Student Conduct Code

Judicial body means any person or persons authorized by the College to determine whether a student has violated the Student Conduct Code and to recommend imposition of sanctions to the Vice President of Student Affairs or designee when a violation of the Student Conduct Code has been committed.
Offenses Related to the College Judicial System
Offenses Related to Persons
Offenses Related to Property
Offenses Related to Health, Safety, and Welfare
Offenses Related to Operation of the College
Violation of Law and Student Conduct Code
Organization Violators of Student Conduct Code


A. Offenses Related to the College Judicial System
An offense related to the College Student Judicial/Student Conduct System is committed when a student:
  1. Refuses to respond to the official summons of a judicial/student conduct body or judicial/student conduct official.
  2. Deliberately falsifies or misrepresents information before any judicial/student conduct body or official.
  3. Deliberately makes a charge without proper cause against a student for violating the Student Conduct Code.
  4. Tries to influence the impartiality of a member or members of a judicial/student conduct body before or during the course of any judicial/student conduct hearing or interferes with the orderly conduct of the hearing.
  5. Makes an effort to intimidate or influence a person by any means whatsoever in an effort to discourage or prevent his or her bringing charges before or participating in any judicial/student conduct proceeding.
  6. Fails to comply with the sanction imposed under the Student Conduct Code.
B. Offenses Related to Persons
An offense related to a person or persons is committed when a student:
  1. 1. Physically abuses, verbally abuses, threatens, intimidates, harasses, coerces, and/or otherwise threatens or endangers the health or safety of another person. Physical abuse includes assault and fighting. All persons engaging in a fight are subject to judicial/student conduct action regardless of who started the fight.
  2. Participates in activity which recklessly or intentionally endangers the safety of oneself or others.
  3. Participates in sexual misconduct. Sexual misconduct is subjecting another person to unwanted sexual contact; “unwanted” means against a person’s wishes or without consent, including those instances in which a person is incapable of giving consent due to unconsciousness, sleep, impairment, or intoxication due to alcohol or other drugs taken voluntarily or without consent. Sexual misconduct includes sexual assault, incapacitated sex and/or sexual contact, sexual harassment, sexual exploitation, coercion for sex and/or sexual contact and retaliation.
  4. Commits rape. Rape is defined as engaging in sexual intercourse or deviant sexual intercourse by force or by engaging in such action with a person who is incapable of giving consent due to unconsciousness, sleep, impairment, or intoxication due to alcohol or other drugs taken voluntarily or without consent.
  5. Harasses, stalks, or intimidates another person.
  6. Creates, participates in a disturbance, or is present during a disturbance.
  7. Participates in lewd or indecent conduct.
  8. Participates in any unauthorized use of electronic or other devices to make an audio or video recording of any person while on College premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes but is not limited to surreptitiously taking pictures of another person.
  9. Fails to assure proper conduct of guest.
  10. Assists another student, student organization, or guest to violate College policy; aiding, abetting, conspiring, or being an accessory to any act prohibited by this Student Conduct Code.
  11. Disrupts or obstructs classes, teaching, research, labs, seminars, administration, judicial/student conduct proceedings, and other college activities, including the College’s functions on or off campus.
  12. Participates in hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The expressed or implied consent of the student will not be a defense. Any violation of the Pennsylvania anti-hazing law or the College’s Pledging/New Member Program Practices and Regulations shall also be a violation.
  13. Participates in computer abuse or any violation of the acceptable use policy for computing and communications.
  14. Violates College policies, rules, or regulations published in hard copy or available electronically on the College web site. This includes, but is not limited to, residential life, dining services, library, information technology, alcohol, drug, and parking policies.
C. Offenses Related to Property
An offense related to property is committed when a student:
  1. Purposefully and without the consent or authorization of the owner removes or has in his/her possession any property of the College or of another person.
  2. Enters or uses facilities or property of the College or another person without authorization from the appropriate College official or person.
  3. Intentionally or negligently destroys or damages property owned by the College or another person.
  4. Uses computing facilities and resources to send obscene or abusive messages.
D. Offenses Related to Health, Safety, and Welfare
An offense related to health, safety, and welfare is committed when a student:
  1. Misuses, removes, tampers with, or damages fire or safety equipment.
  2. Uses, possesses, or stores any firearms, explosives (including firecrackers), pellet guns, or other projectile impelling device or substances potentially injurious to persons or property.
  3. Engages in unauthorized games of chance for money or other gain on campus.
  4. Violates the College’s alcohol policy.
  5. Possesses, uses, distributes, sells, or is under the influence of marijuana, heroin, narcotics, hallucinogens, dangerous drugs, or controlled substances except as permitted by law.
  6. Possesses paraphernalia related to the dispensing or using of alcohol or illegal drugs.
  7. Possesses synthetic marijuana or K2-type products or other substances for unintended purposes.
  8. Misuses, shares, sells, and/or distributes prescription medication whether prescribed for self or others.
  9. Misuses student organization funds or property.
  10. Falsely reports an emergency.
  11. Fails to leave a building during emergency evacuation and drills or refuses to vacate any College facility.
  12. Violates any federal, state, or local laws on College premises or any college-sponsored activity.
  13. Off-campus violations of federal, state, or local laws.
E. Offenses Related to the Operation of the College
An offense related to the operation of the College is committed when a student:
  1. Falsifies information on records submitted to a College official or office.
  2. Forges, alters, takes possession of, duplicates, or uses documents, records, keys, or identification without consent or authorization of appropriate College officials.
  3. Fails to comply with the request of or to show respect to the residential life staff, public safety staff, or any member of the College community acting in the performance of his or her duties and authority.
  4. Fails to identify, or falsely identifies, oneself when requested by a member of the College community acting in the performance of his or her duty and authority.
  5. Falsifies or misrepresents information to a College official.
  6. Refuses to respond to a legitimate oral or written request (whether hardcopy or electronic) to report to a College official.
  7. Intentionally obstructs the administrative or academic operation and functions of the College.
  8. Obstructs or interferes with the reprimand, discipline, or apprehension of another person who is involved in committing an offense under the Student Conduct Code or other College regulations and rules, or withholds relevant information from College officials under circumstances when it is reasonable to expect a student to offer information, even if it is not specifically requested.
  9. Enters or attempts to enter any College building during the academic year or College breaks/vacation periods without proper authorization.
  10. Visits in an individual’s residence hall at times and under conditions that are prohibited by College policy.
  11. Fails to leave a building during emergency evacuation and drills.
  12. Misuses telecommunications/information technology equipment or files.
  13. Keeps pets in College buildings or on College grounds unless prior approval by the associate dean of student affairs has been given.
Note: The list of acts of misconduct that constitute violations of the Student Conduct Code is not all-inclusive.

