Article I: Definitions
- The term "university" means Kutztown University.
- The term "student" includes all persons taking courses at Kutztown University either full-time or part-time, pursing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but have a continuing relationship with Kutztown University, or who have been notified of their acceptance for admission through payment of the Advanced Registration Deposit are considered "students". This Student Code of Conduct does apply at all locations of the University, including branch campuses and/or off site teaching or internship locations.
- The term "university official" includes any person employed by the University, performing assigned administrative or professional duties.
- The term "member of the university community" includes any person who is a student, faculty member, University official or any other person employed by the University. If in question, a person's status in a particular situation shall be determined by the Associate Vice Provost and Dean of Students.
- The term "university premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University including adjacent streets and sidewalks.
- The term "student organization" means any number of persons who have complied with the formal requirements for University recognition.
- The term "hearing authority" means any person or persons selected to serve in accordance with University governance processes to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a non-academic violation has been committed.
- The Associate Vice Provost & Dean of Students or his/her appointed designee is that person designated by the University President or his/her designee to be responsible for the administration of the Student Code of Conduct.
- The term "policy" means the written regulations of the university as found in, but not limited to the Student Code of Conduct, Document on Student Rights and Welfare, The Key Student Handbook, Acceptable Use Policy, Academic Honesty Policy, Sexual Offenses Policy, Undergraduate/Graduate Catalogs, Kutztown University Policy Register, and the Kutztown University web page (http://www.kutztown.edu).
Article II: Student Code of Conduct Authority
- Specific regulations concerning student conduct on campus and their administration shall be the responsibility of the Council of Trustees and the President of the University through the Division of Academic and Student Affairs and such members of the faculty and student body as appropriate.
- The Associate Vice Provost and Dean of Students or his/her designee shall develop policies for the administration of the Student Code of Conduct and procedural rules for the conduct of hearings that are consistent with the provisions of the Student Code of Conduct and the Document on Student Rights and Welfare. The development of policies will be inclusive of representatives of all facets of the university community.
- The process outlined in the Document on Student Rights & Welfare shall determine the composition of the conduct and appellate boards and determine which hearing authority shall be authorized to hear cases of alleged student misconduct.
- Students are recognized as contributing members of the University community. All are recognized as having specific rights and responsibilities which are indicated in the Document of Student Rights and Welfare included in this handbook.
- The Kutztown University e-mail system is recognized as an official communication medium for receiving related student conduct correspondence.
Article III: Jurisdiction
The Kutztown University Student Code of Conduct shall apply to conduct that occurs on University premises, at University related activities on or off campus, and to off campus conduct that represents a substantial University interest which adversely affects the University community and/or the pursuit of its objectives. Students shall be responsible for their conduct from the time of confirmation of acceptance for admission through the actual awarding of degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after their degree is awarded).
Off Campus Rights & Responsibilities
The Introduction to the Kutztown University Document on Student Rights and Welfare clearly states that reasonable guidelines are essential to facilitate the development of high standards of mutual respect and integrity within each and every student. Sensitivity to our environment as well as community involvement that extends beyond the physical campus boundaries are integral components to the appropriate development of responsible citizenship.
Kutztown University is genuinely committed to the student developing civic skills and public service experiences for living in a public world. To that end, Kutztown University will encourage the personal and intellectual development of students as they exercise rights of citizenship both on and off-campus in the local community. Kutztown University will make every effort to foster positive relations among students and permanent residents as well as provide experiential learning opportunities for students to become actively involved in off-campus civic, community, social service organizations and causes.
While the University has a primary duty to regulate behavior on its premises, there are circumstances when the off-campus behavior of students affects a substantial University interest and warrants disciplinary action. The University expects students to conduct themselves in accordance with the law. Student behavior off the premises of the campus that may have violated any local, state, or federal law is subject to review by the University and may result in student conduct charges being filed against a student by the Office of the Associate Dean of Students. When students are found responsible for behavior off-campus that both meet the definition of affecting a substantial university interest, and violates the Student Code of Conduct, sanctions will be applied.
When the University has been made aware of off campus misconduct, the Off-Campus Rights and Responsibilities article may be applied by the University simultaneous to any criminal action taken by civil authorities. However, the University may defer final action until all external processes have been completed or until such time when the on campus procedure may proceed without encumbrance.
At the same time, where there is a compelling reason (such as concern for the safety of other students), the Office of the Associate Vice Provost & Dean of Students may, after an initial review of the evidence, impose an Interim Suspension, requiring that the student leave the campus or a particular facility pending disciplinary proceedings and/or medical evaluation.
Student conduct committed off the campus which affects a substantial university interest is conduct which:
- Constitutes a violation of local, state or federal law. Included are repeat violations of any local, state or federal law committed in the immediate or adjacent municipalities where the university is located.
- Indicates that the student may present a clear and present danger or threat to the health or safety of others.
- Significantly infringes upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder.
- Is detrimental to the educational interests of the University.
Any off-campus student behavior that affects a substantial University interest, as previously defined, violates the Student Code of Conduct and is subject to disciplinary action following standard University procedures.
In accordance with the Document on Student Rights and Welfare and university disciplinary procedures, students are entitled to contest any allegations and may request a hearing or review before the appropriate hearing authority. The appropriate hearing authority will review the referred incidents for off-campus misconduct in the same manner they do for violations that have occurred on university premises. The hearing authority may also consider whether or not the referred off-campus misconduct affects a substantial university interest and whether the behavior should be subject to disciplinary action.
Specific sanctions established for off-campus misconduct will vary as sanctions do for on-campus violations depending upon the individual nature of each situation including the student's prior conduct record. The sanctions for off-campus misconduct range from disciplinary reprimand to dismissal from the University.
The following categorization is a guide of misconduct behaviors and/or law violations in the categories of: minor, moderate and major. This listing does not take into consideration a student's prior disciplinary record. Therefore, those students with a history of prior misconduct may receive firmer sanctions than those listed below for any particular act of misconduct.
Major Student Misconduct Behaviors/Violations of Law:
Student Code of Conduct violations committed off the campus that typically would fall into the major category and yield a sanction range of suspension, including interim suspension to dismissal are: felonies to misdemeanors.
Moderate Student Misconduct Behaviors/Violations of Law:
Student Code of Conduct violations committed off the campus that typically would fall into the moderate category and yield a sanction range of disciplinary probation to dismissal are: misdemeanors to non-traffic violations of criminal statutes.
Minor Student Misconduct/Violations of Law:
Student Code of Conduct violations committed off the campus that typically would fall into the minor category and yield a sanction range of disciplinary reprimand to disciplinary probation are: non traffic summary offense of criminal statues to violations of local code and ordinances.
