Student Code of Conduct

Student Code of Conduct

Statement of Philosophy

The University of Scranton is a community dedicated to the freedom of inquiry and personal development fundamental to the growth in wisdom and integrity of all who share its life. Our mission is to educate men and women in the Catholic and Jesuit tradition which encompasses the search for truth, the discovery and sharing of knowledge, the promotion of personal and professional excellence, and service to others and the community through a spirit of caring. At the University, we educate and form the whole person, spiritually, physically, and emotionally in the spirit of cura personalis. This education of the whole person is characterized by openness, honesty, respect, fairness, and responsibility.

As a community of scholars seeking to sustain a culture of excellence, the University requires students to conduct themselves in ways that allow for the personal growth and development of all students.  The University strives to maintain an atmosphere that is most conducive to the education and formation of students. Members of the University community and their guests are held to high behavioral standards due to the nature of the University’s enterprise – education and formation of students.

Students who engage in behavior that is not aligned with the University’s standards as set forth in the Student Code of Conduct are subject to University disciplinary action. The student discipline process is first and foremost an educational process that is designed to foster learning and development particularly as it relates to decision making. Accordingly, while parents and guardians are partners in the education of their students, the Office of Student Conduct generally communicates directly with students, during the adjudication process, to challenge their growth intellectually, morally, and spiritually as a critical component in their Jesuit education.
 

Standards of Conduct

For the benefit of individual students and the entire University community, students, their guests, and student organizations are prohibited from engaging in the following conduct:

1. Academic cheating, plagiarism and other violations of the University Academic Code of Honesty. (Such misconduct is reviewed using the procedures listed in the Academic Code of Honesty.);
2. Sexual harassment and sexual misconduct including, but not limited to, sexual assault, sexual exploitation, dating violence, domestic violence, stalking, and other forms of sexual harassment as set forth in the University’s Sexual Harassment and Sexual Misconduct Policy. (Such misconduct is reviewed using the procedures listed in the Sexual Harassment and Sexual Misconduct Policy);
3. Physical violence or threats of physical violence, including, but not limited to, assaulting, striking, shoving, slapping, kicking, fighting (regardless of who started the fight) or in any way threatening or causing physical harm to another (See Anti-Violence Policy);
4. Harassment by any means of communication verbal and/or non-verbal including, but not limited to, in person and via text message, e-mail or any form of social media (e.g., any actions, threats, gestures, and/or words directed toward another person that incite a breach of the peace, create a hostile environment, or cause emotional distress because of the humiliating, degrading, intimidating, insulting, and/or alarming nature of the conduct. It may involve a pattern of conduct.) (See Anti-Violence Policy);
5. On-campus or illegal possession of weapons (or replicas), implements used as weapons, or other dangerous items including, but not limited to, firearms, ammunition, explosives, fireworks, martial arts paraphernalia, knives (except for kitchen knives possessed and used in their intended manner), pistols, rifles, shotguns, handguns, air guns, pellet or BB guns, paint guns, stun guns, potato guns, slingshots, balloon launchers, or dangerous chemicals (See Firearms & Weapons Policy);
6. Attempted or actual theft, mutilation, destruction, defacement and/or damage to property;
7. Violation of the University’s Alcohol Policy including, but not limited to, underage possession or consumption of alcohol; alcohol impairment; social hosting; or furnishing alcohol to persons under the age of twenty-one;
8. Violation of the University’s Drug Policy including, but not limited to, possession or use of illegal drugs, controlled substances, or other mind altering substances; possession of paraphernalia; manufacture, transfer, sale, distribution or intent to distribute any amount of illegal drugs, controlled substances, or other mind altering substances; or misuse of over-the-counter or prescription drugs;
9. Violation of the University’s Hazing Prohibition Policy;
10. Acts of dishonesty, including but not limited to the following: furnishing false or misleading information to a University official or law enforcement officer; forgery, alteration, or misuse of a document, record or form of identification; tampering with the election of officers of any University student organization; or possessing false identification;
11. Failure to comply with the directives of University employees, conduct bodies/officers, or law enforcement officials who are acting in performance of their duties and/or failure to identify oneself to or report to these persons when requested to do so;
12. Participation as an individual or a member of a group in behavior that disrupts or obstructs the normal operations of the University (e.g. teaching, research, housing, administration, public service functions) and/or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus or at sponsored or supervised functions of the University; taking over buildings;
13. Conduct that is disorderly, lewd, or indecent; reckless behavior that places oneself or others at risk; breach of the peace; or aiding, abetting or procuring another person to breach the peace;
14. Unauthorized possession, duplication, or use of keys to any premises of the University; unauthorized entry to or use of a premises;
15. Dispersing litter in any form onto the grounds or facilities of the campus;
16. Reckless use of a vehicle;
17. Falsely reporting the presence of an unlawful explosive or incendiary device in a way that misleads, deceives, or disrupts the operation of the University or a scheduled event sponsored by the University;
18. Failure to evacuate University facilities when ordered to do so, disregarding any emergency or fire alarm signal, inappropriate use of emergency exit doors;
19. Any act of arson, falsely reporting a fire or other emergency, falsely setting off a fire alarm, tampering with or removing from their proper location fire extinguishers, hoses, or any other fire emergency equipment except when done with real need for such equipment;
20. Illegal gambling including, but not limited to, contests of chance, illegal lottery, bookmaking, and selling pools on athletic events, promoting or advancing gambling; gambling using University computing/network facilities; possession of gambling devices or gambling records;
21. Unauthorized use or misuse of the University’s computing facilities including, but not limited to, logging on an account without the knowledge and permission of the owner; changing, deleting or adding to the programs, files and/or data without authorization of the owner; theft of program data or machine resources; attempts to thwart security of the computer system; attempts to disrupt the normal operations of the computer system, including hardware and software;
22. Conduct against the student discipline process, including, but not limited to, misrepresentation of information before a conduct officer/body; disruption of or interference with a conduct hearing; initiation of a conduct proceeding knowingly without cause; discouraging another person’s participation in, or use of, the conduct process; attempting to influence the impartiality of a conduct body; harassment and/or intimidation of a conduct body; influencing or attempting to influence another person to commit an abuse of the conduct system; willful non-participation in the conduct process or a related investigation; impeding an official University investigation; retaliation against a person due to his/her good faith submission of a complaint and/or participation in an investigation;
23. Failure to act when present to another person’s violation of the Student Code of Conduct by failing to intervene, notify University staff or law enforcement, and/or remove oneself from reasonable proximity of the violation as appropriate;
24. Violation of written policies and regulations as stipulated in the Student Handbook (i.e., Off-Campus Behavior Policy, Parking Policy, Acceptable Use of Information Technology Policy) or as promulgated and announced by authorized University employees;
25. Violation of Residence Life and Housing Regulations (i.e., Prohibited Items, Noise, Guest & Visitation Policy) as stipulated in the Housing Contract, the Student Handbook, or as promulgated and announced by authorized University employees; and,
26. Violations of federal, state or local laws regardless of where they occur.