Violation of Law and the Student Conduct Code
Generally, College judicial/student conduct jurisdiction shall apply to conduct which occurs on College premises or which, if it occurs off the College premises, adversely affects the College community or the pursuit of its objectives.

Violations of College policy, whether violations of the law or not, which occur off campus are subject to College judicial/student conduct action. The College may pursue judicial/student conduct action against a student at the same time the student is facing criminal charges even if the criminal prosecution is pending, has been dismissed, or the charges have been reduced. In some cases, students will receive an interim suspension until criminal proceedings are resolved.

Students who violate laws off campus may also face College judicial/student conduct sanctions. More specifically, if a student is arrested for DUI, controlled substance, marijuana and/or drug paraphernalia, and/or violence related to alcohol or drug issues, College charges will be filed. In cases of open containers and underage possession, the College reserves the right to bring charges; however, repeated offenses of this nature will result in College charges.

Entry of the arrest of a student into a police blotter is considered sufficient documentation to refer the student to the College judicial/student conduct system. First-time minor offenses may result in a letter of censure rather than referral to the College judicial/student conduct system.

Students in College-sanctioned activities must follow the same policies of conduct and possible judicial/student conduct actions if on campus.

Filing Charges
  1. Any member of the campus community may file a charge by completing an incident report and judicial/student conduct complaint form and submitting them to the vice president of student affairs and dean of students or designee.
  2. No time limit for submitting a charge is mandated unless it is otherwise specified. Charges should be submitted as soon as possible after the incident.
  3. All charges shall be presented to the respondent in written form. A time shall be set for a hearing that gives all parties sufficient time to prepare for a hearing, but not more than 15 class days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the vice president of student affairs and dean of students or designee.
  4. Charges may be filed individually or jointly with another representative of the College. The College reserves the right to pursue charges on its own if sufficient witnesses can document the occurrence of a violation.
Judicial/Student Conduct Bodies
Judicial/student conduct body means any person or persons authorized by the College to determine whether a student has violated the Student Conduct Code and to recommend imposition of sanctions to the vice president of student affairs and dean of students or designee when a violation has been committed. In most cases, area coordinators (lower level cases) and/or the associate dean of student affairs will resolve alleged violations of College policy.

