This document provides members of the York College of Pennsylvania community a summary of the York College of Pennsylvania Student Code of Conduct. This document does not replace the full Student Code of Conduct but serves as a supportive resource document. All students are encouraged and expected to read, understand, and follow the policies and procedures outlined in the Student Code of Conduct.
The Dean of Student Development and Campus Life, in conjunction with the Director of Residence Life and the Assistant Director of Residence Life, is the person designated by the College to be responsible for the administration of the Student Code of Conduct, conduct proceedings, and all related records. If there are any questions regarding this document or the Student Code of Conduct, please contact the Office of Student Conduct:
Student Union Building 307
studentconduct@ycp.edu
717-600-3874
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. The conduct process is designed as an educational one; to encourage and promote the process of self-discipline.
Summary of Student Conduct Proceedings
- Any member of the College community may file a complaint alleging a violation.
- Complaints may lead to an investigation.
- Investigations may lead to charges.
- Charges always lead to a hearing.
- Hearings may lead to sanctions.
- Students have the option to appeal after sanctions are given.
This process is outlined in detail in the Student Code of Conduct.
The College shall provide prompt and equitable conduct proceedings. All students and student organizations can expect to be treated in a fundamentally fair manner which includes the following:
- Written notice of charges.
- An opportunity to review information that supports charges.
- An opportunity to contest charges in a hearing.
- An opportunity to request an appeal of outcomes.
York College of Pennsylvania Student Code of Conduct
- Student Conduct Philosophy
- Article I: Definitions
- Article II: Student Code of Conduct Authority
- Article III: Code of Conduct
- Article IV: Student Code of Conduct Proceedings for Individual Students
- Article V: Student Code of Conduct Proceedings for Student Organizations
- Article VI: Interpretation and Revision
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.
For assistance and consultation, students can contact the Department of Campus Safety, Counseling Services, Residence Life, or Student Development and Campus Life. 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 “advisor” is defined as support person to a student involved in conduct proceedings.
- Only the responding person is permitted to have an advisor related to allegations of violations of this policy, and the advisor 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.
- Please review YCP’s Sex Discrimination Policy.
- 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 (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 (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 and nicotine products on YCP property. This includes smokeless tobacco, ‘spit’ tobacco, cigars, cigarettes, pipes, nicotine pouches, nicotine gum, nicotine patches, 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.
- Expressive Activities Policy
- 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 (campussafety@ycp.edu or 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 Misconduct Policy and Grievance Procedure 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 Misconduct Policy and Grievance Procedure.
- 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 Order: The College may work with students to assign a no-contact directive when appropriate. A no-contact order 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 order 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 Order: The College may work with students to assign a no-contact order when appropriate. A no-contact order 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 order 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: Sex Discrimination Policy (“Title IX”)
Non-Discrimination Notice
York College of Pennsylvania (“York College”) does not discriminate on the basis of sex and prohibits sex discrimination in all education programs or activities that the College operates—including admission and employment—as required by Title IX of the Educational Amendments Act of 1973 (“Title IX”) and its implementing regulations.
Inquiries about Title IX may be referred to the College’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. York College’s Title IX Coordinator is Vicki Stewart, whose office is located in the Human Resources Office in Manor Northeast. She can be contacted via email at titleix@ycp.edu. The Title IX Coordinator can also be contacted by phone (717.815.1287, internal extension 1287).
To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please refer to the College’s Sex Discrimination Policy, which can be found on the College’s Title IX website: https://www.ycp.edu/about-us/offices-and-departments/human-resources/title-ix/.
Grievance Procedures for Complaints of Sex Discrimination
York College has adopted the following grievance procedures that provide for prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in the College’s education programs or activities, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.
Definitions
The following definitions apply to the use of these terms in this policy:
- College: Means York College of Pennsylvania (“York College”).
- Student: means a person who has gained admission to the College.
- 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 for the definition of a student.
- College official: Includes any individual employed by the College, performing assigned administrative or professional responsibilities.
- 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).
- Complainant: An individual alleged to be the victim of conduct that could constitute sex discrimination, as that term is defined in this policy.
- Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sex discrimination.
- Complaint: An oral or written request to the College that can be objectively understood as a request for the College to investigate and make a determination about alleged discrimination under Title IX or the Title IX regulations.
- Sex discrimination: Discrimination on the basis of sex under the College’s education programs or activities, which causes more than a minimal level of harm. As stated above, the College prohibits sex discrimination in all of its education programs or activities. Sex discrimination prohibited by the College includes discrimination on the basis of gender, sex stereotypes, sex characteristics, pregnancy or related conditions, parental or marital status, sexual orientation, or gender identity.
- Pregnancy-or related conditions: Means (1) pregnancy, childbirth, termination of pregnancy, or lactation; (2) medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or (3) recovery from pregnancy, childbirth, termination of pregnancy, or lactation.
- Under the College’s education programs or activities: York College’s prohibition against sex discrimination applies to all sex discrimination occurring under the College’s education programs or activities in the United States. Conduct that occurs “under the College’s education programs or activities” includes, (1) all conduct that occurs on campus or on any other College property or other property owned, controlled, managed, or used by the College, (2) conduct occurring in any building owned or controlled by a student organization that is officially recognized by the College, and (3) conduct that is subject to the College’s disciplinary authority. Conduct may be covered by this policy even when some conduct alleged to be contributing to a hostile environment occurred outside the College’s education programs or activities, provided that the conduct that did not occur under the College’s education programs or activities contributes to an alleged sex-based hostile environment under the College’s education programs or activities.
- Sex-based harassment: A form of sex discrimination, which means sexual harassment and other harassment on the basis of sex (including harassment on the basis of pregnancy or related conditions, sexual orientation, and gender identity) if it is “quid pro quo harassment,” “hostile environment harassment,” “sexual assault,” “dating violence,” “domestic violence” and “stalking,” as those terms are defined in this policy.
- Quid pro quo harassment: A College employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s education programs or activities, explicitly or implicitly conditions the provision of such an aid, benefit, or service on the individual’s participation in unwelcome sexual conduct.
- Hostile environment harassment: Unwelcome conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education programs or activities. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
- The degree to which the conduct affected the complainant’s ability to access the College’s education programs or activities;
- The type, frequency, or duration of the conduct;
- The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
- The location of the conduct and the context in which the conduct occurred; and
- Other sex-based harassment in the College’s education program or activity.
