1.    The term “university” shall refer to the community of faculty, staff, and students at IUP, as well as to premises and facilities.

2.    The term “student” shall include any person currently enrolled, in the process of registration, or who will be registered for an academic term, course, program, or activity at the university.

3.    The term “faculty member” shall mean any person employed by the university who holds academic rank or performs teaching or research duties.

4.    The term “staff member” shall mean any person employed by the university or the Student Cooperative Association who is not considered faculty.

5.    The term “university premises/facilities” shall mean all buildings or grounds owned, leased, operated, controlled, or supervised by the university or the Student Cooperative Association.

6.    The term “organization” shall mean a group of persons who have complied with university requirements for registration or recognition.

7.     The term “university (sponsored) activity” shall mean any activity on or off campus, which is initiated, aided, funded, authorized, or supervised by the university or the Student Cooperative Association.

8.    The terms “will” and “shall” are to be used in the imperative sense, not imparting a choice.

9.    The term “may” is to be deemed permissive, imparting a choice.

10.  The terms “vice president for Student Affairs” and “director of Housing and Residence Life” refer to individuals holding those positions or their designee.
 

1. Unauthorized Entry/Unauthorized Use
   Attempted or completed entry into or use of university facilities or property without authorization.
   
   a.        Attempted or completed entry into or use of university
            facilities or property without authorization.
   b.        Attempted or completed entry into the property of another,
            to include a room, house, building, business, or privately
           owned residence without authorization.
   c.        Unauthorized use of university property or equipment.

    
    

2. Property 


a.        Possession of stolen university property or the property of
        any individual group or entity.
b.        Theft of university property or property of any individual
        group or entity.
c.        Destruction and/or damage to university facilities or the
        property of any individual, group, or entity.

 
 

3. Event Registration: Facilities Use
   Violation of policies or regulations governing the registration of student organizations, events on campus, and use of university facilities.

    
    

4. Alcohol


a.        Possession of alcoholic beverages on university premises or
        facilities except as provided in the University Alcohol Policy.
b.        Possession of alcoholic beverages off campus by individuals
        under the age of 21.
c.        Consumption of alcohol on university premises or facilities
        (including underage drinking) except as provided in the
        University Alcohol Policy.
d.        Consumption of alcohol off campus by individuals under the
        age of twenty-one.
e.        Excessive use of alcohol resulting in a state of intoxication
        that endangers oneself or other members of the
        community. Excessive use includes (but is not limited to)
        use resulting in a need for medical attention, inability to
        function without assistance, unconsciousness, inability to
        recall events, incoherent or disoriented behavior, loss of
        control of bodily functions, and/or having a blood alcohol
        level of .16 or above.
f.         Driving while under the influence of alcohol (blood alcohol
        level above .08 for individuals over 21; blood alcohol level
        over .02 for underage individuals).
g.        Sale and/or distribution of alcohol by persons of any age to
        persons under the age of twenty-one, including, but not
        limited to, charging admission to social events where
        alcohol will be served.

 

5. Automotive 
   a.       Violation of university parking regulations and Student
           Cooperative policies governing the use of automobiles,
           motorcycles or other motor vehicles parked or driven on
           university property and designated parking areas.
   b.       Skateboarding, in-line skating, and bicycling on university
           property in a manner that cuts, grinds, or that may deface
           the edges of steps and other property is prohibited.
   c.        Bicycles will be operated in a safe manner on campus and
           riders will comply with state and local regulations governing
           the use of bicycles.

    
    

6. Obstruction/Disruption    
   Obstruction or disruption of teaching, research, administration, disciplinary procedure, or other university activities including its public service functions, or of other authorized activities.

