Student Conduct Philosophy
The Student Code of Conduct contains the expectations and standards of the York College of Pennsylvania community. As members of the College community, students are expected to conduct themselves in positive ways that contribute to the overall well-being of the College community. While matters of student misconduct cannot always be anticipated precisely, the following code applies to all students and is consistent with the pursuit of College standards and educational objectives. The Student Code of Conduct should be read broadly and is not designed to define prohibited conduct in exhaustive terms. Students who violate, attempt to violate, or conspire to violate the code are subject to the College disciplinary process and disciplinary action, whether on or off campus. The Student Code of Conduct applies at all locations of the College, including affiliated programs in other states or foreign countries and off-site intern/externships.
Each student at the College is a member of the academic community as well as the civil community of the College and the surrounding area. All students can expect to be treated in a fundamentally fair manner as they carry out the duties and obligations associated with being citizens in such communities. The College conduct process is designed as an educational one; to encourage and promote the process of self-discipline. The College shall provide prompt and equitable conduct proceedings.
The College will adhere to the requirements of the law and will cooperate and communicate as appropriate with law enforcement agencies in their duties. Students are expected to be aware of and obey local, state, and federal laws in addition to the Student Code of Conduct and to take an active role in understanding their responsibilities as members of these communities. The College student conduct process is separate and is not attached or associated with any civil or criminal adjudication systems; therefore, the standard of expectation regarding due process and technical rules of evidence applicable to civil and criminal cases do not apply.
Students charged with Interpersonal Misconduct will be supported and assisted in a prompt and equitable manner. This may include advisement regarding the Student Conduct Process, potential legal rights/options, counseling, and access/referral to existing support services. For assistance and consultation, students can contact the Department of Campus Safety, Counseling Services, Residence Life, or Student Affairs. The Office of Student Conduct can be reached by phone at 717-600-3874 or by email at studentconduct@ycp.edu.
Article I: Definitions
The following definitions apply to each use of the terms defined within the Student Code of Conduct.
- The term “College” means York College of Pennsylvania.
- The term “student” includes:
- All persons taking courses at the College full-time, part-time, undergraduate, graduate, guest, or professional studies.
- Persons who are not officially enrolled for a particular term but who have a continuing relationship with the College.
- Accepted students who have been notified of their acceptance for admission and pay the tuition deposit.
- The term “faculty member” means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.
- The term “College official” includes any person employed by the College, performing assigned administrative or professional responsibilities.
- The term “member of the College community” includes any person who is a student, faculty member, College official or any other person employed by the College. A person’s status in a particular situation will be determined by the Office of Student Conduct.
- The term “College property” includes all land, buildings, facilities, and other property in the possession of or owned, leased, used, or controlled by the College (including adjacent streets and sidewalks).
- The term “residence hall(s)” means any and all College property in which students reside including houses, apartments, suites, traditional halls, etc.
- The term “student organization” includes:
- Any number of persons who have complied with the formal requirements for College recognition/registration
- Athletic teams
- Fraternities or sororities
- Any group affiliated with or supervised by an academic program or department
- The term “complaint” means a part of student conduct proceedings that entails a report, statement, or allegation that describes behavior or actions that may violate the Student Code of Conduct.
- The term “investigation” means a part of student conduct proceedings that entails the follow through on a complaint to ascertain associated details and circumstances. Investigations may be formal or informal. An investigation may result in charges or dismissal of the complaint. These determinations are made at the sole discretion of the Office of Student Conduct. Investigations will be prompt, timely, and adequate as well as reliable and impartial.
- The term “charge(s)” means a part of student conduct proceedings that entails the formal written notification issued after the Office of Student Conduct has determined sufficient information exists to hold a Student Conduct Administrative Review, Student Conduct Administrator Hearing or Student Conduct Hearing Board to determine whether a student or student organization has violated the Student Code of Conduct. The issuance of charge(s) will result in a hearing.
- The term “hearing” means a part of student conduct proceedings that entails the presentation of pertinent information, evaluation and assignment of credibility and weight of that information, and determination whether the preponderance of the information leads to a finding of responsibility. Fundamental fairness affords the opportunity for the accused student to appear (or not) and present pertinent information (or not). In cases in which student(s) or student organization(s) are found responsible of violation(s) of the Student Code of Conduct, sanctions are recommended.
- The term “Student Conduct Administrative Review” conducted by a Student Conduct Administrator and is intended to be an expedited process for examination of alleged violations, outcome and sanctioning.
- The term “Student Conduct Administrator Hearing” means the individual College official selected, trained, and designated by the Dean of Student Development and Campus Life or designee to review charges and information to ascertain whether a violation has occurred and to recommend sanctions in accordance with the processes outlined in Articles IV and V of the Student Code of Conduct. Student Conduct Administrators may include, but are not limited to, the Dean of Student Development and Campus Life, Director of Residence Life, Assistant Director of Residence Life for Student Conduct and Operations, and/or any other professional Residence Life staff member. The Dean of Student Development and Campus Life or designee may authorize a College official to serve simultaneously as a Student Conduct Administrator and as one of the members of the Student Conduct Hearing Board.
- The term “Student Conduct Hearing Board” means the group of College officials selected, trained, and designated by the Dean of Student Development and Campus Life or designee to review charges and information to ascertain whether a violation has occurred and to recommend sanctions in accordance with the processes outlined in Articles IV and V of the Student Code of Conduct.
- The term “sanction(s)” means a part of student conduct proceedings that entails responses or requirements given by the College to a student or student organization during a Student Conduct Administrative Review, a Student Conduct Administrator Hearing or a Student Conduct Hearing Board in response to a finding of responsibility for violation of the Student Code of Conduct. Sanctions are contained in Article IV and V of this Student Code of Conduct.
- The term “Appellate Board” means a group of College officials selected, trained, and designated by the Dean of Student Development and Campus Life or Office of Student Conduct to consider an appeal of the conduct proceedings after sanctions are recommended to the Office of Student Conduct. Decisions made by the Appellate Board are final.
- In Student Conduct Administrative Review cases, the Director of Residence Life or the Assistant Director of Residence Life for Student Conduct and Operations may serve as an Appellate Person. The Dean of Student Development and Campus Life may serve as the Appellate Person in cases in which the Director of Residence Life or the Assistant Director of Residence Life for Student Conduct and Operations is significantly involved in the investigation or hearing process.
- The term “may” is used in the permissive sense.
- The term “preponderance of the information” is the standard by which a finding of responsibility for charge(s) of violation(s) of the Student Code of Conduct is ascertained in a Student Conduct Administrative Review, a Student Conduct Administrator Hearing or a Student Conduct Hearing Board. The selected, trained, and designated College officials’ determination will be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct.
- The term “policy” means the written regulations of the College as found in, but not limited to, the Student Code of Conduct, Residence Life Contract, the College web page, Information Technology, College catalog, and other policies found and outlined in the York College of Pennsylvania Student Handbook.As used here, the term “policy” does not refer to the College’s Sexual Misconduct Policy and Grievance Procedure.
- The term “reporting person” means any person who submits a report alleging that a student violated the Student Code of Conduct. It is not a requirement that the reporting person be the person or persons who were the recipient of the behavior associated with the reported incident.
- The term “adviser” is defined as support person to a student involved in conduct proceedings.
- Only the responding person is permitted to have an adviser related to allegations of violations of this policy, and the adviser must be a College official.
- The term “responding person” is defined as the student or student organization charged with a violation of the Student Code of Conduct.
- The term “consent” means a willingness to participate in a mutually agreed upon sexual activity indicated by words or actions that are informed, freely and actively given, and mutually understood.
- The term “effective consent” means that the individual(s) involved in the sexual act were able to actively engage in the decision making process regarding the behaviors. Under this expectation, the decision to engage in the acts was informed, freely and actively given, and mutually agreed upon by words or actions that indicate a willingness to participate.
- The term “ineffective consent” means if one of more individuals participating in the sexual activity are unable to provide consent due to incapacitation, the use of physical force, threats, intimidation, or coercion.
- Incapacitation can apply to someone who has been drinking; consuming legal or illegal drugs, has been drugged, or is mentally or physically impaired. To have sexual contact with an individual who you can reasonably see or understand to be incapable of making rational and reasonable decisions regarding a sexual situation is defined as “incapacitated sexual behavior.”
- Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that causes the recipient of the behavior to engage in unwanted sexual behavior.
- The term “reasonable person” means an individual under similar circumstances and similar identities (gender, age, race, etc.) who possesses the capacities for mental acuity, critical thinking, and emotional stability representative of the general population.
- The term “Proceeding” is defined as a scheduled Student Conduct Administrator Hearing, a hearing before the Student Conduct Hearing Board, or an appeal decided by the Appellate Board.
- The term “Result” and/or “Outcome” is written notification stating whether or not a violation of the Student Code of Conduct occurred, and any sanctions imposed (if applicable).
Article II: Student Code of Conduct Authority
- The Dean of Student Development and Campus Life, in conjunction with the Director of Residence Life and Assistant Director of Residence Life/Coordinator of Student Conduct, are the persons designated by the College to be responsible for the administration of the Student Code of Conduct, conduct proceedings, and all related records. The Office of Student Conduct, under the direction of the Dean of Student Development and Campus Life, will determine the composition of Student Conduct Hearing Boards and determine which Student Conduct Hearing Board or Student Conduct Administrator shall be authorized to hear each matter.
- Student Conduct Administrative Review
- Intended to be an expedited process for examination of alleged violations, outcome and sanctioning.
- Typically used for break violations, minor alleged violations, large gatherings, and end of semester incidents.
- Student Conduct Administrator Hearing
- Selection, training, and designation
- Employees of the Office of Residence Life may be selected, trained, and designated to serve as Student Conduct Administrators after full completion of an annual Student Conduct Administrator training, Title IX training, FERPA training, and Campus Security Authority training.
- Student Conduct Hearing Board
- Selection, training, and designation
- College officials may be selected, trained, and designated to serve on Student Conduct Hearing Boards after full completion of an annual Student Conduct Hearing Board training, Title IX training, FERPA training, and Campus Security Authority training.
- Composition
- A quorum for a Student Conduct Hearing Board is three (3) Student Conduct Hearing Board members (all voting) and a non-voting chairperson appointed by the Office of Student Conduct.
- Exceptions
- When a quorum Student Conduct Hearing Board cannot be convened, during such, but not limited to, occasions at the beginning or end of an academic semester, the Office of Student Conduct may assign a case to a Student Conduct Administrator(s) for a Student Conduct Administrator Hearing.
- In cases in which a Student Conduct Hearing Board cannot be convened, those members of the Student Conduct Hearing Board who are convened or the Student Conduct Administrator may suspend or expel students from the College.
- Student Conduct Hearing Board members may be removed on a case-by-case basis at the discretion of the Office of Student Conduct.
- Outcomes
- Absent an appeal pursuant to the process described in Student Code of Conduct Article IV decisions made by a Student Conduct Administrative Review, a Student Conduct Administrator Hearing or a Student Conduct Hearing Board, or the Dean of Student Development and Campus Life will be final.
Article III: Code of Conduct
- Jurisdiction of the College Student Code of Conduct
The Student Code of Conduct applies to student conduct that adversely affects the College community and/or the pursuit of its objectives. This includes conduct that occurs on College premises, at College sponsored activities, and off campus. Students who live off-campus are subject to all policies in the Student Code of Conduct. Students are accountable for the conduct in which they engage while enrolled at the College. The College may charge a student for any behavior that occurs from the point of acceptance of admission to the College, while the student is enrolled, and between semesters of concurrent enrollment. This applies to conduct that occurs before classes begin, after classes end, and to conduct that is not discovered until after a degree has been awarded. Student Conduct proceedings may occur in the absence of the charged student at the sole discretion of the College. However, no hearing will be held in the absence of the charged student unless the charged student has been provided with appropriate advance notice of the hearing and consquences for not attending. The Student Code of Conduct should be read broadly and is not designed to define prohibited conduct in exhaustive terms.
- Conduct Rules and Regulations
Any student found to have committed or to have attempted to commit the following misconduct is subject to the conduct sanctions outlined in the Article IV:
- Failure to comply with the College Identification Policy:
- Failure, refusal, or inability to furnish one’s College ID card to College officials upon request.
- Transference or provision of a College ID card to others for identification, building/facility/event admission, or any other purpose.
- Deception and dishonesty:
- Lying to or misleading faculty members, staff members, College officials, or any local, state, and federal law enforcement officers for any purpose.
- Forgery, alteration, transfer, misrepresentation, or any other unauthorized change, use, or revision of College records, transcripts, grade reports, documents, ID cards, parking passes, or any other College document.
- Creation, possession, or use of any form of false identification.
- Academic dishonesty of any kind as defined by the Division of Academic Affairs. This includes but is not limited to any form of cheating or plagiarizing.
- Furnishing or submitting a false report.
- Making a false report regarding an emergency.
- Failure to Comply:
- Failure to comply with the official and proper order of College officials or law enforcement officers acting within the scope of their employment.
- Uncooperative response to College faculty/staff, Residence Life staff, Campus Safety officers, and any local, state, and federal law enforcement officers.
- Failure to promptly follow all emergency procedures in the case of a campus alarm. This includes Residence Hall fire drills.
- Physical Assault: An act of unwelcome physical contact or one that subjects another person to physical injury or pain. This rule is not intended to prohibit any activity or conduct that furthers the legitimate educational curriculum or a legitimate extracurricular program as defined and approved by the College.
- Sexual and Interpersonal Misconduct:
- Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:
1. A College employee conditions the provision of aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct that a reasonable person would consider to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education programs or activities; or
3. “Sexual assault,” “domestic violence,” “dating violence,” or “stalking” as defined in this policy.