Duties of Members
It is the duty of all members of a judicial/student conduct body to keep all proceedings confidential. It is the responsibility of members to disqualify themselves whenever they feel they cannot in good faith and with an open mind hear the dispute impartially and without prejudgment of the specific case before the judicial/student conduct body. If a member refuses to disqualify himself or herself and a party objects, the vice president of student affairs and dean of students or designee shall determine whether or not the member must withdraw. A written rational must be presented to the vice president of student affairs and dean of students or designee at least 48 hours prior to the hearing.

A student member of a judicial/student conduct body found responsible of a violation while serving on a judicial/student conduct body may be dismissed or suspended from the board for a period of time.

Responsibilities and Ethical Standards of Judicial/Student Conduct Bodies
  1. The judicial/student conduct record of a student or group, the nature or status of any judicial/student conduct situation, and any information elicited during a hearing shall not be discussed or disclosed outside the hearing.
  2. An objective attitude must be maintained throughout the proceedings. Members have an obligation to disqualify themselves from a hearing when they feel that they cannot be impartial in reaching a decision.
  3. Any decision reached by the judicial/student conduct body must be based solely on the evidence presented. During a hearing, members are to refrain from making accusations or statements of any kind which cannot be supported.
  4. In all hearings, the vote of each member is confidential and must not be shared outside the hearing. Once a decision has been reached, the decision must be upheld by all members of the board, even though there might be dissenting opinions.
  5. No decision should be based on an outside influence. Members approached by any person whose intent is to influence the deliberation should report the incident to the proper authority.
  6. The dignity of the respondent and the complainant must be respected by the judicial/student conduct body at all times.
Administrative Review
As the Judicial Affairs/Student Conduct Officer for the College, the vice president of student affairs and dean of students or designee is responsible for coordinating all aspects of the College judicial/student conduct system. The associate dean of student affairs receives all judicial/student conduct complaint forms, hears or refers cases to the appropriate judicial/student conduct body, investigates or appoints an investigator, and maintains all the necessary forms and judicial/student conduct records.
The vice president of student affairs and dean of students or designee may hear or create a campus judicial/student conduct board to hear cases of a sensitive nature or cases that may result in suspension or expulsion. Before the campus judicial/student conduct board’s decision is announced, the chair will convey the decision, rationale and recommended sanction, if any, to the vice president of student affairs and dean of students or designee in writing.

Investigation
An alleged violation of the Student Conduct Code will be reported to the vice president of student affairs and dean of students or designee, who may investigate or assign the case to a member of the College community for investigation. The Office of Public Safety will also be party to investigations of alleged violations of College policy. The purpose of the investigation is to gather information about the alleged violation and determine whether or not there is enough evidence to present charges. The investigator (judicial/student conduct officer) has the authority to question parties and request written statements. If a student does not provide a statement, the investigator’s notes from any conversation may be used. After the investigation is complete, the vice president of student affairs and dean of students or designee will notify the respondent of the status of his or her case. If there is not enough evidence for charges to be presented to the student, the vice president of student affairs and dean of students or designee may close the case or may leave the case open if waiting for additional information. If there is sufficient evidence, charges will be presented to the student.

The vice president of student affairs and dean of students or designee or judi-cial/student conduct officer may later serve in the same manner as the judicial/student conduct body or a member thereof.

Resolution of Student Conduct Code Changes
After being presented with the charges, the respondent shall be informed that:
  1. 1. The student may admit the alleged violation and the vice president of student affairs and dean of students or designee will take appropriate action.
  2. 2. The student may deny the alleged violations (in which instance there may be a hearing) the case may be referred to the associate dean of student affairs or designee, or the campus judicial/student conduct board. The decision to refer a case to a campus judicial/student conduct board will be made by the associate dean of student affairs.

Whenever a hearing is required, the vice president of student affairs and dean of students or designee shall contact the appropriate individuals and inform them of the time and place of the hearing. Normally, the hearing will be scheduled within 15 class days after receiving notification from the vice president of student affairs and dean of students or designee. In cases where an investigation is required, a hearing will be scheduled within 15 class days after the completion of the investigation. The judicial/student conduct officer or the chair of a campus judicial/student conduct board shall transmit to the vice president of student affairs and dean of students or designee the record of the proceedings and resulting recommendations of each hearing. The records shall consist of all written materials related to the case or the taped transcript of the hearing. All records shall be the property of the College.