    
    

7. Abuse/Harassment/Sexual Assault/Stalking 


a.        Abuse - Physical intimidation and/or assault, or conduct
        which threatens or endangers the health, safety, or well
        being of any person or group. Abuse includes (but is not
        limited to) hitting, kicking, slapping, punching, pushing,
        and/or spitting on another person or persons.
b.        Harassment – Verbal intimidation, invasion of privacy, or
        any threat to the well-being of a person or group which is
        communicated verbally, in writing, or through contact by
        telephone, computer, a third party, or by any other means
        of communication.
c.        Attempted or completed sexual assault - includes (but is
        not limited to) rape, attempted rape, and/or performing or
        attempting to perform unwanted sexual behaviors (including
        touching) without the person’s consent.  Rape is defined as
        sexual intercourse that is perpetrated against the will of the
        victim by a person or persons known or unknown to the
        victim. Sexual Assault includes, but is not limited
        to,engaging in sexual behavior with a person who is
        unconscious and/or mentally impaired (including
        impairment by intoxication and/or other substance abuse).
d.        Stalking - Conduct or repeated acts toward others, including
        (but not limited to) willfully following and/or contacting
        someone with the intent and/or effect of creating fear or
        emotional distress.

 

8. Drugs
   a.        Drug Paraphernalia – Any equipment, product or material of
            any kind (containing evidence of any illegal drug and/or
            controlled substance) that is primarily intended or designed
            for use in planting, growing,harvesting, manufacturing,
            compounding, converting, concealing, producing,
            processing, preparing, injecting, ingesting, inhaling,
            smoking, or otherwise introducing into the human body a
            controlled substance.  Examples include, but are not
            limited to items such as bongs, roach clips, miniature
            spoons, syringes, and various types of pipes.
   b.        Illegal Possession/Personal Use of Drugs and/or
            Controlled Substances – The illegal use or possession of
            any drugs and/or controlled substance, except as expressly
            permitted by law.  Examples include (but are not limited to)
            cocaine, heroin, morphine, marijuana, ecstasy, gammy
            hydroxyl butyrate (GHB), amphetamines, solvents,
            oxycontin, methamphetamines, anabolic steroids, and LSD.
   c.         Distribution/Manufacture/Sale of Drugs – Delivery and/or
            possession with the intent to manufacture, sell, or
            distribute any drug and/or controlled substances, except as
            expressly permitted by law.
   d.        Misuse of over-the-counter medications and/or
            prescriptions, endangering self or others

   
    

9. Disorderly/Obscene Conduct 


a.        Disorderly Conduct - behavior that disrupts or interferes with
        the orderly functions of the university, disturbs the peace
        and/or comfort of persons, or interferes with th performance
        of duties by university personnel.
b.        Obscene Conduct - any behavior that would be considered
        lewd or indecent by a reasonable person. Examples include
        (but are not limited to) voyeurism, public
        urination/defecation, public exposure of private body parts,
        etc.

 
 

10. Noncompliance 
    Failure to comply with the direction of an authorized university or Student Cooperative Association official and/or staff member acting in the performance of his/her duties. Failure to provide identification when requested to do so by a university or Student Cooperative Association official, including Resident Assistants and Student Managers. Failure to comply with the direction of any person responsible for a facility or registered function whom is acting in accord with those responsibilities. (The previous persons must identify themselves and state the reason for a directive.) Failure to fulfill any sanction(s) levied as a result of a judicial proceeding. Failure to meet with an authorized university or Student Cooperative Association official or staff member when directed to do so.

     
     

11. Contractual Obligations 
    Failure to honor all contracts with and debts to the university (including terms and conditions of “The Residence Hall Housing License Agreement and Dining Services Contract," the Housing License Agreement for Apartment Living, and the Student Cooperative Association).

     
     

12. Firearms/Weapons/Explosives 
    Possession and/or use of any weapon, which is any object used to inflict a wound or cause injury. This includes but is not limited to, possession and/or use of firearms, ammunition, knives, swords, numb chucks, stun guns, BB guns, look-alike weapons, or explosives, such as fireworks, unsecured compressed air cylinders, or dangerous chemicals, except as authorized for use in class, in connection with university-sponsored research, or in another approved activity (provisions may be made to store firearms with the University Police).