- Coercion: Occurs when a sexual initiator engages in sexually pressuring or oppressive behavior that causes the behavior’s target to engage in unwanted sexual behavior.
-
Sexual Assault:
1. Any anal or vaginal penetration of another against that person’s will or without that person’s consent;
2. Any oral penetration of another by a sexual organ against that person’s will or without that person’s consent;
3. Any insertion of one’s genitals into another’s mouth, anus, or vagina against that person’s will or without that person’s consent;
4. Any attempt to make or the making of physical contact with another for the purpose of sexual gratification, against that person’s will or without that person’s consent; or
5. The use of physical force, coercion, intentional impairment, or threat of harm to commit any of these acts.
- Domestic Violence: An act of violence committed against an individual,
1. By a current or former spouse or intimate partner of that individual;
2. By a person with whom the alleged victim shares a child in common;
3. By a person who is cohabitating with or has cohabitated with the alleged victim as a spouse or intimate partner;
4. By a person similarly situated to a spouse under the domestic or family violence law of the jurisdiction in which the act of violence allegedly occurred; or
5. By any other person against the alleged victim, if the relationship is such that the alleged victim is protected from that person’s acts under Pennsylvania law regarding domestic or family violence.
- Dating Violence: An act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. Whether such a relationship existed must be determined by taking into consideration the relationship’s length, type, and frequency of interaction between the persons involved in the relationship.
- Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
1. Fear for his or her safety or the safety of others; or
2. Suffer substantial emotional distress.
Examples of conduct qualifying as stalking include the following:
(a) Following a person without proper authority, under circumstances that a reasonable person would believe demonstrate an intention to cause physical harm or emotional distress to the person being followed; and
(b) Repeatedly communicating with a person under circumstances that a reasonable recipient of such communications would believe demonstrate an intention to cause physical harm or emotional distress to the recipient of such communications.
- Harassment:
- Harassment: Any attack or other unwanted action done repeatedly with a clear intention to annoy, alarm, or frighten a specific person. Prohibited conduct includes hazing, verbal abuse, abusive messages (including those in writing and those communicated through electronic means), stalking, threats, coercion, bullying, or intimidation directed at a specific person.
- Identity-Based Harassment: Any attack or other unwanted action done with a clear intention to annoy, alarm, or frighten a person due to that person’s identity, including the target person’s sex, gender identity, sexual orientation, religion, race, national origin, ethnicity, disability, social affiliation, age, marital status, veteran status, pregnancy, or medical condition. Prohibited conduct includes hazing, verbal abuse, abusive messages (including those in writing and those communicated through electronic means), stalking, threats, coercion, bullying, intimidation, or other behaviors prohibited by York College’s Anti-Discrimination/Ethnic Intimidation Policy. To qualify as Identity-Based Harassment, the conduct in question must be severe or pervasive such that it could be interpreted by a reasonable person in the same circumstances as depriving the target person of equal access to the College’s programs or activities.
- Disruptive Conduct: Disruption may occur any of the following conduct: verbal abuse, obscenities, or alarm; engaging in fighting, threatening, or violent behavior; assisting or attempting to assist others in the violation or attempted violation of any College policy; making unreasonable noise; exhibiting disrespectful behavior or statements; and creating a hazardous, lewd, or offensive condition by any act, which serves no legitimate purpose, as defined by the College.
- Theft: Unauthorized removal or stealing or attempted removal or stealing of property belonging to the College or any individual or group.
- Damage or Misuse of Property: The unauthorized destruction of, damage to, misuse of, or abuse of College property, or the property of another individual or group. This includes, but is not limited to, the following conduct: throwing objects from windows and balconies; climbing in or out of windows; tampering with safety screens or windows; locking mechanisms on doors or windows; propping any interior or exterior door. Additionally, the placing or storage of personal items on balconies is prohibited.
- Reckless Endangerment: Actions which may intentionally or recklessly endanger the safety of oneself or others.
- Tampering with Fire Safety Equipment: Destroying, covering, inhibiting the use of, or otherwise tampering with fire safety equipment which includes, but is not limited to, fire extinguishers, fire hydrants, fire control panels, emergency pull stations, smoke detectors, sprinklers, and emergency exit doors.
- Bomb Threat: Making a bomb threat, under false pretenses.
- Fire Alarms:
- Activating a fire alarm in the absence of an emergency.
- Engaging or using campus call-box stations under false pretense or in the absence of an emergency.
- Causing the activation of a fire alarm (burnt cooking, smoking, etc.)
- Weapons, Explosives and Prohibited Items: Intentional use, possession, or sale of firearms, explosives (including fireworks), ammunition (including live or empty shells/bullets), or other weapons. The term “weapons” will include, but is not limited to, the items listed above, as well as BB guns, pellet guns, “Air Soft” guns, paintball guns, tasers, stun guns, knives, brass knuckles, and any other items prohibited by Pennsylvania law.
- Alcohol Possession or Use On or Off Campus:
- Possession or use of alcohol under the age of 21.
- Providing alcohol to an individual under the age of 21.
- Operating a motor vehicle while intoxicated or under the influence of alcohol.
- Being intoxicated or drunk while in public to the extent that one is a threat to oneself or others or disrupts the educational environment.
- Possessing an open container of alcohol on campus property.
- Manufacturing any type of alcohol or alcoholic beverage while living in on-campus housing.
- Being in the presence of others violating the alcohol policy on and off campus.
- Possession of empty alcohol containers, shot glasses, and other alcohol-related paraphernalia in campus housing, except in designated Independent Living Areas (Country Club Manor Apartments, Richland Hall, Springettsbury House, Springettsbury Apartments, Spring Garden Apartments, and Brockie Commons).
- Hosting a social event with alcohol which involves disruptive behavior, underage drinking, or other violations of College policy.
- Possession or use of alcohol by students age 21 or over on campus. (Exception: A student age 21 and over may only possess and use alcohol in designated Independent Living Areas (Country Club Manor Apartments, Richland Hall, Springettsbury House, Springettsbury Apartments, Spring Garden Apartments, and Brockie Commons) while no guest under the age of 21 is present.)
- Any activity or device that promotes or encourages binge consumption of alcohol.
- Drug Possession and/or Use On or Off Campus:
- Unauthorized use or possession of a controlled substance(s).
- Sale or distribution of a controlled substance.
- Operating a motor vehicle while under the influence of a drug.
- Manufacturing any type of drugs on or off campus.
- Being in the presence of others violating the drug policy.
- Possession of any drug-related paraphernalia, including, but not limited to devices commonly used for smoking marijuana and other drugs devices commonly employed in the use of drugs.
- Utilizing any item to mask the odor of marijuana and other drugs.
- Hosting a social event in which marijuana or other drugs is being used.
- Unauthorized use, possession, and/or distribution of prescription and over-the-counter medication.
- Gambling: Unauthorized gambling, including bookmaking, lottery selling, or operating games of chance.
- Smoking: York College prohibits the use of all tobacco products on YCP property. This includes smokeless tobacco, ‘spit’ tobacco, cigars, cigarettes, pipes, or any other smoking material or device including electronic cigarettes, juuls, hookahs, and vapes.
- Prohibited Entry and Presence: Forcible entry or unauthorized presence into College buildings or College related facilities; this includes all residence halls, houses, and apartments maintained by the College.
- College Key Use: Unauthorized possession or use of keys belonging to the College. This includes the unauthorized use, lending, and duplication of College and Residence Hall keys.
- Hazing: Any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student, or which requires, encourages, or permits violation of any federal, state, or local statute or College policy, for the purpose of initiation or membership into, or affiliation with, or membership in any student organizations recognized by, or affiliated with the College. This holds true regardless of the individual’s willingness to participate. This rule is not intended to prohibit any activity or conduct that furthers the legitimate educational curriculum or a legitimate extracurricular program as defined and approved by the College.
- Inappropriate use of campus computers or the campus network:
- Failure to comply with College regulations, policies, license agreements, and contracts governing network, software, and hardware use.
- Utilizing computing networks for unauthorized personal commercial gain.
- Failure to protect one’s password and use of one’s account.
- Breach of network or computer security.
- Utilizing another individual’s password.
- Utilizing the computing network to send obscene or harassing messages.
- Utilizing the computing network to download copyrighted materials.
- Burning Substances: Intentionally starting or causing a fire or explosion without expressed permission from a College official on campus property. This includes, but is not limited to, prohibited possession of candles, incense, lighter fluid, or any other burning substances inside residential facilities.
- Fan Conduct: Profane or vulgar language, disrespectful gestures toward any player(s), artist(s), official(s), other student(s)/fan(s), or College official(s) while present at a sporting event, concert, lecture or other College function.
- Retaliation: Intimidation, threats, coercion, or discrimination against any individual because that individual has made a report or complaint or otherwise participated in an investigation, proceedings, or hearing related to an alleged violation of the Student Code of Conduct.
- Complicity: Aiding, abetting, conspiring, hiring, or being an accessory to any conduct prohibited by the Student Code of Conduct or any other College policy.
- Violation of any College Policy: Students must adhere to all College policies listed and discussed in the Student Handbook, as well as all local, state, and federal laws, regardless of conviction. These include, but are not limited to, College health and welfare standards.
- Fan Conduct at Sporting and Other Campus Events Policy
- Personal Conduct on Internet Sites Policy
- Anti-Discrimination/Ethnic Intimidation Policy
- College Information Systems Policies
- Residence Life Contract
- Greek Life Policy - Philosophies and Policies
- Greek Life Policy - Greek Expectation and Requirements
- Greek Life Policy - College Administrative Policy for Greek and New Member Activities
- Parking and Traffic Enforcement: Students must adhere to all College policies listed and discussed in the Student Handbook, as well as all local, state, and federal laws, regardless of conviction. These include, but are not limited to, College and municipal parking regulations, traffic regulations, and other policies related to campus facilities.
- Medical Amnesty Policy
- The College strives to maintain the highest level of safety and security for all students. In regards to medical amnesty related to a student’s alcohol consumption, York College encourages students to always lean on the side of safety when deciding to call for emergency help. A student who contacts emergency medical intervention for another student who is in need of immediate medical care will receive no conduct action for the consumption of alcohol at the time of the incident under the Student Code of Conduct provided that all of the following are true:
- The student is the first person to contact the Department of Campus Safety or 911 to report that a person needs medical attention due to alcohol consumption.
- The student provides his/her own name to the emergency operator (Department of Campus Safety or 911).
- The student remains with the person needing medical attention until the Department of Campus Safety or emergency personnel arrive and the need for the student’s presence has ended.
- This policy also applies to any student who is reporting that they or another student they are with has been involved in an incident of sexual misconduct.
- The reporting student may be required to have a non-conduct follow-up meeting with a Student Conduct Administrator.
Article IV: Student Code of Conduct Proceedings for Individual Students
- All students participating in Student Conduct proceedings can expect honest communication, equitable application of all processes and procedures, and to be treated with respect as a member of the College community.
- A responding person may expect the following:
- To be provided written notice of all charges prior to student conduct proceedings.
- To be provided an opportunity to review their conduct file, incident reports, and any other information that supports charges prior to student conduct proceedings. This request must be done in writing. The student may only review their conduct file, incident reports, and any other information that supports charges in the Office of Residence Life. The student may not remove any files, reports or documents from the office.
- An opportunity to contest all charges of alleged violations of the Student Code of Conduct in a hearing.
- An opportunity to request an appeal of outcomes determined through student conduct proceedings.
- Violations and Student Code of Conduct Hearing Assignment
The following procedures are established for formalized investigations and hearings regarding alleged violations of the Student Code of Conduct:
- Any member of the College community may file a complaint(s) alleging a student violated the Student Code of Conduct. Complaints should be submitted as soon as possible.
- The Office of Student Conduct determines whether a complaint merits a formal or informal investigation. If a complaint does not warrant an investigation then the Student Conduct case will be closed. Such a determination will be final and there will be no subsequent proceedings.
- The Office of Student Conduct determines whether an investigation identifies behavior that may constitute a violation of the Student Code of Conduct. If behavior is identified that may violate the Student Code of Conduct, then the accused student will be charged with violating the Student Code of Conduct. Otherwise the Student Conduct case will be closed.
- All charges alleging violation of the Student Code of Conduct will result in a hearing in one of three forms, 1) a Student Conduct Administrative Review, 2) a Student Conduct Administrator Hearing, or 3) a Student Conduct Hearing Board. The Office of Student Conduct will determine which proceeding format is appropriate for the charges. Charges relating to behavior that is chronic or egregious and may result in suspension or expulsion will be directed to a Student Conduct Hearing Board. Other cases may be directed to either a Student Conduct Administrative Review or a Student Conduct Administrator Hearing. These determinations are made at the discretion of the Office of Student Conduct.
- Responding person(s) will receive formal written notice of charges that includes a list of all alleged violations of the Student Code of Conduct. The notification may include whether the initial complaint was submitted by an individual or an identified department. The written notice will also include the date, time, and location of the Student Conduct proceedings. Notice will be given at least two business days prior to the scheduled hearing.
