The Pilot - Dean of Students

Student Handbook

The Pilot - Dean of Students


As an institution of higher learning and a community of persons with a special purpose, Bloomsburg University accepts its obligation to provide its members with an atmosphere which protects and promotes its educational mission and that guarantees its orderly and effective operation. To accomplish these goals, the University must require certain standards of conduct. The University standards of conduct, published as regulations of this Code of Conduct, do not replace or relieve the requirements of civil or criminal law. In addition, The Dean of Students Office may contact a student to discuss additional issues/concerns that may not be outlined in the Student Code of Conduct.

NOTE: For the purposes of the Student Code of Conduct, the term “student” shall be defined as an admitted student, graduate status, undergraduate status, or a student of professional studies (full time or part time). Student status will continue as long as the student has a continuing relationship with Bloomsburg University.

I. Code of Conduct

Every effort will be made to contact students via the US postal service, campus mail, in-person when possible, and/or via students’ Huskies e-mail address. Please note that e-mail messages sent from The Dean of Students Office to students through University-assigned e-mail addresses will constitute an official means of communication. Correspondence involving incidents may also come from the Office of Residence Life, Office of Greek Affairs, Office of the Vice President for Student Affairs, or other offices on campus. It is the student’s responsibility and obligation to access and respond to official University e-mail correspondence.

Violation of any of the regulations listed below by any student or student organization, whether the occurrence is on or off campus, may lead to University disciplinary action and/or criminal arrest, pursuant to local, state, and federal laws.

Students whose actions negatively impact the University community and are deemed at risk to Bloomsburg University are subject to interim suspension pending a judicial hearing. Examples of such actions include, but are not limited to, furnishing alcohol to minors, selling or providing drugs or controlled substances, and sexual misconduct, including rape. Students, residing in on-campus housing, accused of policy violations may be required to participate in an interim move during an investigation by the University and until allegations can be resolved.

The following are violations of the Student Code of Conduct:

A. Academic Integrity- Incidents of plagiarism, cheating, and other forms of academic dishonesty as set forth in the Academic Integrity Policy (PRP 3512) violate the Student Code of Conduct and are adjudicated by the appropriate faculty member and/or through The Dean of Students Office.

B. Alcohol – A violation of the University Alcoholic Beverage Policy (PRP 4810) constitutes a violation of the Student Code of Conduct. This includes but is not limited to:

1. Possession/transportation/consumption of alcohol on University property (excluding the use of ethanol/alcohol as a scientific reagent, solvent, or antimicrobial under the supervision of faculty or staff in an educational environment).

2. Underage students being cited by law enforcement for possession/transportation/consumption of alcohol.

3. Public intoxication.

4. Driving under the influence.

5. Furnishing alcohol to minors and/or actively planning or organizing a party or event where alcohol is being served illegally or furnished to minors. Actively planning or organizing a party or event includes but is not limited to providing cups, collecting money, or transporting either alcohol or attendees to or from the event.

6. Illegally selling alcohol.

7. Hosting a social gathering, whether intentional or unintentional, where an alcohol policy violation occurs.

8. Other alcohol-related misconduct.

C. Unauthorized Access- Forcibly entering, trespassing, or unauthorized entry of any locked and/or secured facility, University or individually owned or rented property is a violation.

D. Computer and Network Misuse- A violation of the Acceptable Use of Technology Policy (PRP 2550) constitutes a violation of the Student Code of Conduct. This includes but is not limited to misuse, abuse, or other illegal activity related to University computers or networks, using computers/the network to distribute, download or upload obscene or indecent images or language, harass individuals, or to hinder the universal functions of the university network.

E. Controlled Substances/Drugs – A violation of the University Drug Policy (PRP 4805) constitutes a violation of the Student Code of Conduct. Students cited by law enforcement or confronted by University staff for violations of this policy will face a judicial hearing conducted by The Dean of Students Office. Violations include but are not limited to:

1. The use of controlled substances/drugs.

2. The sale of controlled substances/drugs.

3. The manufacturing of controlled substances/drugs.

4. The distribution and/or transfer of controlled substances/drugs.

5. The distribution and/or transfer of prescribed medications/drugs.

6. The use and/or possession of drug paraphernalia.

7. The use of legal substances, in a manner other than the intended purpose, in ways that alter one’s mental or physical state.

F. Creating Safety Hazards –To misuse safety equipment or to ignore safety procedures is a violation of the Student Code of Conduct. This section includes but is not limited to:

1. Tampering with fire equipment/smoke detectors, exit lights, guard rails, elevators or fire alarms.

2. Initiating false alarms.

3. Creating a safety hazard due to reckless or negligent behavior.

G. Disorderly Conduct - No person shall engage in conduct that is disorderly, unnecessarily disturbs others, and/or is disruptive to the normal practices, processes, and functions of the University or the local municipalities.

H. Disruptive Classroom Conduct- Behavior that disrupts the classroom environment is a violation. This includes but is not limited to creating an unsafe or hostile environment, continually undermining the authority of the faculty member, or other behavior that infringes on an orderly learning environment. Issues of classroom management such as cell phone and other electronic device usage during class, tardiness, and negative class participation are to be addressed in the syllabus or by the faculty member. Questions regarding academic- related conduct such as alleged academic injustice or questions of academic integrity should be addressed through the appropriate academic venue, PRP 3592 Academic Grievance Procedure, PRP 3512 Academic Integrity, and other related policies.

I. Failure to Comply - Challenging, confronting, or defying instructions or reasonable requests made by University Officials acting in accordance with their duties and responsibilities is a violation. This includes but is not limited to refusal to present identification when asked, noncompliance with university sanctions and/or official behavior contracts, and refusal to respond to a request to report to an administrative office.

J. Firearms/Weapons – A violation of the University Weapons, Firearms and Dangerous Devices Policy (PRP 5240) constitutes a violation of the Student Code of Conduct. This includes but is not limited to:

1. The unauthorized possession of firearms, weapons or other dangerous objects or substances on University property.

2. The transfer of firearms, weapons or other dangerous objects or substances on University property.

3. Use of firearms, weapons or other dangerous objects or substances on University property.

4. The brandishing of any object or item used in a threatening or violent manner, such as a butane lighter, lit tobacco products, baseball bat or other blunt instrument or razor blade that inflicts, or is intended to inflict bodily harm or cause property damage.

This policy includes but is not limited to: firearms, ammunition, explosives, billy clubs, martial arts weapons, bows and arrows, sabers, swords, daggers, switchblades, knives used primarily for hunting purposes, fireworks, pellet guns, air guns, BB guns, stun guns, tasers, paint ball guns, and dangerous/flammable chemicals/fuels.

This policy also prohibits the possession of firearms for individuals who are licensed to carry such items. This policy shall not prohibit persons from possessing, storing, or using weapons at approved locations for the purpose of meeting the requirements of a recognized educational program and/or student groups sponsored by the University. Personal firearms and hunting equipment must be registered and stored in the Bloomsburg University Police Department.