Article IV: Conduct
Standards & Regulations
1. Violation of the Sexual Offenses Policy.
2. Violation of the Academic Honesty Policy.
3. Violation of the Hazing Policy.
4. Computer/Technology Misuse:
a. Violation of the Acceptable Use Policy.
b. Violation of ResNet regulations and policies for responsible use.
5. Harm to Others:
a. Physical violence including but not limited to physical abuse, assault and/or battery; threats of violence; striking, shoving or subjecting another person to unwanted physical contact.
b. Intentionally or recklessly endangering, threatening, or causing physical harm to any person and/or their property;
c. Harassment, or a pattern of behavior that involves verbal abuse or harassment, threats, intimidation, bullying, coercion, stalking, and/or other conduct which threatens or endangers the health and safety of another person or another person's property;
d. Stalking, or the repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and safety of another person.
e. Bullying, or the repeated and intentional harassment and/or intimidation of another person.
f. Use of the Internet, interactive, and/or digital technologies to harass, bully and/or stalk another person.
a. Attempted or actual theft of and/or damage to property of the university or property of a member of the university community or other personal or public property, on campus;
b. Attempted or actual theft of university services.
c. Possession and/or receipt of stolen property.
d. Tampering, discharging or causing to be inoperable any firefighting/lifesaving apparatus, alarm devices, fire safety devices, and emergency equipment for no legitimate purpose and/or initiating bomb threats or false alarms to any facility.
e. Failure to evacuate a facility or designated area in a timely manner or to comply with the directions of a university official during a fire drill or other health and safety emergency.
f. Setting or attempting to set a fire or creating/causing a fire on campus.
g. Trespassing in areas that are posted, off-limits and/or restricted including but not limited to water towers, the quarry area, electrical substations, areas under construction or repair, areas cordoned off by university officials, roof tops, and buildings that are closed.
h. The willful obstruction of a passageway, entrance, exit, or any portion of a university building which restricts the freedom to utilize the facility for its stated and intended purpose.
i. Misappropriation of a university resource including the act or the attempt to remove a university resource designated for general student or university usage or consumption from a designated area.
j. Actions that cause disruption to university networks and/or telecommunications systems, equipment and/or resources.
k. Use of university resources, facilities or services to commit a violation of university policy or the law.
Students found responsible for violations of this conduct standard for health, fire/safety, theft and property damage provisions are subject to lost of university housing.
7. Expectations of Cooperation:
Failure to comply with directions of university officials or law enforcement officers acting in the reasonable performance of their duties and/or failure to identify oneself to these persons when requested to do so.
8. Unauthorized Access:
Unauthorized possession, duplication or use of keys, key access cards, computer system or network passwords, access systems or codes to any premises or unauthorized entry to or use of university premises.
a. Use, possession, manufacturing, or distribution of alcoholic beverages or alcoholic products on university premises or at official university events/functions on or off campus.
b. Constructive possession of alcoholic beverages or products whereby possession is defined as the presence of alcoholic beverages or products in an area under one's control such as a residence hall room in which the student is assigned or a vehicle.
c. Public intoxication on university premises or at official university student activities/functions on or off campus.
d. Underage use of alcohol.
e. Excessive use of alcohol resulting in a state of intoxication. Excessive use includes (but is not limited to) use resulting in a need for medical attention, inability to function without assistance, unconsciousness, inability to recall events, incoherent or disoriented behavior, loss of control of bodily functions, and /or having a blood alcohol level of .16 or above.
f. Selling alcoholic beverage or products without a license or furnishing alcohol to a minor on or off campus.
g. Hosting or organizing a party where a party is defined as involving five (5) or more people in residence halls; or seven (7) or more in suite style residence halls; or twelve (12) or more in apartments or on nearby grounds at which alcoholic beverages or products and/or drugs are present. Students found responsible for violation of this specific provision are subject to loss of university housing.
h. Driving while intoxicated. Intoxication includes driving with blood alcohol content of .08 or greater for persons who are 21 years of age or older or .02 or greater for persons under the age of 21.
a. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances, except as expressly permitted by law.
b. Constructive possession of marijuana, heroin, narcotics or other controlled substances whereby possession is defined as the presence of contraband in an area under one's control such as a residence hall room in which the student is assigned or a vehicle.
c. Being under the influence of illegal drugs or other controlled substances on university premises or at official university student activities/functions on or off campus.
d. Selling, delivering, transporting or furnishing any illegal drugs or controlled substances.
e. Hosting or organizing a party (Section IV.9.g) where marijuana, heroin, narcotics or other controlled substances are present. Students found responsible for violation of this specific provision are subject to loss of university housing.
f. Possession of drug paraphernalia including but not limited to pipes, bongs, grinders and other devices.
g. Use of legal substances or synthetic substances, legal or illegal, in a fashion designed to alter one's mental or physical state (e.g. inhalants, synthetic marijuana, etc.).
h. Impaired driving as a result of the use of drugs or illegal substances.
i. Drugging another person's food, drink or other consumable products without their knowledge.
Possession or use of firearms, explosives, other weapons, or dangerous chemicals on university premises is prohibited. Unauthorized items include but are not limited to: firearms of any kind including pellet and BB devices, ammunition, air powered projectile devices, knives with blades longer than four (4) inches, switchblades of any kind, chemicals, fireworks, any item which has been modified or adapted so that it can be used as a weapon or any item which has been used as a weapon, or any other dangerous weapons.
12. Disorderly Conduct
a. Conduct that is disorderly, disruptive, and/or serves no legitimate purpose.
b. Breach of peace or aiding, abetting, or procuring another person to breach the peace on university premises or at functions sponsored by, or participated in by, the university or members of the academic community.
c. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, pedestrian or vehicular traffic, other university activities or of other authorized non-university activities when the conduct occurs on university premises.
d. Unauthorized use of electronic or other devices to make an audio or video record of any person while on university premises without his/her prior knowledge, or without his/her expressed consent when such a recording is likely to cause injury, distress, or breach a reasonable expectation for privacy. This includes, but is not limited to, surreptitiously taking pictures or videos of another person in a gym, locker room or restroom.
Any violation of law, university conduct standard, or policy based on the actual or perceived age, ancestry, color, religion, disability, gender, national origin, race or sexual orientation of an individual or group of individuals.
