The Pilot - Dean of Students

Student Handbook

The Pilot - Dean of Students


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 the Bloomsburg University, are subject to interim suspension pending a judicial hearing (examples include but are not limited to:  furnishing alcohol to minors, selling or providing drugs or controlled substances, rape, and sexual assault).

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 policy violations:

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 handled by the appropriate faculty member and/or through the Dean of Students Office.

B. Alcohol – A violation of the University Alcohol 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. 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. This includes entering a residence hall through any door other than the main entrance to the building at any time.

D. Computer and Network Misuse - A violation of the University Computer and Network Policy (PRP 3700) 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 – The misuse of 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 PRPs.

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 (PRP 6814) and the Student Harassment Policy and (PRP 4020) 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. This includes stalking.

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 3.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/arrested by a law enforcement agency.  Students who are cited/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, 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 Offenses

1. Sexual harassment

Sexual harassment is a form of sex discrimination prohibited by Title IX of the Education Amendments of 1972 and is a violation of the Student Code of Conduct.  Sexual harassment of students, which includes acts of sexual violence (including, but not limited to, rape, sexual assault, sexual harassment and sexual exploitation) is a form of sex discrimination prohibited by Title IX and includes physical sexual acts: against a person's will, where a person is incapable of giving consent as a result of his/her use of drugs or alcohol, or where an individual is unable to give consent due to an intellectual or other disability.

2. Sexual Misconduct

A. Non-Consensual Sexual Intercourse:  No person shall commit, or attempt to commit a rape. Rape (date, acquaintance, and stranger) includes all acts of non-consensual sexual intercourse involving any penetration of a bodily cavity with a foreign object, tongue, digit, or genitalia. A rape occurs when imposed under any of the following circumstances: 

- When the complainant is incapable of giving legal consent for mental, developmental, or physical reasons and this fact is known or reasonably should have been known by the person committing the act;
- When the act is committed without the person's explicit consent or is against the person's wishes. Rape incorporates any or all of the following: the use of force, threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm;
- When the complainant is prevented from consenting or resisting because of incapacitation, intoxication or unconsciousness at the time of the act.

B. Non-Consensual Sexual Conduct

a.  Sexual Assault: No person shall engage in, or attempt to engage in, a sexual assault. Sexual assault is the imposition of non-consensual sexual conduct (excluding rape). It includes, but is not limited to caressing, fondling, or touching a person's genitalia, buttocks, or breasts. It shall also be considered sexual assault when the victim is compelled to caress, fondle, or touch the assailant's genitalia, buttocks, or breasts.

b. Sexual Contact: Any non-consensual, intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

C. Sexual Exploitation:

Sexual exploitation is taking non-consensual sexual advantage of another (including but not limited to in-person and via electronic means).  Sexual exploitation includes, but is not limited to:

- prostituting another student

- causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over another person

- the non-consensual recording, photographing, or transmitting of identifiable images of private sexual activity and/or intimate body parts (including genitalia, groin, breasts and/or buttocks)

- knowingly allowing another person to surreptitiously watch otherwise consensual sexual activity

- engaging in non-consensual voyeurism

- knowingly transmitting or exposing another student to sexually transmitted infection or diseases without the knowledge of the student

- exposing one's genitals or other sexually-based content in non-consensual circumstances or inducing another to expose their genitals

- sexually-based stalking and/or bullying

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. Incident Report

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 a student/organization wishes to file charges against another 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, witnesses who were present, and the relevant section of the Student Code of Conduct.Student Affairs professional staff members may require a student/organization to report for a discussion relative to an alleged infraction. During this conference, 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 - Students/organizations have the right to choose between a formal hearing before a board or an informal hearing before a designated hearing officer. A waiver form must be completed when an informal hearing is requested.  For violations that could result in a suspension or expulsion, students/organizations may not have the option of an informal hearing and may be required to participate in a formal hearing process.

The University reserves the right to continue a hearing in absentia. If the hearing is held in absentia, the student/organization will not have the opportunity to respond to the alleged violation(s), and this could result in the student/organization being subject to additional disciplinary action. The University reserves the right to continue a hearing whenever necessary and appropriate.

The Hearing Officer/Chairperson (non-voting member) shall be responsible for maintaining order and room decorum during hearings. All hearings are closed and confidential proceedings. Any student/organization who displays disorderly or disruptive behavior and refuses to comply with the request of the hearing officer during a hearing will be asked to leave the hearing and could be subject to disciplinary action. Hearing officers, the University Conduct Board, the Conduct 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:

1. Notification:

a. The student/organization shall be notified in writing by an appropriate university official that the student/organization is accused of violating a 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:

  1. Written notification of the time and place of the hearing at least 72 business hours prior to the hearing.
  2. Written statement of charges of sufficient particularity to enable the accused to prepare for the hearing.
  3. 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:

A student/organization charged with a violation has the right to appear in person and to present information regarding the violations and to call witnesses in the student’s/organization’s behalf. The student/organization as well as the Board shall have the opportunity to hear and question all witnesses. If witnesses are appearing, the student/organization 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.  A student/organization 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. (The University reserves the right to utilize legal counsel.) If a student/organization wishes to have an advisor, formal written notification must be received by the Dean of Students 48 business hours prior to the hearing.

b. Students/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: 
- The advisor may make a brief opening and/or closing statement as determined by the presiding hearing officer.
- The advisor may suggest questions and provide individual consultation to the student/organization being represented; however, the advisor may not direct questions to the accuser, the accused, witnesses, board members, or to 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. Decisions:

The student/organization 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. (Note: The accuser only receives this information in cases involving violent crimes. In other incidents, the accuser has the right to receive a written decision which sets forth facts and reasons for findings without identifying the accused by name or revealing the results or final recommended action.)

5. Additional Student/Organization Rights:

a.  The student/organization may request the disqualification of a hearing officer and/or board member whom the student/organization feels is biased or otherwise involved in the case at the beginning of the proceedings.

b. The student/organization may refuse to answer questions. The accused may also elect not to appear. Should the student/organization 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 student/organization may be entitled to one written appeal of any decision rendered. However, the accuser may only appeal a denial of due process rights. Should there be an appeal, any sanction(s) assessed shall be in abeyance until acted upon by the reviewing body or the Appeals Board.

d. Pending action of the charges, the status of the student/organization should not be altered or the student’s/organization’s right to be present on campus and to attend classes except for reasons relating to the student’s/organization’s physical or emotional safety and/or safety or well-being of students or faculty. The Office of the Vice President for Student Affairs or 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/organization 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/organization’s access to university-owned and/or operated property.

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 student/organization shall be notified in writing, via email, or via phone by an appropriate university official that the student/organization is accused of violating the Student Code of Conduct.

2. Review/Response to Charges:

a. The student/organization shall have the opportunity to review and respond to the charges.

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

3. Decisions:  The student/organization 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 must be filed in writing to The Dean of Students Office three business days after receiving an official written notice of sanction.

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

a. New evidence (not considered during the initial hearing).
b. Evidence leading to charges of unfair disciplinary action.
c. Evidence leading to possible denial of rights.

3. The appeal must indicate in detail what new evidence exists which was not considered in the initial hearing, the grounds for claiming unfair disciplinary action, and/or procedural errors made in the initial hearing.

4. For any form of disciplinary probation or disciplinary warnings, The Dean of Students or 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 the criteria has been met then The Dean of Students or designee
i. Deny the appeal
ii. Uphold decision(s)/sanction(s)
iii. Amend decision(s)/sanction(s)

b. If it is determined that the criteria has not been met, then the Dean of Students will deny the appeal and inform the student/organization in writing.

5. Appeals of suspension or expulsion will be reviewed initially by the Assistant Vice President for Student Affairs or designee of the Vice President for Student Affairs to determine if the appeal criterion is met.
a. If it is determined that the criteria has not been met the Assistant Vice President will deny the appeal and inform the student/organization in writing.
b. If any one of the three criteria is 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)
6.  All meetings of the Appeals Board are closed.

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 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.

2. 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 a training session

B. The Appeals Board:  The Appeals Board is responsible for adjudicating all formal hearing appeal requests (except for those within the jurisdiction of the Formal Hearing Board).  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 designee of the Vice President for Student Affairs.

C. Special Interim Boards:  When warranted, the Assistant Vice President for Student Affairs or 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

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 a student’s/organization’s educational/disciplinary record.

A. Students/organizations/others involved in a hearing are not permitted to use any type of recording device to record the formal hearing proceedings. Any student/organization/individual found recording the proceedings will have the device automatically confiscated, may be removed from the proceedings, and may face additional charges/sanctions.

B.  Access to recordings:

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

2. Students/organizations accused of a policy violation may have limited access to the formal hearing recording. Students/organizations may be granted access to portions of the hearing in which they participated.

3. To gain access, a student/organization must submit, in writing, a request to The Dean of Students.

4. No third party requests for access to recordings/records will be honored.

5. No written transcripts or audio copies of the recording will be provided.

VI. Decisions

A. Student (individual)
After an informal or formal hearing is held regarding general violations of the Student Code of Conduct, the board or hearing officer 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 officer may select from the following sanctions which can be imposed upon a student or organization 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.

3.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.

4.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.

5.Interim Suspension – The Vice President for Student Affairs or 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.

6. 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.

Alcohol / Drug Policy

B. Alcohol/Drug Violations (individual/student)
After an informal or formal hearing is held regarding alleged alcohol or drug violations, the board or hearing officer 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 officer 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 10 to 20 hours of university or community service (the number of hours of community service will be determined by the board or the hearing officer). A written description of the service activity must be submitted by the student to the Office of Student Standards. Following the completion of the task, the student must submit a statement signed by the individual or group representative for whom the university or community service was performed.

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). A written description of the service activity must be submitted by the student to The Dean of Students Office. Following the completion of the task, the student must submit a statement signed by the individual or group representative for whom the university or community service was performed.

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.

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.

 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. 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.
- Students found responsible for selling or providing illegal substances will face a minimum of one semester suspension and may face an interim suspension until a hearing can convene.