Conflict Mediation
In some instances, interpersonal conflicts may arise where mediation may prove to be an alternative to a formal hearing. The purpose of the mediation process is to promote reconciliation, or bring together parties who have a conflict for the purpose of resolving that conflict and effecting an agreement. This process also affords the opportunity for discussion of varying points of view, and encourages individuals to come forward to seek means for informal conflict resolution and the prevention of inappropriate behavior. Mediation will involve resolution of the incident, including sanctioning when needed.

If mediation is to be implemented, all parties in conflict must agree to the process as an option to resolving their dispute. Mediation, when chosen as a means to settle conflict, must precede the judicial/student conduct process. The judicial/student conduct process, however, remains an option should mediation prove unsuccessful.

Once an agreement has been finalized and signed, the option of bringing a charge through the judicial/student conduct process is open to either party who becomes convinced that a term of the agreement has been breached by a participant in that agreement. In order to proceed, however, individuals must be continuing students.

Student Rights
Student and student organization judicial/student conduct rights include:
  1. To receive written notice of the charges.
  2. To be presumed not responsible until proven responsible.
  3. To challenge the objectivity of any member of a judicial/student conduct body.
  4. To present evidence and witnesses relevant to the charge.
  5. To hear/review all evidence.
  6. To be assisted by any advisor they choose from among College community members. The advisor may not be an attorney. The complainant and/or the respondent is responsible for presenting his or her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a judicial/student conduct body.
  7. To remain silent with no conclusions being drawn from the silence.
  8. To decline to appear at the hearing with the understanding that the case will be considered in his/her absence.
  9. To be given notification of decision and findings of the hearing.
  10. To request an appeal.
Hearing Guidelines
The goal of a College proceeding is to arrive at a fair and impartial decision that ensures the rights, freedoms, and safety of all members of the Lebanon Valley College community while protecting the special educational interests of the College.