K. Forgery –Altering or misusing university or individually owned documents, records, identification cards, papers, or any and all forms of electronic media is a violation.

L. Gambling - Any act of illegal gambling including solicitation on campus is prohibited except for those sanctioned by Bloomsburg University and the Commonwealth of Pennsylvania.

M. Harm To Others- A violation of the University Harassment and Discrimination Policy and the Student Sexual Misconduct Policy (PRP 4790) constitutes a violation of the Student Code of Conduct. The following statements outline this policy:

1. No person shall engage in harassing, intimidating, or threatening conduct.

2. No person shall exhibit behavior that harms or threatens to harm another person or another person’s property. This includes but is not limited to harassing, intimidating or threatening conduct, physical harm, or conduct that results in property damage.

3. No person shall physically harm or exhibit threatening, intimidating, or harassing conduct toward a University employee related to the performance of his or her job.

4. No person shall physically harm or exhibit threatening, intimidating, or harassing conduct toward any party or witness involved in a judicial case or cause damage to his or her property with the intent of influencing outcomes or for retaliation.

5. No person shall engage in conduct that constitutes unlawful discrimination based on another person’s race, color, sex, religion, age or national origin.

N. Hazing - A violation of the University Hazing Policy (PRP 4650) constitutes a violation of the Student Code of Conduct. Hazing at Bloomsburg University is strictly prohibited and will not be tolerated. Hazing risks human lives, brutalizes everyone involved, and jeopardizes the very existence of student groups/organizations on the Bloomsburg University campus. Hazing is defined as any action or situation created, whether on or off campus:

1. To produce mental or physical discomfort, embarrassment, harassment, fright or ridicule.

2. Any physical requirement (e.g. calisthenics).

3. Any request or obligation placed upon any person, which could cause pain, disgrace, or injury.

4. Any request which is personally degrading.

For the purpose of this definition, any activity as described in this definition which the initiation, admission into, affiliation with, or continued membership in an organization/group is directly or indirectly conditioned shall be presumed to be "forced" activity, the willingness of an individual to participate in such activity notwithstanding.

O. Laws – It is a violation for students to be cited or arrested by a law enforcement agency. Students who are cited or arrested by a law enforcement agency or convicted of a crime in civil or criminal court will be subject to separate charges and to university disciplinary proceedings.

P. Pledging Greek Social Organizations – A violation of the Regulations/Sanctions for Pledging Social Greek Organizations constitutes a violation of the Student Code of Conduct. This includes but is not limited to pledging or joining a social Greek organization without fully complying with all university requirements regarding eligibility is prohibited. Recognized fraternities and sororities may only pledge students who have accumulated at least 12 credit hours, have achieved the required GPA (2.5), and have matriculated during either the fall or spring semesters. Students with fewer than 12 credit hours are not permitted to pledge or join any recognized social Greek organization. Students who fail to adhere to this requirement will face a campus judicial hearing and will be subject to disciplinary action.

Q. Residence Hall/Apartment Policies - Violations of Residence Hall/Apartment policies may lead to sanctions under the Code of Conduct. For more information, contact a Residence Life staff member or read the Residence Hall/Apartment Handbook, the “Guide to Campus Living”.

NOTE: The Dean of Students Office in collaboration with The Office of Residence Life has the right to temporarily reassign or terminate a housing agreement during or upon conclusion of an investigation of a Student Code of Conduct violation.

R. Sexual Misconduct- A violation of the University’s Student Sexual Misconduct Policy (PRP 4790) is a violation of the Student Code of Conduct. Sexual misconduct at Bloomsburg University is strictly prohibited and will not be tolerated. Sexual misconduct includes sexual harassment, sexual assault (including rape), sexual exploitation, stalking, dating violence and domestic violence, as defined in Section VII. Violations include, but are not limited to:

1. Sexually harassing or attempting to sexually harass another individual.

2. Sexually assaulting or attempting to sexually assault another individual.

3. Sexually exploiting or attempting to sexually exploit another individual.

4. Stalking or attempting to stalk another individual.

5. Violence, including but not limited to sexual or physical abuse, against another individual who is or has been in a social relationship of a romantic or intimate nature with the victim (Dating Violence).

6. Violence against another individual who is or was a spouse or cohabitant or who is otherwise protected under Pennsylvania domestic or family violence laws (Domestic Violence).

Complaints of sexual misconduct will proceed pursuant to Sexual Misconduct Judicial Procedures set forth in Section VII.

S. Theft/Stolen Property - Theft, attempted theft, or unauthorized possession of university, retail, or individually owned/rented property is prohibited.

T. Vandalism - Any acts of abuse or destruction of university or private property by any means are prohibited.

II. Reports of Violations

Allegations of violations of the Student Code of Conduct (PRP 4802) are received by The Dean of Students Office via campus incident reports, police reports, or various other means of communication from students, faculty, staff, or community members. Once a report is received, The Dean of Students Office investigates the allegations.

At the completion of their investigation, The Dean of Students Office will: 1) determine that more information is needed; 2) dismiss the allegation for lack of evidence that a violation occurred; or 3) file charges against the individual(s) or organization.

III. Statement of Hearing Procedures

Introduction: As required by the Board of Governors of the State System of Higher Education regarding student discipline and due process, Bloomsburg University has established a hearing procedures system. Its primary intent is educational in nature, attempting to create behavioral changes in students while simultaneously protecting their rights and the rights of the community-at-large. The hearing procedures exist to review complaints against students/organizations for alleged violations of the Student Code of Conduct.

Student/organization hearings are intended to help students understand both their rights and responsibilities as members of the university community. When students/organizations are involved in a hearing, it is important that both the accuser and accused be afforded every opportunity to understand the alleged violations and the principles of due process under which the hearing will be conducted.

When an individual or organization wishes to file charges against another student or student organization, the accuser must submit in writing a detailed account of the incident which resulted in the charges being filed, along with the names of the individuals charged (“accused”), witnesses who were present, and the relevant section of the Student Code of Conduct.

Student Affairs professional staff members may require an accused to report for a discussion/investigation relative to an alleged infraction. During this discussion/investigation, the allegation(s) and options within the university hearing process will be reviewed. Possible actions that may occur if civil/criminal ordinances have been violated will also be discussed.

A. Hearing Process: The accused has the right to choose between a formal hearing before a board or an informal hearing before a designated hearing officer for all charges except Sexual Misconduct, which will follow the Judicial Process outlined in the Student Sexual Misconduct Policy, PRP 4790 and Section VII below. For violations that could result in a suspension or expulsion, the accused may not have the option of an informal hearing and may be required to participate in a formal hearing process. All informal hearings require a waiver as a condition.

The University reserves the right to hold a hearing in absentia (without the accused). If the hearing is held in absentia, the accused will not have the opportunity to respond to the alleged violation(s). The University reserves the right to continue a hearing whenever necessary and appropriate.