     
     

13. Fire/General Safety 


a.        Fire Safety - Tampering with safety devices including but not
        limited to alarm systems, fire extinguishers, exit signs,
        smoke/heat detectors, fire hoses, etc. Failure to conform to
        safety regulations, (including but not limited to) falsely
        reporting an incident, failure to evacuate facilities in a
        timely manner in emergency situations or in response to
        fire alarms, inappropriate use of the fire alarm system, etc.
        In addition, individuals are responsible for the safe use and
        disposal of outdoor grills, tobacco products, and other fire
        -related items in areas authorized for such use.
b.        General Safety- Conduct that unreasonably or recklessly
        threatens or endangers the well being of any person is
        prohibited.


 

14. Arson 
    Setting or attempting to set fire to or creating/causing a fire on university-owned or operated property or on properties under the ownership and/or supervision of the Student Cooperative Association.

    
     

15. Gambling 
    All forms of gambling are prohibited unless a license has been secured and approval to solicit has been granted by the appropriate university office. Gambling consists of the payment of a consideration or fee for the chance to win a prize, the winner of which is determined by chance. Nonprofit organizations that have been licensed to conduct small games of chance are required to obtain and follow all rules issued by county licensing authorization in the Office of the County Treasurer and the appropriate university office. Small games of chance include (but are not limited to): punchboards, pull-tabs, raffles (including lotteries), and daily drawings.

     
     

16. Dishonesty/Fraud 
    Dishonest or fraudulent behavior, such as forgery, alteration, or misuse of documents, records, or identification (including but not limited to I-cards, credit cards, debit cards, pin numbers, and/or computer usernames/passwords), or knowingly furnishing false information to university or Student Cooperative Association officials. Academic dishonesty and fraud are covered by the Academic Integrity Policy and Procedures.

     
     

17. Complicity 
    Presence during any violation of university policy in such a way as to condone, support, or encourage that violation. (NOTE: Students who anticipate or observe a violation of university policy are expected to remove themselves from the situation and are encouraged to report the violation.)

    
     

18. Other 
    Apparent or alleged violation of federal, state, and local ordinances and other university regulations as prescribed in this handbook, the housing licensing agreement, the university catalog, and other official university publications, including publications on the University website.

    
     

1. The university judicial system shall adjudicate:   

1. Cases involving alleged violations of university rules and regulations (excluding charges filed against recognized organizations) by students regardless of where the incident occurs and where the student resides.

2. Cases involving alleged violations of local, state, and federal rules, regulations, laws, and ordinances by students regardless of where the incident occurs and where the student resides. 

3. Cases involving alleged violations of "Residence Hall Housing License Agreement and Dining Services Contract" and the "Housing License Agreement for Apartment Living" by residential students. 

1. Hearing officers – University employees who are designated by the Office of Student Conduct and are appointed by the president of IUP to adjudicate cases at the Administrative Hearing level. 

2. A University or residence hall Judicial Board – A judicial board generally consists of a chairperson designated by the Office of Student Conduct, three faculty and/or staff members, and three students selected from a pool of prospective members who have been trained to participate as judicial board members. 

3. Special Interim Judicial Boards - the university reserves the right to establish special interim judicial boards appointed by the Office of Student Conduct to expedite adjudication of student disciplinary cases when it is inconvenient for the university judicial board to convene.  These boards, composed of one or more persons, are convened to hear cases under the following conditions: 

1. An interim suspension has been issued (see Section K), or 

2. The case must be heard at times inconvenient for a judicial board to convene (for example, final exam week, vacation periods, summer school, etc.) 

 

Hearing officers, the university judicial board, and special interim boards have delegated authority from the president of IUP to adjudicate student disciplinary cases.  University legal counsel may be called upon, as deemed necessary by the Office of Student Conduct, to provide assistance with selected cases.

1. Charges of a violation can originate from any member of the university community and shall be reported to the Office of Student Conduct within five class days of the incident unless justifiable circumstances, as determined by the Office of Student Conduct, make such notification impossible or impractical. 