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 officer 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 officer 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.

- Students/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.

Harassment and Discrimination Policy

Rationale and Policy

Central to the mission of Bloomsburg University of Pennsylvania is the establishment and maintenance of an environment  in which the dignity and worth of all individuals within the institutional community are respected. Therefore,it is the responsibility of each person on campus to respect the personal dignity of others and to demonstrate a basic spirit that precludes unlawful harassment and discrimination. While the university is committed to freedom of thought, discourse,and speech and the attainment  of the highest quality of educational and academic pursuits,the university is compelled to establish this policy on behaviors that would interfere with these freedoms.

Unlawful harassment or discrimination  in any context is unacceptable but of particular concern to an academic community in which students, faculty and staff must rely on bonds of intellectual trust and dependence. Therefore,unlawful harassment or discrimination  will not be tolerated. Those inflicting such behavior on others are subject to the full range of institutional disciplinary actions, up to and including separation from the university,but also any legal action that may accompany such acts.

The policy is available at the Office of Social Equity located in Warren Student Services Center, Room 043 and on the Bloomsburg University of PA web page at http://www.bloomu.edu/policies  procedures

Telephone: (570) 389-4553

Electronic Mail: socialequity@bloomu.edu

Office Hours are: 8:00a.m.- 4:30 p.m.

Definitions

• 1) Sexual harassment is defined as any unwelcome sexual advances, requests for sexual favors or other harassing or physical conduct of a sexual nature, when:

Quid Pro Quo:

• Submission to or rejection of such conduct is made either explicitly or implicitly  a term or condition of an individual's employment or educational advancement, or evaluation, or

• Submission to or rejection of such conduct is used as the basis for employment  or educational advancement, or evaluation.

Hostile Environment:

• Unwelcome sexual advances,requests for sexual favors or physical conduct of a sexual nature when such conduct is so severe,pervasive and objectively offensive so as to have the effect of unreasonably interfering with an individual's work performance,educational performance, or creating a hostile or offensive environment.

Sexual Violence:

• Sexual harassment also includes acts of sexual violence. Sexual violence is defined as physical sexual acts perpetrated  against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol. A number of acts fall into the category of sexual violence,including rape, sexual assault, sexual battery,and sexual coercion.

• Unwelcome behavior occurs when the individual did not solicit or invite conduct, and particularly if s/he indicates that s/he finds the conduct undesirable or offensive. Acquiescence or failure to complain does not mean that the conduct is welcome. However,if an individual actively participates in sexual banter or discussions without  giving an indication that s/he does not like it,it will more than likely not meet the definition of "unwelcome."

•     2) Racial Harassment -Harassing or physical conduct that is directed at an individual because of his/her race, color,national origin or ethnicity,and that is sufficiently severe, persistent or pervasive so as to have the effect of creating an intimidating,hostile,or offensive work or educational environment, which substantially limits or interferes with work or educational performance, or substantially limits or interferes with an individual's employment  or educational opportunities.

•     3} Disability Harassment- Harassing or physical conduct that is directed at an individual because of his/her disablingmental or physical condition,and that is sufficiently severe, persistent or pervasive so as to have the effect of creating an intimidating,hostile,or offensive work or educational environment which substantially limits or interferes  with work or educational performance, or substantially limits or interferes with an individual's employment  or educational opportunities.

•     4) Religious Harassment- Harassing or physical conduct that is directed at an individual because of his/her religion and/or religious beliefs and that is sufficiently severe,persistent or pervasive as to have the effect of creating an intimidating,hostile, or offensive work or educational environment, which substantially limits or interferes  with work or educational performance, or substantially limits or interferes with an individual's employment or educational opportunities.

•     5) Discrimination- Actions based on race, color, religion, sex, age, national origin, ancestry, disability, or veteran status that are sufficiently severe,persistent or pervasive so as to have the effect of substantially limiting or interfering with  one's employment or educational performance or creating an intimidating,hostile or offensive employment or educational environment.

A. Harassment/Discrimination Complaint Procedures

1) Informal Complaint Resolution (Step One)

Given the variety of behaviors covered by this policy,complainants  may elect to begin the complaint process with either the informal complaint resolution or the formal complaint  resolution. If the complainant  elects to begin with the informal complaint resolution, he or she does not waive his or her right to proceed to the formal complaint resolution process should he or she elect to do so. Unsigned written or anonymous oral complaints shall not be processed nor believed to have merit.

The purpose of the informal complaint resolution is to encourage the reporting of complaints concerning harassment or discrimination and to facilitate satisfactory resolution of the complaint without undue anxiety and provocation for the parties involved. An individual making a harassment or discrimination complaint does not have to speak first with his or her supervisor or the accused. However,he or she is encouraged to do so with the assistance of his or her advisor (who may be a Bloomsburg University employee or another student as outlined in the paragraph below) in the presence of the Director of Social Equity.

If a complainant so desires,s/he may waive the informal resolution process and proceed directly to a formal investigation. The Office of Social Equity is designated as the office of referral for information and advice,unless the complaint is against a member of that office. In that case, the complainant should contact the university president. If a complainant desires, s/he may be accompanied to the Office of Social Equity by another Bloomsburg University employee or another Bloomsburg University student who may advise and assist the complainant throughout the resolution process. The advisor can be an advocate of her/his choice and can include, but is not limited  to,a faculty member, an Area Coordinator from Residence Life,Director of Human Resources and Labor Relations,Director of Women'sResource Center, the Chairperson of LGBTA Commission or the Chairperson of the Commission on the Status of Women.

The complainant (and the advisor) may choose to discuss the complaint  with the accused in the presence of the Director of Social Equity in order to reach resolution of the complaint. (In the event that the accused should be from the Office of Social Equity, the complainant may choose to discuss the complaint in the presence of the President.) If the accused is a member of a collective bargaining unit and so desires,a union representative who may advise and assist her/him throughout the resolution process may accompany the accused to the Office of Social Equity. If the accused is not a bargaining unit member and so desires, another Bloomsburg University employee or another Bloomsburg University student who may advise and assist her/him throughout the resolution process may accompany her/him to the Office of Social Equity. The advisor can be an advocate of her/his choice and can include,but is not limited  to, a Residence Hall Director,or  the Chairperson of the Commission on the Status of Women. Informal advisors will not inform other university employees of the complaint. However, officials of collective bargaining units may, at the request of the complainant and if the accused is informed,perform informal investigatory assignments. However,there  is no obligation on the part of the accused to participate in the informal resolution process.

All communications from the Office of Social Equity will be confirmed in writing only to the extent that the dates and times of meetings, the names of individuals present, and whether or not a resolution to the complaint was reached are defined. None of these confirmatory documents shall be a part of either person's personnel files and due process protection  will be afforded both parties.

Personal legal counsel for either party may not be present during either informal or formal complaint resolution.

2) Formal Complaint Resolution (Step Two)

If the complaint cannot be resolved informally,the complainant may file a formal complaint against the accused. Except when the accused is in the Office of Social Equity,the Office of Social Equity will make formal complaint forms available to all offices and departments as noted above. Formal complaints will be investigated and resolved in accordance with the procedures outlined below.

 

' • a. Complaints against a university employee: Complaints against a university employee are filed with the Office of Social Equity, which is responsible for initiating the formal resolution process. The Director of Social Equity will conduct one or more investigation meetings. Formal complaint forms must be filled out and submitted to the Office of Social Equity prior to the investigation meeting(s).

If the accused is a Vice-President,the complainant  shall file with the Office of Social Equity who will investigate and the Office of the President shall make a final determina-tion. Should the accused be from the Office of Social Equity,the Office of the President shall investigate and make a final determination. If the accused is the University President,the Office of Social Equity will communicate and cooperate with the Office of Chief Counsel, PASSHE,to identify the individual or office who will investigate the specific complaint.

The Director of Social Equity will conduct individual investigation meetings with the complainant, the accused,(with their respective advisors if they so desire), and any witnesses who can corroborate or clarify the facts.

The investigation meeting(s) will commence within ten working days after the Director of Social Equity notifies the accused absent extenuating circumstances.

The Director of Social Equity will then forward her or his report along with evidence gathered during the investigation meeting(s) to the supervising Vice-President of the accused, or in the case of faculty,to the President for review and resolution. All investigations of faculty shall proceed in accordance with Article 43 of the Collective Bargain Agreement.

Any formal action against a party as a result of the factual findings in the submitted report shall be taken in accordance with the applicable collective bargaining agreement or the Code of Student Conduct.

• b. Complaints against students:Complaints against students are also made to the Office of Social Equity. A report shall be forwarded to the Office of Student Life and action will be taken in accordance with the Code of Conduct and "Statement of Hearing Procedures" policies. If the accused is from the Office of Social Equity, the Office of the President shall investigate and make a final determination.

B. Protection of Both Parties

• 1. Notice. When the formal investigation process has begun with the filing of a written complaint,copies of the complaint will be forwarded to the accused. If the allegations are not substantiated,the accused shall be informed  in writing by the Director of Social Equity.

• 2. Abuse of Reporting. False and malicious accusations of harassment or discrimination  will not be tolerated and those individuals making them may be subject to university sanctions.

• 3. Retaliatory Actions. Retaliation by the accused or any other university employees and students against the complainant as a result of filing

a harassment or discrimination complaint  will not be tolerated and the individual will be subject to university sanctions.

• 4. Suspension from Employment. If warranted,the President may suspend the accused from his or her primary duties and responsibilities to protect the complainant or prevent harm to others. The suspension will remain in effect until the matter is resolved. Such suspension will be in accordance with the appropriate collective bargaining agreements.

• 5. Failure to cooperate with investigation. If the accused elects not to cooperate with the investigation, the Social Equity Director shall complete the report based on the information in his/her possession.