- Sexual assault:
- Any anal or vaginal penetration of another against that person’s will or without that person’s consent;
- Any oral penetration of another by a sexual organ against that person’s will or without that person’s consent;
- Any insertion of another’s genitals into another’s mouth, anus, or vagina against that person’s will or without that person’s consent;
- 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
- The use of physical force, coercion, intentional impairment, or threat of harm to commit any of these acts.
- 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.
- Domestic violence: A felony or misdemeanor crime committed by a person who,
- Is a current or former spouse or intimate partner of the victim under Pennsylvania’s family or domestic violence laws;
- Is similarly situated to a spouse of the victim;
- Shares a child in common with the victim;
- Is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or
- Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction where the actions take place.
- Dating violence: Violence committed by a person,
- Who is or has been in a social relationship of a romantic or intimate nature with the alleged victim; and
- Whether such relationship existed must be determined by taking into consideration the following factors:
- The relationship’s length;
- The relationship’s type; and
- The 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,
- Fear for his or her safety or the safety of others; or
- Suffer substantial emotional distress.
Examples of conduct qualifying as stalking include,
- 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
- 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.
- Retaliation: Intimidation, threats, coercion, or discrimination against any person by the College, a student, or an employee or other person authorized by the College to provide an aid, benefit, or service under the College’s education programs or activities, for the purpose of interfering with any right or privilege secured by Title IX or 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 sex discrimination allegations, which includes participation in this policy’s grievance procedures and informal resolution process.
- 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 a complaint has been received by the College or if no complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education programs or activities and to provide support during the grievance procedures described in this policy. “Supportive measures” may include the following:
- Counseling services;
- Deadline extensions or other course-related adjustments;
- Modifications of schedules for work, class, or extracurricular or other activity, regardless of whether there is or is not a comparable alternative;
- Campus escort services;
- Restrictions on contact applied to one or more parties;
- Changes in working conditions;
- Changes in housing;
- Leaves of absence;
- Increased security and monitoring of certain campus areas;
- Training and education programs related to sex-based harassment; and
- Other similar measures.
These same supportive measures are available for complaints alleging sex-based harassment, regardless of whether or not a student is involved.
The College will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the College’s ability to provide supportive measures. The Title IX Coordinator is responsible for coordinating effective implementation of supportive measures.
- 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:
Vicki Stewart
Title IX Coordinator
Manor Northeast
441 Country Club Road
York, PA 17403
Email: titleix@ycp.edu
Office: 717.815.1440.
The Title IX Coordinator, any Deputy Title IX Coordinators, and the Title IX Investigator are all permitted to serve as the investigator for allegations of violation of this policy. The Title IX Coordinator, however, also has the authority to delegate such tasks, including to the College’s legal counsel, when the College deems that necessary and appropriate. Likewise, if the Title IX Coordinator has a conflict of interest or prohibited bias in a particular matter, then the College may appoint an Interim Deputy Title IX Coordinator for that particular matter. In that situation, all references to the Title IX Coordinator in this policy refer to the Interim Deputy Title IX Coordinator with respect to the particular matter for which the Interim Deputy Title IX Coordinator has been appointed.
The College will provide the Title IX Coordinator’s contact information to all applicants for admission or employment, and to all students and employees.
- Confidential employees: Means the following. First, an employee of the College whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this part, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies. Second, an employee whom the College has designated as confidential under this policy for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about sex discrimination in connection with providing those services. Third, a College employee who is conducting an Institutional Review Board-approved human-subjects study designed to gather information about sex discrimination—but the employee’s confidential status is only with respect to information received while conducting the study. The following classes of College employees are considered “confidential employees” for the purposes of this policy: Health Services; Counseling Services; and Spiritual Life.
- Adjudicator: The person responsible for making the decision regarding whether the respondent is responsible or not responsible for violating the College’s prohibition against sex discrimination. The Title IX Coordinator may serve as the adjudicator and the adjudicator may be the same person who investigates the allegation, unless the Title IX Coordinator or investigator has a prohibited conflict of interest or bias that would prevent him/her/them from serving in an impartial manner. The Title IX Coordinator may also appoint another person to serve as the adjudicator or investigator, including an attorney for the College, provided that (1) such person has received the training to serve as a decisionmaker as required under the U.S. Department of Education’s Title IX regulations, and (2) the selected person does not have a conflict of interest or bias that would prevent him/her/them from serving in an impartial manner.
- Disciplinary Sanction or Remedy: Requirements imposed on a respondent found responsible for violating the College’s prohibition against sex discrimination. Any such sanction or remedy imposed through the grievance procedures must be designed to restore or preserve the complainant’s equal access to the College’s education programs or activities and may include supportive measures. The scope of permissible sanctions or remedies are discussed later in this policy.
- 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 adjudicator regarding complaints involving allegations of sex-based harassment involving a student. Each Appeal Board will have three members. The Title IX Coordinator shall not serve as a member of the Appeal Board, nor shall the investigator or the adjudicator.
- Informal Resolution Officer: Means the person appointed by the Title IX Coordinator to facilitate the informal resolution process. Any person designated as an informal resolution officer must be appropriately trained regarding the informal resolution process’s rules and practices, how to serve impartially, including by avoiding conflicts of interest and bias. Likewise, no person may serve as an informal resolution officer if that person has a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
- Preponderance of the Evidence: Evidence demonstrating that it is more likely than not that a violation of the College’s prohibition on sex discrimination has occurred. The College will apply the preponderance of the evidence standard when evaluating whether a violation of the College’s prohibition on sex discrimination has occurred.
- Advisor: A person who assists a student or employee who is a party to a grievance procedure regarding allegations of sex-based harassment involving a student. Both the complainant and the respondent are entitled to be accompanied and assisted by an advisor during any investigation or meeting regarding allegations of sex-based harassment involving a student. Advisors, however, are not permitted to speak directly on behalf of a party during any meeting conducted pursuant to this policy. Subject to the restrictions listed in this section below, the advisor may be anyone who the party believes will help him/her/them during the investigation, and appeal of allegations of sex-based harassment involving a student. By having an advisor accompany a party to a meeting conducted under this policy, that party is authorizing the College to disclose that party’s FERPA-protected information[1] to the selected advisor for the purposes of this policy. Parties may select an attorney as an advisor. The parties, however, must provide advanced notice to the Title IX Coordinator regarding the participation of any attorney-advisor. That way, the College will be able to determine whether to have its own legal counsel participate in any investigation or meeting during which one or more of the parties have opted to use an attorney as their advisor. The party’s selected advisor must abide by the rules of any meeting set by the investigator, informal resolution officer, or adjudicator. 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 or the restrictions on advisor participation, 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. Likewise, an adjudicator or informal resolution officer may order the removal of an advisor during the course of any meeting conducted by the adjudicator or informal resolution officer in accordance with this policy upon a finding that the advisor has failed to comply with the Rules of Decorum. The College will not provide an advisor for any party who does not have an advisor. The parties are responsible for obtaining their own advisors.