2. The designated university official will review the case and determine whether the case should be adjudicated by the judicial system, and, if so, whether the case will be handled in an informal resolution conference or assigned to a hearing officer or judicial board. 

3. An accused student may participate in an informal resolution conference for minor first-time policy violations.  An informal resolution conference involves a meeting between the accused student and an assigned adjudicator to discuss the charge(s).  If the student and the adjudicator reach an informal resolution of the charges, an appropriate sanction will be issued and kept on file at the university according to the records policy.

4. A judicial hearing will be scheduled under the following circumstances: 

1. If the accused student and the adjudicator fail to reach an informal resolution. 

2. If the adjudicator determines that the charges require further examination and/or are of moderate severity. 

3. If the alleged incident involves more than one individual and a hearing is necessary to complete a thorough examination of the allegations. 

4. If the outcome of the hearing may result in removal from/loss of housing, suspension, or expulsion. 

5. If a judicial hearing is scheduled, the accused student shall be informed of the alleged violation(s), the date(s), time(s), and location(s) of the alleged violation(s) and a summary of the actions which led to the charge(s).  Notification of charges against the student shall also include, but not be limited to, the following information: 

1. The date, time, and location of the hearing 

2. Whether the case will be adjudicated by a hearing officer, a judicial board, or a special interim judicial board. 

3. Information regarding due process rights afforded the student prior to and during the hearing. 

6. A student will be given a minimum of three-calendar-days' notice prior to appearing before the assigned adjudicator.  In cases where the outcome of a hearing could result in suspension or expulsion, the student will be given a minimum of ten-calendar-days' notice between notification of the charges and appearance before the assigned adjudicator. 

7. The accused student (and alleged victim(s) of violent action if involved) may select an advocate to advise him/her at the judicial proceeding.  The advocate may consult and interact privately with the accused student or alleged victim(s) during judicial proceedings.  The advocate is not permitted, however, to represent the accused student or alleged victim(s).  

8. The accused student may waive in writing his/her right to a hearing and accept one or more sanctions as determined by the adjudicator.  The sanction(s) will reflect the severity of the current charge(s) against the student, as well as any previous disciplinary record.  A student who waives his/her right to a hearing forfeits any right to appeal the sanction(s) as determined by the adjudicator. 

9. Students who are considered an immediate or substantial threat to themselves, others, and/or property may be issued an interim suspension by the Office of the Vice President for Student Affairs (see section "K. Interim Suspensions.")  

1. The accused student shall have his/her case heard by an impartial adjudicator. 

2. In situations where the original referring party is no longer available or cannot attend the hearing for unavoidable reasons, the referring party may send a proxy to the hearing to represent him/her throughout the proceedings. 

3. The accused student shall have a fair and reasonable opportunity to answer, explain, and defend against information and witnesses presented at the hearing, to submit written, physical, and testimonial evidence, and to call relevant witnesses to appear on his/her behalf. 

4. If the accused student chooses not to appear before the assigned adjudicator, his/her case will be adjudicated based upon the evidence presented at the scheduled hearing. 

5. To the extent permitted by law, an alleged victim of violent action may choose to be present throughout the entire hearing or s/he may opt to provide his/her information at the designated time only. 

6. All hearings are closed unless the accused student requests an open hearing in writing.  However, the hearing officer or judicial board chairperson has the authority to make the final decision regarding access of spectators to the hearing to the extent permitted by law. 

7. A hearing officer or judicial board shall have the authority during judicial proceedings to hold an individual in contempt.  Contempt is defined as disorderly or disrespectful conduct by participants or spectators in a hearing or the intentional misrepresentation of facts.  Students found to be in contempt may be removed from the hearing and/or charged with violating applicable behavior regulations. 

8. The accused student shall receive a written account of the decision of the adjudicator.  A decision will be based upon evidence sufficient to make a reasonable person believe that a fact sought to be proved is more likely true than not. 

9. The university will, for a reasonable period of time, maintain a written summary record and/or audiotape of the hearing.  Accused students may request copies of this record but will be required to pay the cost of duplication. 