The Hearing Chairperson (non-voting member), selected by The Dean of Students or other designee of the Vice President for Student Affairs, shall be responsible for maintaining order and room decorum during hearings. All hearings are closed and confidential proceedings. Any participant who displays disorderly or disruptive behavior or refuses to comply with the request of the Hearing Chairperson during a hearing will be asked to leave the hearing and could be subject to disciplinary action. The Hearing Chairperson, the University hearing board, the appeals board, and special interim boards have full delegated authority from the President of the University to hear student disciplinary cases.

B. Due Process and Procedures for a Formal Hearing
The following procedural guidelines are established for the direction of all formal disciplinary hearings, except for Sexual Misconduct violations that are subject to the procedural guidelines in Section VII below:

1. Notification:

a. The accused shall be notified in writing by an appropriate university official of the accusation and the specific violation of university policy(s).

b. In keeping with the campus standards of due process, the accused and accuser involved in the case are entitled to the following:

i. Written notification of the time and place of the hearing at least 72 business hours prior to the hearing.

ii. Written statement of charges of sufficient particularity to enable the accused to prepare for the hearing.

iii. Written notification of the names of the individuals who are directly responsible for having reported the alleged violation to The Dean of Students Office. If there are no such individuals or if specific names are not available, written notification of how the alleged violation came to The Dean of Students Office’s attention will be provided. Note: Anonymous allegations are not permitted.

2. Witnesses:

An accused charged with a violation has the right to appear in person and to present information regarding the violations and to call witnesses on the accused’s behalf. The accused as well as the board shall have the opportunity to hear and question all witnesses. If witnesses are appearing, the accused must present in writing the names of the witnesses at least 48 business hours prior to the hearing to The Dean of Students Office.

3. Advisor:

a. An accused charged with a violation has the right to be accompanied by one advisor who must be a member of the faculty, staff or student body of the university, legal counsel, parent/guardian, or advisor of record for the organization. If an accused wishes to have an advisor, formal written notification must be received by the Dean of Students 48 business hours prior to the hearing. The University reserves the right to utilize legal counsel.

b. Student/organizations involved in the same incident cannot serve as advisors to each other.

c. During a hearing, the role of an advisor will be limited to the following:

i. The advisor may make a brief opening and/or closing statement as determined by the presiding Hearing Chairperson.

ii. The advisor may suggest questions and provide individual consultation to the accused being represented; however, the advisor may not directly question a hearing participant, including the accuser, the accused, witnesses, board members, or the Hearing Chairperson.

d. In consideration of the limited role of an advisor and of the compelling interest of the University to expeditiously conclude the matter, the work of the hearing board will not - as a general practice - be delayed due to the unavailability of an advisor.

4. Decisions:

The accused will receive a written decision in which facts and reasons are set forth with reasonable specificity, which shall be issued within ten working days of the hearing. In cases involving violent crimes, the accuser also receives this information. For all other incidents, the accuser receives a written decision which sets forth the facts and reasons for findings without identifying the accused by name or revealing the results or final recommended action.

5. Additional Rights of the Accused:

a. The accused may request the disqualification of the Hearing Chairperson and/or board member whom the accused feels is biased or otherwise involved in the case at the beginning of the proceedings.

b. The accused may refuse to answer questions. The accused may also elect not to appear. Should the accused elect not to appear, it shall not be taken as an indication that the accused has violated a university policy and must be noted without prejudice. The decision in such cases will be made after considering the evidence available.

c. The accused is entitled to one written appeal of any decision rendered based on:

a. New evidence (not available during the initial hearing).

b. Disciplinary action disproportionate to Code of Conduct violation.

c. Denial of due process.

d. Should there be an appeal, any sanction(s) assessed shall be held in abeyance until the appeal is acted upon by the reviewing body or the appeals board.

e. Pending action of the charges, the status of the accused should not be altered or the accused’s right to be present on campus and to attend classes except for reasons relating to the accused’s physical or emotional safety and/or safety or well-being of students, faculty or staff. The Dean of Students or designee of the Vice President for Student Affairs, upon appropriate evidence and/or professional advice, will decide if the continued presence of such an accused would adversely affect the ability of others to pursue their educational goals. This could result in a 10-day interim suspension and/or limitations to student’s/organization’s access to university-owned and/or operated property until a judicial hearing can be convened.

C. Due Process and Procedures for an Informal Hearing

The following procedural guidelines are established for the direction of all informal disciplinary hearings:

1. Notification: The accused shall be notified in writing, via email, or via phone by an appropriate university official of the allegation that the accused has violated the Student Code of Conduct.

2. Review/Response to Charges:

a. The accused shall have the opportunity to review and respond to the charges.

b. The accused shall have the opportunity to respond to the charges and provide additional information relative to the incident/behavior in question.

3. Decisions: The accused will receive a written decision in which facts and reasons are set forth with reasonable specificity, which shall be issued within ten working days of the hearing.

D. Appeals

1. Appeals of disciplinary/drug and alcohol probation or lower sanctions are heard by the Dean of Students or other designee of the Vice President for Student Affairs.

2. Appeals must be filed in writing to The Dean of Students Office three business days after receiving an official written notice of sanction.

3. Appeals may only be heard for the following reasons:

a. New evidence (not available during the initial hearing).

b. Disciplinary action disproportionate to Code of Conduct violation.

c. Denial of due process.

4. The appeal must indicate in detail what new evidence exists that was not available in the initial hearing, details describing why the disciplinary action is disproportionate to Code of Conduct violation, and/or specific area where due process was denied.

5. For any form of disciplinary probation or disciplinary warnings, The Dean of Students or other designee of the Vice President for Student Affairs, will determine whether the criterion for an appeal has been met.

a. If it is determined that any of the criteria have been met then The Dean of Students or other designee of the Vice President for Student Affairs will:

i. Deny the appeal

ii. Uphold decision(s)/sanction(s)

iii. Amend decision(s)/sanction(s)

b. If it is determined that none of the criteria have been met, then the Dean of Students or other designee of the Vice President for Student Affairs will deny the appeal and inform the student/organization in writing.

6. Appeals of suspension or expulsion will be reviewed initially by the Assistant Vice President for Student Affairs or other designee of the Vice President for Student Affairs to determine if the appeal criteria is met.

a. If it is determined that no criteria have been met the Assistant Vice President/designee will deny the appeal and inform the student/organization in writing.

b. If it is determined that any one of the criteria have been met the appeals board will review the written appeal and all documentation contained within the student's or organization's disciplinary file. At that time, the appeals board has the option to:

i. Deny the appeal

ii. Uphold decision(s)/sanction(s)

iii. Amend decision(s)/sanction(s)

IV. Judicial Boards

A. Formal Hearing Board: The formal hearing board is responsible for adjudicating all formal hearings regarding alleged violations of the Student Code of Conduct, which could result in suspension or expulsion.