• 6. Confidentiality and Completed Report. During the complaint process,the university will make every effort to assure confidentiality and protect the due process rights of both individuals. Both individuals shall be fully informed  of the steps taken during the complaint procedures by the Director of Social Equity who conducts the investigation. In addition,both parties shall be informed  within ten working days of the completed report and whether the report has been forwarded to the appropriate vice president or the president. In the event that the complainant may be subject to disciplinary action,a copy of the report will be promptly  provided to that individual.

• 7. Unfounded Report. If the matter is determined as unfounded after the conclusion of an investigation by the Director of Social Equity,the

Office of the President or the individual's supervising Vice-President will issue a letter to that effect and the matter will be deemed closed.

• 8. Notification to Complainant. The complainant shall receive a letter at the conclusion of the investigatory process with a decision made by the President or Vice-President. The letter will outline whether the charge was determined to be founded or unfounded. If founded,the  letter will not list specific disciplinary actions which are part of an individual's personnel file.

C. Sanctions

In all instances,the President or supervising Vice-President retains the sole power and discretion to take formal disciplinary action against an employee or student. Individuals who are found to have violated this policy will be subject to disciplinary actions as set forth  by the applicable Collective Bargaining Agreement,Board of Governor Policy,University Policy, or Code of Student Conduct. Such action against employees could include,but is not limited to, an informal oral reprimand,a  written reprimand or other disciplinary action up to and including termination of employment. Such action against students can include a verbal warning, a written warning,a disciplinary warning, disciplinary probation, disciplinary probation/suspension in abeyance, suspension as expulsion.

A three-member President's Appeal Board will be appointed annually by the Office of the President. The app!;!al board will be comprised of a faculty member,an administrator and a staff member. The complainant and the accused shall be entitled  to one written appeal of any decision rendered. Appeals must be based only on new evidence (not considered during the investigation),evidence  leading to accusations of an inappropriate investigation, or evidence leading to possible denial of due process rights. Such appeal will be heard by the President's Appeal Board, which will forward its recommendation to the President. Appeals shall be filed no later than ten days after the date the decision was rendered. All faculty appeals shall be done in accordance with the Collective Bargaining Agreement.

E. Policy Applicability

Individuals are encouraged to use these complaint  procedures but are not required to do so and may choose to pursue other civil and legal options. Individuals may choose to pursue their complaint through the appropriate Collective Bargaining Agreement grievance procedures. Furthermore, complainants may choose to make use of the procedures of external agencies, i.e. the Pennsylvania Human Relations Commission,the Equal Employment Opportunity Commission, or the Office of the U.S. Department of Education.

These Bloomsburg University harassment/discrimination procedures set forth are not intended to interfere  with any legal rights under the statutes of the Commonwealth of Pennsylvania or the United States of America. In addition, it is not intended to interfere  with any rights an employee may have under their appropriate collective bargaining agreement.

F. Time Frame

In order to give the complainant time to finish a class, a semester, a particular job assignment,an evaluation period or any other similar reason, the complainant may file a formal complaint  of harassment or discrimination  up to one hundred and eighty days following the alleged incident of harassment or discrimination.

Formal complaints filed within this period will be investigated even though the complainant has terminated her or his association with the university.

G. Posting of the Policy

This policy shall be available at the Office of Social Equity in the Warren Student Services Center Building, room #043 and on the university web page at http://www.bloomu.edu/about/govern/pol  idx.htm

H. Consensual Relationships: Rationale  and Policy

The university's educational mission is promoted by professionalism in interpersonal relationships. Since professional relationships are central to the mission and goals of the university,it is essential to establish a standard of expected conduct in these relationships. Personal relationships should not be allowed to conflict with the academic and professional integrity of these interpersonal relationships or to interfere with an individual's work or educational experience.

Specifically,sexual relationships between a university employee and any person(s) s/he supervises are inappropriate and unethical. This category includes,but is not limited  to, relationships between persons in which one partner possesses power over the other partner in relation to his or her conditions of employment  or education.

Although the university cannot enforce absolute prohibition against such relationships, the university community bears a responsibility for maintaining a professional climate free from harassment. Therefore, any employee in a supervisory role who enters into a sexual relationship with a student or another employee enters into that relationship with risk. These persons will be subject to scrutiny if a complaint of harassment is leveled against the "supervisory person" by the "subordinate person" or if a third party brings a complaint.

An individual who has been involved in a consensual sexual relationship  who experienced discrimination as a result of that relationship would file a complaint following those procedures outlined  in Section A of the Harassment Complaint Procedures.

J. Third  Party  Complaints

Instances may arise when the harassing or discriminatory  conduct of a university employee or student interferes with a third party's work or educational environment at the university. In these instances,third party complaints will be investigated. Faculty and staff members who wish to file complaints will follow those procedures outlined  in Section A of the Harassment or Discrimination Complaint Procedures.

K. University Training

The University Harassment & Discrimination Training Program for students,faculty and staff members is an on-line program located at http://training.newmedialearning.com/psh/bloomsburgu/

Appendix

I. Definitions:

Complainant: The person who is alleging the occurrence of harassment and/or discrimination.

Advocate for the Complainant: A person from the Bloomsburg University community (employee or student) who can advise the Complainant and be present when the Complainant files an Informal or Formal complaint. Examples include (but are not limited to): a faculty member,an Area Coordinator from Residence Life,the Director of the Women's Resource Center,The Chairperson of the LGBTA Commission,or the Chairperson of the Commission on the Status of Women. The advocate is strongly encouraged to keep all information about the complaint confidential.

Accused: The person whose actions are alleged to have violated the harassment and/or  discrimination policy.

Advocate for the Accused: A person who can advise the Accused and be present during the resolution process. The Advocate must be from the Bloomsburg University community  (employee or student) or, if the Accused is a member of a collective bargaining unit,a union representative. The advocate is strongly encouraged to keep all information about the complaint confidential.

II. Summaries of Complaint Processes Per Policy

1. Complaints against: University students

File complaint at: The Office of Social Equity

Process: The Director of Social Equity will conduct investigation meetings within 10 working days of informing the Accused of the complaint absent extenuating circumstances. After investigating the complaint, the Director of Social Equity will forward his or her report and any evidence gathered to the Office of Student Life. Action will be taken in accordance with The Code of Conduct and Statement of Hearing Procedures.

2. Complaints against: A University Employee (except Vice Presidents, individuals from the Office of Social Equity, or University President) File complaint at: The Office of Social Equity

Process: The Director of Social Equity will conduct investigation meetings within 10 working days of informing the Accused of the complaint

absent extenuating circumstances. After investigating the complaint, the Director of Social Equity will forward his or her report and any evidence gathered to the Accused's supervising Vice- President, or in the case of an accused faculty member,to  the Office of the President,for review and resolution. All investigations of faculty will proceed in accordance with Article 43 of the Collective Bargaining Agreement. Any formal action to be taken against a party as a result of the report and gathered evidence will be taken in accordance with the applicable collective bargaining agreement.

3. Complaints against: A University Vice President

File complaint at: The Office of Social Equity

Process: The Director of Social Equity will conduct investigation meetings within 10 working days of informing the Accused of the complaint absent extenuating circumstances. After investigating the complaint, the Director of Social Equity will forward his or her report and any evidence gathered to the Office of the President for review and final determination.

4. Complaints against: An individual from The Office of Social Equity

File complaint at: The Office of the President

Process: The Office of the President will conduct investigation meetings within 10 working days of informing the Accused of the complaint absent extenuating circumstances. After investigating the complaint,the University President will make a final determination.

5. Complaints against: The President of the University

File complaint at: Office of Social Equity

Process: The Office of Social Equity will inform the accused of the complaint absent extenuating circumstances and communicate and cooperate with the Office of Chief Counsel,PASSHE, within 10 working days to identify the individual or office who will investigate the specific complaint.

Hazing Policy

Introduction Hazing of any member or prospective member of a group or organization is a counterproductive and hazardous custom, which has no rightful place in any university group or organization. Hazing at the least demeans the individuals involved and may jeopardize human life. The practice of hazing is a violation of the State Anti-Hazing Law. Any person who causes or participates in hazing commits a misdemeanor of the third degree. Hazing is also strictly prohibited at Bloomsburg University. Definition Hazing is defined as any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of or recognized as an organization by Bloomsburg University. The term shall include, but not be limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug or other substance, or any other forced physical activity which could adversely effect the physical health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual, or any willful destruction or removal of public or private property. For purposes of this definition, any activity as described in this definition upon which the initiation or admission into or affiliation with or continued membership in an organization is directly or indirectly conditioned shall be presumed to be “forced” activity, the willingness of an individual to participate in such activity notwithstanding. Implementation I. The officers, primarily the president of each organization, are responsible for informing members of the hazing policy. The policy will be read by the president of the organization to the membership at the first meeting of the organization each semester and will be posted in a prominent place for the members to see. II. All social fraternities and sororities must file the Anti-Hazing Compliance Form with the Coordinator of Greek Life one week prior to the beginning of each pledge period. Other organizations will file with the Director of Student Standards. III. Any person experiencing or witnessing an action in violation of this policy is encouraged to report the incident to the Director of Student Standards and/or Coordinator of Greek Life or to the Hazing Hotline (1-866-755 HAZE (4293)). Cases of alleged violations of this policy will be investigated and adjudicated in accordance with the University Student Judicial Code.

Academic Integrity Policy

What is Academic Integrity? Academic integrity refers to the adherence to agreed upon moral and ethical principles when engaging in academic or scholarly pursuits. The university’s academic integrity policy is part of an effort to nurture a community where trust, honesty, and personal integrity guide all of our dealings with one another. Personal integrity is vital to our pursuit of educating and becoming educated. This student academic integrity policy is only part of, not the entirety of, efforts to foster a community of trust; trust is built first on our actions toward each other. The responsibility to be honest, fair and forthright with others is a responsibility that each member of the Bloomsburg University community must accept. The conditions of an academic integrity policy spell out the nature of the expectations we have of one another, and explain the sanctions that follow the failure to live up to these expectations. The following policy sets a standard for all of us to live up to and exceed. What is Academic Dishonesty? The following types of behaviors are examples of academic dishonesty. This list is not, and cannot be, exhaustive. Students who are unsure if an act is academically dishonest have a duty to consult their professor before engaging in the act.