14. Abuse of the Student Conduct Process:
a. Failure to obey the notice from a hearing authority or university official to appear for a meeting as part of the student conduct process; failure to appear as a witness at an official student conduct hearing.
b. Falsification, distortion, or misrepresentation of information before an appropriate hearing authority, at a preliminary briefing, or other student conduct process meeting/hearing.
c. Disruption or interference with the orderly conduct of a hearing, preliminary briefing, or other student conduct meeting or hearing.
d. Falsifying a student conduct incident report.
e. Attempting to discourage an individual's participation in, or use of, the student conduct system.
f. Attempting to influence the impartiality of a member of a hearing board prior to, and/or during the course of the student conduct process.
g. Harassment and/or intimidation of any party, witness or hearing board member involved in a student conduct case with the intent of influencing outcomes or for the purposes of retaliation prior to, during and/or after a student conduct proceeding.
h. Failure to comply with the sanction(s) imposed as a result of a Student Code of Conduct violation.
i. Falsifying data, plagiarism, receiving unauthorized assistance, and/or the misrepresentation of service in attempt to fulfill the requirements of an assigned student conduct sanction; completing part or all of an assigned sanction for another student.
15. Persistent Infractions:
Persistent infractions of university policies and/or regulations including but not limited to repeated violations of the same conduct standard and/or university policy.
Conspiring with or knowingly aid or encourage another student in the commission of a Student Code of Conduct violation.
17. Responsibility for Actions of Guests:
Students are responsible for the behavior of their guests at all times and in all places. The student host is responsible to make guests aware of rules and regulations of the residence halls and the campus in general.
Willfully falsifying, omitting or forging university or Commonwealth forms, documents, applications, identification, parking permits, meal cards, and/or the attempt to misrepresent himself/herself as another person or university official.
19. Student Identification:
Students are required to obtain and possess their official Kutztown University Student Identification Card (ID). Students are required to: submit their ID card to university officials in the reasonable performance of their duties for the purposes of identification, promptly report the loss of their ID card to the One Card Office, and not transfer their ID card or passcodes to any other person for any purpose whatsoever.
20. Violation of Law:
Violation of any local, state or federal law. Criminal or civil decision is not a necessary prerequisite for a disciplinary decision nor is it necessary that criminal or civil charges be lodged against the student either before or after a university decision. Therefore, action taken in a civil or criminal court does not free the student of responsibility for the same conduct in a university proceeding. A student participating in the Accelerated Rehabilitative Disposition (ARD) program or any similar alternative diversionary program applied by the courts is still considered to be in violation of this standard and accountable for a conduct violation.
21. University Policies:
Violation of any other university policy, rule, or regulation published in hard copy or electronically available on the university website.
Article V: Supporting Policy and Policy Statements
Document of Student Rights & Welfare
Specific process procedures, protocols and definitions regarding due process, a range of disciplinary sanctions, interim suspensions, the appeal process, and overall judicial system including the composition and jurisdiction of hearing boards are outlined and defined in the Article IV of the Document on Student Rights & Welfare in the student handbook.
Parental Notification Statement
The Associate Dean of Students or his/her designee will inform parents or legal guardians of students under the age of 21 found responsible for violations of conduct standards on substance use and/or abuse following a second infraction and finding of responsibility. At the time of a first incident, students will be strongly advised to consult parents or guardians regarding their behavior and to seek advice on any criminal or disciplinary processes which may transpire as well as any intervention strategies related to use or abuse of substances.
Statement on Copyright Infringement Policies & Sanctions
Consistent with the University's acceptable use policies, the illegal distribution of copyright material including unauthorized peer-to-peer file sharing on University owned, operated or maintained networks may subject students to civil and criminal penalties under federal law. A link to the specific legal penalties as defined by law may be found at Kutztown University's Student Consumer Information portal at the following website: http://www.kutztown.edu/studentconsumer.
Students who violate university policy with respect to copyright infringement and illegal downloading will be held accountable through the university student conduct process. Minor first time offenses subject students to a disciplinary reprimand and required participation in an educational program about copyright infringement and illegal downloading. If an infraction occurs on the residence hall network a student will be required to bring their computer or computing device to the ResNet Office for inspection and cleaning prior to having their network access restored. Repeat offenders (second time) may have their network privileges temporarily or permanently revoked; prolific or chronic offenders may face removal from the residence halls, suspension from the institution and/or permanent loss of computer privileges. As noted above, a student may face criminal or civil action in addition to any administrative response from the university.
Availability of Rules & Regulations
This document includes rules and regulations which apply to all students as defined in Article I.2. Those which apply to small, specific groups of students (e.g. residence students, non-resident students) may be available in documents published for those specific populations.
Interpretation and Revision of Regulations.
Any question of interpretation or application of the Student Code of Conduct shall be referred to the Associate Vice Provost and Dean of Students or his/her designee for a final determination. The Student Code of Conduct will be reviewed on a periodic basis under the direction of the Associate Vice Provost and Dean of Students or his/her designee.
All prohibited items or personal items used to transport or store prohibited items are subject to confiscation by University officials. Prohibited items, particularly those of an illegal nature will not be returned and will be destroyed. Personal items used in the commission of a Student Code of Conduct violation or University policy become the property of Kutztown University. These items may be returned at the University's discretion.
Calculation of Time
Periods of probation, separation, or other restrictions are computed to exclude the first and include the last day of such periods of time.
a. The health and safety of members of the Kutztown University community is a primary concern.
b. Students need to seek immediate medical attention for themselves or others when someone's health and/or safety are at risk.
c. Students may be reluctant to seek assistance for themselves or others for fear of facing student conduct action from the Office of the Associate Dean of Students.
d. Kutztown University seeks to remove barriers that prevent students from seeking the medical attention they need.
The intent of this policy is to provide a general immunity from misconduct allegations for violations of the Kutztown University Student Code of Conduct if a student acts in an effort to seek assistance for themselves or another person. It does not and cannot grant immunity for criminal, civil, or legal consequences for violations of Federal, State, or Local law.
a. Students who seek emergency medical attention for themselves related to consumption/use of drugs or alcohol will not be charged with violations of the Kutztown University Student Code of Conduct related to that violation, if that student subsequently completes an alcohol and other drug assessment and any recommended treatment at University Counseling Services within a reasonable time frame to be determined by the Office of the Associate Dean of Students. Failure to complete this assessment/treatment may result in student conduct charges being filed.
b. Students who seek emergency medical attention for someone else will not be charged with violations of the Kutztown University Student Code of Conduct related to consumption of alcohol or drugs if that student subsequently completes an alcohol and other drug assessment and any recommended treatment at University Counseling Services within a reasonable time frame if determined necessary by the Office of the Associate Dean of Students.