- Any person involved in an incident on campus may request a copy of a York College Campus Safety incident report. The College maintains the right to deny copies of any incident report since York College is a private institution and reports generated by the Department of Campus Safety are not public record. However, in most cases, the Department will honor requests for copies of reports by individuals who are directly affected by the incident. Written requests for copies of incident reports can be made in the Campus Safety Office. Investigation status, student conduct proceeding status, confidentiality and compliance with appropriate laws and regulations will be considered when requests for reports are submitted. Complainants or Respondents informed that they are being referred to the Office of Student Conduct for an alleged violation of College policy must request a copy of the incident report from the Department of Campus Safety (717-815-1403 - located in Manor Northeast). The student must request the report in writing from the Department of Campus Safety in order to receive a copy of the report. A student may request a copy of an incident report generated by the Department of Residence Life. The Department of Residence Life will accept written requests for copies of reports by individuals who are directly affected by the incident. Investigation status, student conduct proceeding status, confidentiality and compliance with appropriate laws and regulations will be considered when requests for reports are submitted. Written requests of an incident report generated by The Department of Residence Life can be sent to studentconduct@ycp.edu. Granted requests for copies of an incident report may take two business days for processing.
- In cases assigned to Student Conduct Administrative Review, alleged violations of College policy are referred through a process that works to expedite the conduct proceedings by issuing violation outcomes and sanctions via official written communication to a student’s York College of Pennsylvania official e-mail address. After notification of the Student Conduct Administrative Review outcome, accused students may appeal the outcome in writing to the Office of Student Conduct within three business days to request a Student Conduct Administrator Hearing with a Student Conduct Administrator.
- In cases assigned to a Student Conduct Administrator Hearing, the Student Conduct Administrator will determine based upon the preponderance of information presented in the hearing if a violation of the Student Code of Conduct has occurred. Sanctions are recommended after a finding of responsibility. All sanctions provided by a Student Conduct Administrator are considered a recommendation to the Student Affairs Division. Hearing outcomes and sanctions may be reviewed, confirmed or adjusted. The responding person may appeal this decision within three business days.
- Student Conduct Administrator Hearings will be conducted according to the following guidelines:
- Student Conduct Administrator Hearings must be conducted in private.
- The responding person and an adviser, if any, will be allowed to attend the entire Student Conduct Administrator Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Administrator Hearing will be at the discretion of Office of Student Conduct.
- In the case of a Student Conduct Administrator Hearing involving more than one student alleged of violating College policy in the same incident, the Office of Student Conduct, in its discretion, may permit the Student Conduct Administrator Hearing to be conducted either separately or jointly.
- The responding person may have an adviser as defined in Article I. The adviser must be a current faculty, staff, or administrator of the College. Consistent with the philosophy of the student conduct process being educational and not a legal process, attorneys are not permitted to serve as an adviser or attend a Student Conduct Administrator Hearing. Similarly parents or guardians of a responding person are not permitted to attend a Student Conduct Administrator Hearing. The responding person is responsible for presenting his or her own information, and therefore, advisers are not permitted to speak for or to actively participate in any Student Conduct Administrator Hearing proceedings. An adviser may only consult and advise his or her advisee and cannot speak directly to the Student Conduct Administrator.
- A student should select an adviser whose schedule allows attendance at the scheduled date and time for the Student Conduct Administrator Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. An adviser is expected to respect the integrity of the conduct hearing process and act in a professional and ethical manner at all times. During the hearing process, an adviser may have access to sensitive information regarding a student record and/or incident. It is required that an adviser maintain the privacy of all students and not discuss the incident or student information outlined in the Student Conduct Administrator Hearing outside of the necessary parties involved. The Family Educational Rights and Privacy Act of 1974 prohibits the unauthorized re-disclosure of student records.
- The responding person; and the Office of Student Conduct may arrange for witnesses to present pertinent information to the Student Conduct Administrator Hearing. Witnesses are those individuals present at the time of the incident, who have first-hand knowledge and are not considered individuals who serve only as character references. The Office of Student Conduct will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible. At the discretion of the Student Conduct Administrator, the responding person may or may not be permitted to be present while witnesses provide testimony to the Student Conduct Administrator Hearing at the discretion of the Administrator.
- Questions of whether potential information will be received by the Student Conduct Administrator Hearing will be resolved in the discretion of the Office of Student Conduct. Witness testimony in writing must be documented officially with the Department of Campus Safety or the Office of Student Conduct. If a written statement is officially documented with the Department of Campus Safety or the Office of Student Conduct, the such a written statement is permitted to serve as an official witness statement to the Student Conduct Administrator Hearing. This means that a witness does not necessarily need to be physically present in order to provide testimony to a Student Conduct Administrator Hearing.
- Pertinent records, exhibits, and written statements may be accepted as information for consideration by a Student Conduct Administrator Hearing at the discretion of the Student Conduct Administrator.
- All procedural questions are subject to the final decision of the Student Conduct Administrator.
- After the portion of the Student Conduct Administrator Hearing concludes in which all pertinent information has been received, the Student Conduct Administrator will determine whether the responding person has violated each section of the Student Code of Conduct which the responding person is charged with violating.
- The Student Conduct Administrator’s determination will be made on the basis of whether by a preponderance of the information that it is more likely than not that the accused student violated the Student Code of Conduct. Notes are taken during the hearing process and a summary of the testimony provided and the rationale of the Administrator’s decision regarding responsibility and the sanction imposed (if any) may be provided for the accused student. The responding person must request the summary of testimony and/or the rationale of the Administrator’s decision and any sanction in writing to studentconduct@ycp.edu within two business days of the hearing.
- Formal rules of process, procedure, and technical rules of evidence, such as are applied in criminal or civil court, are not used in proceedings regarding alleged violations of the College Student Code of Conduct.
- The responding person will be notified verbally of the hearing outcome at the conclusion of the hearing and will be notified of the decision in writing within three business days. If applicable, the reporting person will be notified of the written outcome.
- If a responding person, with notice, does not appear before a Student Conduct Administrator Hearing, the information in support of the charges, and any information that tends to dispute the charges, if known, will be presented and considered in the absence of the responding person.
- The Student Conduct Administrator Hearing may accommodate concerns for personal safety, well-being, or fears of confrontation of the reporting person, responding person, or any witness during the hearing by providing separate locations, permitting participation by telephone, as determined in the judgment of the Office of Student Conduct to be appropriate.
- The Student Conduct Administrative Hearing will reasonably accommodate students with disabilities.
- In cases assigned to a Student Conduct Hearing Board, the Student Conduct Hearing Board will determine based upon the preponderance of information presented in the hearing if a violation of Student Code of Conduct has occurred. Sanctions are recommended after a finding of responsibility. All sanctions provided by a Student Conduct Hearing Board are considered a recommendation to the Student Affairs Division/Office of Student Conduct. Hearing outcomes and sanctions may be reviewed, confirmed or adjusted. The responding person may appeal within three business days.
- Student Conduct Hearing Boards will be conducted according to the following guidelines:
- Student Conduct Hearing Boards must be conducted in private.
- The responding person and an adviser, if any, will be allowed to attend the entire Student Conduct Hearing Board at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Hearing Board shall be at the discretion of Office of Student Conduct and/or its Student Conduct Hearing Chairperson.
- In the case of a Student Conduct Hearing Board involving more than one student alleged of violating College policy in the same incident, the Office of Student Conduct, in its discretion, may permit the Student Conduct Hearing Board to be conducted either separately or jointly.
- The responding person may have an adviser as defined in Article I. The adviser must be a current faculty, staff, or administrator of the College. Consistent with the philosophy of the student conduct process being educational and not a legal process, attorneys are not permitted to serve as an advisor or attend a hearing before the Student Conduct Hearing Board. Similarly, parents or guardians of a responding person are not permitted to attend a Student Conduct Hearing Board. The responding person is responsible for presenting his or her own information, and therefore, advisers are not permitted to speak for or to actively participate in any Student Conduct Hearing Board proceedings. An adviser may only consult and advise his or her advisee and cannot speak directly to the Student Conduct Hearing Board.
- A student should select an adviser whose schedule allows attendance at the scheduled date and time for the Student Conduct Hearing Board because delays will not normally be allowed due to the scheduling conflicts of an adviser. An adviser is expected to respect the integrity of the conduct hearing process and act in a professional and ethical manner at all times. During the hearing process, an adviser may have access to sensitive information regarding a student record or incident. It is required that an adviser maintain the privacy of all students and not discuss the incident or student information outlined in the Student Conduct Hearing Board outside of the necessary parties involved. The Family Educational Rights and Privacy Act of 1974 prohibits the unauthorized re-disclosure of student records.
- Questions of whether potential information will be received by the Student Conduct Hearing Board shall be resolved in the discretion of the Office of Student Conduct. Witness testimony in writing must be documented officially with the Department of Campus Safety and/or the Office of Student Conduct. Witness testimony in writing is permitted to serve as an official witness statement to the Student Conduct Hearing Board, meaning a witness does not necessarily need to be physically present in order to provide testimony to a Student Conduct Hearing Board. Written reporting person testimony, including an impact statement detailing how the reported incident has affected them, is also accepted as an official statement to the Student Conduct Hearing Board.
- Pertinent records, exhibits, and written statements may be accepted as information for consideration by a Student Conduct Hearing Board at the discretion of the Chairperson.
- All procedural questions are subject to the final decision of the Chairperson of the Student Conduct Hearing Board.
- After the portion of the Student Conduct Hearing Board concludes in which all pertinent information has been received, the Student Conduct Hearing Board will determine (by majority vote) whether the responding person has violated each section of the Student Code he or she is charged with violating.
- The Student Conduct Hearing Board’s determination will be made on the basis of whether by a preponderance of the information that it is more likely than not that the accused student violated the Student Code of Conduct.
- Notes are taken during the hearing process. A summary of the testimony provided and the rationale of the board decision regarding responsibility and sanction imposed (if any) may be provided for the responding person. The responding person must request the summary of testimony and the rationale of the board decision and/or the sanction in writing to studentconduct@ycp.edu.
- Formal rules of process, procedure, and technical rules of evidence, such as are applied in criminal or civil court, are not used in proceddings regarding alleged violatons of the Student Code of Conduct.
- The Office of Student Conduct may make audio recordings of hearings in which suspension or expulsion is a possible sanction. No other recording devices such as, tape recorders, cell phones, or video cameras are permitted during a Student Conduct Hearing.
- If a responding person, with notice, does not appear before a Student Conduct Hearing Board, the information in support of the charges, and any information that tends to dispute the charges, if known, will be presented and considered in the absence of the responding person.
- The Student Conduct Hearing Board may accommodate concerns for personal safety, well-being, or fears of confrontation of the reporting person, responding person, and witness during the hearing by providing separate locations, permitting participation by telephone, as determined in the judgment of the Office of Student Conduct to be appropriate.
- The Student Conduct Hearing Board will reasonably accommodate students with disabilities.
- Disclosure to the reporting person and responding person under the Sexual and Interpersonal Misconduct Policy are listed in Article V of this section.
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The College reserves the right to conduct student conduct proceedings through remote technology, such as Zoom or a similar platform. Any technology that the College utilizes to conduct hearings will enable the respondent, any other party, witnesses, advisors, hearing officers, and hearing board members to simultaneously see and hear the person or witness speaking or answering questions.
- Student Conduct Sanctioning
The College reserves the right to impose sanctions, up to and including expulsion from the College, if the student has engaged in activity in violation of the Student Code of Conduct. Sanctions imposed may include one or more of, but not limited to, those listed below. Copies of all sanction notices are maintained by the Office of Student Conduct under the supervision of the Student Affairs Division. Student conduct records that contain imposition of sanctions other than eviction from College residential facilities, suspension, or expulsion will be removed from the student’s confidential record five (5) years after the student graduates or five (5) years after the student’s last term of enrollment, whichever is later.
- Expungement A student may request that his/her student conduct record be expunged during the final semester of enrollment or after graduation. Expungement will be considered only for students with sanctions less than suspension or expulsion and at the discretion of the Offices of Student Affairs and Student Conduct. Please note the Department of Campus Safety does not expunge Campus Safety Reports. Minimum criteria include the following: 1) at least one calendar year with no violations of the Student Code of Conduct, 2) all sanction requirements have been completed, 3) all financial obligations at the College have been met, and 4) violations contained in the student’s record are associated with non-violent behaviors. Individuals interested in having their conduct record expunged can do so by submitting in writing a request to the Dean of Student Development and Campus Life. Expungement Requests must meet the criteria listed above, and contain a description of why the individual wishes to have their record expunged. They should also indicate how the expungement would help the individual reach their goals and what the individual has learned from their experience through the conduct process. Expungement requests are granted at the discretion of the Office of Student Affairs and in consultation with the Office of Student Conduct.
- Interim Measures
- Interim Suspension: With the approval of the President, the Dean of Student Development and Campus Life, or a designee, the College has the authority to issue an interim College or residence hall suspension prior to a hearing or appeal process. Interim suspension may be imposed under the following circumstances: 1) during the investigatory stage to ensure the safety and well-being of members of the College community or preservation of College property; 2) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College; or 3) in instances of a violation of College policy regarding Sexual and Interpersonal Misconduct.
- During the interim suspension, a student is prohibited from accessing the residence halls and the campus (including classes).
- Interim Suspension status will be removed at the discretion of the Dean of Student Development and Campus Life, the Office of Student Conduct, or by the Student Conduct Hearing Board or Student Conduct Administrator assigned to conduct a hearing.
- If, in the judgment of the Student Conduct Hearing Board or the Student Conduct Administrator, the student is found not in violation of the Student Code of Conduct, the student will be given the right to make up any academic work missed as a result of the Interim Suspension.
- Residence Hall Relocation: A student may be temporarily reassigned to another residence hall on campus. Residence hall relocation may be imposed as a sanction, when appropriate, for violation of the Student Code of Conduct. If that occurs, the student will move into a location designated by the Office of Residence Life permanently.
