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IUP's
Judicial Process and Off-campus Students
Filing a Personal Complaint at the Indiana Borough Police
Department
It's good to know ahead
of time how certain situations are going to be handled.
The more you know, the less likely you'll be caught off
guard. Be an informed IUP student by reviewing the
list of
policies and procedures of the university.
- Does IUP get
involved with disciplinary incidents that occur in off
campus locations?
Yes. As stated in The Source, the university reserves
the right to address behaviors that occur outside the
boundaries of campus, whether they involve residential
students, commuters, or students who live in the
surrounding community.
- How does IUP learn
about disciplinary incidents that occur off campus?
IUP has a well-established relationship with law
enforcement agencies in the Indiana County area. These
agencies communicate information about incidents to
IUP’s Office of Public Safety which then shares the
information with the Office of Student Conduct.
- What if I violate
the law (and the corresponding university policy) when
I’m away from IUP and the surrounding area? Does the
university address those situations?
It depends. If you are involved in an incident that is
communicated in the news media (usually a major
incident) or if the information is otherwise
communicated to IUP from a law enforcement agency or
other credible, documented source, the university
reserves the right to address that incident. The
university does not seek out such information, but does
respond when it is provided.
- Why does IUP
address policy violations that occur off campus?
IUP is a significant part of the local community. And,
attendance at the university is often the main reason
that a student chooses to live in the surrounding area.
So, the university is committed to supporting students
and other community members by consistently and fairly
enforcing institutional policies. Community members are
deeply affected when students engage in disruptive or
destructive behaviors such as loud gatherings, illegal
or irresponsible use of drugs and/or alcohol, assault,
vandalism, etc.
In addition, IUP promotes responsible citizenship as an
important part of the educational experience of being a
student. You are both a student at IUP and a citizen of
the local community. With this dual status comes
responsibility to both the university and the community
in which you live.
- If I get charged by
the university and by a law enforcement agency for the
same incident, isn’t that “double jeopardy”?
No. Double jeopardy is a legal concept that refers to
being charged more than once within the criminal courts
for the same incident. An IUP judicial hearing is an
administrative proceeding, not a court proceeding, and
is bound by different standards.
- Why might I be
found “not guilty” for an incident in court but still
found “in violation” at a university judicial hearing
for the same incident?
The standard of evidence required to find a student “in
violation” of a university policy is “more likely than
not” (in other words, would a reasonable person believe
that it was likely that the student committed the policy
violation(s) based on the evidence presented at the
university hearing?). In a criminal court, a
“preponderance of the evidence” (is there an 80% chance
or more that the person is guilty?) is the standard
applied. So, it is not unusual for a student to be
found “not guilty” in court, but “in violation” in a
university hearing.
- Why is the standard
of evidence so different?
The consequences for a person found “guilty” of a crime
are broader and can include significant fines and court
costs and time in jail. The consequences for violating
university policy do not include incarceration or fines
unrelated to property damage. The courts are a punitive
system; the university is an educational system.
- I completed the
ARIN program for an alcohol incident as required by
court….why do I also have to attend the university
alcohol education workshop?
The ARIN program and IUP’s alcohol education workshop
have two different focuses. IUP’s program is
specifically tailored to address the issues and needs of
college students. While there may be slight overlap in
material, most of the information you’ll obtain is
different.
If you have additional
questions concerning IUP’s judicial process and off campus
students, please contact the Office of Student Conduct at
724-357-1264, weekdays, 8:00am to 4:30pm. |