Related policies that are referenced in the Standards of Conduct can be viewed in full in the Student Handbook at http://www.scranton.edu/studenthandbook

ADJUDICATING CASES OF STUDENT MISCONDUCT

ARTICLE I. DEFINITIONS

Appellate Board - A board of three voting members selected from the faculty, staff and students members of the University Review Board (URB) and one non-voting chairperson appointed by the Associate Vice President for Student Life (or designee). The three voting members will include two faculty or staff members, and one student who did not serve on the URB that originally reviewed the case at issue.

Complainant - The University or the individual alleging misconduct on the part of a student or student organization as determined by the Director of Student Conduct.

Conduct Body - A person or persons authorized by the Associate Vice President for Student Life to determine, at the formal hearing level, whether a student is responsible for one or more violations of Student Code of Conduct and, if there is a finding of responsibility, what sanctions apply. 
Conduct Officer - A University official authorized by the Associate Vice President for Student Life to hear information, present information and/or impose sanctions upon students who are found responsible for violating the Student Code of Conduct.
Dean of Students - The University administrator who the Associate Vice President for Student Life may designate to act in his/her absence.
Director of Student Conduct - The University staff member who is responsible for the leadership and daily management of the student conduct process, and a person who the Associate Vice President for Student Life may designate to act in his/her absence.
Faculty Member - A person hired by the University on a full-time basis to conduct classroom activities or supervised clinical placements.
Guest - A non-University student who is visiting the University.

May - “May” is used in the permissive sense.
Members of the University Community - A University student, faculty member, staff member, administrator or any other person employed by the University.
Policy - Regulations of the University including, but not limited to, the Student Code of Conduct, Residence Hall and Food Service Agreement, and Undergraduate/Graduate Catalogs.
Staff Member - A person hired by the University on a full-time basis to be primarily involved in planning, organizing, staffing, directing and controlling efforts to achieve the goals and objectives of the University.

Shall - “Shall” is used in the imperative sense.
Student - Persons taking courses at the University, both full-time and part-time, pursuing undergraduate, graduate or professional studies as well as those who attend post-secondary educational institutions other than The University of Scranton and who reside in University residences. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the University and those admitted but not yet matriculated at the University (offenses by individuals admitted but not yet matriculated will be reviewed at a time determined by the Director of Student Conduct) are considered students. References to “student” in this policy also refer to student organizations. A person’s status as a student in any particular situation shall be determined by the Associate Vice President for Student Life (or designee).

Student Organization - Any student club or organization registered through the Center for Student Engagement.

