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Recognized Student Organizations |
Recognized Organization Review Board (RORB) Procedures
Office of Student
Conduct
724-357-1264
IUP has established
procedures for the recognition of clubs, organizations,
and independent intramural teams. The responsibility
for granting such status has been delegated to the Rules
Committee of the Student Government Association (SGA) and the
Center for
Student Life. The Recognized Organization Review Board (RORB)
has been established to process alleged violations of
university regulations and to resolve disputes involving
recognized groups through both informal and formal
processes.
The list of offenses,
which follows, is not to be taken to be exclusive as to
the grounds that might lead to the issuance of discipline
against an organization. The university reserves the right
to discipline any recognized organization for any action
(or any inaction in a situation where the representatives
of the recognized organization has a duty to act) that an
ordinary, reasonable, intelligent college student knows or
should know might result in discipline. This simply means
that the university reserves the right to issue discipline
for reasonable cause. Such discipline may include, but is
not limited to, suspension or withdrawal of recognition
from the organization. The standard for determining
discipline is objective, not subjective, and if an
ordinary, reasonable, intelligent college student should
have known that a particular action or inaction might lead
to the issuance of discipline, the university may issue
discipline, even if the particular recognized organization
that is charged with the particular offense did not know
that discipline might ensue. The provisions of this
clause are incorporated by reference in any notice of
misbehavior, so long as the notice fairly describes the
act(s) or omission(s) with which the recognized
organization is charged.
B. Duties
The Recognized
Organization Review Board shall fulfill the
following duties:
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Recommend changes
to the RORB operating policies and procedures to the
Senate Committee on Student Affairs (SCOSA) and the
SC Rules Committee.
-
Hear cases of
alleged violations of university policy or
regulations by recognized organizations and
recommend, when necessary, appropriate sanctions
to the director of the Center for Student Life
and/or her/his designee.
-
To informally
arbitrate: disputes which arise between
organizations and their advisers; disputes between
and within recognized organizations; concerns
which arise regarding an organization's compliance
with its constitution and/or by-laws or deviation
from the purposes indicated at the time of
recognition; and/or alleged violations of
university policy or regulations by recognized
organizations, as defined in Section V.
C. Board Membership
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The Student
Government Association president-elect shall appoint three
students from the SGA Rules Committee in the spring
semester to serve on the RORB beginning the
following fall semester. Service shall continue
for the academic year. Two alternate members shall
also be appointed from the SGA Rules Committee.
-
The Senate
Committee on Student Affairs (SCOSA) shall appoint
three members (two non-students and one student)
from the committee in the fall semester to serve
for one academic year. Two alternate members (one
non-student and one student) shall also be
appointed by the SCOSA.
-
Members of Greek
organizations shall be recruited to serve on the
RORB; any case involving allegations against a
recognized Greek organization shall include
minimally one undergraduate Greek-affiliated
member on the RORB.
-
Student, staff,
and faculty members on the University Judicial
Board shall be eligible to serve on the RORB.
-
The director of
the Center for Student Life and/or her/his
designee shall chair the RORB. The chair will
only vote on RORB decisions in the event of a tie.
-
Members of the
RORB shall not be involved in adjudicating an
alleged violation by an organization in which they
hold membership or are personally involved to a
degree that reduces their objectivity, as
determined by the chair.
The Recognized
Organization Review Board has 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.
D. Charges
Charges of a
violation of university policies or regulations or
student behavior regulations can originate from any
member or nonmember of the university community. If
charges originate from a nonmember of the IUP
community, the Office of Student Conduct may
determine an appropriate designee to assist in the
presentation of the case. The testimony of non
university members may be used as in any hearing.
Alleged violations involving breach of contracts,
whether implied, assumed, inferred, verbal, or
written contracts, between the student group and the
contracting party shall not be within the
jurisdiction of the RORB unless all the parties to
the dispute are student groups.
Members of the
university community bringing the charge must report the
case in writing to the Office of Student Conduct. Such
incidents must be reported no later than fourteen (14)
calendar days after the incident unless the Office of
Student Conduct waives the requirement of notification.
The president and
adviser(s) of the recognized organization shall be
notified in writing of the specific charges and be given a
minimum of ten (10) calendar days' notice prior to a
hearing. The notification shall include, but not be
limited to: the specific charge, the name of the person
referring the charge, a brief summary of the allegations
that constitute the charge, and the time, date, and place
of the hearing.
Should a recognized
organization choose not to appear for a hearing, the case
will be heard and adjudicated based on the available
information.
E.
Informal Hearings/Arbitration
Disputes,
mediation, and alleged violations normally referred
to the RORB may be resolved through informal non
binding arbitration, according to the following
conditions and procedures:
-
Informal arbitration
is acceptable to both parties and the RORB chair.