The following individuals may not serve as an advisor:
- The Title IX Coordinator;
- Any investigator who has assisted the College in investigating the complaint at issue;
- Any informal resolution officer who has assisted the College during the grievance process related to the complaint at issue;
- Legal counsel for the College;
- Any witness who provides information during the grievance process related to the complaint at issue;
- Any support person for any party to the complaint at issue;
- The adjudicator for the complaint at issue;
- Members of the Appeal Board (for complaints regarding allegations of sex-based harassment involving a student); and
- Any other individual whom the Title IX Coordinator, the adjudicator, the informal resolution officer, or Appeal Board determines has a conflict of interest or bias.
- Support Person: A person, 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 other proceedings related to the investigation and grievance procedures. Witnesses are not entitled to be accompanied by a support person, although the investigator or adjudicator may permit a witness to be accompanied by a support person upon a showing of good cause. By way of examples, the support person may be a family member, a friend, a faculty member, a staff member, or an attorney. The following may not serve as a support person: the Title IX Coordinator; the investigator; the adjudicator; or any other individual who the adjudicator or investigator determines has a conflict of interest. A support person may do any of the following: provide emotional support and reassurance throughout the grievance procedures; observe meetings; assist with clarifying the grievance procedures; take notes; and quietly prompt or advise a party to request a break in the proceedings when necessary. A support person must understand and maintain the privacy of the parties and witnesses as much as possible and will be required to execute a non-disclosure agreement as a condition of their participation in the grievance procedures. A support person may not engage in any of the following conduct: make a presentation on behalf of a party or otherwise represent a party’s interest during the grievance process, including by questioning witnesses; speak for a party or answer questions on a party’s behalf; advocate for a party or a party’s interest; or obstruct or distract from the grievance process. Support persons must also comply with the Rules of Decorum.
- 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 relevant 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 automatically qualify as consensual.
- A person who is incapacitated is unable to consent to sexual activity.
- Incapacity, incapacitated, and incapacitation: These terms refer to a person who is unable to consent to sexual activity. Individuals are unable to consent to sexual activity 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, the College 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.
Complaints
The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that York College investigate and make a determination about alleged discrimination under Title IX:
- A “complainant,” which includes the following individuals:
- A student or employee of York College who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
- A person other than a student or employee of York College who is alleged to have been subject to conduct that could constitute sex discrimination under Title IX at a time when the individual was participating or attempting to participate in York College’s education programs or activities.
- A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
- York College’s Title IX Coordinator.
In certain situations, the Title IX Coordinator may decide to initiate a complaint of sex discrimination even in the absence of a complaint lodged by a student, employee or other alleged victim, or if the complaint is withdrawn by the complainant. To determine whether to initiate a complaint of sex discrimination under those circumstances, the Title IX Coordinator will consider the facts of each specific case, taking into account, at a minimum, the following factors:
- The complainant’s request not to proceed with initiation of a complaint;
- The complainant’s reasonable safety concerns regarding initiation of a complaint;
- The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
- The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a respondent from campus or the imposition of another disciplinary sanction to end discrimination and prevent its recurrence;
- The age and relationship of the parties, including whether the respondent is an employee of the recipient;
- The scope of the alleged sex discrimination, including whether the available information suggests a pattern, ongoing sex discrimination, or sex discrimination that has affected multiple individuals;
- The availability of evidence to assist the adjudicator in determining whether sex discrimination occurred; and
- Whether the College could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures under this policy.
The Title IX Coordinator may initiate a complaint if, after consideration of these and other relevant factors, it is determined that the conduct in question presents an imminent and serious threat to the health or safety of the complainant or other person, or that the conduct as alleged would prevent the College from ensuring equal access on the basis of sex to its education programs or activities. If a complaint will be initiated under these circumstances, then the Title IX Coordinator will notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures.
The Title IX Coordinator is not required to initiate the grievance procedures if, upon being notified of conduct that may constitute sex discrimination, the Title IX Coordinator reasonably determines that the alleged conduct could not constitute sex discrimination under Title IX or this policy.
York College may consolidate complaints of sex discrimination against one or more respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references in this policy to a party, complainant, or respondent include the plural, as applicable.
Regardless of whether a complaint is initiated, the College will take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the College’s education programs or activities.
Reporting Allegations
Any individual may make a good faith reporting alleging violation of the College’s prohibition against sex discrimination.
All College employees are obligated to notify the Title IX Coordinator when they are aware of conduct that reasonably may constitute prohibited sex discrimination, which includes sex-based harassment.
“Confidential employees”[2] have no obligation to report conduct that reasonably may constitute sex discrimination that such confidential employees learn about through the confidential employee’s confidential duties. Nevertheless, such confidential employees must explain to any person who informs the confidential employee of conduct that may reasonably constitute prohibited sex discrimination, (1) the confidential employee’s confidential status, including that the confidential employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute prohibited sex discrimination, (2) how to contact the Title IX Coordinator and how to make a complaint of sex discrimination, and (3) that the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiation of an informal resolution process or an investigation.
When a student, or person who has a legal right to act on behalf of a student, informs any York College employee (including confidential employees) of a student’s pregnancy or related condition, the informed employee must promptly provide the informing person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the affected student’s equal access to York College’s education programs or activities.
Title IX Grievance Procedures for Allegations of Sex Discrimination Generally
York College will treat complainants and respondents equitably.
York College requires that any Title IX Coordinator, investigator, or adjudicator not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
York College presumes that the respondent is not responsible for the alleged sex discrimination unless and until a determination of responsibility is made at the conclusion of the Title IX grievance procedure.