Student Code of Conduct - Any published policy, rule or regulation of the University that governs student conduct. 

Support Person - A member of the University community, most frequently a full-time faculty or staff member, who is neither an attorney nor a family member and who assists a student by providing support throughout the student conduct process. The support person may help a student understand the various aspects of the Student Code of Conduct, including but not limited to, students’ rights and responsibilities, the Educational Conference meeting or Formal Hearing, and/or the appeal process. *Please refer to “Article IV: Rights and Resources” for more specific information on the role of the support person.

University - The University of Scranton.
University Premises - All land, buildings, facilities and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).

University Review Board (URB) - The conduct body that presides over formal hearings for alleged violations of the Student Code of Conduct when a student is likely to be suspended or expelled from the University if found responsible.  A URB panel generally consists of five voting members - two students and three faculty or staff members - and one non-voting chairperson appointed by the Associate Vice President for Student Life (or designee). However, a necessary quorum to conduct a hearing exists if three URB members – one student and two faculty or staff members – and one non-voting chairperson are present.

University Review Board Chairperson – A person appointed by the Associate Vice President for Student Life (or designee) to preside over and facilitate University Review Board hearings. Chairpersons are non-voting members of the University Review Board who have received training in the student conduct process and are prepared to facilitate hearings in a manner that is both fair and impartial. 

Associate Vice President for Student Life - The administrator designated by the University President to be responsible for the administration of the Student Code of Conduct.

ARTICLE II. JURISDICTION AND AUTHORITY

The Office of Student Conduct is charged with developing procedures for the student conduct process that are consistent with provisions of the Student Code of Conduct and providing oversight for the process.

A.    Jurisdiction of The University of Scranton

The University’s jurisdiction in disciplinary matters extends to conduct that occurs on the premises of the University and to any conduct that adversely affects the University community, the University’s reputation and/or the pursuit of its mission and objectives regardless of where it occurs. The University’s Student Code of Conduct is used to adjudicate matters of individual student misconduct and student organization misconduct. Any student who is found responsible for engaging in misconduct as defined by the Student Code of Conduct or any other published policy, rule or regulation of the University will be subject to disciplinary sanctions. It should be noted that students are responsible for the actions of their guests and may be held accountable for their guest’s violations of the Student Code of Conduct.

If a student withdraws from the University for any reason after engaging in a minor or moderate violation of the Student Code of Conduct that is not likely to result in the sanction of suspension or expulsion, the University, at its discretion, retains the right to adjudicate the pending matter before a student seeks re-enrollment. The University will note in the student’s record when a pending disciplinary matter exists.

However, if a student withdraws from the University for any reason after engaging in a serious violation of the Student Code of Conduct, but before the case is fully adjudicated (including any period of appeal), the student forfeits the right to re-enroll at the University. For purposes of this paragraph, a serious violation is defined as any violation of the Student Code of Conduct that is likely to result in a sanction of suspension or expulsion. The University will note in the student’s record that the student did not contest the pending charges and the case file will be closed.


B.    Violations of Law and the University Discipline Process

1. University disciplinary proceedings may be instituted against a student who is charged with violation of a law that is also a violation of the Student Code of Conduct, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus. University disciplinary action will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.
2. When a student is charged by federal, state or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. However, if the alleged offense is also the subject of a proceeding before a conduct body under the Student Code of Conduct, the University may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters will be handled internally within the University community. The University will cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators.

C.    Interim Suspension
Allegations of routine infractions of the Student Code of Conduct will be addressed through the University’s student conduct process. In certain circumstances, the University may, through its Associate Vice President for Student Life (or designee), impose a suspension prior to a review of misconduct within the University’s conduct process. An interim suspension may be imposed for the following reasons: 

1. to ensure the safety and well-being of members of the University community or preservation of University property;
2. the student poses a definite threat of disruption of or interference with the normal operations of the University;
3. the behavior of the student violates the lawful mission of the University; or,
4. the student is currently facing charges of a criminal or civil nature in the court system that are pending adjudication which also constitute infractions of the Student Code of Conduct.

During the interim suspension, the student will be denied access to the residence facilities and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Associate Vice President for Student Life (or designee) deems appropriate.

ARTICLE III: STUDENT CONDUCT PROCESS

A.    Complaint, Investigation, and Charges

1. Any member of the University community may file a complaint against any student or student organization for misconduct. The complaint shall be prepared in writing by the complainant and directed to the Office of Student Conduct. When the complainant is the University, the Director of Student Conduct will not act as the complainant. The Associate Vice President for Student Life (or designee) will appoint a person to serve as the complainant for the University. Normally, this person will be appointed from within the Division of Student Life. The Associate Vice President for Student Life (or designee) will consult with the appropriate divisional head if a person outside the Division of Student Life is to serve as the complainant for the University. Any complaint should be submitted as soon as possible after the event takes place;
2. Upon receiving a complaint, the Office of Student Conduct arranges for a preliminary investigation.  The investigation will occur in a timely manner and generally will be concluded within 60 days of submission of the complaint;
3. If the complaint is founded, the Conduct Officer will consult with the complainant and determine the appropriate charge(s).