- No-Contact Directive: The College may work with students to assign a no-contact directive when appropriate. A no-contact directive may be assigned in order to facilitate any College inquiry into an incident or be assigned as a sanction. Generally, no-contact is defined as having no direct or indirect contact between two or more students at any time. This includes, but is not limited to, communication that is considered written, electronic, verbal, or physical. Written and electronic communication is understood to include all electronic means of communication; including but not limited to, e-mail, instant messaging, social networking sites, text messaging, etc. Verbal communication is understood to include phone calls, voicemails, etc. A no-contact directive may include additional restrictions and terms.
- Sanctions
The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct. More than one of the sanctions listed below may be imposed for any single violation. In addition, when determining the appropriate sanctions, the Student Conduct Administrator or Student Conduct Hearing Board may take into account any previous violations or sanctions imposed in a prior conduct proceeding. Parents/Guardians of a financially dependent student found responsible for a violation of the Student Code of Conduct, especially when a violation of the College’s drug or alcohol policies has occurred, may be notified via postal mail regarding the incident.
- Official Warning: An official warning is a statement by a College official documenting a violation of the Student Code of Conduct by a student and the discussion regarding that violation. The student is warned that further violations may result in additional disciplinary action.
- Fines/Community Restitution: This sanction requires that students who are found in violation of certain policies pay a monetary fine, or bear responsibility for some form of community restitution (financial or otherwise).
- Fire Safety: This sanction requires that students who are found in violation of the fire safety policies will be required to take an educational online course or pay a monetary fine. Fines will be assessed based on the incident.
- Educational Assignments: This sanction requires that the student complete an assigned task with the purpose of educating the student about the implications, effects, or dangers of their behavior. These assignments can include, but are not limited to, work assignments, mandatory mentoring, anger management assessment, emotional control assessments, essays/reflections, alcohol and drug assessment or substance use advising, service to the College, community service, or other related discretionary assignments.
- Loss of Privileges: Denial of specified privileges for a designated period of time. This includes, but is not limited to, loss of position in club(s) or student organization(s), suspension from athletic team or performing group, loss of privileges to use specified facilities, prohibition from participation in co-curricular activities, loss of privilege to park or drive on campus, loss of privilege to live in residence hall or participate in housing selection, loss of ability to apply or be approved to live off campus.
- Residence Hall Relocation: This sanction allows for students to be assigned to a different residential space on campus if they violate policy or demonstrate an inability to continue living in their current community or room.
- No-Contact Directive: The College may work with students to assign a no-contact directive when appropriate. A no-contact directive may be assigned in order to facilitate any College inquiry into an incident or be assigned as a sanction. Generally, no-contact is defined as having no direct or indirect contact between two or more students at any time. This includes, but is not limited to, communication that is considered written, electronic, verbal, or physical. Written and electronic communication is understood to include all electronic means of communication; including but not limited to, e-mail, instant messaging, social networking sites, text messaging, etc. Verbal communication is understood to include phone calls, voicemails, etc. A no-contact directive may include additional restrictions and terms.
- Disciplinary Probation: This sanction applies to more serious or repeat violations of the Student Code of Conduct. Probation carries with it a specified probationary period during which the student may be restricted from specified College privileges and given specific probationary assignments, i.e., campus/community work detail, participation in educational programs, or other projects. Details of probation are outlined on a probationary contract or letter of probation from the College official issuing the determination. The specific requirements of each student’s probation depend upon the case and the recommendations of Residence Life Staff, Department of Campus Safety, the Student Conduct Hearing Board, the Student Conduct Hearing Administrator or the Dean of Student Development and Campus Life, as appropriate. If the student is found to be in further violation of the Student Code of Conduct or in violation of the terms of the probationary contract, the student may face eviction from College residential facilities or suspension/expulsion from the College.
- Eviction from College Residence Halls: Upon rendering of a decision to evict a student from College residential facilities, the student is required to completely vacate the residence by a specified time and date. After the student has vacated the residential facility, they are no longer permitted to enter any York College residential facility. Further violations may result in more serious sanctions, including suspension or expulsion. The student may receive assistance in identifying available alternative housing, but housing costs and fees are not refunded.
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Notice of Suspension: This sanction is official notice that any future violations of the Student Code of Conduct will likely result in a student’s dismissal from the institution for a specific duration determined by the Student Conduct Administrator or Student Conduct Hearing Board.
- Suspension: Suspension for conduct purposes involves a forced, temporary separation of a student from the College. All parties are notified in writing of the period of suspension. During the suspension period, the student is not permitted to enter the campus of York College for any reason without prior approval from the Dean of Student Development and Campus Life, Director of Residence Life, Assistant Director of Residence Life for Student Conduct or other designee. At the end of the period of suspension, the student is eligible to reapply through the Admissions Office, but must first request a conduct review with the Dean of Student Development and Campus Life. After this review, a decision will be made whether or not the student is eligible to return to the College. Tuition, housing costs, and fees are not refunded, but meal plans may be refunded at a prorated amount.
- Expulsion: Expulsion is a permanent separation of a student from the College. A student who is expelled for conduct reasons may not reapply for admission to the College. Administrative procedures, guidelines, and notification are identical to suspension. Students who are expelled from the College will be expected to vacate campus residential facilities (when applicable) the same day of expulsion, and are no longer permitted to enter the campus of the College for any reason without prior approval from the Dean of Student Development and Campus Life, Director of Residence Life, Assistant Director of Residence Life for Student Conduct or Department of Campus Safety.
- Appeals
- The student may request an appeal of any sanctioning or disciplinary decision to the Office of Student Conduct. The Office of Student Conduct will determine if an Appellate Board will be convened to consider the appeal based on the criteria in section C. An appeal must be made in writing to studentconduct@ycp.edu and must be submitted within three business days of the time that the sanction was issued.
- The Office of Student Conduct in conjunction with the Dean of Student Development and Campus Life may decide not to hear an appeal if the contents of the appeal letter fall outside the criteria listed in section C. In such a circumstance, the decision of the Student Conduct Hearing Board or Student Conduct Hearing Administrator will stand. If the Office of Student Conduct agrees to hear an appeal based on one or more of the three criteria listed in section C below, an Appellate Board will be formed to review the information presented. Upon review of the information the Appellate Board may, adjust the finding, adjust the sanction, or refer the matter to the Student Conduct Hearing Board, Student Conduct Hearing Administrator, or the Office of Student Conduct for re-opening of a hearing to allow reconsideration of the original determination and/or sanctions. If an appeal is not permitted, the matter shall be considered final and binding upon all involved. Appellate Boards will be appointed at the sole discretion of the Dean of Student Development and Campus Life and/or the Office of Student Conduct.
- Determination of appeal will be made on the following grounds and by a preponderance of the information. The justification for all appeal grounds must be clearly outlined in the letter of appeal.
- Prejudicial departure from the procedures outlined.
- Substantial new evidence or testimony not heard.
- The sanction deviates from the guidelines provided and is unduly harsh or inappropriate.
Article V: Sexual Misconduct Policy and Grievance Procedure
I. Policy’s Purpose
York College of Pennsylvania strives to eliminate sexual discrimination on campus and otherwise in its education program and activities. The College also strives to prevent the occurrence of sex discrimination and to address its effects. This policy describes how to report sexual misconduct allegations, how to file a formal complaint of sexual misconduct, how the College responds to allegations of sexual misconduct, and the College’s prompt, fair and equitable response to complaints in accordance with Title IX of the Education Amendments of 1972 (“Title IX”)[1].
This purpose of this policy is to ensure compliance with the provisions of Title IX, the Violence Against Women Reauthorization Act of 2013 (“VAWA”)[2] and related Campus SaVE Act provisions (“Campus SaVE”).[3] Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX. Title IX also prohibits retaliation against individuals for making or participating in complaints of sex discrimination.
This policy provides information regarding the College’s response to allegations of sexual misconduct, including descriptions of prohibited conduct, the process for resolving complaints, and possible remedies and sanctions.
Additional information regarding the College’s procedures for reporting and obtaining assistance in the event of sexual violence, stalking, domestic violence, or dating violence, can also be found on the Title IX section of the College’s website.[4]
II. Definitions
The following definitions apply to the use of these terms in this policy:
A. College: means York College of Pennsylvania.
B. Student: Includes,
1. An individual taking courses at the College as a student (in either full time or part time status, undergraduate, graduate, or professional studies programs), as well as those participating in non-credit or off campus programs;
2. Any individual who is not enrolled for a particular term but who has a continuing relationship with the College; and
3. Students who have been notified that they have been accepted for admission and have paid a tuition deposit.
C. Faculty Member: Any individual hired by the College to conduct teaching activities or whom the College otherwise considers a member of the faculty. For the purpose of this policy, the term “faculty” does not include any individual who would qualify as a “student” under the definition of that term in this policy.
D. College official: Includes any individual employed by the College, or other staff member performing assigned administrative or professional responsibilities.
E. Member of the College community: Includes any individual who is a student, faculty member, College official, any other person employed by the College, any member of the College’s Board of Trustees, or anyone who is participating or attempting to participate in the College’s education programs or activities.
F. College property: Includes all land, buildings, facilities, and other property in the possession of or owned, leased, used, or controlled by the College (including adjacent streets and sidewalks).
G. Complainant: An individual alleged to be the victim of conduct that could constitute “sexual misconduct,” as that term is defined in this policy.
H. Formal complaint: A document filed by a complainant or signed by the College’s Title IX Coordinator alleging sexual misconduct against a respondent and requesting that the College investigate the allegation of sexual misconduct. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the College’s education programs or activities. The Title IX Coordinator may not be considered a “complainant” under this policy, even in those situations when the Title IX Coordinator signs the formal complaint.
I. Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute “sexual misconduct,” as that term is defined in this policy.
J. Sexual misconduct: Discrimination on the basis of sex that takes the form of sexual harassment, sexual assault, sexual violence, domestic violence, dating violence, and sex-based stalking.
K. Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
1. A College employee conditions the provision of aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct that a reasonable person would consider to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education programs or activities; or
3. “Sexual assault,” “domestic violence,” “dating violence,” or “stalking” as defined in this policy.
L. Sexual assault:
1. Any anal or vaginal penetration of another against that person’s will or without that person’s consent;
2. Any oral penetration of another by a sexual organ against that person’s will or without that person’s consent;
3. Any insertion of one’s genitals into another’s mouth, anus, or vagina against that person’s will or without that person’s consent;
4. Any attempt to make or the making of physical contact with another for the purpose of sexual gratification, against that person’s will or without that person’s consent; or
5. The use of physical force, coercion, intentional impairment, or threat of harm to commit any of these acts.
M. Coercion: Occurs when a sexual initiator engages in sexually pressuring or oppressive behavior that causes the behavior’s target to engage in unwanted sexual behavior.
N. Domestic violence: An act of violence committed against an individual,
1. By a current or former spouse or intimate partner of that individual;
2. By a person with whom the alleged victim shares a child in common;
3. By a person who is cohabitating with or has cohabitated with the alleged victim as a spouse or intimate partner;
4. By a person similarly situated to a spouse under the domestic or family violence law of the jurisdiction in which the act of violence allegedly occurred; or
5. By any other person against the alleged victim, if the relationship is such that the alleged victim is protected from that person’s acts under Pennsylvania law regarding domestic or family violence.
O. Dating violence: An act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. Whether such a relationship existed must be determined by taking into consideration the relationship’s length, type, and frequency of interaction between the persons involved in the relationship.
P. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
1. Fear for his or her safety or the safety of others; or
2. Suffer substantial emotional distress.
Examples of conduct qualifying as stalking include the following:
(a) Following a person without proper authority, under circumstances that a reasonable person would believe demonstrate an intention to cause physical harm or emotional distress to the person being followed; and
(b) Repeatedly communicating with a person under circumstances that a reasonable recipient of such communications would believe demonstrate an intention to cause physical harm or emotional distress to the recipient of such communications.
Q. Retaliation: Intimidation, threats, coercion, or other materially adverse action against a person for the purpose of interfering with any right or privilege provided by this policy, or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing regarding sexual misconduct allegations.
R. Supportive measures: Non-disciplinary, non-punitive individualized services offered—as appropriate, and if reasonably available, and without fee or charge—to the complainant or respondent before or after the filing of a formal complainant or if no formal complaint has been filed. Such measures are designed to restore or preserve equal access to York College of Pennsylvania’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or to deter sexual harassment. “Supportive measures” may include the following:
- Counseling services;
- Changes to room assignments;
- Deadline extensions or other course-related adjustments;
- Modifications of work or class schedules;
- Campus escort services;
- Mutual restrictions on contact between the parties;
- Changes in working conditions;
- Leaves of absence;
- Increased security and monitoring of certain campus areas; and
- Other similar measures.
York College will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality does not impair the College’s ability to provide supportive measures. The Title IX Coordinator is responsible for coordinating effective implementation of supportive measures.
S. Title IX Coordinator: The College official responsible for coordinating implementation and compliance with this policy and Title IX. Currently, the College’s Title IX Coordinator is:
David Freedman, Esq.
441 Country Club Road
HUM 24
York, PA 17403
Email: titleix@ycp.edu
Office: 717.815.1440
T. Hearing: A formal hearing before the Sexual Conduct Hearing Board. Such a hearing must comply with Part X.C of this policy.
U. Sexual Conduct Hearing Board or the Hearing Board: The group of College officials selected, trained, and designated by the Dean of Student Development and Campus Life to hear and decide allegations that a student or employee has violated the College’s Sexual Misconduct Policy. Each Sexual Conduct Hearing Board panel will have three members. The Title IX Coordinator shall not serve as a member of the Sexual Conduct Hearing Board. The Sexual Conduct Hearing Board will decide whether an accused individual is responsible for violating this policy and, if so, what remedy to impose as a result. No person may serve on the Sexual Conduct Hearing Board if that person has a conflict of interest.