1. The composition of the formal hearing board will include:

a. A hearing Chairperson (selected by The Dean of Students or other designee of the Vice President for Student Affairs). The role of the Chairperson is to maintain control over the hearing by ensuring orderly and efficient administration of the hearing. Any procedural or process issues are the sole responsibility of the Chairperson. The Chairperson controls all questioning, informing the parties and board members when they may ask questions and determining what questions are allowed. In addition, the Chairperson facilitates discussion, guides Board deliberations, and assists the Board with rendering a decision and applying consistent sanctioning.

b. A five member combination of Bloomsburg University students, faculty, and/or staff, selected by The Dean of Students or other designee(s) of the Vice President for Student Affairs.

i. Board members are responsible for objectively listening to information provided and discussing evidence and statements presented during the hearing process. Upon the conclusion of the hearing process, the Board discusses first whether or not the accused is responsible. If the accused is found responsible, then the board recommends appropriate sanctions, which are then forwarded to The Dean of Students.

ii. Faculty and staff will be selected from a general pool of individuals who have completed a required training.

iii. Students are selected to serve on the board from a pool of interested students who:

a. have completed at least 24 credits

b. maintain a 2.00 GPA

c. maintain good conduct standing

d. complete required training

B. The Appeals Board: The appeals board is responsible for adjudicating all approved formal hearing appeal requests. The composition of the appeals board will include a three-member combination of Bloomsburg University students, faculty, and/or staff, selected by the Assistant Vice President for Student Affairs or other designee of the Vice President for Student Affairs.

C. Special Interim Boards: When warranted, the Assistant Vice President for Student Affairs or other designee of Vice President for Student Affairs has the right to assemble a special panel of faculty and staff (with no less than three-members), with a designated chairperson to address alleged Student Code of Conduct violations.

V. Records

A. All formal hearings shall be recorded by The Dean of Students Office. The Dean of Students Office shall assume custody of these recordings as a part of an accused’s educational/disciplinary record.

B. Any individual or organization involved in a hearing is not permitted to use any type of recording device to record the formal hearing proceedings. Anyone found recording the proceedings will have the device automatically confiscated, may be removed from the proceedings, and may face additional charges/sanctions.

C. Access to recordings:

a. Access to recordings shall be limited to those individuals conducting the hearing, the accuser, the accused, and those University personnel approved by the Dean of Students.

b. To gain access, an accuser or accused must submit, in writing, a request to The Dean of Students.

c. If access is granted an accused/accuser may listen to the recording under the supervision of The Dean of Students Office.

d. No third party requests for access to recordings or records will be honored.

e. No written transcripts or audio copies of the recording will be provided unless subpoenaed by law.

VI. Decisions

A. Student (individual)

After an informal or formal hearing is held regarding general violations of the Student Code of Conduct, excluding an Alcohol Violation (see Section B below) or a Sexual Misconduct Violation (see Section VII(f) below), or an organizational violation (see Section C below) the board or Hearing Chairperson may render one of the decisions listed below:

1. Not a Violation - No violation of policy occurred.

2. Violation - A violation of policy occurred and was proven. In this case, the board or Hearing Chairperson may select from the following sanctions which can be imposed upon a student for a stated specific period of time:

a. Written Warning - An official written reprimand noting that a policy violation occurred, which remains in the student’s disciplinary record. A student may also be issued a written warning in unique circumstances when a policy violation has not been formally proven, but questionable behavior has occurred.

b. Disciplinary Warning - An official university sanction indicating that further violation of university policies shall result in more severe disciplinary action. This warning is imposed for a specific period of time. The student will automatically be removed from this status when the imposed period expires. Various requirements may be added to this status including, but not limited to community service and educational programs.

c. Disciplinary Probation - An official university sanction indicating that further violation of university policies may result in the suspension of an individual student. As a result of disciplinary probation:

i. A student may be restricted from participating in extracurricular activities for a specified time to be determined by the hearing officer or board. Volunteer service, counseling referral, participation in an educational program, community service, and restitution may also be recommended.

ii. A student may not join an organization.

iii. A student may not hold an office or run for an office of an organization on this campus.

iv. A student residing on campus may have their residence hall status reviewed. This may result in removal from the residence hall or being moved to another residence hall.

d. Disciplinary Probation/Suspension in Abeyance – An official university sanction indicating that further violation of university policies will result in the suspension of an individual student.

e. Suspension - A student will be suspended from the university for a specific period of time, not to be less than the remainder of the current semester. Suspension requires that a student remove himself/herself from the university premises (including residential facilities). The student shall not attend classes, social activities or be present on university property during the period of suspension.

f. Interim Suspension – The Vice President for Student Affairs or other designee, upon appropriate evidence, and/or professional advice will decide if the continued presence of such a student would adversely affect the ability of others to pursue their educational goals. This could result in a 10-day interim suspension until a judicial board can be convened and/or limitations to student’s access to university owned and/or operated property.

g. Expulsion - Expulsion implies permanent dismissal from the university with no promise the student may return at any time. The student being expelled may not be present on University property for any reason.

Note: Students failing to complete the provisions of a given sanction may face additional sanctions.

B. Alcohol/Drug Violations (individual/student)

After an informal or formal hearing is held regarding alleged alcohol or drug violations, the board or Hearing Chairperson may render one of the decisions listed below:

1. Not a Violation - No violation of policy occurred.

2. Violation - A violation of policy occurred and was proven. In this case, the board or Hearing Chairperson may select from the following sanctions, which can be imposed upon a student for a stated specific period of time.

a. Written Warning - An official written reprimand noting that a policy violation occurred, which remains in the student’s disciplinary record. A student may also be issued a written warning in unique circumstances when a policy violation has not been formally proven, but questionable behavior has occurred.

b. Alcohol and Drug Disciplinary Probation, Level One - This official sanction is a serious reprimand which includes certain imposed requirements or restrictions on the individual student. This sanction will be imposed for a specific period of time and the individual must petition The Dean of Students Office for removal from disciplinary probation when the imposed time period expires. In addition, the individual may be subject to one or more of the following:

i. The student must complete a set number of community service hours (the number of hours will be determined by the board or the Hearing Chairperson).

ii. The individual must participate in an alcohol or drug education program for which they are responsible for any expenses incurred.

iii. A letter may be sent home to the student’s parent or legal guardian if the student is a financial dependent.

iv. On-campus students will have their residence hall status reviewed, which may result in removal from the residence halls or relocation to a different residence hall.

v. A student may not join a university organization.

vi. A student may not hold an office or run for an office of a university organization.

vii. A student may be restricted from participating in extra-curricular activities for a specified time to be determined by the board or hearing officer.

viii. A student may be required to participate in an educational workshop related to the code violation.