  • 1. Cheating: (a) Using notes, study aids, or information on an examination which are not approved by faculty; (b) Altering graded work after it has been returned and submitting the work for regrading; (c) Allowing another person to do one’s work and submitting that work under one’s own name; (d) Submitting identical or similar papers for credit in more than one course without prior permission from the course instructors.
  • 2. Plagiarism: Submitting material that in part or whole is not one’s own work without attributing those same portions to their correct source.
  • 3. Fabrication: (a) Falsifying or inventing any information, data, or citation; (b) Presenting data that were not gathered in accordance with standard guidelines that defined the appropriate methods for collecting or generating data and failing to include an accurate account of the method by which the data were gathered or collected.
  • 4. Misrepresenting Circumstances: (a) Lying; (b) Presenting a professor (verbally or in writing) with false or incomplete information.
  • 5. Impersonation: (a) Representing oneself as another student in an examination; (b) Signing another’s name on an attendance roster; (c) In general doing the work required of another student and/or allowing another to do your work.
  • 6. Obtaining an Unfair Advantage: (a) Stealing, reproducing, circulating or otherwise gaining access to examination material prior to the time authorized by the instructor; (b) Stealing, destroying, defacing or concealing library materials with the purpose of depriving others of their use; (c) Unauthorized collaborating on an academic assignment; (d) Retaining, processing, using or circulating previously given examination materials, where those materials are to be returned to the instructor at the conclusion of the examination; (e) Intentionally obstructing or interfering with another student’s academic work; or (f) Otherwise undertaking activity with the purpose of creating or obtaining an unfair academic advantage over other students’ academic work.
  • 7. Aiding and Abetting Academic Dishonesty: (a) Providing material, information, or other assistance to another person with knowledge that such aid could be used in any of the violations stated above; or (b) Providing false information in connection with any inquiry regarding academic integrity.
  • 8. Falsification of Records and Official Documents: (a) Altering documents affecting academic records; (b) Forging signatures of authorization or falsifying information on an official academic document, grade report, letter of permission, petition, drop/add form, ID card, or any other official University document.
  • 9. Unauthorized Access to Computerized Academic or Administrative Records or Systems: (a) Altering computer records; (b) Modifying computer programs or systems; (c) Releasing or dispensing information gained via unauthorized access; or (d) Interfering with the use or availability of computer systems of information.

How can faculty encourage Academic Integrity? It is necessary for the administration and faculty to do all that is possible to encourage high standards of academic integrity. Steps that could be taken include:

  • 1. Course Requirements: Have the syllabus clearly state what is and is not acceptable in the course. This may include a statement of an individual or department’s policy on what constitutes plagiarism, the scope of permitted collaboration, testing behaviors, policy on recycling assignments and papers, and missed assignments or exams.
  • 2. University Policy: Briefly review the university Academic Integrity Policy on the first day of class, orally or by reference to a syllabus.
  • 3. Examination Security: Safeguard examinations. In no event should the student be given access to, custody of, or any responsibility over examinations prior to their administration.
  • 4. Examination Environment: Consider preventive techniques, such as alternate seating or alternate exam formats, and reasonable proctorial activities.
  • 5. Availability of Past Examinations and Assignments: Establish individual and/or departmental policies for returning examinations for students to keep, collecting and securing examinations, and/or placing copies of old examinations on reserve in the library.
  • 6. Student Responsibility: Faculty are encouraged to state in all syllabi that students who are unsure if an act is academically dishonest have a duty to consult their professor before engaging in the act.

What happens when a student is suspected of Academic Dishonesty? The first step in any alleged case of academic dishonesty will be for the faculty member to inform the student that dishonesty is suspected and that steps will be taken to resolve the issue. If the faculty member would like to resolve the issue informally and if the student accepts the charges and the penalty, then the faculty member chooses between Options I and II. Option III is required when the student does not accept the charges or the penalty, or the faculty member believes that a penalty greater than failing the course is appropriate. If dishonesty is discovered at or after the end of the semester, the faculty will not enter a grade for that student; thus the student will receive an “X” grade. The faculty member will either contact the student directly to set up the initial meeting or contact the Office of Academic Affairs who will notify the student of the need for such a meeting. Option I: Informal Confidential Resolution The faculty member may resolve the charge confidentially with the student, discussing the alleged offense and explaining any penalty that might follow; students who dispute the fairness of the charge or penalty may elect to have the matter arbitrated by the Academic Grievance Board. The professor has a range of sanctions within the boundaries of the course in which the dishonesty occurred. Possible sanctions include verbal and written reprimand, an appropriate additional assignment, and lowering the grade on the assignment on which the dishonesty occurred. If the professor wishes to impose more severe sanctions, including lowering the course grade, he or she must file an Academic Integrity Policy Violation Report Form with the Director of Student Standards. The faculty member is strongly encouraged to have this agreement in writing, and to keep that document and any evidence in a secure location. Option II: Informal Resolution with a Filed Report The faculty member may follow the guidelines given in Option I, Informal Confidential Resolution, and, in addition, file an Academic Integrity Policy Violation Report Form with the Director of Student Standards. The Report Form explains the offense and penalty and includes an acknowledgment by the student of the offense and penalty. The penalty agreed to on the Academic Integrity Policy Violation Report Form will be void if the student has a record of a previous offense. A second or repeat offense requires resolution by the Academic Grievance Board. Option III: Formal Resolution by the Academic Grievance Board If the student accepts the charges (1) but does not accept the penalty or (2) has had a previous offense, the sanction will be determined by the Provost (or his/her designee) in consultation with the Director of Student Standards. If the student does not accept the charges, the case will be arbitrated by the Academic Grievance Board. The faculty member should fill out the Academic Integrity Formal Resolution Notification Form. Once it is determined that a case will be heard by the Academic Grievance Board, the Director of Student Standards will notify all involved parties of the need to convene the Board. The Office of Academic Affairs will provide the student with written notification of the time and place of the hearing and with a copy of any written charges. The hearing will be recorded and a recommendation made to the Provost as to whether a policy violation occurred. The Provost will make the final determination as to whether academic dishonesty occurred. If the student is cleared of the charges, the initial report form will be destroyed and the student’s record will be totally clear of the event. If it is determined that a violation did occur, the Provost will determine the appropriate sanction in consultation with the Director of Student Standards. The decision of the Provost will be final.

Academic Grievance Procedure

Procedures I. The purpose of the following procedure is to provide students with a system by which to grieve complaints of alleged academic injustice(s) relating to grades and/or professional responsibilities as related to academic policies found in the Policies, Rules and Procedures and the Pilot. This process is not a disciplinary proceeding for any of the involved parties, although the findings may lead to disciplinary investigation or action under a different university policy. The names of the Academic Grievance Coordinators (AGC) will be advertised extensively through normal communication avenues such as The Communique and The Voice. II. Informal Consultation A. In an attempt to resolve a complaint on an informal basis, the student should first meet with the following individuals to discuss the matter in the order listed:

  • 1. Faculty member teaching the course
  • 2. Department Chairperson in which course is offered
  • 3. Dean, or designee of the college, in which course is offered

In order for the matter to be resolved expeditiously, the consultation(s) should take place as soon as possible after the alleged incident has occurred. It is assumed that the department chairpersons and the deans will make every effort to resolve the conflict by meeting with all parties and by listening to the views of all parties as they relate to the grievance. B. If the matter is resolved at one of the above levels, it need not go further in the appeals process. Every effort should be made to settle the alleged injustice through informal consultation. III. Formal Channels A. Students who feel the informal consultations have not satisfactorily resolved the matter may initiate a formal grievance by filing an Academic Grievance Form with the Dean of Undergraduate Education. B. The Dean of Undergraduate Education shall determine that the Academic Grievance Form is in proper order and shall contact the person against whom the complaint has been filed. That person will be supplied with a copy of the Form and informed that an AGC will be called to hear the case if the matter cannot be resolved within five (5) class days. C. If the two parties do not settle the complaint within five (5) class days, the Academic Grievance Board (AGB) will hear the case usually within ten (10) class days (after the initial five (5) class day period.) At that time, the student will be given the opportunity to select the AGC who will serve as the contact person for the case and the moderator of the AGB hearing. (See IV.A) D. The grievant and respondent (individual being grieved) will be informed of the individuals who may serve on the AGB. Either (or both) party(ies) may request, with just cause, the disqualification of Board members whom she/he feels may be biased or should not be involved in the case. An appeal for disqualification may be made to the Provost and Vice President for Academic Affairs for a final decision. E. The scope of the AGB’s review and recommendations shall be to the merit of the complaint. The AGB, in Executive Session, shall prepare a recommendation as to the merit of the complaint and forward the recommendation to the Provost and Vice President for Academic Affairs. This shall be submitted within three (3) class days after the hearing. If recommendations go beyond the scope of this policy, the Provost will reject the recommendation and direct the AGB to prepare recommendations within the scope of its responsibilities. F. Within ten (10) class days of receiving the recommendation, the Provost and Vice President for Academic Affairs will take action and shall notify all parties in the grievance of the decision and action taken. This action is final. G. The President has delegated the resolution of academic grievances covered under this policy to the Provost and Vice President of Academic Affairs. Resolutions that involve altering the curriculum of any program shall be made with the involvement of the affected department faculty (i.e. waiving major course requirements). The timeline outlined in this section pertains to grievances filed during the academic year. Grievances filed during the summer sessions may take longer to adjudicate due to faculty assignments and availability of grievance board members. However, every effort will be made to process grievances filed during the summer as quickly as possible. IV. Structure Of Formal Channels A. Four (4) Academic Grievance Coordinators (AGCs), one (1) from each College, shall be appointed by the Provost and Vice President for Academic Affairs with the advice and consent of the Executive Board of APSCUF. Both sexes should be represented among the four AGCs. The individuals must have a reputation for fairness and objectivity. An AGC will be responsible for ensuring that all procedural guidelines are met and shall serve as moderator for any formal hearing. It is noteworthy that the role of an AGC is as a neutral party. She/he does not have voting privileges, nor should her/his opinions be part of the hearing. The appointments should be made in such a way as to insure that at least one (1) individual with prior experience is retained. B. An Academic Grievance Board (AGB) shall consist of four (4) students and four (4) tenured faculty members selected by the AGC (chosen by the grievant) from a pool of thirty-three (33) individuals: five (5) students and three (3) faculty members from the College of Business, five (5) students and three (3) faculty members from the College of Professional Studies, five (5) students and three (3) faculty members from the College of Liberal Arts and five (5) students and three (3) faculty members from the College of Science and Technology, and one (1) faculty member from the Department of Developmental Instruction.