V. Sanction: Requirements imposed by the Sexual Conduct Hearing Board on a respondent found responsible for violations of the College’s Sexual Misconduct Policy. The scope of permissible sanctions is discussed at Part X.F of this policy.
W. Appeal Board: The group of College officials selected, trained, and designated by the Title IX Coordinator to hear and decide appeals from decisions made by the Sexual Conduct Hearing Board. Each Appeal Board will have three members. The Title IX Coordinator shall not serve as a member of the Appeal Board. No member of the Sexual Conduct Hearing Board may serve as a member of the Appeal Board for that matter. No person may serve on an Appeal Board if that person has a conflict of interest.
X. Preponderance of the evidence: Evidence demonstrating that it is more likely than not that a violation of the Sexual Misconduct Policy has occurred. The College will apply the preponderance of the evidence standard when evaluating whether a violation of the Sexual Misconduct Policy has occurred.
Y. Advisor: A person who assists a student or employee who is a party to an investigation or hearing regarding allegations that the Sexual Misconduct Policy has been violated. Both the complainant and the respondent are entitled to be accompanied and assisted by an advisor during any investigation or hearing regarding allegations that the Sexual Misconduct Policy has been violated. If the complainant or respondent does not have an advisor to assist during a hearing, the College will provide an advisor, free of charge. A party needing the College to provide an advisor to assist the party during the live hearing must notify the Title IX Coordinator within three days of the release of the directly-related evidence.[5] Subject to the restrictions listed in this section below, the advisor may be anyone who the party believes will help him/her during the investigation, hearing, and appeal of allegations that the Sexual Misconduct Policy has been violated. The complainant and the respondent must notify the Title IX Coordinator of the name, phone number, and email address of their selected advisor and, if applicable, must agree to permit disclosure of the party’s FERPA-protected information[6] for the purposes of this policy. Parties may select an attorney as an advisor. The selected advisor must agree to rules of decorum established by the Title IX Coordinator and must comply with any such rules. The Title IX Coordinator may prohibit an advisor from participating in any aspect of the grievance process under this policy if the advisor fails or has failed to comply with the rules of decorum, as judged by the Title IX Coordinator. Likewise, the Title IX Coordinator may impose additional requirements on the participation of an advisor whom the Title IX Coordinator determines has violated the Rules of Decorum, provided such requirements are designed to ensure compliance with the Rules of Decorum during a live hearing. But only the Hearing Officer has the authority to order removal of an advisor during the course of a live hearing.
1. The following individuals may not serve as an advisor:
(a) The Title IX Coordinator;
(b) Any investigator who has assisted the College in investigating the formal complaint at issue;
(c) Legal counsel for the College or any party;
(d) Any witness who provides information during the grievance process;
(e) The Support Person for any party;
(f) Any advisor to any other party at the hearing; and
(g) Any other individual who the Hearing Officer determines has a conflict of interest.
Z. Consent: A knowing and voluntary agreement to engage in specific sexual activity at the time of the activity. To be valid, consent must be knowing, voluntary, active, present, and ongoing. Consent must also be clear and unambiguous, expressed in mutually understandable words or actions. Individuals should keep the following principles in mind:
- Consent may be expressed verbally or nonverbally.
- Consent may be withdrawn at any time.
- An individual may consent to certain sexual activities, but not others.
- The College will consider all of the circumstances of the relationship between the parties when determining whether consent has occurred. But the fact that an individual has previously engaged in consensual sexual activities does not mean that all future sexual activities qualify as consensual.
- A person who is in incapacitated is unable to consent to sexual activity.
AA. Incapacity, incapacitated, and incapacitation: Refer to a person who is unable to consent to sexual activity. Individuals are unable to consent to sexual activities if they are mentally incapacitated, cognitively limited, unconscious, or incapacitated due to the use of alcohol or other drugs. Likewise, an individual may be incapacitated due to the person’s age. For example, individuals who are under the age of 14 are unable to consent to sexual activity under any circumstances. Similarly, individuals who are ages 14 and 15 are unable to consent to sexual activities with individuals who are at least four years older than they are. When alcohol is involved, incapacitation is a state beyond drunkenness or mere intoxication. When drug use is involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug. Alcohol and other drugs affect each individual differently. Determining whether an individual is incapacitated requires an individualized determination. When determining whether a person has the capacity to provide consent, York College of Pennsylvania will consider whether a sober and reasonable person in the same circumstances would have known that the other party could or could not consent to sexual activity.
BB. Responsible College Employee: The Title IX Coordinator, the College President, the Provost, the Chief Financial Officer, Vice President of Enrollment Management, the Vice President of Campus Operations, the Vice President of Development, the Chief Communications and Marketing Officer, the Chief Information Officer, the Dean of Student Development and Campus Life, the Associate Provost of Student Success, any dean of any academic school at the College,[7] the Assistant Dean of Athletics and Recreation, the Director of Residence Life, the Director of Human Resources, the Director of Campus Safety, the Campus Safety Sergeant, the Campus Safety Lieutenant, Campus Safety Police Officers, the Campus Safety Office Manager, the Dispatcher Supervisor, and Dispatchers.
CC. Support Person: A “Support Person” is someone other than an advisor whose presence provides support to a party throughout the Title IX process. Complainants and Respondents are entitled to be accompanied by one Support Person of their choosing in meetings and proceedings related to the investigation and grievance process, including hearings. By way of examples, this Support Person can be a family member, a friend, a faculty member, a staff member, or an attorney. A Support Person may,
1. Provide emotional support and reassurance throughout the grievance process;
2. Observe meetings, assist with clarifying the process, and take notes;
3. Quietly prompt or advise a party, including requesting a break when needed; and
4. Understand and maintain the privacy of the parties and witnesses as much as possible.
A Support Person, however, may not,
1. Make a presentation on behalf of a party or otherwise represent a party’s interests during the grievance process, including by questioning witnesses;
2. Speak for a party or answer questions on a party’s behalf;
3. Advocate for a party or a party’s interests; or
4. Obstruct or distract from the grievance process.
The following individuals may not serve as a Support Person:
- The Title IX coordinator;
- Any investigator who has assisted the College in investigating the formal complaint at issue; and
- Any other individual who the Hearing Officer determines has a conflict of interest.
III. Prohibited Conduct
A. The College prohibits any individual from engaging in sexual misconduct, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking.
B. The College prohibits any individual from retaliating against any individual for making a report, filing a formal complaint, testifying, assisting, participating, or refusing to participate in any manner in an investigation, proceeding, or hearing regarding allegations of sexual misconduct.
1. Prohibited retaliation may include threatening to or actually filing charges against an individual alleging non-sexual misconduct violations that arise out of the same facts or circumstances as a report or complaint of alleged sexual misconduct, if such actions are undertaken to punish a person for exercising his/her rights under this policy or Title IX.
2. Nothing in this policy prohibits the College from taking disciplinary action against any individual for a materially false statement made in bad faith in a formal complaint or during an investigation, hearing, or appeal concerning allegations of violations of this policy.
(a) A determination of responsibility or non-responsibility alone, however, is not sufficient to conclude that a party made a false statement in bad faith.
3. Allegations of violation of Part III.B are subject to the same grievance procedure as allegations of sexual misconduct under this policy.
4. The exercise of rights protected under the First Amendment to the United States Constitution does not constitute prohibited retaliation under Part III.B of this policy.
C. Any party to an informal resolution process under this policy must comply with the terms of any written agreement entered into by the parties during the informal resolution process.[8] A party’s violation of such an agreement constitutes a violation of the College’s Sexual Misconduct Policy and Grievance Procedure and potentially other College policies.
IV. Scope of Sexual Misconduct Policy’s Application
A. This policy’s prohibitions apply to conduct that occurs in the College’s educational programs or activities. To occur “in the College’s educational programs or activities,” the conduct must satisfy one of the following criteria:
1. The conduct occurred on campus or on other property owned, controlled, used, or managed by the College;
2. The conduct occurred in any building owned or controlled by a student organization that is officially recognized by the College; or
3. The conduct occurred in any other location, event, or circumstance over which the College exercised substantial control over both the respondent and the context in which the conduct is alleged to have occurred.
B. Conduct that occurs off-campus or online is covered under this policy if the conduct meets the definition of Part IV.A.3 of this policy.
C. This policy’s prohibitions of sexual misconduct and retaliation apply only if the person alleged to be the victim of such conduct was located within the United States when the alleged conduct occurred.
D. If the conduct in question occurred in the College’s educational program or activities, this policy’s prohibition of sexual misconduct applies regardless of whether the conduct in question is directed at a member of the College community or someone outside the College community, such as a visitor, guest, vendor, or contractor.
E. Nothing in this policy prevents the College from taking disciplinary action against an individual under other College policies, provided that the conduct—if proven—would fall outside the scope of prohibited conduct under this policy.
V. Presumption of Non-Responsibility
A person accused of violating the Sexual Misconduct Policy is presumed to be not responsible for violating the policy, unless and until the person is found responsible through the grievance process described in Part X of this policy. The mere fact that an allegation has been made or that a formal complaint has been filed will not result in any presumption that the accused is responsible for the alleged violations. The determination regarding responsibility is made at the completion of the grievance process.
VI. Reporting Allegations
A. Any individual may make a good faith report alleging violation of the College’s Sexual Misconduct Policy.
1. That report may be provided to any “Responsible College Employee.”[9]
2. York College encourages all members of the College community to always lean on the side of safety when deciding whether to seek emergency help. Accordingly, a student who seeks emergency medical intervention for that student or another student will not be subject to disciplinary action based solely on the consumption of alcohol or drugs. Similarly, a student who wishes to report sexual misconduct will not be subject to discipline if the report of sexual misconduct also involves disclosing that the reporting student or the alleged victim has consumed alcohol or drugs in violation of the rules in the Student Code of Conduct or other College policies.
(a) To be eligible for this amnesty, a reporting student must remain with the person in need of medical attention until the Department of Campus Safety or emergency personnel arrive to provide emergency treatment.
(b) The student may be required to participate in a non-disciplinary, follow-up meeting with a Student Conduct Administrator as a condition for receiving amnesty from disciplinary action.
(c) Nothing in Part VI.A.2 of this policy entitles a student to amnesty from discipline for any of the following conduct:
(i) The sale or distribution of a controlled substance;
(ii) Using drugs or alcohol to incapacitate a person for the purpose of engaging in non-consensual sexual activity;
(iii) Operating a vehicle while under the influence of a drug or while intoxicated;
(iv) Manufacturing any type of drugs on or off campus;
(v) Violating the College’s prohibitions regarding weapons, explosives, and other prohibited items;
(vi) Physical assault;
(vii) Violation of the College’s sexual misconduct policy;
(viii) Bomb threats; or
(ix) Engaging in deception or dishonesty.
B. Any Responsible College Employee who receives an allegation of violation of Part III of this policy must directly communicate the substance of that report to the Title IX Coordinator as soon as practicable.
1. As a matter of College policy, all College employees—except those named in Part VI.B.1.(a) below—are responsible for reporting to the Title IX Coordinator any allegations that they receive suggesting that a violation of the Sexual Misconduct policy has occurred. All College employees have that responsibility, even if a College employee’s position does not fall within the definition of a “responsible College employee” under this policy. Failure to do so could result in disciplinary action, including termination of employment in appropriate circumstances.
(a) College employees in the following departments may not report allegations of violation of the Sexual Misconduct Policy, unless the alleged victim or respondent permits them to do so, or unless otherwise required by law:
(i) Health Services;
(ii) Counseling Services; and
(iii) Spiritual Life.
C. Upon receipt of an allegation of violation of the prohibition against sexual misconduct, either the Title IX Coordinator or the complainant may sign a formal complaint requesting an investigation.
1. To file a formal complaint, the complainant must provide the Title IX Coordinator with a document that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint and wishes for an investigation to be conducted.
2. A complainant may file a formal complaint with the Title IX Coordinator in person, by mail, or by email.
D. Regardless of whether a formal complaint is filed, the Title IX Coordinator must contact the complainant for the following purposes:
1. To discuss the availability of supportive measures;
2. To consider the alleged victim’s wishes regarding supportive measures;
3. To inform the alleged victim that supportive measures are available regardless of whether a formal complaint is filed; and
4. To explain to the alleged victim the process for filing a formal complaint.
VII. Supportive Measures
A. Upon receipt of a report of an alleged violation of the Sexual Misconduct Policy, the Title IX Coordinator will offer appropriate supportive measures[10] to both the complainant and the respondent, without fee or charge to the party.
B. If the Title IX Coordinator determines that a requested supportive measure is inappropriate, the Title IX Coordinator must document the reasons for denying the requested accommodation.
C. Upon a finding of responsibility, the remedies and sanctions in the written determination will normally replace supportive measures that have been provided.
D. Supportive measures may be continued even after a dismissal of a formal complaint or a finding of non-responsibility. A party may request continued supportive measure by submitting a written request to the Title IX Coordinator.
VIII. Emergency Removals and Administrative Leave
A. At any time following receipt of information suggesting that a violation of the prohibition against sexual misconduct may have occurred, the Title IX Coordinator, in consultation with the Campus Safety Director or her/his designee, may remove a respondent—entirely or partially—from the College’s education programs and activities on an emergency basis, provided that the Title IX Coordinator,
1. Has undertaken an individualized safety and risk analysis regarding the respondent,
2. Has determined that the emergency removal is justified based on an immediate threat to the physical health or safety of any member of the College community arising from the allegations of sexual misconduct, and
3. Provides the subject of the emergency removal with notice of the emergency removal decision and an opportunity to lodge an immediate challenge of the removal decision.