York College has established the following timeframes for the major stages of the grievance procedures:
- The evaluation process will conclude no later than ten business days after the Title IX Coordinator is made aware that a complaint of sex discrimination has been made to the College. During the evaluation process the Title IX Coordinator will determine whether to dismiss or investigate a complaint of sex discrimination;
- The investigation process will conclude no later than 40 business days after the Title IX Coordinator is made aware that a complaint of sex discrimination has been made to the College;
- The determination of responsibility/non-responsibility will be issued no later than 50 business days after the Title IX Coordinator is made aware that a complaint of sex discrimination has been made to the College; and
- The appeal process, if any, will conclude no later than 65 days after the Title IX Coordinator is made aware that a complaint of sex discrimination has been made to the College.
A party may request an extension of these deadlines by providing a written request to the Title IX Coordinator. Likewise, the Title IX Coordinator is permitted to extend these deadlines. Any extension of these deadlines, however, will only be granted upon good cause shown in light of the facts of that particular situation. Any extension of these deadlines must be in writing and provided to all parties to the grievance process.
York College will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. Such steps, however, will not restrict the ability of the parties to obtain and present evidence. Specifically, parties are always permitted to speak with witnesses, consult with their family members, consult with confidential resources, consult with their advisor or support person, or otherwise prepare for or participate in the grievance procedures. The parties are prohibited from engaging in retaliation, including against witnesses.
York College will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence.[3] Credibility determinations—that is, determinations about whether a party or witness is believable—will not be based on a person’s status as a complainant, respondent, or witness.
The following types of evidence, and questions seeking such evidence, are impermissible and will not be accessed or considered (unless for the sole purpose to determine whether one of the exceptions below applies). Such evidence also will not be disclosed and will not otherwise be used during the grievance procedures, regardless of whether relevant:
- Evidence that is protected under a privilege recognized by federal or state law or evidence provided to a confidential employee acting within the scope of that employee’s confidential duties, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
- A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to that party or witness, unless the College obtains the party’s voluntary, written consent for the use of these materials during the grievance procedures; and
- Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless such evidence is offered to prove that someone other than the respondent committed the alleged conduct or if the evidence is about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and the respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
Notice of Allegations
Upon initiation of York College’s Title IX grievance procedures, the Title IX Coordinator will notify the parties of the following:
- York College’s Title IX grievance procedures and its informal resolution process;
- Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
- Retaliation is prohibited;
- The respondent is presumed not responsible for any alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to the adjudicator, who will be a trained and impartial decisionmaker;
- The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence; and
- For allegations of sex-based harassment involving a student, the parties may have an advisor of their choice—who may be, but is not required to be, an attorney—accompany them to any meetings or proceedings related to the Title IX grievance procedures.
- The College will not limit the choice or presence of the advisor from the complainant or the respondent in any meeting or proceedings.
- The College may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as such restrictions apply equally to the parties.
- For allegations of sex-based harassment involving a student, all parties may have a support person present during any meeting or proceeding.
If, during the course of an investigation, York College decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, York College will notify the known parties of the additional allegations. If such allegations concern alleged sex-based harassment involving a student, the notice of additional allegations must be in writing.
Dismissal of a Complaint
The Title IX Coordinator may dismiss a complaint of sex discrimination in the following circumstances:
- York College is unable to identify the respondent after taking reasonable steps to do so;
- The respondent is not participating in York College’s education programs or activities and is not employed by York College;
- The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and York College determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
- York College determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, York College will make reasonable efforts to clarify the allegations with the complainant.
Upon dismissal, York College will promptly notify the complainant, in writing, of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then York College will also simultaneously notify the respondent in writing of the dismissal and the basis for the dismissal.
York College will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of the complaint. If the dismissal occurs after the respondent has been notified of the allegations, then York College will also notify the respondent that the dismissal may be appealed. Any dismissal decision may be appealed on the following basis:
- Procedural irregularity that would change the outcome;
- New evidence that would change the outcome and that was not reasonably available when the dismissal decision was made; and
- The Title IX Coordinator, investigator, or adjudicator had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
If the dismissal decision is appealed, York College will,
- Notify all parties of any appeal, including notice of the allegations, if such notice was not previously provided to the respondent,
- Implement appeal procedures equally for the parties,
- Ensure that the person deciding the appeal did not take part in an investigation of the allegations or dismissal of the complaint,
- Ensure that the person deciding the appeal has been trained consistent with the Title IX regulations,
- Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome, and
- Provide a written decision to the parties regarding the appeal’s result and the rationale for that result.
If the dismissal decision involves an allegation of sex-based harassment involving a student, then the dismissal decision will be decided by the Dean of Student Development and Campus Life. Appeals of all other decisions will be decided by the College’s Chief of Staff.
When a complaint is dismissed, York College will, at a minimum,
- Offer supportive measures to the complainant, as appropriate,
- Offer supportive measures to the respondent, provided that the respondent has been notified of the allegations, and
- Take other prompt and effective steps, as appropriate, through the Title IX Coordinator, to ensure that sex discrimination does not continue or recur within York College’s education programs or activities.
Emergency Removals and Administrative Leave
At any time following receipt of information suggesting that a violation of the College’s prohibition of sex discrimination may have occurred, the Title IX Coordinator, in conjunction with the College’s Director of Campus Safety, may remove a respondent—entirely or partially—from the College’s education programs or activities on an emergency basis, provided that the following has occurred:
- The Title IX Coordinator and Director of Campus Safety have undertaken an individualized safety and risk analysis;
- The Title IX Coordinator and Director of Campus Safety have jointly determined that the emergency removal is justified based on an imminent and serious threat to the health or safety of a complainant or any students, employees, or other persons arising from the allegations of sex discrimination; and
- The Title IX Coordinator provides the subject of the removal order with notice of the removal decision and an opportunity to challenge the decision immediately following the removal.
- The subject of a removal order wishing to challenge that order must provide the Title IX Coordinator with written notice of such a challenge. The removed party bears the burden of demonstrating that the removal decision was incorrect.
- The College’s Dean of Student Development and Campus Life will decide any challenges of a removal order issued to a student. Appeals regarding all other removal orders will be decided by the College’s Chief of Staff.
The College may place any employee on administrative leave from employment responsibilities during the pendency of the College’s Title IX grievance procedures.
Any emergency removal or administrative leave decision may be amended or cancelled during the pendency of the College’s Title IX grievance procedures.