  • 1. Faculty members for the AGB pool will be appointed by the College Dean or appropriate administrator of the academic area with the advice and consent of the Executive Board of APSCUF.
  • 2. Student members will be appointed by the Provost and Vice President for Academic Affairs. Appointees must be in academic good standing and have earned at least 48 credits at Bloomsburg University. At least two (2) from each college must be enrolled as graduate students.
  • 3. Members of the pool will be appointed to a one-year term and may be considered for reappointment.
  • 4. Whenever possible, a diversity in membership should be maintained in the pool.

C. The College Dean or appropriate administrator will provide the President of APSCUF with a list of possible faculty candidates for the AGC and the AGB in a timely fashion. The President of APSCUF will consult with the Dean or appropriate administrator concerning the possible candidates if necessary. APSCUF Executive Board will provide its advice and consent of the candidates in a timely fashion. D. The Provost and Vice President for Academic Affairs will appoint student candidates for the AGB. E. The AGB will select one (1) person to serve as a voting moderator of the Executive Session. This individual will be responsible for transmitting the recommendation to the Provost and Vice President for Academic Affairs following the formal hearing. F. Should the AGB members become deadlocked in preparing a recommendation, the voting moderator will inform the Provost and Vice President for Academic Affairs of such within three (3) class days of the hearing. Evidence and any reasons or arguments relating to the AGB’s inability to make a recommendation will be submitted to the Provost and Vice President for Academic Affairs also. This information is intended to provide background for any decision by the Provost and Vice President for Academic Affairs. G. An AGC or a member of the AGB pool has the right and obligation to disqualify herself/himself from a case in which a personal interest, association, affiliation, or attitude might cause bias or jeopardize the AGB’s objectivity. V. Academic Grievance Hearing A. In keeping with the campus standards of due process, both the grievant and respondent have the following rights: (1) to receive written notice of the time and place of the hearing at least 48 hours prior to the hearing; (2) to receive a written notice of the complaint; (3) to be accompanied by an advisor of his or her choice, other than a non faculty attorney; (4) to present witnesses and other evidence; and (5) to question witnesses. Attorneys, although they may be consulted, may not be present at the academic grievance hearing. B. The hearing will be open only to the parties involved in the case. C. The hearing will be organized by the Dean of Undergraduate Education. D. A tape recording may be made at each hearing with the consent of the grievant and the individual being grieved. Said tape will be kept as a confidential file in the Office of the Provost and Vice President for Academic Affairs for a period of one (1) year. E. The AGC will serve as the neutral presiding officer, and shall conduct the hearing in a fair and orderly fashion. F. At least six (6) AGB members (three {3} faculty, three {3} students) must be present for the entire hearing and to prepare the AGB’s recommendation. If the complaint is on the graduate level, at least three (3) graduate students must be present. G. If the respondent (individual being grieved) fails to appear, testimony shall, nevertheless, be heard and a recommendation rendered. If the grievant fails to appear, the grievance will be dismissed. H. If a claim lacks substantial evidence, the AGB will dismiss the case and no further action concerning the respondent (individual being grieved) will be taken by the AGB or the Provost and Vice President for Academic Affairs. I. No person shall suffer recrimination or discrimination because of participation in this procedure. J. A majority of the thirty-three (33) AGB pool members, along with the AGCs will determine any other rules or procedures consistent with this document, not in conflict with the CBA or state and federal laws.

Undergraduate Academic Renewal Policy

Academic renewal is a means to allow certain students who have left the University to return and not be unduly encumbered by their prior academic record. Academic renewal allows students to have their courses taken prior to leaving the university treated as transfer credits. An undergraduate student who wishes to apply for academic renewal must meet the following criteria:

  • 1. He or she must not have been enrolled at the University as a degree student for five or more calendar years.
  • 2. He or she must have been readmitted to the University as a degree student.

An application for academic renewal may be made at the time of readmission and must be completed before the mid-term day of the first semester of attendance after readmission as a degree student. This procedure is not automatic; it must be initiated by the student. It is the advisor’s or chair’s responsibility to ensure applicants’ eligibility for academic renewal as well as its advisability. Academic renewal is done in consultation with the student’s academic department and requires the Dean of the College’s approval. Students who have been granted academic renewal have all courses taken prior to leaving the university treated as follows. Those courses in which a grade of C (2.0) or better were earned and are approved by the academic department are treated as transfer credits for degree completion and not used in computing students’ quality point average. Those courses which are not approved or in which a grade of C- or less was earned are not used for degree completion. Students who have been granted academic renewal will have their quality point average computed on the basis of all courses taken after return to the university. Students who have been granted academic renewal are permitted four course repeats after readmission. Students who have been granted academic renewal are subject to the academic retention standards that apply to first semester transfer students. If academically dismissed after renewal, a student may not attend the university for additional degree or non-degree credit study. The transcripts of students who have been granted academic renewal will have all courses and grades listed. Courses set aside under the academic renewal will be identified. A student may be granted academic renewal only once. Once granted, its conditions cannot be altered.

Academic Examination Policy

  • 1. Faculty shall give examinations during the regularly scheduled classes of the academic year as outlined by the approved University Calendar. The faculty are responsible for determining the length, frequency, form and content of all examinations within the guidelines listed below. Final examinations shall be given, where applicable, only during the designated final examination week after the end of regularly scheduled classes and only at the designated time and place according to the final examination schedule.
  • 2. Faculty shall distribute in writing, the requirements for each course within the first week of each academic term (see Policy Issuance 3264). In these requirements final examinations shall be worth no less than twenty percent nor more than forty percent of the course grade. No single exam, paper, project, or assignment shall have greater emphasis than the final examination. As a result of this condition, every course must use at least three evaluations for grading purposes.
  • 3. Faculty shall give final examinations which are comprehensive in design, emphasizing subject matter presented over the entire term.
  • 4. Faculty shall return and/or permit students to review all unit tests, quizzes, and other types of evaluations by the last regularly scheduled class in the term. In order to prevent an excessive build-up in the number of unit tests for each student during the last week of classes, faculty are advised to refrain from testing during that week.
  • 5. The final examination schedule shall be prepared by the Office of the Registrar with consultation of the faculty, if necessary, and approved by the Provost and Vice President for Academic Affairs. Regularly scheduled final examination periods shall be 120 minutes in length. Part of the final examination week shall include at least a one-day interval between the last full day of classes and the first day of scheduled examinations. This time shall be designated as the reading period.
  • 6. The following restrictions are imposed on the scheduling of activities during the final examination week.
  • a. Faculty are not required to be available to students for conference during the final examination week. b. No examinations shall be scheduled during the Reading Period unless approved by the Provost and Vice President for Academic Affairs. c. No extra-curricular activities or faculty-administrative activities shall be scheduled except with the consent of the individual involved.
  • 7. The Andruss Library will remain open and other designated study areas will be made available during the final examination period with expanded hours when possible.
  • 8. Unless returned to the student all graded final examinations must be available for student review for at least the next full semester following the final examination.
  • 9. No student shall be required to take more than two final examinations in one day. (See procedure for rescheduling of final examinations.)
  • 10. Any exceptions to any of the above matters must be made on the basis of the procedures outlined below.
  • 11. In case of non-compliance with the provisions of this policy, a student has the recourse of proper grievance procedures as established by the University and outlined in policy issuance 3592.
  • 12. During Summer Sessions, the last class period of each course shall be designated as the final examination period with the time period for the examination not to exceed 80 minutes unless the arrangements have been worked out in advance so that they can be announced at the first meeting of the class. Except in unusual circumstances, classes in six-week sessions shall have the final examination on the last day of the course. Final examinations for courses scheduled in three-week sessions shall be held during the last of the two class periods scheduled for the last day. Classes in the nine- week session shall hold final examinations on the last scheduled class day with the period extended to 80 minutes for that class.

Procedures

  • 1. Faculty who wish to schedule quizzes, tests or examinations at other times than during their regularly scheduled class periods during the term, may do so only if a make-up opportunity is made available to students. This opportunity must be scheduled at a time mutually acceptable to both student and faculty and may not conflict with the student’s other scheduled classes.
  • A faculty member shall not give an examination at a time other than during a regularly scheduled class period unless approval is first obtained from the majority of the faculty members of his/her department. Except for abnormal circumstances, this approval should be granted by the end of the first week of classes. Notification of this alternative arrangement should be given to the appropriate college dean.
  • 2. A faculty member who believes that the content of his/her courses does not lend itself to a scheduled final examination must obtain approval for an alternate arrangement from the majority of the members of his/her academic department and college dean. Notification of the approved arrangement shall be given to the Office of the Registrar. Except for abnormal circumstances, this approval and notification shall be made by the end of the first week of classes.
  • 3. To change the requirement that final examinations shall be worth no less than twenty percent nor more than forty percent of the course grade, there must be agreement for the change by the faculty member(s) in charge of the class, the majority of the members of his/her academic department, and the appropriate college dean. Except for abnormal circumstances, the approval and notification to students shall be made by the end of the first week of classes. If approved, the change may remain in effect for the faculty member for the duration of this policy or until the course is resubmitted for course content change.
  • 4.In order to change the time and place scheduled for a final examination, there must be agreement for the change by the faculty member(s) in charge of the class, 100 percent of the students in the class, and the appropriate college dean. This change must be made by the middle of the semester. Student opinion in this matter shall be determined by secret ballot with the faculty member in charge of the vote. If, for some reason, a change is made in the time and date of a final examination that results in a student conflict, the faculty member shall arrange to provide a make-up opportunity during the final examination period. (See below)
  • 5. If the student has a scheduling conflict during the final examination period resulting in an excessive number of final examinations scheduled for one day, the following procedure for rescheduling the final examination shall apply and be completed by at least two weeks before the end of regularly scheduled classes.