-
All involved parties
agree upon an RORB arbitrator chosen from the Recognized
Organization Review Board. The RORB member chosen
cannot be affiliated with any of the disputing parties.
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In order to provide
continuity in the arbitration process, the director of
the Center for Student Life or her/his designee may
provide consultation and advisement to the RORB
arbitrator.
-
Following the
completion of verbal discussion and resolution of the
points of conflict, all involved parties accept all
agreed-upon decisions, conditions, or sanctions and the
length of time in which they will prevail. Except for
withdrawal of recognition, the full range of sanctions
available to the board may be considered.
-
An informal
arbitration document is completed detailing these
agreed-upon decisions.
-
The director of the
Center for Student Life receives the completed
informal arbitration document signed by all involved
parties and affixes his/her signature upon the document
indicating acceptance. Any conclusions agreed upon will
then be confirmed in writing by the director of the
Center for Student Life to all involved parties.
-
If mutually
agreed-upon decisions and resolutions cannot be made,
the grievances can then be filed by the offended party
for a formal hearing before the RORB.
Following signatures,
any violation of or failure to comply with decisions or
conditions reached through successful informal arbitration
will be viewed as a violation of university policy.
Sanctions will be levied accordingly in the event charges
are filed and an “in violation” decision is rendered
through a formal RORB hearing.
F. Formal Hearings
(General Information)
A minimum of four
(4) RORB members, excluding the chair, will
constitute a board. Board members must be present
to hear all testimony. A simple majority of
affirmative votes is necessary for an action to
occur. The chair is a nonvoting member, unless
there is a tie vote.
Any involved party,
including the university, may challenge the objectivity of
a board member. The board will determine by majority vote
if these challenges will result in the dismissal of the
member being challenged. Members of the board may
challenge one another.
The person(s) filing the
charge(s) must be present at the hearing to offer evidence
unless s/he has been granted an alternate means of filing
charge(s) by the director of the Center for Student Life
or her/his designee.
Any involved party may
identify an advisor, who may be an attorney, to be present
at the hearing. An advisor may only consult and interact
privately with their party.
When time constraints
prohibit the regular appointment of an RORB (summer, final
exams, or other non-class periods, etc), an interim RORB
will be convened by the director of the Center for Student
Life or her/his designee. The interim RORB has the
same authority as the regularly appointed RORB.
The RORB chair has the
following responsibilities:
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To facilitate the
hearing.
-
To determine whether
the Board should request legal counsel.
-
To determine
appropriate responses to any challenges that may arise
during the hearing and consult with board members and/or
legal counsel at any time regarding them.
The director of the Center
for Student Life or her/his designee has the following
responsibilities:
-
To handle the
administrative duties of the RORB (scheduling hearings,
facilitating correspondence, keeping records, etc)
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To consult with the
RORB on matters of policy and regulations.
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To notify the involved
parties of any sanctions that may be imposed by the RORB.
G. Formal Hearings
(Procedures)
All formal
hearings shall be audio taped. An audiotape will be
provided to the requesting party at their expense
upon submission of a written request.
Formal hearings shall be
conducted in the following order:
-
The chair shall verify
the acceptability of the board membership to all
involved parties.
-
The accused party
shall have the opportunity to enter a plea regarding the
charge(s).
-
The referring party
shall present its case utilizing supporting information.
-
The accused party may
present relevant information to respond to the charge(s).
-
All parties shall be
afforded an opportunity for submission of relevant
information and questioning of all parties.
General Guidelines for RORB
Hearings:
-
The RORB shall not be
bound by formal rules of evidence. However, all
evidence must be inherently reliable.
-
The RORB shall review
all materials and hear all evidence pertinent to the
case from the referring party, the accused, and all
witnesses. Members of the RORB shall be free to ask
relevant questions in order to clarify information or
resulting issues.
-
An organization’s
previous disciplinary record shall not be used to
determine whether a policy violation occurred in a
current case. However, the RORB may consider such a
record to determine the appropriate disciplinary
sanction.
-
All formal hearings
are closed unless any involved party requests an open
hearing. Such a request must be made in writing to the
director of the Center for Student Life no less than
one (1) working day before the hearing. In no event
shall a hearing be open if this would cause a violation
of FERPA or other applicable law.
-
Throughout an open
hearing, the chair may regulate the access of
spectators. The chair shall have the power to do what
is necessary to maintain decorum during the hearing.
The board may, by majority vote, order the removal of
any person or persons who disrupt the hearing.
-
During exams, only
informal arbitration may take place, except in special
circumstances or emergency situations as determined by
the Office of Student Conduct.
