In-person learning delayed until Feb. 15. Classes start online Feb. 1.
In-person learning delayed until Feb. 15. Classes start online Feb. 1.
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.
An offense related to the College Student Judicial/Student Conduct System is committed when a student:
An offense related to a person or persons is committed when a student:
An offense related to property is committed when a student:
An offense related to health, safety, and welfare is committed when a student:
An offense related to the operation of the College is committed when a student:
Note: The list of acts of misconduct that constitute violations of the Student Conduct Code is not all-inclusive.
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.
If 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.
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.
Students who receive a sanction should realize that the following principles apply in the determination of sanctions:
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 or designee.
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 the member must withdraw. A written rationale 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.
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:
A student who engages in drinking practices or activities that seriously threaten one’s health and safety who:
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.
If the investigation verifies that an infraction of the Student Conduct Code may have occurred, the following hearing procedures will be invoked:
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 their 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.
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 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 their 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 judicial/student conduct officer may later serve in the same manner as the judicial/student conduct body or a member thereof.
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), the associate director of residential life, the associate dean of student affairs and/or other administrative representatives will resolve alleged violations of College policy.
Student judicial/student conduct files are kept in the Office of Student Affairs until the student graduates or officially withdraws from the College. The files of students who are expelled, suspended or have significant disciplinary history may be kept for a longer period of time.
In cases of non-compliance with sanctions or remedies issued by any campus judicial/student conduct body, the student may be charged with failure to comply or may be suspended until they have complied.
The vice president of student affairs and dean of students or their 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 from courses. In cases of expulsion, the student will be withdrawn from courses and Permanent Disciplinary Dismissal will be recorded on the transcript.
After being presented with the charges, the Respondent shall be informed that:
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 and the digital recording of the hearing. All records shall be the property of the College.
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 management along with the vice president of student affairs and dean of students will handle situations of this type.
More than one of the following sanctions listed may be imposed on any student found to have violated the Student Conduct Code:
A written statement to the student expressing disapproval of conduct.
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.
A written statement to the student indicating that he/she will retain conditional status for a specific period of time because their 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 their 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.
A written directive to replace or make specified compensation for property of the College or of another person that was damaged, destroyed, or misused.
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.
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, domestic violence, 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 pay for private, off campus 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.)
Restrictions on access to residence halls and/or specific locations within residence halls during a specified period of time may be enacted. Any consideration of monetary refund is subject to the College’s Title IV refund policy.
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.
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 student will be withdrawn from courses. 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 is the permanent dismissal and separation of the student from the College that 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 student will be withdrawn from courses and Permanent Disciplinary Dismissal is recorded on the student’s transcript. Any consideration of monetary refund is subject to the College’s Title IV refund policy. Parent(s) or guardian(s) will be notified.
Student and student organization judicial/student conduct rights include:
Pending action on the judicial/student conduct charges, the status of a student or their right to be present on campus and to attend classes should not be altered except when interim measures or interim suspension are issued by the College.
Generally, College judicial/student conduct jurisdiction shall apply to conduct that 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 and/or other interim measures until criminal proceedings are resolved.
Students who violate laws off campus may also face College judicial/student conduct action. 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 and/or notification by local law enforcement/criminal justice agencies 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/warning 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.
If a student withdraws 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 from being on campus.
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 vice president of student affairs and dean of students or designee 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 vice president of student affairs and dean of students or designee assigns this as a sanction.
All College organizations are expected to:
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.
Recognized student organizations, including Greek organizations, will be subject to one or more of the judicial/student conduct sanctions listed below 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 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 sanctions listed below 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 judicial/student conduct action.
The College reserves the right to levy fines in addition to taking judicial/student conduct action according to the sanctions listed below.
Community service involves service projects within the College or the greater community.
A written directive to replace or make specific compensation for property of the College or any person that was damaged, destroyed, or misused.
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 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
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.
The Respondent may appeal a decision in a case for the following reasons (severity of sanctions, due process, or new information):
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 business 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 and/or designee 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 their impartiality may be compromised, he/she may defer appellate responsibilities for the case in question to the president of the College or their designee.
Lebanon Valley College reserves the right to amend any administrative policy and academic or judicial/student conduct regulations described in the Student 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.