B.    Standard of Responsibility
The University utilizes the “preponderance of the evidence” standard of responsibility in conduct proceedings. The hearing authority will determine, based on information presented, whether it is more likely than not that a student is responsible for one or more violations of the Student Code of Conduct. The burden of meeting the standard of responsibility rests with the complainant.

C.     Informal and Formal Conduct Hearings 

1. Educational Conference - After consulting with the complainant, the Conduct Officer meets with the accused student for an Educational Conference. The Educational Conference provides an opportunity for the accused student to share his or her insight into the alleged incident and misconduct. Thereafter, it is determined whether the matter can be disposed of administratively by mutual consent of the parties in a manner acceptable to the Conduct Officer. All charges shall be presented to the accused in written form; the complainant shall receive a copy of the charge(s) and the accused’s written response to the charges. The written response of the accused is not mandated at an Educational Conference. If the charges and sanctions are agreed upon in writing, there shall be no subsequent proceedings. However, if the charges and sanctions cannot be agreed upon at the Educational Conference level, there will be a formal hearing of the matter.

2. Deferred Suspension Review - Students who are on Deferred Suspension at the time of an alleged incident will be afforded the opportunity to have an informal hearing with the Associate Vice President for Student Life (or designee) rather than an Educational Conference. In accordance with the definition of Deferred Suspension, the Associate Vice President for Student Life (or designee) will render the final decision with respect to the student’s responsibility for violations of the Student Code of Conduct and issue any appropriate sanctions. Students who are on Deferred Suspension do not have the right to a formal hearing.

3. Formal Hearings - Two types of formal hearings are utilized when charges and sanctions be agreed upon at an Educational Conference:

   1. Administrative Hearing: An Administrative Hearing is used to adjudicate alleged violations of a less serious nature when the likely sanction does not rise to the level of a suspension or expulsion. The Director of Student Conduct will assign a Conduct Officer who was not involved in the Educational Conference to serve as the Administrative Hearing Officer. Decisions rendered in an Administrative Hearing are final and not subject to appeal.
   2. University Review Board Hearing: A University Review Board (URB) Hearing is used to adjudicate alleged violations of a serious matter that may result in the sanction of suspension or expulsion for the accused student. A URB Hearing is conducted by a URB panel consisting of faculty, staff, and students selected from the URB pool and a non-voting chairperson appointed by the Associate Vice President for Student Life (or designee). Decisions rendered in a University Review Board Hearing are subject to appeal as outlined in Article III, Section F.

D.    Formal Hearing Guidelines - Formal hearings shall be conducted according to the following guidelines:

1. The Associate Vice President for Student Life (or designee) may exercise discretion as to the type of formal hearing that will be utilized given concerns of circumstance, timeliness or complainant.
2. In cases involving more than one accused student, hearings concerning each student may be conducted separately at the discretion of the Director of Student Conduct. 
3. No verbatim record, such as a tape or digital recording, shall be made of any hearing by any party or the University. Participants may take notes, which shall be their own property.
4. No student shall be found to have violated the Student Code of Conduct solely because he or she fails to appear at the hearing. However, the hearing may proceed without the presence of the accused student or the complainant.
5. Hearings shall be conducted in private. No one is permitted to attend the hearing unless specified in this policy. The Director of Student Conduct may permit a staff member to observe a formal hearing for training purposes. If an observer is present, he or she will be held to the same standard of confidentiality as members of the Conduct Body. Any questions of attendance shall be resolved by the URB Chairperson or Administrative Hearing Officer.
6. The complainant and the accused student have the right to be assisted by a support person (as described in Article IV. Section A). Neither family members nor attorneys may serve as advisors nor be present during Administrative Hearings or URB Hearings.
7. Relevant records, written statements and testimony may be accepted as information for consideration at the discretion of the URB Chairperson/Administrative Hearing Officer.
8. All procedural questions are subject to the final decision of the URB Chairperson or Administrative Hearing Officer.
9. At least forty-eight (48) hours prior to the hearing and by the date and time specified by the Office of Student Conduct, the complainant and the accused student must provide the following to the Director of Student Conduct:
   1. The names of their support person and witnesses;
   2. Summaries of the testimony that each of their witnesses (including themselves) will give at the hearing. These summaries should briefly review the verbal testimony that will be provided by the witnesses. Statements made in writing to the University Police Department during the investigation of an incident are acceptable;
   3. Copies of other relevant materials such as photographs, phone records, costs of damaged or stolen property, medical bills and diagrams.