c. Alcohol and Drug Disciplinary Probation, Level Two - This sanction is intended for more severe or repeat violations and expresses the position that further violation(s) may result in suspension or expulsion of the individual. This sanction will be imposed for a specific period of time and the individual must petition The Dean of Students Office for removal from probation. When this sanction is imposed, the following may apply:

i. The student must complete 20 to 40 hours of university or community service (the number of hours of community service will be determined by board or hearing officer).

ii. The individual must participate in a more intensive alcohol or drug education program for which they are responsible for any expenses incurred.

iii. A letter may be sent home to the student’s parent or legal guardian if the student is a financial dependent.

iv. The student will be required to be evaluated by a certified drug/alcohol counselor. Any expenses incurred will be the responsibility of the student.

v. On-campus students will have their residence hall status reviewed, which may result in removal from the residence halls or relocation to a different residence hall.

vi. A student may not join a university organization.

vii. A student may not hold an office or run for an office of a university organization.

viii. A student may be restricted from participating in extra-curricular activities for a specified time to be determined by the board or hearing officer.

d. Disciplinary Probation or Alcohol & Drug Level Two Probation/Suspension in Abeyance –An official university sanction indicating that further violation of university policies will result in the suspension of an individual student. Various requirements may be added to this status including, but not limited to community service and educational programs.

e. Suspension - A student will be suspended from the university for a specified period of time not to be less than the remainder of the current semester. Suspension requires that a student remove himself/herself from the university premises, not to attend classes, social activities or be present on university property during the period of suspension. Upon return to campus, a student who has been suspended must meet the requirements of Disciplinary Probation, Level Two. Also, note that a letter may be sent home to the student’s parent or legal guardian if the student is a financial dependent.

f. Interim Suspension- The Dean of Students or other designee of the Vice President for Student Affairs, upon appropriate evidence, and/or professional advice will decide if the continued presence of such a student would adversely affect the ability of others to pursue their educational goals. This could result in a 10-day interim suspension until a judicial board can be convened and/or limitations to student’s access to university owned and/or operated property.

g. Expulsion - Expulsion is permanent dismissal and separation from the university. The student being expelled may not be present on university property for any reason. Also, note that a letter may be sent home to the student’s parent or legal guardian if the student is a financial dependent.

Note: Students failing to complete the provisions of a given sanction may face additional sanctions.

C. Organization Sanctions

After an informal or formal hearing is held regarding alleged Student Code of Conduct violations by an organization, the board or Hearing Chairperson may render one of the decisions listed below:

1. Not a Violation - No violation of policy occurred.

2. Violation - A violation of policy occurred and was proven. In this case, the board or Hearing Chairperson may select from the following sanctions, which can be imposed upon a student or organization for a stated specific period of time.

a. Organizational Written Warning - An official written reprimand.

b. Organizational Disciplinary Warning - An official university sanction indicating that further violation of university policies shall result in more severe disciplinary action. This warning is imposed for a specific period of time. The organization will automatically be removed from this status when the imposed period expires. Various requirements may be added to this status including but limited to community service and educational programs.

c. Organizational Probation, Level One - A probation indicating that further violations of regulations shall result in more serious disciplinary action. The organization will be placed on probation for a specified period of time, not to be less than five months. After the specified period of time expires and all conditions have been met, the organization may request that probation be removed by The Dean of Students Office. Individuals who are in violation of the University Alcoholic Beverage Policy will face individual sanctions as outlined in the student section. Individuals, who are representing the group, risk suspension from the organization. Also, the organization will be subject to the following:

i. The organization must plan and sponsor an alcoholic beverage education program for its members and have it approved by The Dean of Students Office.

ii. The organization will be required to perform a specified number of hours of community service, not to be less than thirty hours, as assigned and/or approved by The Dean of Students Office.

iii. The organization may be restricted from hosting activities in which alcoholic beverages are served.

d. Organizational Probation, Level Two - A probation indicating that further violations may result in the suspension of the organization. The organization will be placed on probation for a specified period of time, not to be less than five months. After the specified period of time expires and all conditions have been met, the organization may request that the probation be removed through The Dean of Students Office. Also, the organization will be subject to all of the following:

i. The organization loses the opportunity to conduct fund raisers.

ii. The organization loses the privilege to represent the university in any capacity (social, academic, performing, athletics, intramurals).

iii. The organization will lose the right to use university facilities.

iv. The organization may not host, co-host, or participate in any social activities for at least one semester.

e. Suspension of Recognition - Suspension of recognition includes an organization’s immediate loss of all rights and privileges associated with university recognition, complete suspension of all organizational activities, and may include conditions for reinstatement of recognition. The organization will be notified that they are no longer recognized by the university for a specified period of time. An organization that violates the terms of the suspension may be subject to removal of recognition.

f. Revocation of Recognition - Revocation of recognition includes an organization’s permanent loss of university recognition. Organizations that violate policies and regulations and/or the terms of any previous disciplinary action are subject to permanent loss of recognition.

Note:

  • Activities of the organization for past years will be taken into account when applying the above sanctions.
  • Organizations failing to complete the provisions of a given sanction may face additional sanctions.
  • When members of an organization are found in violation of the drug policy at the organization’s house, meetings, social functions or other activities, the violation will reflect upon the entire organization. The organization as well as the individuals involved will be sanctioned at Alcohol & Drug Disciplinary Probation Level Two. The organization may have its charter suspended. The individuals may also be suspended from the university.

VII. Sexual Misconduct Judicial Procedures

The following definitions apply to complaints of sexual misconduct:

1. CONSENT: “Consent” means words or actions that demonstrate an affirmative, knowing and voluntary agreement to engage in a mutually agreed-upon sexual act. Consent must be informed and freely given. Consent is invalidated when it is forced, coerced, or when a person is physically and/or mentally incapable of giving consent. For example, a person who is substantially impaired by drugs or alcohol may not be able to consent. Some signs of substantial impairment may include, but are not limited to, loss of balance/inability to walk without stumbling, slurred speech, inability to focus their vision, vomiting, erratic or extreme behavior, knowledge of person’s significant use of drugs or alcohol, or passing out.

Consent is an active, on-going process. It can be withdrawn at any time, and consent for one sexual act does not imply consent for another subsequent sexual act. Consent, a lack of consent or a withdrawal of consent can be expressed by words or actions or both. For example, verbal silence or the absence of physical resistance does not automatically mean someone has consented to a sexual act; nor is physical resistance required for a person to verbally communicate a lack of consent or to withdraw consent.
In reviewing an allegation of sexual misconduct, consent is a critical factor in determining whether there is a violation of this policy. Although all parties must give their consent to any sexual act and it is the best practice for both partners to be responsible for confirming that they have obtained the other’s consent, it is the responsibility of the person initiating the sexual act to obtain consent from the other.

During a Formal Hearing Process, the Hearing Chairperson or hearing board may examine the issue of consent from a variety of perspectives, including whether the accused believed he or she had obtained consent and whether a reasonable person would have believed that he or she had obtained consent. Although neither perspective is outcome-determinative for every case, students are strongly advised to be mindful of and conduct themselves according to the reasonable person standard and to avoid any ambiguity in obtaining and giving consent.