c. Student organizations are required to seek immediate medical assistance for their members or guests when any potential health risk is observed, including medical emergencies related to the use of alcohol and/or drugs. A student organization that seeks immediate assistance from appropriate sources will not be charged with violations of the Kutztown University Student Code of Conduct related to providing alcohol, if that organization completes any educational programming required by the Office of Associate Dean of Students and the Office of Student Involvement. However, the organization can and will be held accountable for any other violations of the Student Code of Conduct related to the incident. Student organizations that fail to seek immediate medical assistance for members or guests in need of attention will likely be charged with violations of the Student Code of Conduct and face dissolution or suspension as the outcome of such charges.It is imperative that student organizations seek medical assistance for their members or guests in such an emergency situation.
d. This policy applies only to those students or student organizations that seek emergency medical assistance in connection with an alcohol or drug-related medical emergency and does not apply to individuals experiencing an alcohol or drug-related medical emergency who are found by University officials (i.e. Public Safety & Police Services, faculty, administrative staff, residence hall staff including student Community Assistants and Desk Assistants, etc.).
e. The Kutztown University Good Samaritan Policy is not intended to shield or protect those students or organizations that repeatedly violate the Student Code of Conduct. In cases where repeated violations of the Kutztown University Student Code of Conduct occur, the University reserves the right to take conduct action on a case-by-case basis regardless of the manner in which the incident was reported. Additionally, the University reserves the right to adjudicate any case in which the violations are egregious.
f. The Office of the Associate Dean of Students reserves the right to contact any student to discuss an incident whether or not the Kutztown University Good Samaritan Policy is in effect.
Act 175 of 1986 (Anti-Hazing Law) of the Commonwealth of Pennsylvania prohibits students and student organizations from hazing applicants for membership and from hazing persons who are already members to maintain their memberships in organizations.
An organization and its members are engaged in hazing if it engages in any activity, for purpose of initiation or continuing membership, which recklessly or intentionally endangers the physical or mental health of a student. This means any potentially dangerous forced physical activity, any activity which could cause a student to suffer extreme mental stress as well as any form of forced activity potentially harmful to the mental health or dignity of a student.
Hazing activities include, but are not limited to the following activities: whipping, beating, branding, forced calisthenics, exposure to the elements; forced consumption of food, liquor, drugs (legal or illegal) or any other substance; sleep deprivation, forced exclusion from social contact; conduct which could result in extreme embarrassment; nudity, coerced sexual activity, confinement, physical restraints, mental harassment or any prohibitive behavior as defined in the Kutztown University Anti-Hazing Compliance Agreement.
An organization and its student members are also engaged in hazing if pledge, initiation, or continuing membership activities cause the willful destruction or removal of public or private property.
Act 175 provides that no student can consent to being hazed. Any activity falling within the definition of hazing activities is considered to be a forced activity, subjecting the organization and its members to the full range of penalties.
Any organization found to have engaged in hazing may have its official recognition revoked. Any student who participates in hazing may be fined, suspended, or disciplined. Hazing is also a criminal penalty. Any student who participates in hazing may be arrested and prosecuted. Conviction may result in jail term of one year in addition to any other applicable penalty under the Pennsylvania Crimes Code.
This policy prohibits the hazing of applicants for membership in student organizations; persons who are already members of organizations; or any other student for any other purpose.
While the above policy is the official hazing policy of Kutztown University, any action taken or situation created, intentionally, whether on or off campus, to produce mental or physical discomfort, embarrassment, harassment, or ridicule is considered hazing. The listing below is an in-depth look at what activities are considered hazing. These activities include, but are not limited to:
- Psychological hazing, which is defined as any act which is likely to: (a) compromise the dignity of another; (b) cause embarrassment or shame to another; (c) cause another to be the object of malicious amusement or ridicule; (d) or cause psychological harm or substantial emotional strain.
- Holding new members to different standards than the membership of the organization, i.e. requiring new members to do study hours if that is not the requirement of all members. All standards of initiated members should apply to new members as well.
- Humiliation in front of non-members by reference to "pledgeship."
- Line-ups of new members/recruits, or grilling individuals or groups with questions of any kind.
- Deception prior to the end of an initiation process to convince a new member that he or she will not complete initiation/training.
- (Non)Members told to do anything exclusively for the entertainment of the organization members.
- Forcing, coercing, or permitting students to disrupt scheduled classes, public forums, or other facets of the University's academic programs such as creating activities that are so time consuming that students cannot go to class, do homework, sleep, etc.
- Any form of obtaining signatures of members or alumni (i.e. lists, on paddles, on balloons, etc...) or obtaining handshakes/greetings/phone calls.
- All forms of physical activity not a part of an organized athletic contest and not specifically directed toward constructive work (push-ups, sit-ups, morning walks, calisthenics, etc.). No one truly knows the physical limitations of individuals and the safety of our students must always come first.
- The application of foreign substances to the body, such as throwing food, spraying water of any temperature, etc.
- Scavenger hunts of any kind.
- Activities which result in illegal activity, new member ditches, kidnaps, unity walks, blindfolding, etc.
- Forcing, coercing, or permitting students to be deprived of sufficient sleep. (Eight consecutive hours per day is the required standard.)
- Any paddling, swatting, or individual or collective spanking.
- Personal errands run by new members for returning organization members.
- Assigning pranks such as stealing, painting objects, or harassing another team/organization.
- Depriving students access to their residence hall rooms such as taking their keys, making them spend the night in another's rooms or at a house, etc.
- Not providing decent and edible food (i.e. no unusual combinations or preparation, colored foods, raw food, strange combination shakes, etc.).
- Depriving student access to means of maintaining a normal schedule of bodily cleanliness (including a minimum of one shower per day).
- Forcing, coercing or permitting students to eat or drink foreign or unusual substances such as raw meat, salt water, onion, hot peppers, baby food, etc.
- Forced nudity and/or forcing, allowing or suggesting that students dress in a conspicuous, embarrassing, and/or degrading manner.
- Forcing, coercing, allowing, suggesting, or permitting students to drink excessive amounts of alcohol.
- Branding/Tattooing any part of the body, whether voluntary or involuntary.
- Forcing, coercing or permitting students to disrupt the operation of the University dining commons.
- Any form of punishment/and or demerit system is prohibited.
- Any activity or ritual that involves the abuse or mistreatment of an animal.
Sexual harassment is a form of sex discrimination prohibited by Title IX of the Education Amendments of 1972. Title IX prohibits student-on-student sexual offenses and requires a prompt and equitable resolution of complaints.