A witness is a person who has information relevant to the case and should be present at the hearing. If a witness refuses to participate in the hearing, the Director of Student Conduct should be informed of the situation immediately. Character witnesses or character witness statements are not allowed. A support person cannot serve as a witness.

10. If the Student Conduct Investigator plans to participate in the hearing, he or she must provide to the Director of Student Conduct all relevant materials at least forty-eight (48) hours prior to the hearing and by the date and time specified by the Office of Student Conduct. Additionally, if the Student Conduct Investigator plans to have witnesses provide testimony at the hearing, summaries of witness testimony must be submitted with the other relevant materials.  
11. Copies of materials that are submitted by the complainant, and the accused student as well as other relevant materials available for review at the discretion of the Director of Student Conduct will be made available for review by the complainant, the accused student, and their respective support persons no more than thirty-six (36) hours prior to the hearing in the Office of Student Conduct (or at a location specified by the Director of Student Conduct). Similarly, University Review Board members and/or the Administrative Hearing Officer will be permitted to review copies of the materials in the Office of Student Conduct (or at a location specified by the Director of Student Conduct) no more than thirty-six (36) hours prior to the hearing. Those involved with the hearing will be notified by the Office of Student Conduct when materials are available for review. It is the responsibility of those involved with the hearing to contact the Office of Student Conduct to arrange a time to review the materials prior to the hearing if such review is desired. Copies of materials will be provided to the complainant, the accused student, and the University Review Board members and/or Administrative Hearing Officer immediately prior to the start of hearing and will be collected immediately following the hearing. If a complainant, accused student, or Student Conduct Investigator wants to submit additional documents or materials that were not provided to the Director of Student Conduct at least forty-eight (48) hours prior to the hearing, the URB Chairperson or Administrative Hearing Officer will determine whether to accept such documents or materials before the hearing begins. Timeframes noted in this section may be reasonably adjusted by the Director of Student Conduct when weekends, holidays, and/or breaks in the academic calendar warrant such action.
12. The Office of Student Conduct endeavors to protect personal information of those involved in the conduct process to the extent necessary and possible. Accordingly, personal information that is not germane to the fair adjudication of a matter may be omitted from the documents available for review, at the discretion of the Director of Student Conduct and/or Associate Vice President for Student Life (or designee).

E.    Formal Hearing Format - Formal hearings shall be conducted according to the following format:

1. Opening: The URB Chairperson/Administrative Hearing Officer reads the charge(s). The accused admits or denies responsibility for violating the charge(s).
2. Presentation of Information & Questions: The URB Chairperson/Administrative Hearing Officer has final discretion as to the presentation of information related to the matter at issue. The URB/Administrative Hearing Officer will initially determine the order in which witnesses will be heard. Both the complainant and the accused student will have the opportunity to call additional witnesses who were set forth in the materials submitted in advance of the hearing. Throughout the hearing, both parties may submit to the URB Chairperson/Administrative Hearing Officer one or more questions to be asked of a witness(es) or of the other party. Support persons are permitted to suggest questions to the student(s). It is the discretion of the URB Chairperson/Administrative Hearing Officer whether to ask the question(s).
3. Summary Statements: At the close of the presentation of information, the complainant and the accused student have the opportunity to make summary statements. These brief statements summarize the position and key information presented by the party before the URB/Administrative Hearing Officer begins deliberations.  
4. Determining Responsibility: Within seventy-two (72) hours, the URB/Administrative Hearing Officer shall determine, by majority vote in the case of the URB, whether it is more likely than not that the accused student is responsible for each of the Student Code of Conduct charges that were at issue.
5. Determining Sanctions: If the URB/Administrative Hearing Officers finds the accused student responsible for one or more violations of the Student Code of Conduct, a summary of the accused student’s disciplinary history is shared with the URB/Administrative Hearing Officer. The URB/Administrative Hearing Officer receives such a summary only if a finding of responsibility is rendered. If responsibility is determined, the URB/Administrative Hearing Officer may ask what sanctions the complainant was willing to accept at the Educational Conference level. Additionally, the URB/Administrative Hearing Officer will consider nature of the violation including the impact on the community and its members, the institutional sanctioning guidelines, and the individual student’s needs.
6. Communicating a Formal Hearing Outcome:  The URB Chairperson/Administrative Hearing Officer shall communicate in writing to the Director of Student Conduct the findings and the rationale for the decision concerning responsibility, including what information influenced the decision. The decision of the URB/Administrative Hearing Officer shall be communicated to both the complainant and the accused student by the Director of Student Conduct in a timely manner. The Associate Vice President for Student Life (or designee) may use discretion in communicating the outcome to the affected parties.