The following are clarifying points:

  • Consent is required each and every time there is sexual activity;
  • Consent to some levels of sexual activity does not imply consent to all levels of sexual activity. Each new level of sexual activity requires consent;
  • A current or previous dating or sexual relationship with the initiator (or anyone else) does not constitute consent;
  • Being intoxicated does not diminish one’s responsibility to obtain consent;
  • Silence, passivity, or lack of active resistance is not consent;
  • Intentional use of alcohol/drugs does not imply consent to sexual activity;
  • Seductive dancing or sexy/revealing clothing does not imply consent to sexual activity;
  • Anyone under the age of 16 cannot give consent;

2. INCAPACITATION: An incapacitated individual cannot give consent. Incapacitation can result from a psychological health condition, voluntary or involuntary intoxication, or use of any drug, intoxicant or controlled substance.

An individual must not engage in sexual activity with another person if the individual knows or should have reasonably known that the other person is incapacitated. An individual is considered incapable of giving effective consent when s/he lacks the ability to appreciate the fact that the situation is sexual, and/or cannot rationally and reasonably appreciate the nature and extent of that situation. One who is unconscious, unaware, asleep, or otherwise helpless, is incapable of giving consent.

3. SEXUAL HARASSMENT: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other harassing conduct of a sexual nature whether intentional or not.

Sexual harassment occurs when:

  • Submission to the unwelcome conduct of a sexual nature is made either explicitly or implicitly a term or condition of an individual’s employment or status in a course, program, or activity; or
  • Submission to or rejection of the unwelcome conduct of a sexual nature by an individual is used as the basis for an academic or employment-related decision affecting such an individual; or
  • The unwelcome conduct of a sexual nature is sufficiently severe, persistent, or pervasive as to substantially limit or interfere with an individual’s work, educational performance, participation in extra-curricular activities, or equal access to the University’s resources and opportunities; or
  • Sexual violence is a form of sexual harassment. Sexual violence refers to physical acts perpetrated without a person’s consent or where a person is incapable of giving consent due to the victim’s use of drugs, alcohol, or disability. Physical sexual acts include rape, sexual assault, and sexual exploitation. Such contact creates an intimidating, hostile, or abusive living, working, or educational environment.

4. SEXUAL ASSAULT/RAPE: Sexual assault, including rape, is any type of sexual act directed against another person that occurs without the consent of the victim, including where the victim is incapable of giving consent.

Rape is any penetration, no matter how slight, of the vagina or anus with any object or body part, or oral penetration by a sex organ by a person of any gender or sexual orientation that is without consent.

5. SEXUAL EXPLOITATION: Sexual exploitation occurs when a person takes non-consensual or unjust sexual advantage of another for their own advantage or benefit, or to benefit another other than the one being exploited.

Examples of sexual exploitation include, but are not limited to,

  • non-consensual video, photographing, or audio-taping of sexual activity;
  • non-consensual distribution of a video, photograph, or sound recording of sexual activity;
  • non-consensual photographing of nudity;
  • non-consensual distribution of a nude photograph;
  • going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
  • engaging in peeping or indecent exposure;
  • inducing incapacitation through alcohol or drugs in order to sexually assault another person (whether or not sexual contact actually takes place); an example could include spiking someone’s drink.

6. STALKING: Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to – (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress. For the purpose of this definition:

a. “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

b. “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

c. “reasonable person” means a reasonable person under similar circumstances and with similar identity to the victim

Cyberstalking is another form of stalking where a person engages in a course of conduct using the Internet, e-mail, or other electronic communications devices to pursue or track another person that would cause a reasonable person to – (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

Stalking can include, but is not limited to:

  • unwanted telephone calls
  • unwanted letters, e-mails, or other forms of communication/messaging
  • unwanted or threatening gifts
  • pursuing or following a person without his or her consent
  • unwanted appearances at a person’s place of residence, school, or work surveillance or other types of observation
  • use of electronic devices or software to track or obtain private information

7. DATING VIOLENCE: Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the following factors: the length of the relationship; the type of relationship; the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence.

8. DOMESTIC VIOLENCE: Domestic violence is defined as violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse or someone similarly situated to a spouse, or by any other person from whom the victim is protected under the domestic or family violence laws in the jurisdiction in which the act occurred.

The accused and the complainant involved in the case are entitled to a prompt, fair, and impartial investigation and resolution within sixty days of a report being filed with The Office of Social Equity or The Dean of Students Office.

Informal Complaint Process: The purpose of the informal resolution process is to encourage the reporting of complaints concerning non-violent sexual misconduct and to facilitate satisfactory resolution of the complaint as quickly as possible. Informal resolution is not available for complaints of sexual assault, dating violence, domestic violence and stalking, and may not be appropriate depending on the factual circumstances. A complainant may directly file an informal complaint with the Dean of Students Office who will screen the complaint and make an initial determination of whether the allegations are appropriate for informal resolution.

If the allegations are not appropriate for informal resolution, the Dean of Students Office will inform the complainant that a formal complaint must be filed. If the allegations are appropriate for informal resolution, the Dean of Students or designee will meet with the complainant and the accused, along with their advisors, to resolve the complaint. This meeting may be held separately or with all parties. Informal resolution is voluntary and either party has the opportunity to withdraw at any time and the complainant may proceed with a formal complaint.

If an agreement is reached, the Dean of Students or designee will provide a written statement of the resolution to the Title IX Coordinator and to both parties. If agreement is not reached, the Dean of Students or designee will inform the complainant of his/her right to file a formal complaint and will inform the Title IX Coordinator of the outcome.

Formal Complaint Process

Once a complainant files a formal sexual misconduct report an initial fact-finding investigation will be conducted by a trained investigator designated by the Office of Social Equity or The Dean of Students Office. The investigator will speak with the complainant, the accused, and additional individuals with knowledge related to the alleged misconduct. The investigator will also review related evidence such as text messages, phone records, emails, photographs or videos. The investigator will draft a factual summary of each person’s statement and a list of evidence, noting the source of that evidence. To the extent possible, a copy of all evidence to be included in the report will be attached to the report. The investigator’s report will then be provided to both the complainant and the accused. Within 5 business days of receiving the report, either party may submit a written response to the report noting any discrepancies or additional information.

In some instances, after the accused is presented with a formal charge he or she may wish to accept responsibility without a hearing. The Dean of Students or designee will then determine an appropriate sanction and will inform the complainant and the accused of the proposed sanction. Where the complainant and accused agree with the sanction, both will be required to sign a statement of agreement and waiver of any right to appeal. Where either the complainant or the accused do not agree with the proposed sanction, either may insist on a formal hearing and both parties will then retain the right to appeal the outcome of the hearing.