The procedures of the judicial/student conduct hearing do not include the rules enforced in the criminal or civil court. Testimony is not given under oath. The technical rules of evidence are not followed. Hearings shall be conducted in private.
  1. Both the respondent and the complainant shall submit the names of all witnesses who shall appear, along with signed statements from these witnesses of the testimony they will provide, and other evidence both intended to introduce to the vice president of student affairs and dean of students or designee no less than 48 hours (excluding weekends) prior to the hearing. The opposing parties shall receive this information prior to the hearing. The judicial/student conduct body may limit the number of witnesses for such reasons as redundancy and relevancy.
  2. The respondent and the complainant are responsible for ensuring their witnesses appear at the appropriate date, time, and place of the hearing. Failure to appear on official request to give testimony before a judicial/student conduct body of the College, or failure to give testimony or truthful testimony before such a body is a violation of the Student Conduct Code and may result in judicial/student conduct action.
  3. The complainant, the respondent, and their advisors, if any, shall be allowed to attend the entire hearing at which information is presented (excluding delibera-tions). Witnesses will provide information to and answer questions relevant to the incident from the judicial/student conduct body.
  4. The complainant and the respondent have the right to be assisted by any advisor they choose who is a member of the College community. The advisor may not be an attorney or non-college personnel. The complainant and/or the respondent is responsible for presenting his or her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a judicial/student conduct body
  5. All procedural questions are subject to the final decision of the chairperson of the judicial/student conduct body.
  6. Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by a judicial/student conduct body at the discretion of the chairperson.
  7. Except in the case of a student charged with failing to obey summons of a judi-cial/student conduct body or College official, no student may be found to have violated the Student Conduct Code solely because the student failed to appear before a judicial/student conduct body. In all cases the evidence in support of the charges shall be presented and considered.
  8. There shall be a record of hearings before a judicial/student conduct body. The record shall be the property of the College. The record may be a tape recording which will be the property of the College.
  9. After the hearing, the judicial/student conduct body shall determine (by majority vote if the judicial/student conduct body consists of more than one person) whether the student has violated each section of the Student Conduct Code which the student is charged with violating
  10. The judicial/student conduct body’s decision shall be made on the basis of whether it is more likely than not that the respondent violated the Student Conduct Code. The burden of proof will be preponderance of the information. The judicial/student conduct body is expected to use its best judgment in preserving the rights of the student in our College community, to weigh evidence, establish responsibility or not, and recommend appropriate sanctions. In the event that the charge(s) is/are declared true, before the sanction is determined, there shall be a review of the respondent’s judicial/student conduct record by the judicial/student conduct body. The recommended sanctions will then be referred to the vice president of student affairs and dean of students or designee for approval and/or modification.
  11. The respondent will be given notification of the decision and findings of the hearing. If applicable, the complainant will be notified of the outcome verbally.
  12. In hearings involving more than one respondent, the judicial/student conduct body may permit the hearings concerning each student to be conducted separately or jointly.
  13. If a student charged with alleged violations of the Student Conduct Code officially withdraws from the College before the final determination of the case by the judicial/student conduct body, his/her permanent transcript may be annotated “Withdrawn Pending Disciplinary Action.”
Hearing Procedure
If the investigation verifies that an infraction of the Student Conduct Code may have occurred, the following hearing procedures will be invoked:
  1. The judicial/student conduct body is introduced.
  2. All persons are reminded of confidentiality, and informed that the hearing may be taped.
  3. Charges are presented to the respondent by the judicial/student conduct body.
  4. The respondent responds to the charges.
  5. Complainant makes introductory remarks.
  6. Respondent makes introductory remarks.
  7. The complainant presents information and is questioned by the judicial/student conduct body.
  8. Witness in support of the charges presents information and is questioned by the judicial/student conduct body.
  9. The respondent presents information and is questioned by the judicial/student conduct body.
  10. Witness in support of respondent presents information and is questioned by the judicial/student conduct body.
  11. If, in the opinion of the vice president of student affairs and dean of students or designee, the presence of the respondent during the testimony of a particular witness would cause unusual embarrassment or emotional distress to the witness, the judicial/student conduct body may excuse the respondent from the room during the taking of the witness’ testimony. However, in such an instance, participation by telephone, videotape, or a tape recording is permitted. The recording of the testimony will be played back to the respondent at the conclusion of the witness’ testimony and the respondent will be given a chance to respond to it.
  12. During the course of the hearing, the judicial/student conduct body may determine that the information presented at the hearing warrants an additional charge or change from the charges originally presented. The respondent will be notified of the change in charges or additional charges. The respondent will be given the opportunity to continue or reschedule the hearing.
  13. The complainant makes a final statement.
  14. The respondent makes a final statement.
  15. The judicial/student conduct body deliberates with all others excluded and recalls anyone it deems necessary.
  16. The judicial/student conduct body renders its recommended action/sanction.
  17. The judicial/student conduct body, if the charge is upheld, recommends sanctions to the vice president of student affairs and dean of students or designee that is commensurate for the nature of the offense and the current judicial/student conduct record of the respondent. The associate dean of student affairs shall receive the final judicial/student conduct hearing results and will take the actions he or she deems to be appropriate.
  18. The respective parties in some situations are informed of the decision.
  19. The right to appeal is presented to the respondent and the complainant.
  20. All sanctions will remain in effect during the appeals process.
  21. All written or taped records of a hearing are the property of the College.
The object of these procedures is to create a fair process, providing the College with a reasonable opportunity to obtain the facts. A hearing is not a trial, and these procedures should not be followed mechanically without consideration of the circumstances. Failure to follow these procedures will not change a judicial/student conduct decision unless it resulted in prejudice to the individual(s) involved. In unusual circumstances, the vice president of student affairs and dean of students or designee has the authority to specify alternative procedures for deciding matters of a judicial/student conduct nature.

Determination of Sanctions
Students who receive a sanction should realize that the following principles apply in the determination of sanctions:
  1. Sanctions ordinarily are increased for subsequent offenses although the most severe sanction can be applied even in the case of the first offense if such sanction is warranted by the seriousness of the circumstances.
  2. The person’s past judicial/student conduct record is reviewed in determining a sanction.
  3. The readiness of the person to consider and abide by the Student Conduct Code is taken into consideration.
The College recognizes the impossibility of anticipating every circumstance under which the judicial/student conduct authority of this College must be exercised. The College also recognizes the possibility that compelling circumstances may require that certain procedures normally afforded students may be suspended. To facilitate the prompt adjudication of a campus judicial/student conduct matter under such circumstances, the vice president of student affairs and dean of students or designee shall hold an administrative hearing. The student’s procedural rights shall remain in effect and an appeal resulting from the administrative hearing shall be handled by the vice president of student affairs and dean of students.

Good Samaritan/Medical Amnesty Policy:
In cases of excessive alcohol consumption or intoxication, the primary concern is for the health and safety of the individual(s) at risk. Individuals are strongly encouraged to call for medical assistance for themselves or for a friend/acquaintance who is dangerously intoxicated or injured. A student seeking assistance from College personnel or medical treatment for another student will receive medical amnesty (will not be subject to judicial/student conduct action for alcohol violations) unless they are found to have contributed to that student’s condition (e.g., purchasing or furnishing alcohol to that student). Students are reminded that, in a community setting, all are expected to take responsibility for the well-being of others.