Nothing in this section of the policy restricts any rights under the Americans with Disabilities Act,[4] Section 504 of the Rehabilitation Act of 1973,[5] or the Individuals with Disabilities in Education Act.[6]
Investigation
York College will provide an adequate, reliable, and impartial investigation of complaints alleging sex discrimination.
York College—not the parties—bears the burden of conducting an investigation that gathers sufficient evidence to determine whether sex discrimination has occurred.
York College will provide an equal opportunity for the parties to present fact witnesses and other inculpatory or exculpatory evidence that is relevant and not otherwise impermissible.
York College will review all evidence gathered through the investigation and determinate what evidence is relevant and what evidence is impermissible regardless of relevance.
York College will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:
- York College will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of the evidence. If York College provides a description of the evidence, the parties will be provided with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
- York College will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
- York College will take reasonable steps to present and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.
For allegations of sex-based harassment involving a student, York College will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.
- York College will not limit the choice or presence of the advisor for the complainant or respondent in any such meeting or proceeding.
- York College, however, may establish restrictions regarding the extent to which the advisor may participate in the grievance procedures, as long as the restrictions apply equally to the parties.
For allegations of sex-based harassment involving a student, evidence in the form of expert witness opinions may be permitted in appropriate cases. Such evidence will only be utilized in making a determination upon approval by the adjudicator and upon a showing that such evidence is relevant, not otherwise impermissible, and would substantially aid the adjudicator in making the determination regarding whether or not the respondent is responsible for the allegations of sex-based harassment involving a student. The adjudicator may refuse to permit the submission of such expert witness evidence, or to consider such evidence, if the adjudicator determines that the probative value of the expert’s opinion or evidence is outweighed by considerations of unfair prejudice or confusion of the issues, or if such evidence is merely duplicative of other evidence under consideration. These rules apply equally to the complainant and the respondent.
Questioning the Parties and Witnesses
York College will provide a process that enables the adjudicator to question parties and witnesses to adequately assess a party’s or witness’s credibility, provided that credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.
For allegations of sex-based harassment involving a student in which a party’s or witness’s credibility is both in dispute and relevant to evaluating the allegations, the College will allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the adjudicator, provided that such questions are determined by the adjudicator to be both relevant and not impermissible. In such cases, the adjudicator will also be permitted to ask any such relevant and not otherwise impermissible questions that the adjudicator might have. These questions will be asked during individual meetings with a party or witness. Each party will be provided with an audio or audiovisual recording or transcript of any such questions and answers. That recording or transcript will be provided to the party with enough time for the party to have a reasonable opportunity to propose follow-up questions.
For allegations of sex-based harassment involving a student, the adjudicator will determine whether any proposed question is relevant and not otherwise impermissible before a question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness will not be permitted. The adjudicator, however, must give a party an opportunity to clarify or revise a question that the adjudicator determines is unclear or harassing. If the party sufficiently clarifies or revises the question, then the question must be asked.
For allegations of sex-based harassment involving a student, the adjudicator may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The adjudicator, however, must not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.
Determination Regarding Whether Sex Discrimination Has Occurred
Following the investigation and evaluation of all relevant and not otherwise impermissible evidence, York College will,
- Use the preponderance of the evidence standard of proof to determine whether respondent is responsible for violating the College’s prohibition against sex discrimination. The standard of proof requires the adjudicator to evaluate the relevant and not otherwise impermissible evidence for its persuasiveness.
- Notify the parties in writing of the determination regarding whether respondent is responsible or not responsible for violating the College’s prohibition against sex discrimination. That written notice will include the rationale for the determination and the procedures and permissible bases for the parties to appeal.
- Refrain from imposing discipline on a respondent for sex discrimination unless and until a determination is made at the conclusion of the grievance procedures that the respondent is responsible for engaging in sex discrimination prohibited by this policy.
- If the respondent is found responsible for violating this policy, the Title IX Coordinator will, as appropriate,
- Coordinate the provision and implementation of remedies to a complainant and other people whose access to York College’s education programs or activities has been limited or denied due to sex discrimination,
- Coordinate the imposition of any disciplinary sanctions on the respondent, including written notification to the complainant of any such disciplinary sanctions, and
- Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within York College’s education programs or activities.
- Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent.
The College may take disciplinary action against an individual for making a materially false statement in bad faith during the grievance procedures. But the College may not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination regarding whether sex discrimination occurred.
For allegations of sex-based harassment involving a student, the written notice of determination must be provided simultaneously to the parties. For matters involving such allegations, the written notice of determination must include the following:
- A description of the alleged sex-based harassment;
- Information about the policies and procedures that York College used to evaluate the allegations;
- The adjudicator’s evaluation of the relevant and not otherwise impermissible evidence and determination about whether sex-based harassment occurred;
- When applicable, a description of any disciplinary sanctions that will be imposed on the respondent, whether remedies other than disciplinary sanctions will be provided to the complainant by the College and, to the extent appropriate, other students identified by the College to be experiencing the effects of the sex-based harassment; and
- The College’s procedures and permissible bases for the complainant and the respondent to appeal.
Appeals
For allegations of sex-based harassment involving a student, any party may file an appeal on any or all of the following bases:
- Procedural irregularity that would change the outcome;
- New evidence that would change the outcome and that was not reasonably available when the determination of responsibility was made; and
- The Title IX Coordinator, investigator, or adjudicator had a conflict of interest or bias for or against complainant or respondents generally or the individual complainant or respondent that affected the matter’s outcome.
If a party appeals a determination regarding allegations of sex-based harassment involving a student, the College will,
- Notify all parties in writing of any appeal, including notice of the allegations, if such notice was not previously provided to the respondent,
- Implement appeal procedures equally for the parties,
- Ensure that the appeal officer did not take part in an investigation of the allegations or dismissal of the complaint,
- Ensure that the appeal officer has been trained consistent with the Title IX regulations,
- Communicate to the parties in writing that they will be provided a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome, and
- Provide a written decision to the parties regarding the appeal’s result and the rationale for that result.
The Appeal Board will decide any such appeals.