For all other complaints, a formal hearing will be held before the formal hearing board. All hearings are closed and information will be shared only with the necessary decision makers. The purpose of a hearing is to hear the facts and circumstances of the alleged incident and to accept all evidence offered by the complainant and the accused. In determining whether a sexual misconduct violation has occurred, the judicial board applies a preponderance of the evidence standard. That is, the judicial board must determine if the testimony and evidence presented suggests that it is more likely than not that sexual misconduct has occurred.

The University reserves the right to hold a hearing even where the accused or the complainant do not attend (“in absentia”) whenever necessary and appropriate. If the hearing is held in absentia, the accused will not have the opportunity to respond to the alleged violation(s). If the initial complainant or victim is unable or unwilling to participate, the University may proceed as the complainant where necessary to provide a safe and nondiscriminatory environment for all students.

The Hearing Chairperson is a non-voting member selected by The Dean of Students or other designee of the Vice President for Student Affairs. The role of the Chairperson is to maintain control over the hearing by ensuring orderly and efficient administration of the hearing. Any procedural or process issues are the sole responsibility of the Chairperson. The Chairperson controls all questioning, informing the parties and board members when they may ask questions and determining what questions are allowed. In addition, the Chairperson facilitates discussion, guides Board deliberations, and assists the Board with rendering a decision and applying consistent sanctioning. Anyone who displays disorderly or disruptive behavior and refuses to comply with the request of the hearing Chairperson during a hearing will be asked to leave the hearing and could be subject to disciplinary action.

Hearing Chairpersons, the University formal hearing board, the appeals board, and special interim boards have full delegated authority from the President of the University to hear student disciplinary cases.

Formal Complaint Procedural Guidelines

The following procedural guidelines are established for the direction of all sexual misconduct formal disciplinary hearings:

1. Notification:

a. The accused and the complainant shall be notified in writing by an appropriate university official that of the alleged violation(s) of a university policy(s) and of how the alleged violation(s) came to The Dean of Students Office’s attention.

b. The complainant and accused shall receive written notification of the time and place of the hearing at least 3 business days prior to the hearing.

c. The complainant and accused shall receive written statement of charges, with sufficient particularity to enable the accused to prepare for the hearing, at least 3 business days prior to a hearing.

d. The complainant and accused shall receive notification of all hearing rights, procedures, and responsibilities regarding the disciplinary process.

e. The complainant and accused shall receive written notification of the hearing results within 10 business days of the conclusion of the hearing.

f. The complainant and accused shall receive written notification of an appeal decision within 20 business days after filing the appeal.

2. Witnesses:

a. The complainant and accused have the right to appear in person and to present information regarding the allegations in the complaint and to call witnesses on their behalf.

b. If witnesses are appearing, the complainant and accused must present in writing the names of the witnesses at least 2 business days prior to the hearing to The Dean of Students Office.

c. No hearing participant, including the complainant, accused, and any witnesses, will be required to answer any question posed.

3. Advisor:

d. The complainant and accused have the right to be accompanied by one advisor of their choice during any part of the disciplinary proceedings. The University reserves the right to utilize legal counsel.

e. An advisor may be a faculty, staff or student of the university, legal counsel, parent/guardian, or advisor of record for an organization. The University discourages using an advisor who will also be serving as a witness.

f. If the complainant and/or accused wishes to have an advisor, formal written notification must be received by the Dean of Students at least 2 business days prior to the hearing.

g. The advisor may provide individual consultation to the accused or complainant being represented and may suggest questions to that individual. However, the advisor may not directly question any participant, including the complainant, the accused, witnesses, board members, or the hearing officer.

d. In consideration of the limited role of an advisor and of the compelling interest of the University to expeditiously conclude the matter, the work of the hearing board will not - as a general practice - be delayed due to the unavailability of an advisor.

4. Formal Hearing Board

a. The formal hearing board is responsible for adjudicating all formal hearings regarding alleged violations of the Student Code of Conduct, which could result in suspension or expulsion.

b. The composition of the formal hearing board will include:

i. a Chairperson and

ii. a five member combination of Bloomsburg University students, faculty, and/or staff, selected by The Dean of Students or other designee of the Vice President for Student Affairs.

1. Students are selected to serve on the board from a pool of interested students who:

a. have completed at least 24 credits

b. maintain a 2.00 GPA

c. maintain good conduct standing

d. complete required training

2. Faculty and staff will be selected from volunteers, and will have completed required training.

iii. The Chairperson (selected by The Dean of Students or other designee of the Vice President for Student Affairs): The role of the Chairperson is to maintain control over the hearing by ensuring orderly and efficient administration of the hearing. Any procedural or process issues are the sole responsibility of the Chairperson. The Chairperson controls all questioning, informing the parties and board members when they may ask questions and determining what questions are allowed. In addition, the Chairperson facilitates discussion, guides Board deliberations, and assists the Board with rendering a decision and applying consistent sanctioning.

iv. The Board Members: board members are responsible for objectively listening to information provided and discussing evidence and statements presented during the hearing process. Upon the conclusion of the hearing process, the board discusses first whether or not the accused is responsible. If the accused is found responsible, then the board recommends appropriate sanctions, which are then forwarded to The Dean of Students.

c. The complainant and accused will be notified of the members of the respective board at least 3 business days in advance of the scheduled hearing. A request to disqualify a board member whom the complainant or accuser feels is biased or otherwise involved in the case must be submitted in writing to the Chairperson and must state the reason for seeking disqualification. A challenge to the Chairperson should be submitted to the Vice President for Student Affairs or other designee. The Chairperson or The Vice President for Student Affairs or other designee will determine the final composition of the board.

5. Formal Hearing Process: Outlined below is an example of the standard formal hearing process.

a. Introduction

1. Chairperson informs all that the proceedings will be recorded.

2. Chairperson states date/time/location/purpose of the hearing for the record.

3. Chairperson asks members of the board to introduce themselves for the record. The complainant and the accused are asked if they object to any members of the board.

4. Chairperson has complainant and accused introduce themselves for the record. Advisors, if any, introduce themselves at this time.

5. The complainant or accused may elect not to appear for the hearing. The failure to appear must be noted without prejudice. The decision in such cases will be made after considering the evidence available.

b. Charges and Statement of the Case

1. Chairperson reads the charges of policy violations brought against the accused.

2. Chairperson asks the accused to respond to each charge by saying that s/he is “responsible” or “not responsible”.

3. The Chairperson then asks the complainant or individual presenting charges to state his/her case. The complainant may speak from memory or read a written statement, whichever s/he prefers.

c. Questioning

1. The Chairperson will then instruct the board that they may now ask questions regarding the information presented by the accuser. Once the board is finished with their questions, the Chairperson will ask the accused if s/he has any questions regarding the information presented. All questions from the accused must be presented to the Chairperson and will be asked by the Chairperson at his/her discretion. Questions regarding the complainant’s sexual history with anyone other than the accused will not be permitted. The board then has a final opportunity to ask questions of the complainant.