Sexual harassment of students, which includes acts of sexual violence (including, but not limited to, rape, sexual assault, sexual harassment and sexual exploitation) is a form of sex discrimination prohibited by Title IX and includes physical sexual acts: against a person's will, where a person is incapable of giving consent as a result of his/her use of drugs or alcohol, or where an individual is unable to give consent due to an intellectual or other disability.
Allegations of sexual harassment, other than incidents of student-on-student sexual offenses addressed in this policy, will be investigated pursuant to the process outlined in "The University Procedure" section of the Kutztown University Sexual Harassment Policy and Procedures (KU Policy DIV-007).
1. Non-Consensual Sexual Intercourse:
No person shall commit, or attempt to commit, a rape. Rape (date, acquaintance, and stranger) includes all acts of non-consensual sexual intercourse involving any penetration of a bodily cavity with a foreign object, tongue, digit, or genitalia. A rape occurs when imposed under any of the following circumstances:
a. When the complainant is incapable of giving legal consent for mental, developmental, or physical reasons and this fact is known or reasonably should have been known by the person committing the act;
b. When the act is committed without the person's explicit consent or is against the person's wishes. Rape incorporates any or all of the following: the use of force, threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm;
c. When the complainant is prevented from consenting or resisting because of incapacitation, intoxication or unconsciousness at the time of the act.
2. Non-Consensual Sexual Conduct:
a. Sexual Assault: No person shall engage in, or attempt to engage in, a sexual assault. Sexual assault is the imposition of non-consensual sexual conduct (excluding rape). It includes, but is not limited to caressing, fondling, or touching a person's genitalia, buttocks, or breasts. It shall also be considered sexual assault when the victim is compelled to caress, fondle, or touch the assailant's genitalia, buttocks, or breasts.
b. Sexual Contact: Any non consensual, intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
3. Sexual Harassment:
Any prohibited behavior defined under the Kutztown University Sexual Harassment Policy (KU DIV-007).
4. Sexual Exploitation:
Taking non-consensual sexual advantage of another: Sexual exploitation includes, but is not limited to, prostituting another student, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over another person, the non-consensual recording, photographing, or transmitting of identifiable images of private sexual activity and/or intimate body parts (including genitalia, groin, breasts or buttocks), knowingly allowing another person to surreptitiously watch otherwise consensual sexual activity, engaging in non-consensual voyeurism, knowingly transmitting or exposing another student to sexually transmitted infection or diseases without the knowledge of the student, exposing one's genitals in non-consensual circumstances or inducing another to expose their genitals, and sexually based stalking and/or bullying.
Other related behaviors, such as harassment, physical abuse, threats, intimidation, stalking or bullying that fall under the Harm to Others standard or other standards of Student Code of Conduct may be applied in addition to any of the above sexual misconduct offenses.
Consent to Sexual Activity
Consent to sexual activity, known as effective consent, is words or actions indicating permission to engage in mutually agreed upon sexual activity. Effective consent must be informed, voluntary and represented clearly by actions or words. Effective consent to sexual activity may not: be gained by force, the threat of force, coercion or intimidation; be gained when a person is incapacitated as a result of physical (i.e. substance use) or developmental conditions and that fact is known or should reasonably be known by another; or as otherwise defined under the definition of Non Consensual Sexual Intercourse.Consent to sexual activity may be withdrawn at any time.
Consent to one form of sexual activity does not equate consent to another form of sexual activity.
Student's Rights in Sexual Offense Cases
The following rights of a complainant will be afforded in all University student conduct procedures:
- Report the rape or sexual offense to the Kutztown University Department of Public Safety and Police Services, the Dean of Students Office, and/or local police for adjudication in both or either jurisdiction;
- Receive consideration for amnesty for conduct violations (i.e. alcohol policy) related to the same incident in question;
- Provide input on whether or not to move forward with Student Code of Conduct charges and/or participate in a hearing;
- Have every effort made to respect a student's privacy;
- Contact supportive agencies such as a rape crisis center;
- Be free from intimidation or harassment by the alleged respondent or others;
- Request a change of living arrangements and/or academic schedules or those of the alleged respondent;
- Select an advocate of choice who may be a member of the University community or a private attorney to accompany him/her through all University student conduct processes;
- Protection against discussion of non-relevant, past sexual history during the hearing;
- Have the option to remain physically present during the entire student conduct hearing and participate fully in the hearing, including the opportunity to present evidence and witnesses;
- Have the option to provide testimony from a remote on-campus location;
- Be informed, in writing, of the outcome of the hearing, the potential for appeal by either party, and the final disposition of appeal, if applicable;
- Have the case decided by the preponderance of evidence (i.e. it is more likely than not the sexual offense occurred);
- Make up any academic work missed while participating in student conduct or criminal proceedings related to the incident in question.
Consistent with rights of students charged with student misconduct as defined and enumerated in Article 4 of the Document on Student Rights & Welfare, the respondent is also entitled to select an advocate of choice who may be a member of the University community or a private attorney to accompany him/her through all University student conduct processes, participate fully in the hearing, present evidence and witnesses during the hearing, and be informed of the outcome of the hearing, the potential for appeal by either party, and the final disposition of appeal, if applicable
In some cases, the University may elect to pursue charges of sexual misconduct against a student if independent evidence, including but not limited to criminal prosecution or eyewitness testimony, is available and sufficiently substantial enough to pursue charges without the complainant's participation as a witness. Further, the University may also need to move the student conduct process forward despite the complainant's wishes in order to abate any hostile environmental conditions.
Privacy of the Student Conduct Process
In the interest of maintaining and respecting the privacy of participants in cases of sexual misconduct, only parties to the complaint (i.e. complainant, respondent, witnesses, etc.) and third parties expressly permitted by University policy (i.e. advocates) will participate in the student conduct process/investigation. Details of the complaint, as well as the names of the individuals connected to the student conduct process/investigation, will be disclosed as permitted by law or University policy.
Kutztown University neither encourages nor discourages the further disclosure of the notice of the final outcome of the student conduct process/investigation by either the complainant or the respondent in cases of sexual violence and/or sexual misconduct.
Reporting Incidents & Student's Services
Any person or student is encouraged to report rapes and sexual offenses to the Department of Public Safety and Police Services immediately either by the individual or through a University staff member.
The complainant will be informed of the medical and counseling services available both on and off campus by Public Safety and Police Services. The complainant may have another person accompany him/her through the process. The Dean of Students Office will advise both parties on the student conduct process including the rights of both parties. The Office of Social Equity will respond to questions about, or allegations of, sexual harassment by persons who are in authority over a student such as a faculty member, staff, or employer.