For allegations of sex discrimination that are not allegations of sex-based harassment involving a student, the appeal process will be the same as in the relevant non-Title IX context. For more information, consult the policy relevant to the specific situation at issue:
Informal Resolution Process
In lieu of resolving a complaint through the College’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. For allegations of sex-based harassment involving a student, York College will inform the parties in writing of the informal resolution process it offers and determines is appropriate, if any. York College will not offer informal resolution to resolve a complaint when doing so would conflict with federal, state, or local law. Before initiating the informal resolution process, the College will explain the following to the parties in writing:
- The allegations;
- The requirements of the informal resolution process;
- That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
- That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
- The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
- What information York College will maintain and how the College could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.
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. A party’s violation of such an agreement constitutes a violation of this policy and potentially other College policies.
Supportive Measures
York College will offer and coordinate supportive measures as appropriate for the complainant or respondent to restore or preserve that person’s access to the College’s education programs or activities or to provide support during the College’s Title IX grievance procedures or during the informal resolution process.
Supportive measures may vary depending on what the College deems reasonably available. The College may, as appropriate, modify or terminate supportive measures at the conclusion of the Title IX grievance procedures or at the conclusion of the informal resolution process. Or the College may continue those supportive measures in place beyond that point.
The complainant or respondent may seek modification or reversal of the Title IX Coordinator’s decision to provide, deny, modify, or terminate supportive measures applicable to them. The parties may also seek modification or termination of a supportive measure ordered by the Title IX Coordinator based on a material change of circumstances. For supportive measures affecting a student, the request for modification or reversal of the supportive measure decision will be decided by Dean of Student Development and Campus Life appeals regarding all other supportive measures decisions will be decided by the College’s Chief of Staff. These individuals will have the authority to modify or reverse the Title IX Coordinator’s decision regarding supportive measures, if it is determined that the Title IX Coordinator’s decision regarding supportive measures is inconsistent with the term “supportive measures,” as defined in this policy.
Orders regarding supportive measures will not be disclosed to any person unless necessary to provide the supportive measure or to restore or preserve a party’s equal access to the College’s education programs or activities. Disclosure may also be provided under the following circumstances:
- The College has obtained prior written consent from a person with the legal right to consent to the disclosure;
- The information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
- To carry out the purposes of this policy, including action taken to address conduct in the College’s education programs or activities that may reasonably constitute sex discrimination under Title IX;
- When required by federal law, federal regulations, or the terms and conditions of a federal award, including a grant award or other funding agreement; or
- To the extent such disclosures are not otherwise in conflict with Title IX or this policy, when required by state or local law or when permitted under FERPA[7] or its implementing regulations.[8]
Reasonable Modifications for Pregnancy or Related Conditions
The College will make reasonable modifications to its policies, practices, or procedures as necessary to prevent discrimination based on pregnancy or related conditions. Each such reasonable modification must be based on the student’s individualized needs, as indicated during a consultation with the affected student. The student has discretion to accept or decline each reasonable modification. If, however, a student accepts an offered modification, the College must implement it. Such reasonable modifications can include the following: breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the bathroom; intermittent absences to attend medical appointments; access to online or homebound education; changes in schedule or course sequence; extensions of time for coursework and rescheduling of tests and examinations; allowing a student to sit or stand, or carry or keep water nearby; counseling; changes in physical space or supplies (for example, access to a larger desk or a footrest); elevator access or other changes to College policies or practices. Nevertheless, the College is not required to implement any such requested modification if doing so would fundamentally alter the education program or activity at issue.
The College will allow a student to voluntarily access any separate and comparable portion of the College’s education programs or activities. Likewise, the College will allow any affected student to take a leave of absence from the College’s education programs or activities to cover, at a minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. When such a student returns to the College’s education programs or activities, the student will be reinstated to the academic program and, as practicable, to the extracurricular status that the student held before the voluntary leave began.
The College will ensure that any affected student can access a lactation space, which must be a space other than a bathroom, which is clean, shielded from view, free from intrusion from others, and may be used by a student for expressing breast milk or breastfeeding as needed.
The College will treat pregnancy and related conditions in the same manner as it does any other temporary medical conditions with respect to any medical or hospital benefit, service, plan, or policy the College administers, operates, offers, or participates in with respect to students admitted to the College’s education programs or activities.
The College will not require a student who is pregnant or who has pregnancy related conditions to provide certification from a healthcare provider (or any other person) that the student is physically able to participate in a class, extracurricular activity or other education programs or activities of the College unless (i) the certified level of physical activity or health is necessary for participation in the class, program, or extracurricular activity, (ii) the College requires the same certification for all students participating the class, program, or extracurricular activity, and (3) the information obtained is not used as a basis for engaging in sex-discrimination.
Disciplinary Sanctions or Remedies
Following a determination that sex discrimination occurred, the College may impose the following disciplinary sanctions or remedies:
- If the respondent is a student and is found responsible for violating the College’s prohibition against sex discrimination, the respondent may receive any of the following sanctions or remedies:
- Loss of privileges;
- No-contact directive;
- Cease and desist order;
- Written warning;
- Removal from on-campus housing;
- Barring access to campus;
- Barring or suspension from College activities (extracurricular or otherwise);
- Mandatory training;
- Mandated counseling;
- Educational sanctions;
- Disciplinary probation;
- Suspension;
- Expulsion;
- An order of restitution; or
- Any combination of the sanctions remedies listed above.
- If the respondent is not a student and is found responsible for violating the College’s prohibition against sex discrimination, the respondent may receive any of the following sanctions or remedies:
- Any sanction or remedy applicable to a student respondent, if such sanction or remedy is appropriate;
- Cease and desist order;
- Written reprimand;
- Final written warning;
- Change in work assignment;
- Demotion;
- Loss of privileges;
- No-contact directive;
- Barring access to campus;
- Mandatory training;
- Mandatory counseling;
- Suspension (with or without pay);
- Termination of Employment;
- Non-renewal of contract;
- An order of restitution; or
- Any combination of these sanctions.
When the respondent is a tenured faculty member who is found responsible for violation of this policy, the adjudicator may not order a termination of employment or non-renewal of an employment contract. The adjudicator, however, may recommend termination of employment or non-renewal of the faculty member’s employment contract. If such a recommendation is issued, the ultimate decision regarding whether to impose that recommended sanction will be made in accordance with the relevant dismissal or grievance procedure in the Faculty Manual.
These same disciplinary sanctions or remedies may be imposed upon a finding that a respondent is responsible for sex-based harassment, regardless of whether or not a student is involved.
[1] “FERPA” is the Family Educational and Privacy Act, 20 U.S.C. § 1232g.