F.    Appeal of URB Hearing Decision

1. A formal hearing decision reached by the URB may be appealed on the basis of the grounds listed below. An appeal can be initiated by the accused student or complainant. A written appeal must be received by the Associate Vice President for Student Life (or designee) within five (5) full class days of the decision and must explain on what grounds an appeal is based. If class is not in session, the appeal must be received within five (5) full business days. If an appeal is requested, a written copy of the appeal will be presented to the other party by the Associate Vice President for Student Life (or designee). A sanction(s) decision imposed at a URB hearing does not take effect until the appeal process has been completed.
2. An appeal must be based on one or more of the following grounds:
   1. A substantial procedural error occurred prior to or during the hearing that unreasonably impaired the URB’s ability to render a fair decision.
   2. New evidence or facts sufficient to alter the URB’s decision and not known to the person submitting the appeal at the time of the original hearing. The new evidence or facts could not have been introduced at the URB hearing because they were not known at that time.
3. All appeals will go to the Appellate Board for disposition. The Appellate Board will accept or reject the appeal on the basis of the written appeal submitted. If the Appellate Board believes the appeal may have merit, the Appellate Board will examine the findings and rationale of the URB’s decision and may examine documents available to the URB and may interview persons with information pertinent to the appeal. The Appellate Board will either affirm the decision of the URB or send the case back to a URB. If an appeal is based on procedural error, the Appellate Board may send the case to either the original board or a new board. If an appeal is upheld because the Appellate Board determines there is new evidence, the Appellate Board must send the case back to the original board. If the Appellate Board sends the case to a URB, the procedures outlined under Article III., Sections D & E. apply. The decision and the reason for the decision of the Appellate Board must be provided in writing to the Associate Vice President for Student Life (or designee), the URB members that heard the case, when appropriate, and the complainant and the accused. The decision of the Appellate Board is then final

ARTICLE IV: RIGHTS AND RESOURCES

A.    Support Person - The complainant and/or the accused student may choose to be assisted in the conduct process by a support person. Any member of the University community who is neither an attorney nor a family member may serve in this role. Complainants and/or accused students who choose to have a support person are encouraged to consider selecting a faculty or staff member who has received training in the University’s conduct process. Students may obtain the names of trained support persons from the Office of Student Conduct. Failure to secure a support person is not grounds for an appeal.

The role of a support person is to assist a student by providing support throughout the student conduct process. Although a support person cannot represent a student and therefore has a non-speaking role during the investigative meetings, Educational Conference, or Formal Hearing a support person may: 

1. Assist the student in understanding the process in response to a charge of the Student Code of Conduct;
2. Assist the student in understanding one’s rights and responsibilities as a participant in the Student Conduct process;
3. Assist by accompanying the student to any meeting with a Conduct Officer, University Review Board and/or Appellate Board, including the Educational Conference and Formal Hearings;
4. Assist the student in understanding the appeal process, when applicable; and
5. As appropriate, foster a student’s personal growth through reflection and discernment of one’s behavior/decisions in light of University standards and values.

B.    University Resources - It is strongly recommended that the complainant and the accused student access the services offered by various offices of the University including the Counseling Center, Dean of Students, Campus Ministries, and Center for Health Education and Wellness. Failure to use University resources that are available is not grounds for an appeal. If the complainant or accused student has accessed a University office and feels the office has not been supportive of his or her needs, this perceived lack of support should be discussed immediately with the Conduct Officer, Director of Student Conduct, or Dean of Students.
 
C.    The Rights of a Complainant - Once charges have been filed within the University student conduct process, the term “complainant” is used to refer to the University or individual filing the complaint. The complainant has the following rights during conduct proceedings conducted by the University:

1. The right to be informed of and have access to available University resources;
2. The right to an explanation of the options of redress that are available;
3. The right not to be harassed by the accused student or acquaintances or supporters of the accused student, and the right not to have contact with the accused student if requested;
4. The right to initiate a University conduct hearing without unnecessary delay once the accused student has been charged;
5. The right to testify on her/his own behalf;
6. The right to present witnesses who can speak to the charges. Character witnesses are not allowed;
7. The right to have a support person who can assist the complainant throughout the conduct process as outlined in Article IV, Section A.;
8. The right to remain present during the entire conduct hearing with the exception of the deliberation phase when neither the accused student nor the complainant may be present;
9. The right to be informed without unnecessary delay of the outcome of the hearing;
10. The right to appeal the outcome of a URB hearing.

D.    The Rights of an Accused Student - A student who is accused of violating the Student Code of Conduct has the following rights during conduct proceedings conducted by the University:

1. The right to be informed of and have access to available University resources;
2. The right to be presumed not responsible;
3. The right to an explanation of the charge(s);
4. The right not to be harassed by the complainant or acquaintances or supporters of the complainant, and the right not to have contact with the complainant if requested;
5. The right to an explanation of the University’s student conduct process;
6. The right to have a support person who can assist the accused student throughout the conduct process as outlined in Article IV, Section A.;
7. The right to a University conduct hearing without unnecessary delay once the accused student has been charged;
8. The right to testify on her/his own behalf;
9. The right to present witnesses who can speak to the charges. Character witnesses are not allowed;
10. The right to remain present during the entire conduct hearing with the exception of the deliberation phase when neither the accused student nor the complainant may be present;
11. The right to be informed without unnecessary delay of the outcome of the hearing;
12. The right to appeal the outcome of a URB hearing.