(a) The respondent must provide the Title IX Coordinator with written notice of such a challenge. The respondent bears the burden of demonstrating that the emergency removal decision was incorrect.
(b) The College’s Vice President of Finance and Campus Operations will decide any challenges of removal orders filed by non-student employees of the College. The College’s Dean of Student Development and Campus Life will decide all other challenges of removal orders.
B. After the filing of a formal complaint, the College may place a non-student employee respondent on administrative leave (with or without pay) during the pendency of an investigation, hearing, or appeal process under this policy.
C. Any emergency removal or administrative leave decisions may be amended or removed during the pendency of the grievance procedure described in Part X. Any emergency removal or administrative leave decision will expire upon the conclusion of the grievance procedure.
D. Nothing in Part VIII of this policy restricts the College’s rights under either Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973.
E. Nothing in this policy restricts the College’s ability to implement or continue an emergency removal or administrative leave order (even after conclusion of the grievance process), if the reason the respondent poses an immediate threat is unrelated to the allegations of sexual misconduct.
IX. Informal Resolution Process
A. The College will make available an informal resolution process for sexual misconduct formal complaints. That process will not involve a full investigation and adjudication. The process will only be utilized in accordance with the following restrictions:
1. The complainant and respondent must provide voluntary, written consent to the informal process; and
2. The parties must receive written notification disclosing the following:
(a) The allegations;
(b) The requirements of the informal resolution process, including any circumstances under which a party would be precluded from resuming a formal complaint arising from the same allegations;
(c) That at any point before agreeing to a resolution, either party may withdraw from the informal process and resume the grievance process; and
(d) That documentation of any resolution agreed upon by the parties will be maintained in the College’s records for at least seven years and could become part of the parties’ permanent education or employment records.
3. If the parties come to an agreement during the informal resolution process and reduce that agreement to a writing signed by the parties, then the parties must comply with the terms of any such written agreement. Violation of the terms of any such agreement constitutes a violation of the Sexual Misconduct Policy.[11]
B. The informal resolution process may not be utilized for situations involving allegations that a College employee engaged in sexual misconduct toward a student.
C. To utilize the informal resolution process, both parties must provide the Title IX Coordinator with their written consent to participate no later than 15 days after receipt of the written notice of formal complaint mentioned in Part X.A.3.
D. Unless terminated by either party earlier, the informal resolution process must be completed within 21 days after the Title IX Coordinator receives written consent from both complainant and respondent to participate in the informal resolution process.
E. The College will not condition employment, enrollment, or any other right on the waiver of an adjudication under this policy.
X. Grievance Procedure
A. Investigations
1. If the complainant files a formal complaint, the Title IX Coordinator will ensure that an appropriate investigation of those allegations occurs.
2. The Title IX Coordinator must sign a formal complaint and order an investigation even in the absence of a formal complaint signed by a complainant, if the Title IX Coordinator is in possession of information suggesting that a violation of the College’s prohibition against sexual misconduct may have occurred.
3. Upon the receipt of a signed formal complaint—or upon the Title IX Coordinator’s decision to sign a formal complaint— the Title IX Coordinator must issue a written notice to the parties who are known at that time. That notice must contain the following:
(a) A statement notifying the parties that an investigation of violation of the College’s Sexual Misconduct Policy has been initiated;
(b) A copy of the College’s Sexual Misconduct Policy and Grievance Procedure;
(c) A statement of the alleged conduct potentially constituting sexual misconduct with sufficient details including the following, if known at the time:
(i) The identities of the parties allegedly involved; and
(ii) The date and location of the alleged incident(s);
(d) A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
(e) A statement that the parties may utilize the services of an advisor of their choice, who may be—but is not required to be—an attorney;
(f) A statement that the party will be permitted to inspect and review any evidence gathered during the investigation that directly relates to the incident that is the subject of the investigation; and
(g) A statement that the College’s Code of Conduct prohibits any person from knowingly making a false statement or knowingly submitting false information during the investigation and grievance process.
4. During the investigation, both the complainant and the respondent will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory or exculpatory evidence. “Inculpatory evidence” is evidence that tends to suggest that the respondent is responsible for the alleged sexual misconduct. “Exculpatory evidence” is evidence that tends to suggest that the respondent is not responsible for the alleged sexual misconduct.
5. The College may not restrict the ability of either the complainant or the respondent to discuss the allegations under investigation or to gather and present evidence.
6. The Title IX Coordinator will provide a party whose participation is invited or expected with written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings.
(a) Such notice will be provided sufficiently in advance of such events to provide the party with sufficient time to prepare.
7. The Title IX Coordinator will provide the parties and their advisors with all evidence gathered during the investigation that directly relates to the allegations in the formal complaint, including the evidence that the College does not intend to rely upon in reaching a determination regarding responsibility and regardless of whether the evidence was obtained from a party or other source.
(a) Some evidence gathered during an investigation might contain information normally protected from disclosure under FERPA or which is otherwise confidential. The College, therefore, will require that the parties and their advisors must sign a non-disclosure agreement as a condition for reviewing and accessing the evidence gathered during the investigation.
(b) The evidence gathered will be provided in either hard copy or electronic format.
8. If, during the course of an investigation, the Title IX Coordinator decides to investigate allegations about the complainant or the respondent that were not included in the original notice to the parties, then the Title IX Coordinator must provide notice of the additional allegations to the parties whose identities are known at that time.
9. The Title IX Coordinator, or her/his designee, is responsible for gathering evidence sufficient to reach a determination regarding responsibility. The parties are not responsible for gathering evidence.
10. Upon receipt of the directly related evidence, the parties will have ten days to submit to the Title IX Coordinator a written response, which the Title IX Coordinator will consider before completing the investigative report.
11. The Title IX Coordinator will create an investigative report that fairly summarizes the relevant evidence gathered during the investigation.
(a) The investigative report will be provided to the complainant and respondent at least ten days before any hearing occurs before the Sexual Conduct Hearing Board regarding the allegations addressed in the investigative report.
(b) No information regarding the complainant’s sexual predisposition or prior sexual behavior will be included in the final written report unless,
(i) Such evidence addresses the issue of whether someone other than the respondent committed the conduct alleged by the complainant, or
(ii) Such evidence concerns specific incidents of the complainant’s prior sexual behavior with respect to the respondent and addresses whether respondent had consent to engage in the alleged conduct.
B. Dismissal Decisions
1. The Title IX Coordinator must dismiss the formal complaint if the Title IX Coordinator determines any of the following situations apply:
(a) The alleged conduct, even if proved, would not satisfy the definition of “sexual misconduct” or “retaliation” in this policy;[12]
(b) The alleged conduct did not occur in the College’s education programs or activities;[13] or
(c) The alleged conduct did not harm a person located in the United States when the alleged conduct occurred.
2. The Title IX Coordinator may, but is not required to, dismiss a formal complaint at any time during the investigation or hearing process, under the following circumstances:
(a) The complainant withdraws the formal complaint in a writing that also expresses the complainant’s desire to conclude the grievance process;
(b) The respondent is no longer enrolled as a student or employed by the College; or
(c) The Title IX Coordinator determines that specific circumstances prevent the College from gathering or presenting sufficient evidence to reach a determination regarding the allegations in the formal complaint.
3. Any party may file an appeal of the Title IX Coordinator’s decision to dismiss a formal complaint.
(a) Any such appeal must be filed, in writing, with the Title IX Coordinator within three days of the issuance of the Title IX Coordinator’s decision.
(i) The appeal may contain a written statement explaining the reasons why the appealing party believes the Title IX Coordinator’s decision should be reversed.
(b) The Title IX Coordinator must notify all other parties of any appeal filed challenging the Title IX Coordinator’s decision to proceed with a formal hearing or dismiss the formal complaint.
(i) All other parties may file a written statement supporting or opposing such an appeal.
(A) That written statement must be provided to the Title IX Coordinator and all other parties no later than three days of receipt of the appeal from the Title IX Coordinator.
(c) The basis for the appeal are the same as those listed in Part X.G.1.(a)-(c).
(d) If the respondent is a non-student employee, the College’s Vice President of Finance and Campus Operations will decide the appeal of the Title IX Coordinator’s decision. The Dean of Student Development and Campus Life will decide all other appeals of the Title IX Coordinator’s decision.
(e) The decision regarding such an appeal must be in writing and must describe the rationale for the result.
(f) The Title IX Coordinator will provide all parties with simultaneous notice of this appeal’s outcome.
4. Even if a formal complaint is dismissed in accordance with Part X.B.1 of this policy, the College may pursue discipline against the respondent for violations of other College policies arising out of the same event.
C. Hearings
1. Hearing Roles
(a) The Sexual Conduct Hearing Board will decide formal complaints containing allegations of sexual misconduct and retaliation, unless such complaints are dismissed in accordance with Part X.B of this policy. The Sexual Conduct Hearing Board will first conduct a live hearing before deciding the formal complaint.
(i) The Hearing Board will decide both whether the respondent is responsible or not responsible for the alleged violation of the Sexual Misconduct Policy and, if responsible, what remedies or sanctions will be required.
(A) These matters must be decided by a majority vote of the Hearing Board’s voting members.
(ii) Hearing Board members are permitted to question witnesses in the manner that the Hearing Officer deems appropriate, provided that the Hearing Officer determines that such questions concern relevant matters.
(A) If a witness or party refuses to answer a question posed by a Hearing Board member (and not prohibited by the Hearing Officer), any party to the hearing may submit a prior statement from that witness or party that addresses the topic of the question that the witness refused to answer.
(B) If a complainant or respondent refuses to answer a question posed by a Hearing Board member (and not prohibited by the Hearing Officer), the Hearing Board may—but is not required to—determine that the answer to the question would be adverse to the refusing party’s position in the matter.
1) The Hearing Board, however, may not find the respondent responsible or not responsible based solely on a witness’s refusal to answer a question.
(b) A Hearing Officer will preside over hearings regarding alleged violations of the Sexual Misconduct Policy. The Hearing Officer will decide procedural questions and any challenges to evidence and testimony. The Hearing Officer must exclude evidence that is irrelevant, duplicative, or is otherwise prohibited from consideration under this policy. The Hearing Officer may participate in the Sexual Conduct Hearing Board’s deliberations as a non-voting member of that board.
(c) The complainant, the respondent, and a representative of the College will be permitted to attend the entire hearing before the Hearing Board, other than Hearing Board deliberations. Only the Hearing Board members and the Hearing Officer may participate in those deliberations.
(d) Advisors
(i) The complainant, the respondent, and the College are permitted to utilize an advisor during the hearing, subject to the following restrictions:
(A) A party’s advisor must agree to comply with the Rules of Decorum for Sexual Misconduct Hearings.[14] No party’s advisor may participate in the hearing unless she/he signs an agreement indicating willingness to abide by the Rules of Decorum.
(B) The person selected as a party’s advisor must sign a non-disclosure agreement, provided by the College, to participate as an advisor at the hearing.
(C) The College or the Hearing Officer may impose other restrictions related to an advisor’s participation in a hearing to comply with privacy considerations under the Family Educational Rights & Privacy Act (“FERPA”), provided those restrictions apply equally to the complainant’s and the respondent’s advisors.
(ii) The party’s advisor will be permitted to attend the entire hearing before the Sexual Conduct Hearing Board, other than Board deliberations, if the advisor complies with the Rules of Decorum. The Hearing Officer may exclude from the hearing an advisor who fails to comply with the Rules of Decorum.
(iii) The Title IX Coordinator may not serve as an advisor for the complainant or the respondent.
(iv) Unless the College receives advanced notice that a party intends to retain her/his own advisor, the College will assign an advisor to assist the party during the hearing.
(A) Such advisor will be provided to the party at no charge to the party.
(B) Any advisor provided by the College will be trained in accordance with the requirements in Part XII.B of this policy.
(v) If a party opts to use their own advisor, then that party must notify the Title IX Coordinator of their chosen advisor at least 14 days before the scheduled pre-hearing conference. Thereafter, a substitution of advisors will only be permitted upon a showing of good cause and lack of unfair prejudice to the other party.
(A) If a party fails to notify the Title IX Coordinator of the party’s chosen advisor within the deadline stated above,[15] then the College will appoint an advisor to cross examine any witnesses at the live hearing.
(B) If a complainant or respondent fails to provide the notice required by X.C.v, the Hearing Officer must, upon request of the Title IX Coordinator, permit the re-scheduling of the hearing to allow the College to retain an attorney to represent its interests during the hearing.
(e) Support Persons
(i) The complainant and the respondent are permitted to utilize the assistance of a Support Person during the hearing, subject to the following restrictions:
(A) Any Support Person must agree to comply with the Rules of Decorum for Sexual Misconduct Hearings. No Support Person may attend the hearing unless he/she signs an agreement indicating willingness to abide by the Rules of Decorum.
(B) The person selected as the Support Person must also sign a non-disclosure agreement, provided by the College, to attend the hearing.
(C) The College or the Hearing Officer may impose other restrictions related to a Support Person’s participation in a hearing to comply with privacy considerations under the Family Educational Rights and Privacy Act (“FERPA”), provided that any such restrictions apply equally to the complainant’s and respondent’s Support Persons.