Kutztown University Department of Public Safety and Police Services employees should notify complainants of their right to file an administrative Title IX sex discrimination complaint with the University in addition to, and independent of, the criminal complaint. The University's student conduct and Title IX investigation is different from any law enforcement investigation, and a law enforcement investigation does not relieve the University of its independent Title IX obligation to investigate a complaint.
Absent unusual circumstances, within sixty (60) days of a complaint of a sexual offense being filed, the Dean of Students Office, in the case of allegations of student-on-student sexual offenses, or the Office of Social Equity, in the case of allegations of non-student-on-student sexual offenses, will attempt to conclude the student conduct process/investigation and will notify the parties that there has been an outcome to the complaint.
Title IX Coordinator
Pursuant to Title IX requirements, the University's Title IX Coordinator is Mr. Jesus A. Peña, Esq., Associate Vice President Equity and Compliance, and the Deputy Title IX Coordinator is Ms. Jacqueline Collette, Esq., Equity Coordinator. The role of the Title IX Coordinator is to oversee investigations involving sexual offenses against students and to ensure University-wide compliance with Title IX. The offices of the Title IX Coordinator and Deputy Title IX Coordinator are located in the Office of Social Equity, Old Main A Wing, and either may be reached by telephone at (610) 683-4700 or by e-mail at firstname.lastname@example.org.
The University's Title IX Coordinator shall be kept informed of the proceedings and serve as a resource during the student conduct process. The Dean of Students Office shall provide the University's Title IX Coordinator information containing, but not limited to, the disposition of the student conduct process, hearing, sanction(s), and/or decision(s) on appeal, if any.
It is a violation of the Student Code of Conduct and University policy to retaliate against any person making a complaint of sexual misconduct or against any person cooperating in the investigation, including witnesses, of any allegation of sexual misconduct. Retaliation is defined as any adverse action that causes a tangible academic or employment detriment to an individual for engaging in a protected activity. Retaliation may include but is not limited to intimidation, threats, harassment, and other adverse action threatened or taken against any such complainant or third party. Retaliation should be reported immediately to the Title IX Coordinator and/or the Dean of Students Office.
The University will take appropriate steps to protect the complainant and any witnesses from retaliation by the respondent. The respondent will be informed he/she is not to retaliate against the complainant in any way, nor against any other person connected to the complaint, as that action may result in a separate disciplinary action. Further, the respondent will be informed he/she is not to communicate directly with the complainant regarding the sexual offense claim as this may be perceived as an attempt to discourage the complainant from pursuing the complaint.
Student Conduct Process for Sexual Offenses
The process for filing charges against a student by a University community member as well as the process and rights of students responding to an allegation of student misconduct, including sexual offenses, is defined in the Document on Student Rights and Welfare (DSRW) as published in the student handbook, The Key. The DSRW defines in detail the procedural due process guarantees and rights of accused students, the student conduct hearing process and the appeal process available to both parties. Additional rights of students in cases of sexual offenses are enumerated above and are designed to ensure both parties have access to the same rights in a sexual offenses case including the right to an advocate, right to appeal and the right to be present and fully participate in a student conduct hearing.
There shall be no attempt at mediation, as mediation will not be an option to resolve complaints alleging a sexual offense.
Sanction Guidelines for Sexual Offenses
The determination of a sanction for a sexual offense should be proportionate to the severity of the violation in question. Consistent with the Document on Student Rights & Welfare (Article IV.G.11), consideration of a student's previous disciplinary history may also be considered a factor in sanctioning, if such a record exists. Non-consensual sexual intercourse is considered an egregious violation; therefore, suspension or dismissal of a student found responsible for such a violation is an option in all sanctioning determinations or recommendations by authorized hearing authorities and University officials. Given the wide range of violations under non-consensual sexual conduct, broader sanction parameters will be considered including but not limited to, disciplinary probation, deferred suspension, suspension or dismissal. All sanctions for student conduct cases, including sexual offenses, are incident and student specific and not considered proscriptive.
Kutztown University is committed to the personal and intellectual growth of its students. The principal context in which this growth occurs is the University's courses, and the educational process depends upon an open and honest atmosphere of positive cooperation between faculty and students. In order to maintain this atmosphere, professors must evaluate the academic performance of students fairly and students must demonstrate their mastery of subject matter honorably. Any acts of academic dishonesty by students, such as plagiarism on written papers or cheating on exams, threaten to undermine the educational and ethical goals of the University for its students. Such violations are of the utmost seriousness. The goal of the following policy and procedures is to promote a climate of academic honesty for all individuals at the University.
Responsibilities of the University
It is the responsibility of University officials to acquaint students with this policy. The Academic Honesty Policy will be printed in the Key, the student handbook, and an explanation of the policy and procedures will be included during freshman orientation. University officials will take advantage of other opportunities to publicize the University's commitment to academic honesty.
Responsibilities of Faculty Members & Administrators
It is the responsibility of faculty members who become aware of acts of academic dishonesty to investigate, gather evidence, bring charges, and participate in the resolution of cases that they initiate, and administer appropriate sanctions according to the policy and procedures set forth below. As a preventive measure against such acts, instructors are strongly encouraged to inform students at the beginning of each course that they intend to uphold this policy.
In addition, whenever there is a potential for ambiguity as to how the policy applies to specific course activities and assignments, instructors should explain clearly to students what procedures, activities, and resources are allowed. Administrators who become aware of breaches of the Academic Honesty Policy may participate, as co-accusers with the instructor, in bringing charges of academic dishonesty.
Responsibilities of Students
It is the responsibility of students to be aware of this policy and abide by it at all times. Ignorance of this policy will not be an acceptable defense if charges are lodged. Students accused of academic dishonesty who fail to meet the time deadlines contained in the procedures set forth below will forfeit their rights to a formal hearing and to appeal a sanction. Students are encouraged to bring cases of academic dishonesty that they observe or know about to the attention of their instructors or to officials of the University. They should be willing to testify at subsequent formal hearings about such matters. Students have the right to participate, as co-accusers with the instructor, in bringing charges of academic dishonesty against other students.
Definitions of Academic Dishonesty
Academic dishonesty involves any attempt to obtain academic credit or influence the grading process by means unauthorized by the course instructor. Academic dishonesty includes, but is not limited to, the following situations and examples:
- Providing or receiving unauthorized assistance in course work and lab work, or unauthorized assistance during examinations or quizzes.
- Using unauthorized notes, materials, and devices during examinations or quizzes.