To receive medical amnesty, a student who has consumed alcohol, and seeks assistance for another in need of medical emergency care must:
  • Be the first person to contact residential life or public safety to report that a person needs medical assistance due to alcohol consumption.
  • Provide his/her own name to residential life or public safety when they call.
  • Remain with the person needing medical assistance until residential life or public safety Staff arrive and the need for their presence has ended.
A student who engages in drinking practices or activities that seriously threaten one’s health and safety who
  1. seeks help from a member of the residential life or public safety staffs or
  2. has a friend seek help for him/her will be considered for a one time medical amnesty. However, the student will be required to participate in counseling sessions.
Sanctions
More than one of the following sanctions listed may be imposed upon any student found to have violated the Student Conduct Code:

Disciplinary Warning
A written statement to the student expressing disapproval of conduct.

Disciplinary Reprimand
A written statement to the student, expressing vigorous disapproval of conduct and that continuation or repetition of similar misconduct may be cause for more severe sanctions. Special conditions may be part of this sanction to assist the student in corrective action. In some cases, parent(s) or guardian(s) will be notified.

Disciplinary Probation
A written statement to the student indicating that he/she will retain conditional status for a specific period of time because his or her behavior is in flagrant or repeated violation of College standards. Probation is for a designated period of time and may include the probability of suspension or expulsion from the College if the student is found to be violating any College policy during the probationary period. Loss of privileges may be included with this sanction, such as participation in co-curricular activities, i.e., clubs, organizations, athletic activities. Parent(s) or guardians will be notified of this sanction.

Loss of Privileges
Denial of specific privileges for a designated period of time. Denial of privileges may include, for example, denial of the right to represent the College in any way, denial of the use of facilities, denial of parking privileges, denial of participation in co-curricular activities and College employment, denial to hold a leadership position, loss of financial aid for a designated period of time, suspension from an athletic team or performing group, loss of housing lottery privileges, loss of housing privileges, or loss of pledging privileges.

Cease and Desist Order
A cease and desist order can be imposed for an interim period pending hearing by the associate dean of student affairs or his/her designee as a measure to de-escalate a potentially volatile situation between a student and any other party. Imposing a cease and desist order carries with it the expectation that formal charges have been or will be filed or deemed in the best interest of the student(s) or College. Continuation of a cease and desist order may be included as part of a judicial/student conduct sanction.

Restitution
A written directive to replace or make specified compensation for property of the College or of another person which was damaged, destroyed, or misused.

Fines
The College reserves the right to levy fines in addition to taking judicial/student conduct action.

Community Service/Discretionary Sanctions
Community service involves service projects within Lebanon Valley College or the greater community, work assignments or other discretionary assignments approved by the judicial/student conduct body.

Counseling/Assessment
To assist the student in developing better problem-solving skills and coping mechanisms, counseling may be required. This sanction typically addresses issues involving anger management, relationships, or alcohol and other drugs. A student whose level of intoxication is such that it is potentially life threatening, requires medical attention, involves injury, or results in property damage may be required to have an assessment and be required to follow the recommendations of the assessments. Failure to attend mandatory counseling sessions or to participate in good faith in counseling sessions, may result in imposition of additional sanctions.

Residence Hall Probation
Residence Hall Probation is a warning that further violations of the Student Conduct Code may result in suspension or expulsion of housing privileges, loss of residence hall choice, loss of housing lottery privileges, or loss of off-campus privileges. A student may be reassigned to another room or residence hall while on residence hall probation. The student may also be placed on weekend residence hall suspension. (The student is not allowed on campus or allowed to participate in College events from 5 p.m. on Friday until 5 p.m. on Sunday.)

Residence Hall Suspension
This sanction involves separation of the student from the residence halls for a definite period of time. The student may reapply for housing after the stated period of suspension. Specific restrictions on access to residence halls during the period of suspension may also be involved. Conditions for readmission may be specific. Any consideration of monetary refund is subject to the College’s Title IV refund policy.

Residence Hall Expulsion
Permanent separation of the student from the residence halls results from Residence Hall Expulsion. Specific restrictions on access to residence halls may be involved. Any consideration of monetary refund is subject to the College’s Title IV refund policy.

Suspension
This sanction results in separation of the student from the College for a definite or indefinite period of time, after which the student may be eligible to return. Readmission is subject to approval and conditions for readmission may be specified. Such separation prohibits the student from being on campus or other College-owned property and attendance at any classes, social events, and activities for a specified period of time. The date of suspension will be entered on the student’s permanent record. Any consideration of monetary refund is subject to the College’s Title IV refund policy. The student will not be permitted on campus or other College-owned property. A copy of the written sanction will be sent to the parent(s) or guardian(s).