(ii) The Support Person will be permitted to attend the entire hearing before the Sexual Conduct Hearing Board, other than Board deliberations, if the Support Person complies with the Rules of Decorum, the non-disclosure agreement, the limitations in this policy, and any other conditions imposed on the Support Person by the College or the Hearing Officer. The Hearing Officer may exclude from the hearing any Support Person who fails to comply with the Rules of Decorum, the non-disclosure agreement, or any other conditions imposed on the Support Person by the College or the Hearing Officer, or the restrictions in this policy.
(f) The Title IX Coordinator
(i) The Title IX Coordinator represents the College during the live hearing. This may involve—among other things—questioning witnesses, ensuring that the Hearing Board understands the relevant policies and the standard of proof, making and responding to objections regarding the evidence, and providing guidance to the Hearing Officer regarding the Sexual Misconduct Policy and Grievance Procedure.
(A) The Title IX Coordinator may utilize the services of a deputy or the College’s legal counsel to fulfill this role.
2. The Title IX Coordinator, in her/his discretion, is permitted to require that allegations of sexual misconduct or retaliation against multiple respondents are presented in a single hearing before the Sexual Conduct Board, if the Title IX Coordinator determines that the allegations against the respondents arise from the same incident.
(i) The Title IX Coordinator’s decision to consolidate or not consolidate allegations against multiple respondents is not subject to appeal before the hearing. A party, however, may challenge such a decision through the appeal process provided in Part X.G of this policy, which occurs after the Hearing Board issues its decision.
3. The College will create an audio or audiovisual recording or written transcript of all hearings under this policy.
(a) By participating in the hearing, all parties consent to the recording of their voices and image.
(b) The College will retain the recording or transcript for a period of at least seven years following the hearing.
4. Witnesses
(a) All parties will have equal opportunity to present fact and expert witnesses during the hearing.
(i) A complainant or respondent wishing to present a fact witness during the hearing must provide all other parties and the Title IX Coordinator with the identity and contact information of all fact witnesses that the party wishes to address the Hearing Board. That notice must be provided at least five days before the scheduled pre-hearing conference.
(ii) Any party wishing to present expert witness testimony must provide all other parties and the Title IX Coordinator with notice of that intention.
(A) That notice must be provided to all other parties and the Title IX Coordinator no later than five days before the scheduled date of the pre-hearing conference.
(B) That notice must include,
1) The name, telephone number, and email address of such expert witness,
2) The curriculum vitae or resume of such expert witness (including a statement of the witness’s qualifications and all publications authored during the previous ten years),
3) A statement of the compensation (if any) that the expert witness is receiving related to her/his testimony, and
4) A complete statement of all opinions that the expert witness intends to offer during the hearing, the facts and data that the expert witness considered in forming those opinions, and any exhibits that the expert witness intends to use as part of her/his testimony.
(C) The Hearing Officer will exclude the testimony of any expert witness if the required disclosures have not been provided in accordance with Part X.C.4.(a).(i) and (ii) of this policy, unless the Hearing Officer determines that,
1) The party had good cause for failing to provide the required disclosures, and
2) The other parties to the hearing will not be unfairly prejudiced due to the failure of the party to comply with the expert disclosure requirements.
(b) The Hearing Officer may require a party to provide an explanation regarding the expected statement of any witness before that witness is permitted to address the Hearing Board.
(i) The Hearing Officer will exclude any witness from addressing the Hearing Board or limit the scope of that witness’s statement if the Hearing Officer determines that the proposed statement (or any portion of the proposed statement) is irrelevant.
(ii) The Hearing Officer will not exclude any witness from testifying regarding a matter relevant to the issue under consideration. But if the probative value of the witness’s proposed testimony would be outweighed by the dangers of unfair prejudice, confusion of the issues, or misleading the Hearing Board, the Hearing Officer may take any or all of the following actions:
(A) Instruct the Hearing Board to consider the evidence only for its relevant purpose;
(B) Instruct the Hearing Board to evaluate objectively whether that evidence warrants a high-level or low-level of weight or credibility;
(C) Require the introduction of evidence sufficient to establish the relevant purpose of the witness’s statement; and
(D) Place reasonable limits on the timing of the presentation of the witness’s statement to ensure that it is considered only for a relevant purpose.
1) For example, a witness’s statement that is relevant only to the issue of what remedy should be imposed should not be presented to the Hearing Board unless and until the Hearing Board finds that the respondent is responsible for the allegations.
(iii) The Hearing Officer must instruct a witness not to answer a question if the Hearing Officer determines that the question is irrelevant or would violate the Rape Shield rules.[16]
(iv) The Hearing Officer may exclude testimony that would involve the needless presentation of cumulative evidence.
(c) Witnesses who address the Hearing Board at the hearing are subject to direct and cross examination.
(i) No party, however, may cross examine any witness. Instead, any cross examination of a witness must be conducted by that party’s advisor, never the party herself/himself.
(ii) Each party’s advisor will have the right to conduct appropriate direct examination and cross examination of any witness who addresses the Hearing Board.
(A) The party’s advisor will be permitted to conduct such examinations (and any necessary follow up questions) orally and in real time.
(B) Only questions regarding relevant topics are appropriate for cross examination.
(C) Appropriate cross examination includes questions challenging a party’s or witness’s credibility.
(D) Cross examination that is harassing, intimidating, or abusive is prohibited. The Hearing Officer is empowered to make determinations regarding whether cross examination is harassing, intimidating, or abusive.
(d) Witnesses must provide honest statements to the Hearing Board. Any witness who knowingly provides a false statement to the Hearing Board is subject to discipline by the College.
5. Evidentiary Rules
(a) Standard of Proof: The Preponderance of Evidence
In all hearings related to allegations of violation of the Sexual Misconduct Policy, the Sexual Conduct Hearing Board will apply a preponderance of the evidence standard. That means that a respondent will not be found responsible for violating the Sexual Misconduct Policy unless the College demonstrates that it is more likely than not that the respondent violated the Sexual Misconduct Policy.
(b) Burden of Proof
The College bears the burden of demonstrating that the respondent is responsible for violating the Sexual Misconduct Policy. The respondent is not required to prove non-responsibility, and the complainant is not responsible for proving responsibility. The College must demonstrate that the respondent is responsible in order to impose sanctions for violation of the Sexual Misconduct Policy.
(c) Only relevant evidence may be presented to the Hearing Board.
(i) Evidence is relevant if,
(A) The evidence has any tendency to make a fact more or less likely to have occurred than it would without the evidence; and
(B) That fact, if proven, would,
1) Make it more or less likely that the respondent is responsible for violating the Sexual Misconduct Policy, or
2) Demonstrate the appropriate remedy (if any) to be imposed for the alleged violation of the Sexual Misconduct Policy.
(C) Evidence or questions that are repetitive, duplicative, or unnecessarily cumulative are not relevant. The Hearing Officer may deem irrelevant questions or evidence that are duplicative, repetitive, or unnecessarily cumulative.
(ii) The Hearing Officer must exclude from the Hearing Board’s consideration any irrelevant evidence.
(iii) The Hearing Officer may not exclude evidence that is relevant to the issue under consideration. As a result, evidence of a party’s character or prior bad acts may not be excluded if that evidence is relevant. But if the probative value of any evidence is substantially outweighed by the dangers of unfair prejudice, confusion of the issues, or misleading the Hearing Board, the Hearing Officer may take any or all of the following actions:
(A) Instruct the Hearing Board to consider the evidence only for its relevant purpose;
(B) Instruct the Hearing Board to evaluate objectively whether that evidence warrants a high-level or low-level of weight or credibility;
(C) Require that the proponent of such evidence introduce evidence establishing the evidence’s relevant purpose; and
(D) Place reasonable limits on the timing of the presentation of evidence to ensure that it is considered only for a relevant purpose.
1) For example, evidence that is relevant only to the issue of what remedy should be imposed should not be presented to the Hearing Board unless and until the Hearing Board finds that the respondent is responsible for the allegations.
(d) In reaching a decision regarding responsibility, the Hearing Board may rely on any statement of a party or witness that is relevant, regardless of whether that party or witness submits to cross examination at the live hearing.
(i) The Hearing Board may take into account that a statement was made outside the live hearing in deciding what level of weight or credibility to assign that prior statement.
(ii) The Hearing Board, however, must not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross examination or other questions.
(e) Rape Shield Rules
(i) Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless,
(A) Such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
(B) Such questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
(f) The Hearing Board may not base credibility determinations solely upon a person’s status as a complainant, a respondent, or a witness.
(g) The Hearing Officer will not permit questions or evidence that contain or seek disclosure of information protected under a legally recognized privilege, unless the person holding that privilege has waived it.
6. The Hearing Officer is entitled to conduct a “pre-hearing conference” with the parties and their advisors. The purpose of such a conference is to discuss the evidence each party proposes to utilize during the hearing, identify any agreed-upon or disputed factual issues, and, to the extent permissible, address issues related to the evidence that will be presented during the hearing. To facilitate that, the Hearing Officer may request that the parties provide an outline of the evidence they intend to present during the hearing, which might include requiring a party to provide an outline of the subject matters regarding which the party intends to question or cross examine a party or witness.
(a) Parties should be prepared at the pre-hearing conference to raise any objections to the evidence contained in the Title IX Coordinator’s Investigative Report and to make an offer of proof regarding any additional evidence that the party intends to present during the live hearing.
(i) Any such objections must be directed to a specific evidentiary item or class of evidence. Blanket objections to all evidence or to broad categories of evidence will be rejected for lack of specificity.
7. Scope of the Live Hearing Evidence
(a) The parties are not permitted to present duplicative or unnecessarily cumulative evidence. Thus, the presentation of evidence at the live hearing will be limited to relevant evidence not already provided to the Hearing Board.
(i) The Hearing Officer may exclude from the live hearing evidence determined to be duplicative or unnecessarily cumulative.
(A) Members of the Hearing Board, however, may request to hear from a witness excluded by the Hearing Officer as duplicative or unnecessarily cumulative. The Hearing Board will be permitted to question such a witness, provided that the Hearing Officer determines that the Hearing Board’s questions of such witnesses are relevant.
D. Virtual Hearings
1. At the request of the complainant or the respondent, the College will conduct the hearing with the parties located in separate rooms.
2. Any technology that the College utilizes to conduct hearings in this manner must enable the Hearing Board, Hearing Officer, the parties and their advisors (if any) to simultaneously see and hear the party or witness answering questions.
E. Hearing Board’s Findings
1. The Hearing Board must issue a written decision regarding whether the respondent is responsible for the alleged violations of the Sexual Misconduct Policy. The written decision must include the following:
(a) A description of the allegations that could potentially constitute a violation of the Sexual Misconduct Policy;
(b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
(c) The Hearing Board’s factual findings supporting its determination;
(d) Conclusions regarding the application of the Hearing Board’s factual findings to the relevant definitions of “sexual misconduct” or “retaliation” in this policy; and
(e) A statement of, and rationale for, the result as to each allegation, including the following:
(i) A determination of responsibility or non-responsibility regarding each alleged violation of the Sexual Misconduct Policy;
(ii) Any disciplinary sanctions the Hearing Board decides to impose on the respondent and whether remedies designed to restore or preserve equal access to the College’s educational programs or activities will be provided to the complainant; and
(iii) The procedures and permissible bases for the complainant and respondent to appeal.
2. The Hearing Board’s decision must be issued within five days of conclusion of the hearing, unless extenuating circumstances require additional time and the Hearing Officer notifies the Title IX Coordinator, complainant, and respondent of the need for additional time.
3. The Title IX Coordinator will ensure that the written determination is provided to the parties simultaneously.
4. The determination regarding responsibility becomes final either on the date that the Title IX Coordinator provides the parties with the written determination of the result of the appeal, if an appeal has been filed, or—if an appeal is not filed—within three days after the Hearing Board’s written determination is provided to the parties.
F. Remedies and Sanctions
1. If a respondent is found responsible for any violation of the Sexual Misconduct Policy, any remedy or sanction imposed through the grievance process must be designed to restore or preserve the complainant’s equal access to the College’s education programs and activities. Any such remedy may include any of the supportive measures listed in Part II.R of this policy.
2. If the respondent is a student and is found responsible for violating the Sexual Misconduct Policy, the student may receive a sanction in the form of a written warning, loss of privileges, no-contact directive, mandatory training, mandated counseling, other educational sanctions, disciplinary probation, suspension, expulsion, restitution, or any combination of these.
3. If the respondent is a non-student employee and is found responsible for violating the Sexual Misconduct Policy, the respondent may receive a written reprimand, final written warning, change in work assignment, demotion, loss of privileges, no-contact directive, mandatory training, mandatory counseling, suspension (with or without pay), termination of employment, non-renewal of employment contract, restitution, or any combination of these. When the respondent is a tenured faculty member who is found responsible for a violation of this policy, the Hearing Board may not order termination of employment or non-renewal of an employment contract. The Hearing Board, however, may recommend termination of employment or non-renewal of a tenured faculty member’s employment contract. If the Hearing Board issues such a recommendation, the ultimate decision regarding whether to terminate employment or refrain from renewing the tenured faculty member’s employment contract will be made in accordance with the dismissal or grievance procedure in the Faculty Handbook.
4. The Hearing Board may take into account any previous violations of the Student Code of Conduct, the Sexual Misconduct Policy, or any other College policy or procedure when determining the appropriate remedy to impose.
5. If a respondent is found responsible for violation of this policy, the Title IX Coordinator will make a recommendation of the sanction, if any, to be imposed. That said, the Hearing Board determines the sanction to be imposed and may reject, accept, or alter the sanction recommended by the Title IX Coordinator.