- Plagiarizing the work of others and presenting it as one's own without properly acknowledging the source or sources. At its worst extreme, plagiarism is exact copying, but it is also the inclusion of a paraphrased version of the opinions and work of others without giving credit. It is not limited to written materials. It includes the wrongful appropriation in whole or in part of someone else's literary, artistic, musical, mechanical, or computer-based work.
- Presenting material to fulfill course requirements that was researched or prepared by others (such as commercial services) without the knowledge of the instructor.
- Falsifying or inventing data to be presented as part of an academic endeavor.
- Gaining unauthorized access to another person's or the University's computer system. Violations include tampering with or copying programs or data or access codes associated with coursework.
- Possessing or arranging for someone else to possess course examination or quiz materials at any time without the consent of the instructor.
- Altering or adding answers on exercises, exams, or quizzes after the work has been graded.
- Making fraudulent statements, excuses, or claims to gain academic credit or influence testing or grading.
- Taking examinations or quizzes for someone else or arranging to have someone take examinations or quizzes in place of the person registered for the course.
One or more of the following sanctions may be imposed upon a student who commits a single act or multiple acts of academic dishonesty. The determination of the sanctions to be imposed depends on the severity of the offense or offenses. In the event that a student agrees to accept the charges made by the course instructor using the informal process or loses an appeal through the formal resolution process, the course instructor will administer either the first or second sanction below. In the event that the current offense represents a second or multiple offenses or the current single offense is of such severity, the Student-Faculty Review Board, Document on Student Rights and Welfare, may recommend (after a formal hearing) suspension or dismissal from the University. A student suspended or dismissed from the University for academic dishonesty may receive a grade of "F" for the course in which the act of academic dishonesty occurred. For all other courses in progress at the time of the incident leading to suspension or dismissal, appropriate withdrawal policies will apply. No grade where a penalty for academic dishonesty has been assessed can be appealed under the University's Grade Appeal Policy. The impact of other unrelated contributing factors to a final course grade may be considered for appeal if sanction outlined under #1 listed below is applied.
- The student may be given a grade-reduction penalty within the course in which the act occurred and/ or be required to fulfill additional academic requirements within the course at the discretion of the instructor. The grade reduction may encompass one portion of a course (such as a particular assignment or exam) or apply to the entire course (such as dropping the student one letter grade).
- The student may be given a failing grade of "F" for the course. Instructors have the right to assign such a grade for any instance of academic dishonesty, and the student may not withdraw from the course in order to avoid this penalty.
- The student may be temporarily suspended from enrollment at the University.
- The student may be permanently dismissed from enrollment at the University.
No sanction for academic dishonesty may be imposed upon a student without following the procedures established in this policy. Students accused of academic dishonesty in the context of a course in progress who intend to request a formal hearing in order to contest the allegations may continue to attend the class in question until the case is resolved. If the course in question ends before the case is resolved, the instructor shall submit a grade of "NGR" (no grade), that will be replaced with the appropriate grade upon resolution of the case.
The term "university calendar days" as used in this policy refers to days when classes are officially scheduled at the University during the Fall and Spring semesters and during the Summer and Winter sessions. Thus, final exam days, holidays, recesses, and breaks are excluded. The term "week" refers to any period of time spanning five class days. Formal hearings are only held during the fall and spring semesters. If a case is not resolved by the end of the course in which the alleged violation occurred, then the matter is continued to the following Fall or Spring semester.
If a violation is discovered after the instructor of the course is no longer employed by the University or if the time deadlines for a case extend beyond the period of employment of the instructor, then the Chair of the Department in question or his or her designee may substitute for the instructor in the procedures associated with this policy.
The Informal Resolution Process
The informal resolution process applies to situations when the instructor believes that an alleged act of academic dishonesty can be resolved within the course by enforcing either the first or second sanction, that is, where the maximum penalty sought by the instructor is no greater than failure in the course with a grade of "F." Instructors are urged to confer with or at least inform the Chair of the Department in question about any charges of academic dishonesty.
- Arranging the initial meeting between the instructor and the student. Within two (2) weeks of when the instructor first becomes aware of an alleged instance of academic dishonesty in his or her course, the instructor shall inform the student that he or she must meet with the instructor to discuss the allegation.
- The initial meeting and filling out the Academic Dishonesty Report Form. The meeting between the instructor and the student shall occur within one (1) week after the instructor calls for it provided that the student is first given a minimum notice of two (2) University calendar days of such meeting. This provision may be waived if a clear and present danger exists. Before or during the meeting, the instructor shall fill out the appropriate sections of the Academic Dishonesty Report Form (including the proposed sanction) and give it to the student during the meeting. The instructor should retain a copy of the filled-out form. While the instructor and the student may wish to discuss the case and its resolution at this meeting, no lengthy discussion is required. Even if the case eventually results in a formal hearing, the instructor shall not impose a sanction any stronger than the proposed sanction on this form. If the student does not appear for the scheduled meeting, the instructor dates and files the filled-out form with the Dean of Students, noting that the student failed to show up for the meeting. If the meeting is not rescheduled by the student within three (3) University calendar days of the original specified meeting day, then the student forfeits his or her right to a formal hearing or appeal, the process is over, and the instructor is permitted to enforce the proposed sanction.
- The student's completion and signing of the Academic Dishonesty Report Form. The student must sign, date, and return the Academic Dishonesty Report Form to the instructor within three (3) University calendar days of the initial meeting. Failure to do so means that the student forfeits his or her right to a formal hearing or appeal, the process is over, and the instructor is permitted to enforce the proposed sanction. There are two (2) options for the student when signing. By signing under Option #1, the student admits the violation and waives his or her right to a formal hearing or appeal on the matter. In that event, the process is over, and the instructor is permitted to enforce the proposed sanction. By signing under Option #2, the student indicates that he or she has been informed of the accusations and intended sanction, but has not admitted to committing a violation. Signing under Option #2 reserves the student's right to request a formal hearing by hand delivering a letter to the Dean of Students within one (1) week of the student's date on the Academic Dishonesty Report Form. Failure to do so means that the student forfeits his or her right to a formal hearing or appeal, the process is over, and the instructor is permitted to enforce the proposed sanction.