The student should select two of the scheduled examinations to be taken during the designated time according to the following priority of choice:

  • 1. courses offered by the major department;
  • 2. additional required courses in the major program;
  • 3. other courses.

The additional final examination(s) should be rescheduled with consultation of the relevant faculty on a mutually convenient time. Assistance in the rescheduling of examinations may come from such individuals as the student’s advisor, department chairperson or academic dean.

Student Non-Academic Grievance Procedure

The purpose of the following procedure is to provide students with a system by which to grieve complaints of alleged injustices relating to violation, misinterpretation or discriminatory application of non-academic policies and procedures, and/or the conduct of professional, non-professional and student employees. I. Informal Channels: A. The student may first discuss the matter with the Non-Academic Grievance Coordinator (NAGC, IV. A.) to determine what steps to follow to resolve the complaint. The student may also consult the Center for Counseling and Human Development, Residence Life Staff and the CGA Student Rights and Freedoms Committee for counseling and advice. B. In an attempt to resolve a complaint on an informal basis, the student should make every effort to first discuss the matter with the following individuals:

  • 1. Individual being grieved or organization advisor.
  • 2. Appropriate administrator/supervisor. In order for the matter to be resolved expeditiously, the consultation(s) should take place as soon as possible after the alleged incident has occurred.
  • 3. Mediation process could occur. Additionally, the NAGC could serve as a mediator between student and accused, if agreeable by both parties, as an alternative to resolve grievance informally.

II. Formal Channels: A. Students, who feel the informal consultations have not satisfactorily resolved the matter, may initiate a formal grievance by filing a Non-Academic Grievance Form with the Non-Academic Grievance Coordinator. B. Upon receiving the form, the NAGC shall determine if it is in proper order, and shall contact the person against whom the complaint has been filed. That person will be supplied with a copy of the form,and informed that the Non-Academic Grievance Board will be called to hear the case if the matter cannot be resolved within three class days of receiving notification of the student’s action. C. If the two parties do not settle the complaint within three class days, the Board will hear the case within ten class days. D. The grievant and respondent will be informed of the individuals who serve on the Board. Either or both party (ies) may request the disqualification of Board members whom they feel cannot be objective in this case. E. If the complaint cannot be settled during the course of the hearing, the Board, in Executive Session, shall prepare a recommendation to the appropriate vice president. This shall be submitted within three days after the hearing F. Within five class days of receiving the recommendation, the vice president will take action consistent with it, or explain to the Board why it should not be implemented. The vice president shall notify both parties, in writing, of the decision and take action. If extenuating circumstances (e.g. legal advice) dictate the need for additional time to reach the decision, the vice president will inform the grievant, respondent, and NAGC of such in writing. G. The President has delegated the resolution of grievance to the vice presidents. III. Structure of Formal Channels: A. The Non-Academic Grievance Coordinator (NAGC) shall be appointed from the Student Affairs or General Administration staff by a committee composed of the Vice President for Student Affairs, Vice President for Finance and Administration and CGA President. The CGA Council will have final approval of the appointment. The individual must be someone known for fairness and objectivity, and one who is familiar with policies and procedures directly affecting students. The NAGC will be responsible for ensuring that all procedural guidelines are met. B. The Non-Academic Grievance Board shall consist of four students, two members of the Student Affairs staff and two members of the General Administration staff, selected by the NAGC from a pool of sixteen individuals (four on-campus students, four off-campus or commuting students, four members of the Student Affairs staff, four members of the General Administration staff).

  • 1. Student members will be appointed by CGA upon a recommendation of a screening committee. Appointees must have a 2.5 GPA and 30 credits earned at BU.
  • 2. Student Affairs staff will be appointed from at least two offices by the Vice President for Student Affairs.
  • 3. General Administration staff will be appointed from at least two offices by the Vice President for Finance Administration.
  • 4. Not more than one manager will serve on the Board.
  • 5. Members will be appointed to a one-year term, and may be considered for reappointment.

C. The Board shall select one person to serve as a voting moderator of the Executive Session. This individual will be responsible for transmitting the recommendation to the appropriate Vice President. D. Should the Board members become deadlocked in preparing a recommendation, the voting moderator will inform the appropriate Vice President within three class days after the hearing. Hearing evidence and reasons or argument relating to the Board’s inability to make a recommendation will be submitted also. This information is intended to provide background for the Vice President’s decision. E. A Board member has the right and obligation to disqualify him/herself from a case in which a personal interest, association, affiliation or attitude might cause bias or jeopardize the Board’s objectivity. Any member directly affected by said charges shall be automatically disqualified. IV. Non-Academic Grievance Hearing: A. In keeping with the campus standards of due process, both the grievant and respondent have the following rights: to receive written notice of the time and place of the hearing at least 72 hours prior to the hearing; to receive a written notice of the complaint; to be accompanied by an advisor of one’s choice; to present witnesses and other evidence; and to confront and cross-examine witnesses. B. The hearing will be open only to the parties involved in the case. C. A tape recording will be made at each hearing. Said tape will be kept as a confidential record in the office of the appropriate vice president for a period of one year. D. The NAGC will serve as the neutral presiding officer, and shall conduct the hearing in a fair and orderly fashion. E. At least six Board members (three students, three staff members) must be present for the entire hearing and to prepare the Board’s recommendation. F. If the respondent fails to appear, testimony shall be heard and a recommendation rendered. If the grievant fails to appear, the grievance will be dismissed.

Identification Card Policy

Intent Identification cards are issued to all University students, staff and faculty and are intended to be used as the primary source of identification on University property and to provide a more secure University community. Student use of the card is designed to be utilized for the following:

  • 1. Primary verification of the card holder.
  • 2. Admittance into the residence hall and other University buildings and rooms upon approval.
  • 3. For any of the dining facilities to utilize a meal, flex dollar plan or Husky Gold.
  • 4. Admittance into Community Government Association sponsored events and activities.
  • 5. Signing out items from the Library.
  • 6. General admittance into sports events.
  • 7. Basic identification purposes.
  • 8. Admittance into the Student Recreation Center.
  • 9. For vending, laundry and copier machine service using Husky Gold.

Policy As the primary source of identification, students are expected to carry their I.D. card with them at all times and to present it to the University police or other University officials whenever requested in order to maintain the security of the University and in the abidance of University policy. It is illegal to manufacture false I.D. cards or to deface, alter or knowingly use altered or false I.D. cards. It is also a violation of University policy to misrepresent yourself in order to ascertain a false I.D. card. Violators will be dealt with under the University’s Code of Conduct. I.D. cards are valid as long as student is matriculating, in good conduct standing and associated with the University. I.D. cards must be surrendered to the BU Card Center, when a student withdraws or otherwise leaves the University due to academic or disciplinary action. All changes or additions to this policy will be made available to all University students and personnel. Procedures Each student receives a photo identification card during the orientation process after they are initially enrolled at the University. Replacement of lost or damaged cards or request for new cards will cost $20. Students must present another form of picture identification at that time and a verification of enrollment status will occur. Identification Cards are the property of Bloomsburg University and can only be used for University purposes. I.D. Cards are not transferable. The University ID card serves many purposes and is physically comprised of multiple technologies that need to be safeguarded. Students are responsible for safeguarding the card to reduce the chance of card errors. ID cards that are physically damaged will be replaced at the student’s expense. The BU Card Center will replace, at no cost to the student, any card that malfunctions as a result of the production process. All questions regarding the Identification Card system or process should be directed to the BU Card Center, Ground Floor Elwell, 389-5410.

Affirmative Action Grievance Procedure

If you feel your rights have been violated on the basis of race, color, religion, age, sex, national origin, secual orientation, disability or veteran status, you may file a grievance through the Office of Social Equity and Accommodative Services, Room 043, Warren Student Services Center. The phone number is 389-4553.