ARTICLE V: SANCTIONS

Students who accept responsibility or are found responsible for violating the Student Code of Conduct are generally assigned an administrative sanction and one or more developmental sanctions. Sanctions are designed to educate, foster development, encourage thoughtful decision making, and protect the University community. In determining appropriate sanctions, the University considers the nature of the violation including the impact on the community and its members, the institutional sanctioning guidelines, the student’s prior disciplinary history, and the individual student’s needs. This method of determining appropriate sanctions balances consistency with the Ignatian ideal of cura personalis, care of the whole person as a unique individual.

Failure to comply with assigned sanctions a violation of the Code of Conduct and will be adjudicated as such.

When a student organization is found responsible for violating the Student Code of Conduct, the minimum sanction is Deferred Suspension. If a Deferred Suspension is issued, additional developmental sanctions and/or other expectations will be defined and approved by the Associate Vice President for Student Life (or designee).

A.     Administrative Sanctions
Disciplinary Warning- Students may receive a Disciplinary Warning for minor violations of Residence Life policies. A warning indicates that the offending behavior must cease and further misconduct will likely result in the imposition of more serious sanctions.

Disciplinary Censure- Students may receive a written Disciplinary Censure, which is a formal reprimand for minor violations of the Student Code of Conduct. Further misconduct will result in the imposition of more serious sanctions.

Disciplinary Probation- Students may be placed on Disciplinary Probation for a stated period of time for moderate misconduct or in the case of repeated minor misconduct. A student who is on Disciplinary Probation is not in good disciplinary standing with the University for the time that he or she is on probation. Subsequent violations of the Student Code of Conduct during the period of probation may result in suspension or expulsion from the University.

Deferred Suspension - Students may be placed on Deferred Suspension for a stated period of time for serious misconduct or in the case of repeated misconduct. A student who is on Deferred Suspension is not in good disciplinary standing with the University, and his or her tenure at the University is precarious. During the period of Deferred Suspension, the student must abide by all terms and conditions of University policies regarding student behavior and comply with any sanctions issued as a direct result of the student’s misconduct. Students who are placed on Deferred Suspension are generally issued developmental sanctions that may include restrictions or requirements such as counseling, the denial of the opportunity to participate in intercollegiate athletics or club sports, the denial of the opportunity to perform in the name of the University, the denial of the privilege of serving as an officer of a student organization or the denial of the privilege to reside in University housing.  Any misconduct or non-compliance with sanctions on the student’s part during the time of the Deferred Suspension will be reviewed and sanctioned solely by the Associate Vice President for Student Life (or designee), who will strongly consider suspension or expulsion as the sanction for the misconduct. Students who are on Deferred Suspension will be afforded the opportunity to meet with the Associate Vice President for Student Life (or designee) prior to the rendering of a final decision. Students who are on Deferred Suspension do not have the right to a formal hearing.

Suspension- Suspension is imposed for serious misconduct or for a violation of Deferred Suspension when it is believed that the student should be temporarily removed from the University community. A student who is suspended from the University is not in good disciplinary standing with the University for the time that he or she is suspended. Suspension may entail the imposition of conditions that the student must meet in order to resume studies at the University. Suspension also may include conditions that will be in place once the student resumes University studies. While suspended, the student loses all University rights and privileges, may not represent the University in any manner and may not visit the campus without prior approval of the Associate Vice President for Student Life (or designee). Suspension may be for the remainder of a semester or for no more than four semesters.  No more than three (3) credits of course work (if approved by the student’s academic dean and the Registrar) taken at another institution during a period of suspension may be transferred to the University.  The student must meet with the Associate Vice President for Student Life (or designee) following the term of suspension. The Associate Vice President for Student Life (or designee) will determine whether the student may resume studies after considering whether all conditions of the suspension have been met. Any misconduct on the student’s part during the period of suspension will be reviewed by the Associate Vice President for Student Life (or designee) before the student is allowed to resume studies. The Associate Vice President for Student Life (or designee) will strongly consider expulsion as a sanction for misconduct that occurs during a period of suspension. Suspension is permanently recorded in the Office of Student Conduct.