- Reports and record keeping. When the instructor receives the signed Academic Dishonesty Report Form from the student, he or she shall make three copies: one for him or herself, one for the student, and one for the Dean of the College in which the course is being taught. The original form, along with any relevant documentation, shall be hand-delivered to the Dean of Students within one (1) week of receiving the form from the student. If the student does not return the form within the three (3) University calendar day limit, then the instructor will note the failure to meet that deadline on the copy of the Academic Dishonesty Report Form that he or she retained from the initial meeting. The instructor then resigns and dates that notation on the form. The instructor then makes three (3) copies: one for him or herself, one for the student, and one for the Dean of the College in which the course is being taught. The original copy of the form, along with any relevant documentation, shall be hand-delivered to the Dean of Students within one (1) week of the date when the student returns the form to the instructor. As stated above, the process is over and the instructor is permitted to enforce the proposed sanction. The original copies of these Academic Dishonesty Report Forms where students admitted to a violation by signing under Option #1, failed to meet with the instructor, or failed to meet the three-day deadline to return the signed form to the instructor shall be kept by the Dean of Students. These records are to be kept by the Dean as evidence to be used in the event of future academic dishonesty violations by the same student. These records also may be used to tabulate anonymous statistical information. If the student in question is eventually suspended or dismissed from the University, these records shall be kept permanently. Otherwise, these records and all copies shall be destroyed two (2) years after the student's separation from the University.
The Formal Resolution Process
1. Initiation of the Formal Resolution Process.
The Formal Resolution Process may be initiated by instructors, accused students, or the Dean of Students.
a. An instructor must initiate the Formal Resolution Process, when he or she in consultation with his or her Department Chair seeks a sanction greater than failure in the course with the grade of "F," the student involved was not enrolled in the course, or the student was previously enrolled or in complicity with a student enrolled in the course. In such cases, the instructor shall initiate the charges by hand-delivering a completed and signed Incident Report Form along with supporting evidence to the Dean of Students within two weeks of becoming aware of the violation.
b. An accused student, who signed the Academic Dishonesty Report Form under option #2, may initiate the Formal Resolution Process when he or she wished to dispute the accusation(s) described by the instructor on the form. In order to do this, the student must hand-deliver a written request for a formal hearing to the Dean of Students within one (1) week of the date given next to his or her name on the Academic Dishonesty Report Form. The request must explain the nature of the student's disagreement with the charges. Copies of the student's request shall be sent to the instructor and the Dean of the College by the Dean of Students as soon as the request for a formal hearing is received.
c. The Dean of Students shall initiate the Formal Resolution Process if a student's most recent violation of the Academic Dishonesty Policy is for a repeated offense, or for an offenses similar to a prior offense, that was settled by the Informal Resolution Process. In such cases, the Dean shall bring a charge of Persistent Infractions of University Regulations by completing an Incident Report Form.
2. Preliminary briefing of the principals by the Dean of Students.
The principal participants, or principals for short, in a case are defined to be students accused of academic dishonesty and those who have accused them either by signing an Academic Dishonesty Report Form or by signing an Incident Report Form where such violations are described. When the Formal Resolution Process is required, the Dean of Students will send the accused student a formal letter by certified mail informing him or her of the accusations. Copies of the letter will also be sent to the instructor in question and the appropriate Dean. If the student has requested a formal hearing, copies of the request will also be sent to the instructor and the College Dean. The letter will invite the student to meet with the Dean of Students for a preliminary briefing on the case. An accused student has one (1) week to schedule a time for such a briefing that will explain the judicial process at the University and the student's rights. During this same period of time, the Dean of Students shall also invite the instructor and any other accusers to a meeting to explain the judicial process and the instructor's rights and those of any other accusers. A formal hearing of the Student-Faculty Review Board will be scheduled within three (3) weeks of the date of the certified letter to the student. The Dean of Students shall make every effort to schedule the formal hearing at a time when all principals interested in attending can be there. Those who attend will be able to speak at appropriate times during the hearing.
3. Formal Hearing by the Student-Faculty Review Board
The Student-Faculty Review Board shall adjudicate cases of academic dishonesty that have not been resolved by the Informal Resolution Process. The formal hearing will be conducted according to the Student-Faculty Review Board's usual procedures as published in The Key. The Student-Faculty Review Board shall hear any testimony and/or review evidence relevant to the allegations. After doing so, the Student-Faculty Review Board shall make a finding as to whether or not the student violated this policy by committing an act of academic dishonesty. All principal parties are entitled to appear at the hearing with an advisor, who may be an attorney.
The Student-Faculty Review Board shall make a finding based on a preponderance of the credible evidence presented. In the event that it comes down to the word of the student against the word of the instructor, then the Review Board shall decide who is more credible. Within one (1) week of the formal hearing, the Student- Faculty Review Board shall render its decision in a written report, including recommended sanctions in the event of finding the accused responsible for a violation, that shall be sent by certified mail to the accused student, the accuser(s), the Dean of the College, and the Dean of Students.
Any principal participant in a case may appeal the findings of the Student-Faculty Review Board to the President or his/ her designee. The appeal must be in writing and must describe in detail the grounds for the appeal and what alternate decision is desired instead. These grounds must be consistent with those stated in the Document on Student Rights and Welfare, 4.9.3, Basis for Appeal. This appeal must be made within two (2) University calendar days following receipt of the ruling made by the Student-Faculty Review Board. If not, the ruling of the Student-Faculty Review Board shall be enforced. The President or his/her designee shall deny or uphold the appeal and shall have the power to modify the recommended sanction of temporary suspension or permanent dismissal accordingly.
5. When the student is found not responsible
Assuming the student is found not responsible for a violation, then the student has the right to complete the course in question without penalty due to this unproved accusation. The student's grade in the course should be based upon the student's academic performance during the course and be consistent with grading procedures used for other students in the same course as if no accusation of academic dishonesty had ever been made. A student who is found not responsible for violating the Academic Honesty Policy, but who nevertheless feels that he or she has been penalized for it, can appeal the grade separately under the University's Grade Appeal Policy (if he or she received an "F" in the course).
6. When the student is found responsible
If the student is found to be responsible for a violation of the Academic Honesty Policy, then the instructor of the course is permitted to assess the first or second sanctions listed in this policy, provided the sanction does not exceed the proposed sanction on the Academic Dishonesty Report Form that the instructor may have filled out to begin the Informal Resolution Process. When a student is found to be responsible (either by the Student-Faculty Review Board or during the appeal process), the Dean of Students shall check the student's records for earlier violations of the policy (and this policy only). If such violations exist, then the Student-Faculty Review Board or the University President (or designee), depending on who made the finding for responsibility, may examine the records of the previous violation(s) and take them into account when considering the sanctions of temporary suspension and permanent dismissal from the University.
7. Filing of reports and record keeping
As with the records of academic dishonesty in cases that are resolved by the Informal Resolution Process, the records of students found responsible for a violation through the Formal Resolution Process should be kept by the Dean of Students for future reference as described in Part 4 of the Informal Resolution Process above.