Computer and Network Use Policy

Preamble The University seeks to maintain the security and integrity of its computers, networks and related resources; to support its other codes and regulations regarding harassment and abusive behavior; to protect itself from the legal consequences of copyright violations and the posting defamatory material and to ensure that the computer facilities are used in accordance with rules and regulation of proper behavior and its educational mission. The Policy Access to the University’s computing facilities and resources is a privilege granted solely to Bloomsburg faculty, staff and registered students and those with special accounts. All users of the computing facilities must act responsibly and maintain the integrity of these resources. The University reserves the right to limit, restrict or extend computing privileges and access to its resources and to remove or limit access to material posted on the University computers or being sent over its network. Violations Violation of this policy could result in a user’s access to Bloomsburg University’s computers and network systems being restricted or denied and being subject to procedures and penalties under other University policies, rules, codes of conduct as well as local, state and federal laws. Note: Bloomsburg University understands that the rapidly changing computer environment requires that its computer use policy be flexible and adaptable. Therefore, in order to help educate the Bloomsburg University computer users and to provide guidance as to rights and responsibilities appended to this policy is a list of examples of behavior that are restricted, and questions and answers that are intended to help clarify rights and responsibilities. These are expected to change over time to meet demands of the changing issues we must confront. Appendix I - Frequently asked Questions and Answers (FAQ) As with the examples, the FAQs are intended to help educate and guide the computer user. They will respond to changing issues and needs for clarification and interpretation. It is very important to understand that the examples and FAQs do not and cannot cover all situations and that if there are any questions regarding what is acceptable behavior they should be directed to the University administrators (vice presidents and computer administrators). Is my campus email or files I have stored on University computers secure? Everyone needs to operate on the assumption that E-mail is not secure. A rule to follow is if it would bother you to have it on the front page of the local newspaper, you shouldn’t send it through email. The same caution should be applied to stored files. Is my email private? The University has the right to look at e-mail or the content of files, but it will do this only if there is reasonable cause and proper authorization is given. The University reserves the right to look at email and files if evidence indicates a violation of University rules and codes or local, state or federal laws. Appropriate authorization comes from the president, vice president and their designees. Are my files stored on University computers private? Like email on the University computers and network, files on the University equipment belongs to the university and can be accessed if there is reasonable cause to do so and proper authorization is given. In addition, supervisors in order to get material that is needed for the normal work functions may access files. For example, supervisors can get files stored on subordinate’s computers if needed as part of the normal job functions and if the person is not present. During normal administrative work of maintaining systems, backing up files and other necessary work, files may be seen. Does the University monitor the content of what is sent over its network or posted on its computers? No, it does not monitor content. It does, however, reserve the right to remove or restrict material when applicable university policies or codes, or state, local or federal laws are violated. For example, the university, as necessary, may remove material that violates copyright laws or is potentially libelous. Are there limitations to what I can say or post on the university computers and network? The university wishes to support the free exchange of ideas and freedom of expression. However, it does reserve the right to limit or restrict the distribution and posting of material directed at classes of people (hate speech) and other threatening or offensive material if it believes this is creating a hostile environment or is damaging to the university. How do I report a violation of the computer policy? If you believe that a violation has occurred you should report it to the computer administrators (x4821 / x4099). You should gather as much information as you can to help in the investigations of the incident. The computer administrators will direct the complaint to other offices if needed. In addition there may be situations where you should also report the incident to other offices. For example: If you believe there is a violation that threatens your safety or others, you should report it to the Campus Police (x4168) If it involves work-related activities, your supervisor should be notified. What are copyright violations? An increasingly common problem that comes with the widespread use of personal homepages is using material that is copyrighted without the permission of the owner. It is important to remember that material does not need to have the © notice on it to be copyrighted, and copyright protection extends beyond text to such things as photos, art and video. If the University is informed of copyright violations, it will act to remove the material in compliance with law. What are the consequences of violating the computer policies? The consequences of violating computer policies can range from a warning to formal actions by the University’s authorities to further action, which might lead to the legal system. How will violations be handled? For violations which are less serious and do not have an immediate impact on the integrity of the systems or threaten others, the alleged offender will be requested to come to computing administrator’s office so information can be gathered and the allegation discussed. If the situation is resolved, no further action is taken. For cases that are not resolved at this meeting or are more serious, violations will be handled like other violations of University codes, regulations, policies, rules and procedures. For students, this can involve the judicial procedures explained in the Student Handbook. For staff and faculty it may involve their supervisor or Human Relations. Appendix II - Specific Examples Of Rights And Responsibilities These examples should be used as guidelines for behavior. They are not to be considered all inclusive as they do not cover all situations that would be violation of the general policy. As guidelines, these can change as issues and needs change. Computer users should use only the computer ID that has been assigned. Obtaining or attempting to obtain the computer ID and/or password that has not been assigned to a user is a violation of this policy. It is also a violation of this policy to disguise or attempt to disguise the identity of the account or machine being used. The University’s network resources must not be used to gain or attempt to gain unauthorized access to remote computers. Any action taken by computer users which deliberately disrupts or disables the operation of computers, terminals, peripherals, or networks is violation of this policy. This includes, but is not limited to, tampering with components of a local area network (LAN) or the high-speed backbone network otherwise blocking communication lines, or interfering with the operational readiness of a computer. Running or installing on any of the University’s computer systems a program which could result in the eventual damage to a file or computer system and/or the reproduction of itself is prohibited. This includes, but is not limited to, those classes of programs known as computer viruses, Trojan Horses, and worms. Circumventing or attempting to circumvent data protection schemes or computer security measures is prohibited. Computer users are required to abide by the terms of all software licensing agreements and copyright laws. In particular, it is prohibited to make copies of copyrighted software, unless the University has a site license specifically allowing the copying of said software. It is further prohibited to copy site-licensed software for distribution to persons other than Bloomsburg faculty, staff, and students, nor may you copy site-licensed software for use at locations not covered under the terms of the license agreement. Computer users must not deliberately perform acts which are wasteful of computing resources or which unfairly monopolize resources to the exclusion of others. Examples of abuse would include commercial spam, derogatory remarks, chain letters, or creating unnecessary multiple jobs or processes. Persons having questions about a possible use should contact the computing administrators. Using University computers to send threatening, harassing, libelous or offensive messages may be contrary to University codes and or local, state or federal laws. Computer users are prohibited from monitoring or attempting to monitor another user’s data communications or copy, change, or delete another user’s files or software, without permission of the owner. Using University computer and networked resources for personal or financial gain is prohibited. (This does not apply to any activities directly related to the scholarly/professional pursuits of faculty, staff and/or students. NOTE: Please refer to PRP #2910 Patents and Copyrights.) Any network traffic exiting the University is subject to the policies stipulated herein and to the “acceptable use policies” of the network through which it flows such as the SSHEnet. The primary use of computing facilities is for academic-related activities. Other non-restricted use such as games are secondary and must yield to academic use. Games playing and other secondary uses may be restricted when they are found to interfere with academic use.

Student Religious Observances Policy

Bloomsburg University of Pennsylvania promotes and encourages a climate of dignity and respect wherein individuals are free from discrimination or differential treatment because of their religion. Students may observe their religious holy days/holidays without penalty or undue hardship. Students are expected to notify their professors as early as possible prior to any anticipated absence. Faculty are to include in each class syllabus a statement which (1) instructs students to notify them about anticipated absence(s) for religious observance(s) and (2) explain how the missed work or exams can be made up. A calendar of religious observances is described on the Social Equity website at http://www.bloomu.edu/social_equity. If you feel your rights have been violated on the basis of religion or some aspect of this policy, please contact the Office of Social Equity and Accommodative Services, Room 043, Warren Student Services Center. The phone number is 389-4529.

Joint Statement on Rights, Freedoms and Responsibilities of Students and Release of Information

PREAMBLE Bloomsburg University exists for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students should be encouraged to develop the capacity of critical judgment and to engage in a sustained and independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the academic community. Bloomsburg University has a duty to develop policies and procedures, which provide and safeguard this freedom. Such policies and procedures shall be developed at Bloomsburg within the framework of general standards and with the broadest possible participation of the members of the academic community. The purpose of this statement is to enumerate the essential provisions for student freedom to learn. I. FREEDOM OF ACCESS TO HIGHER EDUCATION The Admission Policies of Bloomsburg University are a matter of institutional choice. These policies and the criteria used in the admission process shall be clearly stated. Under no circumstances shall a student be barred from admission to Bloomsburg University on the basis of race. Thus, within the limits of its facilities, Bloomsburg University shall be open to all students who are qualified according to its admission standards and the services of the university shall be open to all of its enrolled students. Bloomsburg University shall use its influence to secure equal access to all students to public facilities in the local community. II. IN THE CLASSROOM The professor in the classroom and in conference shall encourage free discussion, inquiry, and expression. Student performance shall be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards. A. Protection of Freedom of Expression Students shall be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled. B. Protection Against Improper Academic Evaluation Students shall have protection through orderly procedures against prejudiced or capricious academic evaluation. At the same time, they are responsible for maintaining standards of academic performance established for each course for which they are enrolled. C. Protection Against Improper Disclosure Information about student views, beliefs, and political association, which professors acquire in the course of their work as instructors, advisors, and counselors shall be considered confidential. Protection against improper disclosure is a professional obligation. Judgments of ability and character may be provided under appropriate circumstances, normally with the knowledge or consent of the student. III. STUDENT RECORDS Achieving educational goals, providing direction to students, and extending service to society demands that the University keep records. All policies and practices concerning records shall be based on respect for the privacy of the individual student. Because of the professional and legal responsibilities involved, record keeping must be delegated only to responsible persons. To protect the privacy of the student and to facilitate the definition of reasonable policies and practices relative to student records, the following guidelines are established. A. No record shall be made or retained unless there is a demonstrable need for it, which is reasonably related to the basic purposes and necessities of the University. B. The University shall not make nor retain records of a student’s religious or political beliefs without his/her knowledge or consent. C. Academic and disciplinary records shall be maintained separately. D. Transcripts of academic records shall contain only information about academic status. Academic records shall be available to responsible persons only with the consent of the Vice-President for Academic Affairs or his/her designated staff members. E. All persons who handle confidential records shall be instructed concerning the confidential nature of such information and concerning their responsibilities regarding it. F. Disciplinary records shall be available to responsible persons only with the consent of the Vice-President for Student Life or designated staff members. The student and advisor should not be denied the right to see these records without just cause. Information from disciplinary or counseling files shall not be available to unauthorized persons on campus, or to any person off-campus without the expressed consent of the student involved, except under legal compulsion, or in cases where the safety of persons or of persons or property is involved. IV. STUDENT AFFAIRS In student affairs, certain standards must be maintained if the freedom of the student is to be preserved. A. Freedom of Association

  • 1. The membership, policies, and actions of a student organization usually will be determined by vote of only those persons who hold bona fide membership in the university community.
  • 2. Affiliation with an extramural organization shall not of itself disqualify a student organization from institutional recognition.
  • 3. Campus advisors are required. Each organization shall be free to choose its own advisor. Recognition shall not be withdrawn solely because of the inability of a student organization to secure such an advisor. Campus advisors may advise organizations in the exercise of responsibility, but they should not have the authority to control the policies of such organizations.
  • 4. Student organizations are required to submit a statement of purpose, criteria for membership, rules for procedures, and a current list of officers. They shall not be required to submit a total membership list as a condition of institutional recognition. (A partial membership list shall be required solely for the purpose of determining student interest.)
  • 5. Campus organizations, including those affiliated with an extramural organization, shall be open to all students without respect to race, creed, or national origin, except for religious qualifications, which may be required by organizations whose aims are primarily sectarian.