2. The complainant then has an opportunity to call witnesses. The witness may make a statement and the complainant then has an opportunity to ask questions of his/her witness. Once the complainant’s questions are complete, the board may ask questions and the accused may submit questions to the Chairperson who will ask the questions at his/her discretion. The same process is repeated until all witnesses for the complainant are called and have presented their information.

3. The accused then has the exact same opportunity to present evidence as set forth in (a) and (b) above and the complainant may submit questions to the Chairperson.

d. Final Statement

1. The complainant and the accused are each permitted, if they wish, to make a final statement.

2. Once final statements are finished, the Chairperson dismisses the parties involved and ends the recording.

e. Decisions:

1. The board immediately convenes following a formal hearing to discuss and reach a decision by majority vote.

2. The board applies a preponderance of the evidence standard. That is, the judicial board must determine if the testimony and evidence presented is sufficient to make a reasonable person believe that it is more likely true than not that sexual misconduct has occurred.

3. After a hearing the board may render one of the decisions listed below:

i. Not a Violation - No violation of policy occurred.

ii. Violation - A violation of policy occurred and was proven by a preponderance of the evidence. In this case, the board may select from the sanctions noted below which can be imposed upon an accused for a stated specific period of time.

4. The decision is then forwarded to the Dean of Students in the form of a recommendation. The recommendation will be checked for appropriateness and severity.

5. Generally within 10 business days, the Dean of Students will write a formal letter to the complainant and the accused regarding the decision, setting forth the facts and reasoning with reasonable specificity. The Dean of Students or designee then arranges to separately meet with the complainant and the accused to deliver and discuss the decision.

f. Sanctions: Where a violation is found by a preponderance of the evidence, the board may impose any one or more of the following sanctions:

1. Written Warning - An official written reprimand noting that a policy violation occurred, which remains in the accused’s disciplinary record.

2. Disciplinary Warning - An official university sanction indicating that further violation of university policies shall result in more severe disciplinary action. This warning is imposed for a specific period of time. The accused will automatically be removed from this status when the imposed period expires. Various requirements may be added to this status including, but not limited to community service and educational programs.

3. Disciplinary Probation - An official university sanction indicating that further violation of university policies may result in the suspension of an individual student. Various requirements may be added to this status including, but not limited to community service, educational programs, and loss of on campus housing privileges.

4. Disciplinary Probation/Suspension in Abeyance – An official university sanction indicating that further violation of university policies will result in the suspension of the accused. Various requirements may be added to this status including, but not limited to community service, educational programs, and loss of on campus housing privileges.

5. Suspension – An accused will be suspended from the university for a specific period of time, not to be less than the remainder of the current semester. Suspension requires that the accused remove himself/herself from the university premises (including residential facilities). The accused shall not attend classes, social activities or be present on university property during the period of suspension.

6. Expulsion - Expulsion implies permanent dismissal from the university with no promise the accused may return at any time. The accused individual being expelled may not be present on University property for any reason.

g. Interim Status:

1. Pending action of the charges, the status of the accused should not be altered or the accused’s right to be present on campus and to attend classes except where the student’s continued presence constitutes an immediate threat of harm to the student, other students, university personnel or university property.

2. The Office of the Vice President for Student Affairs or other designee of the Vice President for Student Affairs, upon appropriate evidence and/or professional advice, will determine if an interim suspension and/or limitations to an accused’s access to university-owned and/or operated property is warranted.

h. Appeals

1. The complainant and the accused are permitted one appeal. The appeal must be filed in writing to The Dean of Students Office within 3 business days after receiving an official written notice of sanction.

2. The Appeals Board: The appeals board is responsible for adjudicating all formal hearing appeal requests. The composition of the appeals board will include a three-member combination of Bloomsburg University students, faculty, and/or staff, selected by the Assistant Vice President for Student Affairs or other designee of the Vice President for Student Affairs.

3. Any sanction(s) assessed shall be held in abeyance until acted upon by the appeals board or reviewing body.

4. Appeals may only be heard for the following reasons:

i. New evidence (not available during the initial hearing).

ii. Disciplinary action disproportionate to Code of Conduct violation.

iii. Denial of due process.

5. The appeal must indicate in detail what new evidence exists that was not available in the initial hearing, details describing why the disciplinary action is disproportionate to Code of Conduct violation, and/or specific area where due process was denied.

6. For any form of disciplinary probation or disciplinary warnings:

i. The Dean of Students or other designee of the Vice President for Student Affairs will determine whether the requirements for an appeal have been met.

ii. If it is determined that none of the requirements have been met, then the Dean of Students or designee will deny the appeal and inform the complainant and the accuser in writing within 10 business days.

iii. If it is determined that any one of the requirements has been met, then the Dean of Students or other designee of the Vice President for Student Affairs will inform the complainant and the accused in writing within 10 business days that the appeal will be considered by the appeals board.

iv. If it is determined that any one of the requirements has been met, the appeals board will review the written appeal and may review the hearing record. The appeals board has the option to:

1. Deny the appeal

2. Uphold decision(s)/sanction(s)

3. Amend decision(s)/sanction(s)

7. For appeals of suspension or expulsion:

i. The Assistant Vice President for Student Affairs or other designee of the Vice President for Student Affairs will determine if the appeal requirements have been met.

ii. If it is determined that none of the requirements have been met, the Assistant Vice President or designee will deny the appeal and inform the accused and/or complainant in writing within 10 business days.

iii. If it is determined that any one of the requirements has been met, the appeals board will review the written appeal and all documentation contained within the accused’s disciplinary file. At that time, the appeals board has the option to:

1. Deny the appeal

2. Uphold decision(s)/sanction(s)

3. Amend decision(s)/sanction(s)

iv. All meetings of the appeals board are closed.

8. Where the requirements for an appeal have been met, decisions of the appeals board will be rendered in most cases within 20 business days of receipt of the appeal and the complainant and the accused will be notified in writing of the results.

i. Records:

1. All formal hearings shall be recorded by The Dean of Students Office. Board deliberations will not be recorded. The Dean of Students Office shall assume custody of recordings as a part of a complainant /accused’s educational/disciplinary record.

2. Anyone involved in a hearing is not permitted to use any type of recording device to record the formal hearing proceedings. Anyone found recording the proceedings will have the device automatically confiscated, may be removed from the proceedings, and may face additional charges/sanctions.

3. Access to recordings:

i. Access to recordings shall be limited to those individuals conducting the hearing, the complainant, the accused, and those University personnel approved by the Vice President for Student Affairs.

ii. To gain access, a complainant or accused must submit, in writing, a request to The Dean of Students.

1. If access is granted an accused/complainant may listen to the recording under the supervision of The Dean of Students Office.

iii. No third party requests for access to recordings or records will be honored.

iv. No written transcripts or audio copies of the recording will be provided unless subpoenaed by law.