10. The university will disclose the results of a disciplinary proceeding against an alleged perpetrator of a crime of violence to the alleged victim(s) of that crime.  A victim is defined as an individual who was the recipient of the accused students(s) violent action. 

1. A student may challenge the assignment of a specific hearing officer to his/her case.  This challenge must be presented in writing to the Office of Student Conduct at least one working day prior to the scheduled date and time of the hearing.  Upon reviewing the details of the challenge, the Director of the Office of Student Conduct will either uphold the challenge and appoint an alternate hearing officer and arrange a new hearing time or deny the challenge.  Failure to act shall be deemed denial. 

2. A hearing officer will withdraw from adjudicating any case in which s/he feels s/he cannot reach a fair and objective decision. 

3. The hearing officer will review all material, hear all evidence pertinent to the case from the referring party,  the accused and all witnesses, clarify issues raised, render a decision based on the evidence presented at the hearing, and take all actions and make all rulings necessary and proper for the hearing. 

4. Following the hearing, the hearing officer will schedule a time to meet with the accused student (if possible) to issue a decision, and, if the student is found "in violation" of university rules, issue a sanction.  This information is also presented to the student in writing. 

5. A hearing officer's decision will be based on all evidence presented at the hearing.  If the student is found "in violation" of university rules, all materials within the student's past and present judicial file will be used in determining an appropriate sanction(s). 

1. Any student appearing before a judicial board may challenge any member of the board sitting in judgment of his/her particular case.  Upon hearing the details of the challenge, the judicial board will, by majority vote (challenged member not voting), either uphold or deny the challenge. 

2. A judicial board member will withdraw from participating in any case in which the member feels that s/he cannot reach a fair and objective decision. 

3. The judicial board will review all materials and hear all evidence pertinent to the case from the referring party, the accused, and all witnesses.  Members of the judicial board shall be free to ask relevant questions in order to clarify information or resulting issues. 

4. After hearing all the evidence, the board will privately make its decision and, if necessary, determine appropriate sanction(s).  If the student is found "in violation" of university rules, all materials within the student's past and present judicial file shall be used in determining appropriate sanctions. 

5. The decision-making process is as follows: 

1. A majority vote of the judicial board members present shall be required for any decision.  The chairperson shall vote only in the case of a tie. 

2. A quorum shall consist of four members in addition to the chair. 

6. Upon the conclusion of the hearing, the judicial board chairperson will schedule a time to meet with the accused to issue the board's decision and, if the student is found "in violation" of university rules, to issue the sanction(s).  This information is also presented to the student in writing. 

7. In cases where the judicial board recommends expulsion as the appropriate sanction, the chairperson will recommend the sanction in writing to the vice president for Student Affairs.

1. A hearing officer or judicial board may impose a single or multiple sanctions from the sanctions listed below.  The university should seek reasonably consistent results in its adjudications.

2. Any sanction may be put on hold or “stayed” from implementation for a specified period of time to be determined by the hearing officer or judicial board. 

3. Bias motivated offenses may result in stronger sanctions.  Such offenses are defined as any offense wherein the accused student(s) intentionally selects the alleged victim because of the victim’s race, disability, color, religion, national origin, gender, age, marital status, sexual orientation, or inclusion in any group or class protected by state or federal law. 

4. Sanctions which may be imposed include the following: 

1. Disciplinary Warning: A written warning may be given to the student that indicates that s/he has been found "in violation" of an IUP regulation and that failure to comply with IUP regulations in the future may result in referral to the judicial system to be handled as a second offense.  A warning remains in effect for a specific period of time, as determined by the adjudicator. 

2. Community Service or Educational Task: A task which benefits the individual, campus, or community.    

3. Disciplinary Probation: Disciplinary Probation, is an indication that a student's status at the university is seriously jeopardized.  During the probationary period, if the student is found in violation of another policy/regulation, a more serious sanction will be levied, including possible suspension or expulsion from the university.  Disciplinary Probation is in effect for a specific period of time, as determined by the adjudicator. 