Post-Suspension Probation- Students who are permitted to return to the University following a period of Suspension will automatically be placed on Post-Suspension Probation by the Associate Vice President for Student Life (or designee) for a designated period of time. This probationary period, which is exclusively utilized for students who are returning to the University following a period of suspension, is designed to ensure a smooth transition back into the University community.  A student who is on Post-Suspension Probation must abide by all terms and conditions placed on his or her return as well as all University policies. Any misconduct or non-compliance on a student’s part during his or her Post-Suspension Probation will be reviewed and sanctioned by the Associate Vice President for Student Life (or designee), who will strongly consider additional suspension or expulsion as the sanction for the misconduct. Students who are alleged to have engaged in misconduct during their Post-Suspension Probation will be afforded the opportunity to meet with the Associate Vice President for Student Life (or designee) prior to the rendering of a final decision. Students who are on Post-Suspension Probation do not have the right to a formal hearing relative to alleged violations of the Student Code of Conduct that occur during their probationary period.

Expulsion- Expulsion is imposed for very serious misconduct, repetitive behavior, or for misconduct by a student who has previously been suspended when it is believed that a student should be permanently removed from the University community. An expelled student is not in good disciplinary standing with the University and is not eligible for readmission. Expulsion is permanently recorded in the Office of Student Conduct.

Withholding of Degree – The University may withhold awarding a degree as a disciplinary sanction if the accused student is found responsible and is of senior class status. The degree may be withheld until the completion of the disciplinary process, including completion of all sanctions imposed. A student of senior class status who is subject to a pending disciplinary proceeding is not eligible to receive a degree or participate in senior week activities, Baccalaureate Mass, and Commencement until the disciplinary process is completed. Depending on the nature of the charge(s), the student may be allowed to remain on campus to complete academic requirements for degree status at the discretion of the Associate Vice President for Student Life (or designee). However, the student’s degree will be conferred privately after the completion of the disciplinary process, including completion of all sanctions imposed.

B.     Developmental Sanctions - In addition to an administrative sanction, one or more of the following developmental sanctions may be imposed in an effort to foster student learning. A failure to comply with the stated sanction is considered a violation of the Student Code of Conduct and will be adjudicated as such.

Educational Activities- Students may be required to perform activities that are designed to be educational. Examples of such activities include, but are not limited to, offering  a formal apology (in writing and/or in person), attending an educational class or workshop, giving or attending a presentation, preparing and submitting a research project or paper on a designated topic, or offering a written reflection responding to a given prompt.

Fines- Fines payable to the University may be imposed when appropriate to teach students how their decisions can have financial implications.

Restitution- Restitution may be required for damages done or other payment for expenses incurred as a result of the student’s actions. Restitution may be required to be made to the University, a specific department or a specific individual. Normally, all restitution will be paid within two weeks of the hearing date. Students who have been suspended will not be readmitted until restitution is made. No transcripts will be released from the University until restitution is made.

Supervised Work/Service- Students may be assigned work or service performed under supervision that is both beneficial to the University community and likely to assist the individual in understanding the effects of the offending behavior.

Directive for No Contact- A student may be required to have no contact with another person for a specific time period or permanently.

Restriction- A student’s or student organization’s privileges may be restricted. Such restrictions include, but are not limited to, denial of the right to represent the University in any way, denial of the use of or access to facilities, denial of parking privileges, denial of participation in extracurricular activities, denial of participation in intercollegiate athletics or club sports or denial of participation in University-sponsored events.

University Housing Transfer or Removal- Students may be directed to transfer to another room or housing unit, or may be removed from University housing.

Required University Housing- Students may be required to reside in University housing for a specified period of time.  This sanction may not to be applied without the approval of the Director of Residence Life.

Loss of Recognition- The University may withdraw recognition of a student organization, which includes denying it access to University resources for a period of time or permanently.

Mandatory Counseling/Advising- Students may be required to participate in counseling and/or advising sessions.  Such sessions may include evaluative measures for substance abuse or emotional well-being.

ARTICLE VI: MISCELLANEOUS

A.    Publication of Dispositions - The University reserves the right to publish the disposition of all charges, without the names of the students involved, in the campus news publication. Normally, this would take place after the appeal process is complete.

B.    Student Conduct Records - In general, student conduct records are maintained by the Office of Student Conduct for seven (7) years from the date of graduation to ensure compliance with federal laws and regulations. Information from these records will be shared, upon request, with others who have a need to know, in a manner consistent with the Family Educational Rights and Privacy Act for one year after graduation. Thereafter, information from student conduct records will only be released when required by a lawful judicial order or a subpoena from the courts. Note that records of students who are suspended or expelled from the University will be permanently maintained in the Office of Student Conduct. Information from these records will be shared upon request, with others who have a need to know, in a manner consistent with the Family Educational Rights and Privacy Act.

C.    Interpretation and Revision - Any question of interpretation regarding the Student Code of Conduct shall be referred to the Associate Vice President for Student Life (or designee) for final determination.

The University of Scranton Discipline Process

Click here to view the Conduct Map 2018-2019 .