Disciplinary Expulsion
Disciplinary Expulsion is the permanent separation of the student from the College which includes complete and irrevocable termination of the student’s registration. The student will not be allowed to return to the College if he/she applies for readmission. The date of dismissal shall be entered on the student’s permanent record. Any consideration of monetary refund is subject to the College’s Title IV refund policy. Parent(s) or guardian(s) will be notified.

Interim Suspension
In certain circumstances, the vice president of student affairs and dean of students or designee may impose a College or residence hall suspension prior to the hearing before a judicial/student conduct body.

Interim suspension may be imposed only: (a) to ensure the safety and well-being of members of the College community or preservation of College property; (b) to ensure the student’s own physical or emotional safety and well-being; (c) if the student poses a definite threat of disruption or interference with the normal operations of the College; (d) if the student has been charged with a serious crime.

During the interim suspension, students shall be denied access to the residence halls and/or to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the vice president of student affairs and dean of students or his/her designee may determine to be appropriate. A hearing will be scheduled as soon thereafter as practical. In situations where a student is charged with a serious crime, a hearing may be delayed until disposition of the charges by public authority.

Carryover Cases
In the event that a hearing cannot be held at the end of the academic year, the case may be carried over to the following Fall Term if the student is not graduating. End-of-year violations by graduating seniors must have a hearing and disposition prior to the student being able to officially graduate. The College will make reasonable efforts, but is not obligated to schedule and conduct a hearing for graduating seniors prior to commencement ceremonies.

Judicial/Student Conduct Records
Student judicial/student conduct files are kept in the Office of Student Affairs until the student graduates or officially withdraws from the College. If a student is suspended or expelled, the file may be kept for a longer period of time.

Notification of Judicial/Student Conduct Decisions
The vice president of student affairs and dean of students or his/her designee sends written notification of student violations, sanctions, and recommendations to appropriate College officials who might provide counseling or assistance to the student, and to other College officials having legitimate educational interests. In cases of residence hall probation, disciplinary probation, removal from College housing, suspension or expulsion, a letter is sent to the parents or guardians of the student. The College will notify parents of violations of alcohol and/or drug policies by students under age 21. Notification of suspension or expulsion is filed with the Registrar’s Office. In cases of suspension, the student’s transcript indicates withdrawal and the date when the action became effective. In cases of expulsion, the student’s transcript will indicate this sanction.

Non-Compliance with Penalties
In cases of non-compliance with sanctions or remedies issued by any campus judi-cial/student conduct body, the student may be charged with failure to comply or may be suspended until he/she has complied.

Revocation of Admission
Lebanon Valley College reserves the right to revoke admission to admitted or deposited students for fraud, misrepresentation, violation of College standards, or for other serious violations committed by a student prior to enrollment at Lebanon Valley College. The vice president of enrollment along with the vice president of student affairs and dean of students will handle situations of this type.

Students Status Pending Final Action
Pending action on the charges, the status of a student should not be altered, or his/her right to be present on campus and to attend classes, except when placed on interim suspension.

Student Withdrawal
If a student withdrawals from the College prior to the adjudication of the alleged violations of College Policy, those charges must be adjudicated prior to the student returning to the College. In addition, the student is prohibited for being on campus.

Withholding of Diploma Policy
The College may withhold a student’s diploma for a specified period of time if that student has judicial/student conduct charges pending, or the student was found responsible for violating policy and the judicial/student conduct body or the associate dean of student affairs assigns this as a sanction. The student may also be denied participation in graduation while charges are pending or as a sanction. In addition, the College may withhold a student’s transcript if the student has judicial/student conduct charges pending, or if the student was found responsible for violating policy and the judicial/student conduct body or the associate dean of student affairs assigns this as a sanction.


Organization Violators of the Student Conduct Code
All College Organizations Are Expected to:
  1. Support the mission and goals of the College
  2. Insure that the policies, practices, and actions of the Organization uphold the rights and dignity of its members
  3. Insure that the organization activities provide a healthy and safe environment that complements the mission of the College
  4. Adhere to all federal, state, and local laws, and the Lebanon Valley College Student Conduct Code
  5. Actively and adequately support the College’s internal policies and educational programs related to alcohol and other drugs, sexual harassment, harassment, and racial harassment
Any member of the College community may file a charge that members of a group, acting in concert, have violated a College regulation, or that the group provided the impetus or probable cause for such behavior. The judicial/student conduct procedures and the rights of the respondent in an alleged group violation of College conduct regulations are the same as those specified for charges relating to the individual violators of the Student Conduct Code. The respondent group, through its president or chief officer, will be entitled to exercise all of the rights of an individual who is alleged to have violated a College conduct regulation. Fraternity/sorority violations of the College’s pledging regulations will be heard by the associate dean of student affairs and appeals will be made only to the vice president of student affairs and dean of students, whose decision is final.