6. The Title IX Coordinator is responsible for ensuring implementation of any remedies ordered.
(a) No punitive measures may be implemented against a respondent until a final determination has been made.[17]
G. Appeals of the Hearing Board’s Decisions
1. Any party may file an appeal of the Hearing Board’s decision on any or all of the following basis:
(a) Procedural irregularity that affected the outcome of the matter;
(b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and which could affect the outcome of the matter;
(c) The Title IX Coordinator, the investigator, or the members of the Sexual Conduct Hearing Board had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the matter’s outcome; and
(d) The Board’s remedies decision, if any, was inappropriate.
2. Any such appeal must be filed, in writing, with the Title IX Coordinator within three days of the issuance of the Hearing Board’s written decision.
3. The party appealing the Hearing Board’s decision may submit a written statement explaining the reasons why the appealing party is challenging the Hearing Board’s decision. That written statement must be provided to the Title IX Coordinator within seven days of the issuance of the Hearing Board’s written decision.
4. The Title IX Coordinator must notify all other parties of any appeal filed challenging a Hearing Board’s decision and must provide the other parties with the appealing party’s statement in support of appeal, if any.
(a) All other parties may file a written statement supporting or opposing the appeal or hearing outcome.
(i) That written statement must be provided to the Title IX Coordinator and all other parties no later than 10 days of receipt of the issuance of the Hearing Board’s written decision.
5. The Appeal Board will decide any appeal challenging a Hearing Board’s decision.
(a)The Appeal Board must issue a written decision explaining the rationale for the result.
(b) That written decision must be provided to the parties and the Title IX Coordinator within five days of expiration of the period in Part X.G.4.(a).(i) for submitting statements in support of, or opposition to, the appeal.
6. The Title IX Coordinator will simultaneously provide all parties with the written decision regarding the appeal.
XI. Confidentiality
A. Hearings before the Sexual Conduct Board will be conducted in private.
B. The College may not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity or assisting in that capacity, if the records are made and maintained in connection with the provision of treatment to the party.
1. If the party provides voluntary, written consent, then the College may access, consider, disclose, or otherwise use a party’s confidential treatment records during the grievance process.
C. If the Hearing Officer is not a College official, the Hearing Officer must follow the same confidentiality restrictions as College employees.
D. All College officials involved in any aspect of the grievance process (reporting allegations, filing of formal complaints, investigations of formal complaints, implementation of emergency removals or supportive measures, hearings, or appeals) are subject to the following confidentiality rules:
1. The identity of the following individuals must be kept confidential:
(a) Any individual who has made a report or complaint of sexual misconduct;
(b) Any alleged victim of sexual misconduct;
(c) Any individual who is alleged to be the perpetrator of sexual misconduct;
(d) Any respondent; and
(e) Any witness.
2. Notwithstanding these restrictions, the identities of the individuals mentioned in Part XI.D.1.(a)-(d) may be disclosed if,
(a) Such disclosure is permitted under FERPA,
(b) Such disclosure is required by law,
(c) Such disclosure is necessary to conduct any investigation, hearing, or appeal under this policy, or
(d) Such disclosure is necessary to implement a supportive measure,
(e) Such disclosure is necessary to implement an emergency removal or administrative leave as permitted by this policy, or
(f) Such disclosure is necessary to implement a remedy or sanction for violation of this policy.
XII. Miscellaneous
A. Conflicts of Interest
No person may serve as the Title IX Coordinator, an investigator, the Hearing Officer, a member of the Hearing Board or Appeal Board, or as a facilitator for the informal resolution process if that person has a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent in the particular matter.
B. Training
1. The College will ensure that the Title IX Coordinator and any investigator, Hearing Officer, Hearing Board or Appeal Board member, and facilitator of the informal process receive training on the following topics:
(a) The definition of sexual harassment in this policy, including the College’s definition of “consent”;
(b) The preponderance of the evidence standard;
(c) The presumption of non-responsibility;
(d) Confidentiality rules under this policy;
(e) The scope of the College’s education programs and activities;
(f) How an appropriate investigation is conducted;
(g) The College’s Sexual Misconduct Policy and Grievance Process, including the College’s processes regarding,
(i) Hearings,
(ii) Appeals, and
(iii) The informal resolution process
(h) The scope of potential remedies for violations of the Sexual Misconduct Policy;
(i) Available supportive measures; and
(j) How to serve impartially, including the importance of avoiding prejudgment of the facts, conflicts of interest, and bias.
2. The College will ensure that any Hearing Officer, the Title IX Coordinator, and the members of the Hearing Board and Appeal Board receive training regarding the following topics:
(a) Any technology used at a live hearing;
(b) Relevant questions and evidence; and
(c) The Rape Shield Rules.
3. The College will ensure that the Title IX Coordinator and any investigator receive training regarding how an appropriate investigation is conducted and responsibilities associated with the creation of an investigative report that fairly summarizes the relevant evidence.
4. No training provided in accordance with Part XII.B of this policy will rely on sex stereotypes.
5. All training provided in accordance with Part XII.B of this policy must promote impartial investigations and adjudications of formal complaints.
C. Record Keeping
1. The College must maintain the following records for a period of seven years:
(a) Each allegation of violation of the Sexual Misconduct Policy, including any determination regarding responsibility, the recording or transcript of any hearings, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the College’s education programs and activities;
(b) Any appeals filed under this policy and the written decisions regarding those appeals;
(c) Any informal resolution process and the result of such informal resolution process;
(d) Documentation of any actions the College takes in response to a report or formal complaint of sexual misconduct or retaliation, which must include the following:
(i) Any supportive measures provided;
(ii) Measures that the College has taken to restore or preserve equal access to its education program or activity; and
(iii) The basis for the College’s determination that its response was not deliberately indifferent.
(e) If the College does not provide the complainant with supportive measures, the College must document the reasons why its response to the complaint or report was not clearly unreasonable in light of the known circumstances.
(f) All non-privileged materials used to train the Title IX Coordinator, investigators, members of the Sexual Conduct Hearing Board, the Appeal Board, and the Hearing Officer will be posted on the College’s website.
D. Singular/Plural
When required by the context, use of the singular in this policy also refers to the plural. Likewise, reference to the plural refers to the singular.
E. Deadlines for Completing Process
1. The initial notice to the parties[18] will be provided no later than three days after the formal complaint is filed.
2. The disclosure of the evidence gathered during the investigation[19] will be provided to the parties no later than 45 days after the formal complaint is filed.
3. The Title IX Coordinator’s investigative report[20] will be provided to the parties no later than 60 days after the formal complaint is filed.
4. The live hearing,[21] if any, will occur no later than 75 days after the formal complaint is filed.
5. The written decision of the Sexual Conduct Hearing Board[22] will be issued no later than 80 days after the formal complaint is filed.
6. The written decision regarding any appeal[23] will be issued within 100 days after the filing of the formal complaint.
7. The entire grievance process[24] will conclude within 100 days after the filing of the formal complaint.
8. Any time related to the informal resolution process[25] will not count toward any deadline in Part XII.E of this policy.
9. Weekends, holidays, and days when the College is closed do not count as “days” in the calculation of the deadlines in this policy.
10. If any deadline in this policy falls on a Saturday, Sunday, or recognized College holiday, or if the College is closed due to unforeseen circumstances, then the deadline for compliance will be the next business day that the College is open.
F. Extensions of Time
1. If feasible, the Title IX Coordinator will work with the Hearing Board members, the parties, their advisors, the Hearing Officer, and any witnesses to arrange for a mutually convenient time for conducting the hearing.
2. Extensions of time and requests to reschedule or delay hearings must be directed to the Title IX Coordinator. No such requests, however, will be granted absent a demonstration of good cause. The Title IX Coordinator is the sole person entitled to grant extensions of time or continuances of scheduled hearings. The Title Coordinator’s decision to grant or deny such an extension or continuance is not subject to appeal through the appeal process outlined in Part X.B of this policy.
(a) Good cause may include considerations such as,
(i) The absence of a party, the party’s advisor, or a witness,
(ii) Concurrent law enforcement activity,
(iii) The filing of an appeal of a dismissal decision,
(iv) The need for foreign language assistance, or
(v) Disability-related accommodations.
(b) A party’s decision to change advisors, standing alone, does not constitute good cause to justify an extension of a deadline or to permit a continuance.
G. Any individual involved in the Sexual Misconduct Policy’s grievance process must notify the Title IX Coordinator if that person is need of a disability-related accommodation during this process. The Title IX Coordinator will be responsible for determining what, if any, such accommodations are reasonable and for ensuring that reasonable accommodations are implemented. The Title IX Coordinator is permitted to consult with other College officials—including the College’s Office of Accessibility Services and the College’s Director of Human Resources—and the College’s legal counsel regarding disability-related accommodations during the grievance process.
H. Nothing in this policy is designed to inhibit any party’s rights under Title IX of the Educational Amendments Act, the Pennsylvania Human Relations Act, the Pennsylvania Fair Educational Opportunities Act, or any other similar federal, state, or local law. To the extent there is any conflict between these laws and this policy, those legal requirements prevail and must be adhered to.
[1] 20 U.S.C. § 1681 et seq.
[6] “FERPA” is the Family Educational and Privacy Act, 20 U.S.C. § 1232g.
[7] The following are the current academic schools at the College: the Center for Community Engagement; the School of the Arts, Communication and Global Studies; the Kinsley School of Engineering, Sciences and Technology; the School of Nursing and Health Professions; the School of Behavioral Sciences and Education; and the Graham School of Business.
[9] See definition at Part II.BB.
[10] See definition at Part II.R.
[11] See Part III.C above.
[12] See Part II.J above.
[13] See Part IV.A.1-3 above.
[14] See Rules of Decorum, attached as Exhibit A.
[15] See Part X.C.1.(d).(i).(D).(1).
[16] See Part X.C.5.(e) below.
[18] See Part X.A.3 above.
[19] See Part X.A.7 above.
[20] See Part X.A.11 above.
[21] See Part X.C.1.(a) above.
[22] See Part X.E.1 above.
[23] See Parts X.G.5.(a) above.
Article VI: Student Code of Conduct Proceedings for Student Organizations
- All student organizations participating in Student Conduct proceedings can expect honest communication, equitable application of all processes and procedures, and to be treated with respect as a member of the College community.
- Responding student organizations may expect the following:
- To be provided written notice of all charges prior to student conduct proceedings.
- To be provided an opportunity to review their conduct file, including any information that supports charges prior to student conduct proceedings. This request must be done in writing. The student may only review their conduct file, incident reports, and any other information that supports charges in the Office of Residence Life. The student may not remove any files, reports or documents from the office.
- An opportunity to contest all charges of alleged violations of the Student Code of Conduct in a hearing.
- An opportunity to request an appeal of outcomes determined through student conduct proceedings.
- Violations and Student Code of Conduct Hearing Assignment
The following procedures are established for the direction of all bodies conducting formalized hearings regarding student conduct matters:
- Student organizations are subject to the Student Code of Conduct.
- Any member of the College community may file a report alleging a student organization violated the Student Code of Conduct. Reports should be submitted as soon as possible. For cases involving a social fraternity or sorority, this case may be referred to the Office of Student Activities and Orientation. The Office of Student Conduct will be primarily responsible for all cases involving student organizations and will determine the appropriate hearing body.
- The Office of Student Conduct or Office of Student Activities and Orientation determines whether a report merits a formal or informal investigation. If a report does not warrant an investigation then the Student Conduct case will be closed. Such a determination will be final and there shall be no subsequent proceedings.
- The Office of Student Conduct or the Office of Student Activities and Orientation may confer with the student organization’s adviser or other faculty and staff with a relationship to the student organization to solicit advice and recommendations regarding the case.
- The Office of Student Conduct or the Office of Student Activities and Orientation determines whether an investigation identifies behavior that may risk violating the Student Code of Conduct. If behavior is identified that may violate policy, then the responding student organization will be charged with violating the Student Code of Conduct, otherwise the student conduct case will be closed.
- Student Organizations will receive formal written notice of charges that includes a list of all alleged violations of the Student Code of Conduct. The notification may include whether the initial report was submitted by an individual or an identified department. The written notice will also include the date, time, and location of the Student Conduct proceedings. Notice will be provided at least two business days, prior to the scheduled hearing.
- Student Code of Conduct Sanctioning
The following sanctions may be imposed upon student organizations or groups:
- Those sanctions listed in Article IV.
- Social Probation: This sanction requires loss of privilege to host social events on or off campus for a specified period of time. Social probation may include all events or can exclude specific types of social activities from occurring on or off campu
- Loss of selected rights and privileges: This includes use of the College’s name, use of College facilities and services, use of College or Student Senate Funds, participation in events, participation in on or off campus events/activities, and/or recruitment of members for a specified period of time.
- Deactivation: Deactivation includes loss of all privileges, including College recognition, for a specified period of time. When a student organization fails to fulfill the College’s expectations or violates the terms of previously imposed conduct probation, the Dean of Student Development and Campus Life in consultation with the Office of Student Conduct may decide to terminate the recognition of or deactivate the student organization. The Dean of Student Development and Campus Life may consult with the Office of Student Conduct or a Student Conduct Hearing Board on the question of a student organization, or the termination of the recognition of a student organization, if he or she chooses.
- Appeals
Appeals may be filed as outlined in Article IV to Office of Student Conduct.
Article VII: Interpretation and Revision
- Any question of interpretation or application of the Student Code of Conduct will be referred to the Office of Student Affairs, specifically the Dean of Student Development and Campus Life, or his or her designee for final interpretation.
- The Student Code of Conduct and all other related policies are typically reviewed annually under the direction of the Office of Student Affairs in collaboration with the Office of Student Conduct.
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