-
If during or after a
hearing it is determined that witnesses intentionally
misrepresented the facts of the case in their testimony,
they may be held in contempt of the RORB and referred to
the university judicial board for “C16
Dishonesty/Fraud.” If this misrepresentation is
discovered after a hearing, the board will review the
evidence to determine whether the case should be
reopened and/or a new hearing scheduled.
The Office of Student
Conduct shall retain the audio tape record of the RORB
hearing for minimally seven (7) years following the
completion date of any sanction(s).
H.
Sanctions
A RORB may impose a
single or multiple sanctions from the sanctions listed
below.
-
Any sanction may be
put on hold or “stayed” from implementation for a
specified period of time to be determined by the RORB.
-
Bias motivated
offenses may result in stronger sanctions. Such
offenses are defined as any offense wherein the accused
organization 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.
-
Sanctions which may be
imposed include the following:
-
Disciplinary Warning:
A written warning may be given to the organization that
indicates that it 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
RORB to be handled as a second offense. A warning
remains in effect for a specific period of time, as
determined by the RORB.
-
Disciplinary
Probation: Disciplinary Probation, is an indication that
an organization's status at the university is seriously
jeopardized. During the probationary period, if the
organization is found “in violation” of another
policy/regulation, a more serious sanction will be
levied, including possible suspension of recognized
benefits or withdrawal of university recognition.
Disciplinary Probation is in effect for a specific
period of time, as determined by the RORB.
-
Mandatory Activity:
The required participation by the organization in
specified group activity, service projects, educational
programs, or other assignments.
-
Financial Restitution:
An organization 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.
-
Social Limitation or
Suspension: An organization may be denied formal or
informal sponsorship of, or participation in, one or
more of the following for a specified period of time:
inter- or intra-organizational social activities,
formals, all-Greek or all-university events or
activities, or any other event of a social nature.
-
Intramural
Suspension: A specific length of time in which the
organization may not participate in individual or team
sports or the intramural league, earn intramural points,
or receive any championship titles.
-
Suspension of
Recognized Benefits: A specific length of time in which
the organization maintains university recognition but is
denied one or more benefits of recognition which may
include, but are not limited to: Student Cooperative
Association funding; use of university or Co-op
facilities, office space or property; bulk mailing
services; and/or specified other benefits available
through recognition.
-
Withdrawal of
University Recognition: A specified or indefinite
length of time in which university recognition is
withdrawn in whole or part, or conditionally. The
organization and any semblance of its membership ceases
to function at the university, is denied all benefits of
university recognition, and no longer falls under the
jurisdiction of the RORB. For the organization, or any
semblance of its membership to regain university
recognition it may be asked to demonstrate evidence of
organizational changes intended to eliminate the
potential for repeated violations of this policy.
Any reasonable
sanction(s) may be imposed by the Recognized Organization
Review Board. Sanctions not listed previously may be
imposed, if reasonable, upon approval by the Vice
President for Student Affairs.
I. Appeals
-
Grounds for Appeal:
Upon receiving notification of the outcome of a case,
either party may appeal the decision of the RORB in writing for
any of the following reasons:
-
Denial of a fair and
reasonable hearing
-
New evidence (applies
when there is an acceptable reason to explain why the
evidence could not be presented at the original hearing)
-
Inappropriate sanction
-
Procedure for appeal:
-
The accused organization
or referring party must present a written request listing
the specific reason(s) for the appeal to the Vice
President of Student Affairs within ten (10) calendar days
of notification of the decision. The ten-day requirement
may be waived by the Vice President of Student Affairs
where extenuating circumstances prevail and only if the
grounds for appeal are met.
-
The Vice President of
Student Affairs may deny the appeal or direct the appeal
to be heard by an appellate committee chaired by the Vice
President of Student Affairs or her/his designee and
consisting of one member of the Student Government Rules
Committee and one member of the SCOSA. Members of the
RORB who heard the original case may not serve on this
appellate committee. Furthermore, two of the three
members of this appellate committee must agree to any
changes that are made to the RORB’s original decision and
sanction(s).
J. Summary
Sanctions
In cases where
allegations indicate an immediate and substantial danger
to persons or property, the Office of the Vice President
of Student Affairs may summarily sanction an
organization. Such summary sanctions may include
withdrawal of university recognition.
Within ten (10) calendar
days of the issuance of a summary sanction, a hearing will
be convened to review the appropriateness of that
sanction. The board may either continue or suspend the
summary sanction, pending a full hearing on the
allegations.
Following the interim
decision, procedures to arrange a full RORB hearing shall
begin. This RORB hearing should follow the normal
timeframes, providing ten (10) calendar days’ notice of
the hearing and shall occur as soon thereafter as can be
conveniently scheduled.
For more information on the IUP judicial process,
see
the student code of conduct,
located in The Source.
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