[2] Defined in the definitions section of this policy.
[3] “Inculpatory evidence” is evidence which suggests that the respondent is responsible for the alleged sex discrimination. “Exculpatory evidence” is evidence which suggests that the respondent is not responsible for the alleged sex discrimination.
[4] 42 U.S.C. §12101 et seq.
[6] 20 U.S. § 1400 et seq.
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 representative(s) for the organization may only review the organization’s conduct file, incident reports, and any other information that supports charges in the Office of Residence Life. The student representative(s) for the organization 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 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 Development and Campus Life in collaboration with the Office of Student Conduct.
Anti-Discrimination/Ethnic Intimidation Policy
All students are encouraged to participate in College activities regardless of sex, race, color, creed, national origin, religion, sexual orientation, disability, social affiliation or age. York College does not tolerate and takes a firm position against all forms of discrimination as noted. Intimidation includes, but is not limited to: threats or bullying of any kind, physical harm or threats thereof, defacing or destruction of campus property or an individual’s personal property. Any student, who feels that he or she is a victim of discrimination or ethnic intimidation, or any such harassment, may initiate a complaint through the student grievance procedure and legal channels. Contact: Campus Safety, Manor Northeast, (717) 815-1314, Student Development and Campus Life, Administration Building, (717) 815-1461 or Student Diversity and Inclusion, Student Union, (717) 815-1916.
Consensual Relationships
York College’s policy on sexual harassment includes prohibition of consensual romantic or sexual relationships between York College employees (faculty, staff, or administration) and any traditional undergraduate student and/or any supervisee. Further, such relationships are prohibited between said employees and any nontraditional student (over 25 years of age) or graduate student for whom the employee has or is likely to have an evaluative or supervisory responsibility.
If a situation is potentially in violation of this policy, the employee is required to disclose it to his/her supervisor, who will seek guidance on assessing the matter from the relevant senior administrator. Anyone subjected to acts of sexual harassment should immediately report it to his/her supervisor. Student workers or students in the classroom should report to The Dean of Student Development and Campus Life and/or The Dean of Academic Affairs.
Sexual Harassment and Title IX Compliance
York College is an equal opportunity employer and an institution of higher education. We support legislation that protects College personnel and students against unlawful discrimination of any kind, including sexual harassment, and affirm the commitment of York College to ensure a fair, humane, and respectful environment for all employees and students.
Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and is illegal, sex-based discrimination under Title IX of the Education Amendments Act of 1972. It is against the policy of York College of Pennsylvania for any person (faculty, administrator, staff member, or student), male or female, to engage in sexual harassment of another person (faculty, administrator, staff member, or student). Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and/or other conduct of a sexual nature. Sexual harassment can be verbal (sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, threats), non-verbal (sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, obscene gestures), and/or physical (unwanted physical contact including touching, pinching, brushing the body, coerced sexual intercourse, assault). This conduct constitutes sexual harassment in the following circumstances:
- When it is made either explicitly or implicitly a condition of an employee’s employment, or a student’s academic assessment, or progress, or participation in college activities.
- When submission to or a rejection of such conduct is made the basis for employment decisions or decisions affecting academic assessment, progress or status, or participation in other college activities.
- When such conduct creates an intimidating, hostile, or offensive working or learning environment.
All personnel including faculty, administrators, staff members, and students will be expected to comply with this policy and take appropriate measures to ensure that sexual harassment does not occur. Appropriate disciplinary action, up to and including termination or expulsion, will be taken against anyone who violates this policy in accordance with relevant York College disciplinary procedures for that person’s cohort group (faculty, administrators, staff members, or students).
York College has a designated Title IX coordinator who is responsible for overseeing all Title IX complaints and identifying and addressing any patterns or systematic problems that arise during the review of such complaints. The Title IX Coordinator is available to meet with students and employees as needed.
York College Title IX Coordinator: Phone: 717-815-1440. Office Location: Humanities Building Office 24, Email: TitleIX@ycp.edu
Sex Offender Registration Information
The Campus Sex Crimes Prevention Act of 2000 is a federal law that provides for the tracking of convicted sex offenders enrolled at, or employed by, institutions of higher education. The Act is an amendment to the Jacob Wetterling Crimes against Children and Sexually Violent Offender Act. The federal law requires state law enforcement agencies to provide York College with a list of registered sex offenders who have indicated that they are enrolled, employed or carrying on a vocation at York College of Pennsylvania.
In accordance with Pennsylvania State Law, known sex offenders must register in the community in which they reside. York College also requires that the student or employee register with The Department of Campus Safety. Failure to register may result in immediate expulsion or dismissal from the College. York College reserves the right to dismiss a student or employee if it is deemed necessary in the interests of public safety, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
The Department of Campus Safety will maintain this list and make it available in its office in the Manor Northeast. In addition, a list of all registered sex offenders in Pennsylvania is available from the Pennsylvania State Police at http://www.pameganslaw.state.pa.us.
The Campus Sex Crimes Prevention Act amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify that nothing in the Act can prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders.
Confidentiality
All personally identifiable information related to particular students used to make decisions about students or for transmittal to others outside the College other than directory information as defined above is considered confidential information. This information includes, but is not necessarily limited to: academic evaluations, disciplinary records, financial aid records, letters of recommendation, health or medical records, counseling records, advising records, transcripts, test scores, social security number, employment records, and other academic records. Note: Confidential letters of recommendation are those to which students have waived access.
Third parties do not have access to confidential records without the written consent of the student specifying the records to be released and to whom the records are to be released. Exceptions to this restriction are:
- Parental rights of access to educational records depend on the student’s financial status, either dependent or independent as defined above.
- College employees who require access on an internal need-to-know basis for legitimate educational purposes.
- Records released pursuant to judicial order.
- Records released in connection with the student’s application for or receipt of financial aid.
- York College of Pennsylvania’s Counseling Services are confidential and in accordance with the American Counseling Association’s Code of Ethics. Except as provided above, no information will be released to any person without the student’s written permission.
Parental Notification of Student Records and College Matters
Parents or legal guardians of financially dependent students will be notified by the Academic Affairs Office/College officials, when their son or daughter has been issued two or more warning grades at mid-term. Professors are not required to issue warning grades, and some do not. A copy of the final grades will be sent to the designated parent(s)/guardian(s) in addition to the report sent to the student.