4. Disciplinary Removal from University owned Housing: This sanction removes a student from university owned housing facilities on either a temporary or a permanent basis. This is a more severe sanction usually taken in response to serious or repeated violations of university regulations or housing policies/regulations. 

5. Loss of Eligibility for University owned Housing: The student, whether currently living in university owned housing facilities or not, is denied future eligibility for university owned housing on a temporary or permanent basis.   

6. No Visitation in University owned Housing/Facilities:  This sanction prohibits a student from being present within university housing or other designated facilities for any purpose for a specific time period as determined by the adjudicator. 

7. Restitution: A student may be required to pay for damages to property, including but not limited to, personal and university property, and/or for personal injury.  Payment will be made under guidelines determined by the Office of Student Conduct.

8. Letter to Parents or Legal Guardians: The student's parents or legal guardians receive a copy of the hearing officer's or judicial board's decision.  This does not apply if the student is twenty-one years of age or older or if the student presents documentation to demonstrate independence (as defined in section 152 of the Internal Revenue Code). 

9. Suspension: A student may 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 him/herself from university-owned or affiliated entities or properties.  S/he is not permitted to attend classes or social activities or to be present on university property during the period of suspension. This sanction can be recommended to the vice president for Student Affairs by a hearing officer or imposed by the judicial board, a special interim board, or the vice president for Student Affairs. 

10. Expulsion: In a very serious case, or when a student who has previously been suspended from the university appears before a judicial board, the board may recommend to the vice president for Student Affairs that the student be expelled from the institution.  Expulsion from the university is permanent dismissal.
     
    Any reasonable sanction(s) may be imposed by a judicial board, hearing officer, or special interim judicial board.  Sanctions not listed previously may be imposed, if reasonable, upon approval by the vice president for Student Affairs.  

1. Within the ten days of issuance of the interim suspension, unless circumstances warrant an extension, a hearing will be convened to review the circumstances of the suspension. 

2. The hearing body will then continue the suspension or take other action based upon the evidence presented at the hearing.  The burden of proof in interim suspension cases lies with the university and not the student. 

3. If the interim suspension is not upheld, the student will immediately be reinstated and will be guaranteed the opportunity to make up academic work missed during the semester in which the suspension was imposed.  It is the responsibility of the student to make arrangements with faculty members for completing missed work.  

1. Grounds for Appeal: Upon receiving notification of the outcome of a case, a student or the referring party may appeal in writing for any of the following reasons: 

1. Denial of a fair and reasonable hearing 

2. New evidence (applies when there is an acceptable reason to explain why the evidence could not be presented at the original hearing) 

3. Excessively harsh or cruel sanctions 

2. Procedure for appeal:  

1. The student or referring party must present a written request with the specific reason(s) for appeal to the vice president for Student Affairs within ten calendar days of notification of the decision.  The ten-day requirement may be waived by the vice president for Student Affairs where extenuating circumstances prevail and only if the grounds for appeal are met. 

2. The vice president for Student Affairs may deny the appeal or direct the appeal to be heard by a Judicial Board, by a special interim board, or by another hearing officer.  In cases where the vice president for Student Affairs is presented with appeals for cases which have resulted in suspension, legal counsel may be consulted.

3. Upon hearing an appeal, the vice president for Student Affairs may reverse the original decision, sustain the decision, reduce the severity of the sanction, or require that the case be reheard, provided that the grounds for appeal are met.  

4. Appeals to decisions of the sanction of expulsion must be submitted to the Office of the President, and the president may consult with legal counsel in these cases. 

1. Judicial records will be maintained for a period of seven years or three years after the statistic is last published, whichever is less. 

2. The university reserves the right to retain all disciplinary files for longer periods as may be deemed necessary.
    
   Note: In cases where more than one sanction is applied, records will be kept according to the length established for the most severe sanction.
    
   The university will not release a student's disciplinary records without the written consent of the student.  The only exceptions to this guideline are those outlined in the Family Educational Rights and Privacy Act of 1974.  (See IUP Student Records Policy.)