Disciplinary Sanctions Relating to Organizations
Recognized student organizations, including fraternities and sororities, will be subject to one or more of the following disciplinary sanctions when members of the organization, acting in concert, engage in unacceptable behavior, or when it can be shown that the organization provided the impetus or probable cause for such behavior.

Individuals who join together to share common interests and purposes also collectively share a common responsibility. They must ensure that individual members, alumni, and guests or groups of members reflect favorably upon their organization. A group cannot ignore or escape its responsibility for the action of its members. The committing of any offenses by a group or a failure of an organizing group to exercise preventative measures relative to violation of the Student Conduct Code by their members shall constitute a group offense. Any group may be held accountable for the action of its members if such activities are related in any way to the group. Individuals may also be held accountable for their actions when their group faces charges for a violation. Moreover, it must be understood that while special interest groups are viewed as worthwhile components of the educational experience, the College will encourage and recognize such groups only so long as the actions of their members are consistent with the College’s mission and expectations.

In addition to the sanctions already listed, the following sanctions may also be used as organizational sanctions. More than one of these sanctions may be imposed for any single violation. Any violation of the Student Conduct Code by members of a student organization may result in both the organization and members involved in the behavior to be subject to disciplinary action.

Fines
The College reserves the right to levy fines in addition to taking judicial/student conduct action according to the sanctions listed below.

Community Service
Community service involves service projects within the College or the greater community.

Restitution
A written directive to replace or make specific compensation for property of the College or any person which was damaged, destroyed, or misused.

Warning
An organization will be placed “On Warning” for a specified period of time with the understanding that subsequent misconduct will result in additional judicial/student conduct action.

Probation
Probation requires that the organization display exemplary conduct during the probationary period. Any further violation during the time of probation may result in termination of the College recognition as a student organization.

Loss of Privileges
A student organization may lose any or all privileges of a College-recognized student organization for a period of time. Loss of privileges includes, but is not limited to:
  • Lounges
  • Intramural sports
  • Housing
  • Recruitment of members
  • Use of College’s or organizational resources, facilities, or services.
  • Participation of organization in campus events
Suspension
The organization will not be permitted to function on the College campus for a specified period of time. The organization may not function IN ANY MANNER as an organization during the period of suspension.

Loss of Recognition
The group’s status as a recognized student organization will be withdrawn. It will cease to exist and function on the College campus permanently. In the case of fraternities and sororities, the organization’s invitation to affiliate with the College will be revoked. The organization may not use the College’s name or its facilities, campus publications, or any of its services.

Any duplicitous action or behavior shall be considered a violation of the sanction and could result in the dismissal of any/or all members of the organization from the College.

Appeals Process
Reasons for Appeal
The respondent or complainant may appeal a decision in a case for the following reasons (severity of sanctions, due process, or new information):
a. To determine whether the sanction(s) imposed were appropriate for the violation of policy for which the student was found responsible;
b. To determine presence of any procedural error which substantially affected the outcome of the case;
c. To determine if new information that is discovered which was not available at the time of the investigative process could have affected the outcome of the case.

Process for Appealing

A student wishing to appeal should submit their written appeal stating the reasons for such a request to the vice president of student affairs and dean of students within five (5) business days of receipt of the original decision. Appeals are due by 4:30 p.m. on the fifth day following the original decision. Sanctions are in effect while a case is under appeal.

The decision of the appeal by the vice president of student affairs and dean of students is final. The student is entitled to only one appeal.

If the vice president of student affairs and dean of students becomes so involved in the investigation or adjudication of a case such that he/she feels his/her impartiality may be compromised, he/she may defer appellate responsibilities for the case in question to the president of the College or his/her designee.

Lebanon Valley College reserves the right to amend any administrative policy and academic or judicial/student conduct regulations described in the Student Life Handbook, without giving prior notice to persons who might be affected. The provisions of this handbook are not to be regarded as an irrevocable contract between the College and the students or between the College and the parents of the students. During the academic year, the College reserves the right to change the services, policies, and procedures that are set forth in the handbook as they become necessary. At the date of publication, the information provided in the handbook was as complete and accurate as possible.