B. Freedom of Inquiry and Expression

  • 1. Students and student organizations shall be free to examine and to discuss all questions of interest to them, and to express opinions publicly and privately. They shall always be free to support causes by orderly means, which do not disrupt the regular and essential operation of the University. At the same time, it shall be made clear to the academic and the larger community that in their public expressions or demonstrations students or student organizations speak only for themselves.
  • 2. Students shall be allowed to invite and hear any person of their own choosing. Those routine procedures required by the university before a guest speaker is invited to appear on campus shall be designed only to insure that there is orderly scheduling of facilities and adequate preparation for the event, and that the occasion is conducted in a manner appropriate to the academic community. The institutional control of campus facilities shall not be used as a device for censorship. It shall be made clear to the academic and larger community that sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed, either by the sponsoring group or the university.

C. Student Participation Institutional Government As constituents of the academic community, students shall be free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body. The student body shall have clearly defined means to participate in the formulation and application of institutional policy affecting academic and student affairs. The role of the Community Government Association and both its general and specific responsibilities shall be made explicit, and the actions of the Community Government Association within the areas of jurisdictions shall be viewed only through orderly and prescribed procedures. D. Student Publications Student publications are valuable aids in establishing and maintaining an atmosphere of free and responsible discussion and of intellectual exploration on the campus, and a co-operative unified effort to establish better learning habits. They are a means of bringing students concerns to the attention of the faculty and the institutional authorities and of formulating student opinion on various issues on the campus and in the world at large. The Voice The Voice shall adopt an organizational structure and an assignment of responsibilities which will make it clear that The Voice is a student newspaper whose tone and content are determined by student editorial staff. Faculty, administrators, and students, who are not staff members, may provide advice and criticism but shall not exercise any power of veto or censorship over news and editorial content. A faculty advisor shall be appointed by the Vice-President for Student Life and approved by the President to assist in the general work on The Voice. The student editor and faculty advisor shall have the right of proof approval of the publication. They are directly responsible, in the following order, to the Vice-President for Student Life, the President, and the Board of Trustees who may have to bear the legal responsibility for the contents of the publication. Sufficient editorial freedom shall be provided by the editor and advisor for this publication to maintain its integrity of purpose as a vehicle of free expression in an academic community. Final approval of content will rest with the student editor. At the same time, the editorial freedom of student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegation, attacks on personal integrity, and the techniques of harassment and innuendo. Pilot, Obiter and Bloom Literary Journal The rights and responsibilities of the staff and advisor of The Voice shall apply to the staff and advisors of these publications. Other Student Publications Students shall have maximum freedom to express opinion and communicate ideas in writing, by publishing and distributing materials. Student publications are publications in which Bloomsburg University students have been involved, at least in part, in writing, publishing and distributing namely:

  • 1. Publications of Bloomsburg University student living units and governing groups.
  • 2. Publications of Bloomsburg University student interest groups.
  • 3. Student publications sponsored by divisions or departments of the University.

The following guidelines are established: (a) Responsibility for editorial or other content, finance and distribution shall lie with the sponsoring agency, group or organization. (b) The University shall not authorize student publications nor authorize solicitation of advertising by any student publication. (c) Every student publication shall identify the sponsoring agency, group, or organization. (d) These guidelines shall apply to all students’ publications, whether distributed free or offered for sale: (1) The privilege of distribution as defined shall apply equally to any student publication. (2) Any place within campus buildings, established for distribution of The Voice shall be equally accessible for the distribution of any student publication and limited thereto. (3) No door-to-door or hand-to-hand distribution shall be permitted in any classroom building. (4) Free distribution or sale of student publications in an organized living unit shall be done with the permission and under the direction of the governing body of that living unit. (5) Free distribution and sale by students of student publications shall be permitted on the campus buildings, subject to such limitations as are necessary to prevent interference with the use of streets, sidewalks, building entrances, and normal functions taking place within the campus buildings. V. OFF-CAMPUS FREEDOM OF STUDENTS A. Exercise of Rights of Citizenship University students are both citizens and members of the academic community. They are subject to the obligations and freedom of speech, peaceful assembly, and right of petition that other citizens enjoy and, as members of the academic community, they are subject to the obligations, which accrue to them by virtue of this membership. Faculty members and administrative officials shall insure that institutional powers are not employed to inhibit such intellectual and personal development of students as is often promoted by their exercise of the rights of citizenship both on and off campus. B. Institutional Authority and Civil Penalties Activities of students may upon occasion result in violation of law. In such cases, university officials should be prepared to apprise students of sources of legal counsel and may offer other assistance. Students who violate the law may incur penalties prescribed by civil authorities, but university authority shall never be used merely to duplicate the function of general laws. Only where the university’s interests as an academic community are distinct and clearly involved shall the special authority of the university be asserted. The Coordinating Committee on Campus Life shall determine if the interests of the university are involved and concurrently, decide if action by a Judicial Committee is deemed necessary. In cases in which the Coordinating Committee on Student Life concludes that the particular infraction of civil laws does not conflict with the interests of the university, the student may be referred to the office of the Vice-President for Student Life for consultative purposes with the understanding that no disciplinary action will be rendered. The student who incidentally violates University regulations in the course of his/her off-campus activity, such as those relating to class attendance, shall be subject to no greater penalty than would normally be imposed. University action shall be independent of community pressure. VI. PROCEDURAL STANDARDS IN DISCIPLINARY PROCEEDINGS In developing responsible student conduct, disciplinary proceedings play a role substantially secondary to example, counseling, guidance, and admonition. At the same time, Bloomsburg University has a duty and the corollary disciplinary powers to protect its educational purpose through the setting of standards of scholarship and conduct for the students who attend and through the regulation of the use of institutional facilities. In the exceptional circumstances when the preferred means fail to resolve problems of student conduct, proper procedural safeguards should be observed to protect the student from the unfair imposition of serious penalties. The administration of discipline shall guarantee procedural fairness to an accused student. Practices in disciplinary cases may vary in formality with the gravity of the offense and the sanctions, which may be applied. They will also take into account the presence or absence of an honor code, and the degree to which the institutional officials have direct acquaintance with student life in general and with the involved student and the circumstances of the case in particular. The jurisdictions of faculty or student judicial bodies, the disciplinary responsibilities of institutional officials and the regular disciplinary procedures, including the student’s right to appeal a decision, shall be clearly formulated and communicated in advance. Minor penalties may be assessed informally under prescribed procedures. In all situations, procedural fair play requires that the student be informed of the nature of the charges against him/her, that he/she be given a fair opportunity to refute them, that the institution not be arbitrary in its actions, and that there be provision for appeal of a decision. The following are recommended as proper safeguards when there are no honor codes offering comparable guarantees. A. Standards of Conduct Expected of Students Bloomsburg University has an obligation to clarify those standards of behavior, which it considers essential to its educational mission and its community life. These general behavior expectations and the resultant specific regulations shall represent a reasonable regulation of student conduct but the student should be free as possible from imposed limitation that have no direct relevance to his/her education. Offenses should be as clearly defined as possible and interpreted in a manner consistent with the aforementioned principles of relevancy and reasonableness. Disciplinary proceedings should be instituted only for violations of standards of conduct formulated with significant student participation and published in advance through such means as a student handbook or a generally available body of institutional regulations. B. Investigation of Student Conduct Except under extreme circumstances, premises occupied by students and the personal possessions of students shall not be searched unless appropriate authorization has been obtained. For premises such as residence halls controlled by the institution, an appropriate and reasonable authority shall be designated to whom application should be made before a search is conducted. The application shall specify the reasons for the search and the objects or information sought. The student should be present, if possible, during the search. For premises not controlled by the institution, the ordinary requirements for lawful search should be followed. Students detected or arrested in the course of serious violations of institutional regulations, or infractions of ordinary law, shall be informed of their rights. No form of harassment shall be used by institutional representatives to coerce admissions of guilt or information about conduct of other suspected persons. C. Status of Student Pending Final Action Pending actions on the charges, the status of a student shall not be altered, or his/her right to be present on the campus and to attend classes suspended, except for reasons relating to his/her physical or emotional safety and well being, or for reasons relating to the safety and well being of students, faculty and university property. D. Hearing Committee Procedures When the misconduct may result in serious penalties and if the student questions the fairness of disciplinary action taken against his/her, he/she shall be granted, on request, the privilege of a hearing before a regularly constituted hearing committee. The following suggested hearing committee procedures satisfy the requirements of procedural due process in situations requiring a high degree of formality.

  • 1. The hearing committee shall include faculty members, students, or both. No member of the hearing committee who is biased or otherwise involved in the particular case shall sit in judgment during the proceeding.
  • 2. The student shall be informed, in writing, of the reasons for the proposed disciplinary action with sufficient particularity, and in sufficient time, to insure opportunity to prepare for the hearing.
  • 3. The student appearing before the hearing committee shall have the right to be assisted in his/her defense by a student or faculty advisor of his/her choice.
  • 4. The burden of proof shall rest upon the individuals bringing the charge.
  • 5. The student shall be given an opportunity to testify and to present evidence and witnesses. He/she shall have an opportunity to hear and question adverse witnesses. In no case shall the committee consider statements against him/her unless he/she has been advised of their content and of the names of those who made them, and unless he/she has been given an opportunity to rebut unfavorable inferences, which might otherwise be drawn.
  • 6. All matters upon which the decision may be based must be introduced into evidence at the proceeding before the hearing committee. The decision should be based solely upon such matter. Improperly acquired evidence should not be admitted.
  • 7. In cases heard by the Student Faculty Judiciary or the President’s Appeal Board (in absence of a transcript), there shall be both a digest and a verbatim record, such as a tape recording, of a hearing. In all other hearing committees, a digest shall be kept.
  • 8. The decision of the hearing committee shall be final, subject only to the student’s right to appeal.