Parents or legal guardians of financially dependent students may be notified by the Student Affairs Office/College officials when their son or daughter has been responsible for a violation of the College’s Student Code of Conduct, especially when a violation of the College Alcohol or Drug Policy has occurred, or when a student has been suspended/expelled from the College. Students and parents are encouraged to discuss these disciplinary matters to assist in the attainment of behavioral improvement.
Expressive Activities Policy
Students are permitted to assemble and engage in expressive activity as long as such activity does not substantially disrupt the functioning of the College or violate any local, state, or federal laws. The College supports freedom of speech with the understanding that this freedom is met with responsibility regarding our standards of community. Students engaging in such activities are not permitted to occupy campus buildings, set up encampments, interfere with classes, or block students’ access to class or other campus facilities.The College reserves the right to designate a location for students who wish to organize a peaceful demonstration and/or expressive activity. Additionally, the College is permitted to restrict speech or expression for activity not protected by the First Amendment or under state and federal law, including but not limited to unlawful harassment, threats, violence, vandalism, and/or an unjustifiable invasion of privacy or confidentiality. York College of Pennsylvania is a private college and individuals who are not students or employees will not be allowed to access campus for the purpose of demonstrations and/or other expressive activities. If behavior is identified that may violate this policy the accused student may be charged criminally and will be referred to the Office of Student Conduct, where any sanctions may be imposed, including but not limited to suspension or expulsion from the College. Additionally, Campus Safety and other law enforcement officers may intervene should prohibited and/or criminal conduct occur during an expressive activity.
Fan Conduct At Sporting and Other Campus Events
In all situations, including, but not limited to, sporting events, concerts, and lectures, etc., students/fans are expected to conduct themselves in accordance with the College’s code of conduct, the law, and common decency. Fans, who display inappropriate behavior including profane or vulgar language, or disrespectful gestures towards players, artists, officials, York College administrative or support staff, or other fans will be escorted and evicted from the arena or campus building. In addition, violators of this policy will be subject to the College disciplinary process.
Hazing
All students, clubs and organizations are required to abide by the Anti-Hazing policy.
Hazing is prohibited and will result in administrative disciplinary action. Hazing is defined as 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 organizations recognized by, or affiliated with, York College of Pennsylvania. This is true regardless of the individual’s willingness to participate. For specific information, consult with the offices of Student Activities and Orientation and Student Affairs. Each organization is responsible for informing members (new members, associate members, affiliates or guests) of the hazing policy. Violations of the hazing policy at York College of Pennsylvania will result in disciplinary action and/or legal action. Student(s) and/or organizations will be held responsible for group activity in the event this policy is violated. Violators can be given sanctions of probation up to and including suspension from the College.
Involuntary Withdrawal Policy
The College may involuntarily withdraw a student from their semester courses. Examples include, but are not limited to:
- Students who initiate the withdrawal process and become unresponsive to outreach;
- Students who show evidence that they cannot participate safely or successfully in the academic and/or campus life of the College; and
- Students who falsify College and/or Admissions records.
The Office of Student Development and Campus Life, in consultation with appropriate medical, psychological, or academic services, may administratively withdraw a student from their courses, change the residential status of a student, and/or place conditions on the student’s current and/or continued enrollment. During this process, the following factors may be considered:
- the likelihood that potential harm will occur;
- the nature, duration, and severity of the risk of harm;
- whether or not other College policies or procedures may be appropriate to address the behavior;
- any assertion by the student of a legally protected disability entitled to reasonable accommodation;
- whether reasonable accommodations can mitigate the risks of allowing the student to remain enrolled;
- whether the student’s continued presence would pose a substantial impairment of other students’ ability to participate in York College’s education programs or activities; and
- whether the student is able to fulfill the minimum essential academic requirements for students at York College of Pennsylvania.
Under certain circumstances, after making the decision to administratively withdraw the student, Student Development and Campus Life may mandate that the student undergo a psychological or medical assessment to assist in evaluating the student’s ability to participate successfully in college life. Lastly, the involuntary withdrawal process will typically be enacted after students have been counseled on a voluntary withdrawal from the College.
The decision regarding involuntary withdrawal and the rationale will be shared in writing to the student. The written notification will include the duration of separation from the College and outline the conditions under which the student may seek to return. Conditions will include completing a readmission application located on the Admissions website.
A student may appeal the involuntary withdrawal decision in writing and provide supporting documentation. The appeal must be submitted within 2 business days of the original decision, to the Dean of Student Development and Campus Life, whose decision is the final decision of the College.
Students who are involuntarily withdrawn from the College are not automatically eligible to receive any type of financial refund, reimbursement, or credit. Students who are involuntarily withdrawn will receive ‘W’ grades for the semester. ‘W’ grades denote that the student has been withdrawn from the course and it does not negatively impact the cumulative GPA for a student.
Lastly, nothing in this policy is intended to amend or replace the Student Code of Conduct, the Sexual Misconduct Policy and Grievance Procedure, or any other College policy regarding student conduct or academic discipline.
Personal Conduct On Internet Sites
York College recognizes the Internet as an open, international community. Social Media apps/sites including but not limited to, Instagram, YikYak, TikTok, Twitter and other Internet sites are free, creative tools available for students to express themselves and communicate. The College expects its students to exercise good, decent judgment regarding Internet postings and personal representation. In addition, YCP students may not represent York College of Pennsylvania through their personal postings or online communication. While the College does not patrol Internet sites such as the examples listed above, students may be subject to disciplinary action should the College be notified of behaviors posted on the Internet that violate College standards and/or local, state, and federal laws.
Personal Health and Safety Policy
The College has a personal health and safety procedure which will be put into effect should a student undergo severe emotional, psychological or physical distress that is associated with inappropriate or disruptive behavior, threats or gestures of suicide, attempted suicide, and/or attempts to harm him/herself, others, or property impacting community safety and wellness. This policy also includes excessive drinking that is harmful. The College personal health and safety procedure provides that a student manifesting such behaviors will have his/her circumstances reviewed by a College official. The student is permitted to have an advisor present who must be a family member or a student, faculty, and/or staff member of York College of Pennsylvania. The student will be referred to appropriate treatment providers. The student may be given clearance to return to classes or residence halls with a wellness plan in place or may be involuntarily withdrawn from the College for reasons of personal or community safety. The College personal health and safety procedures may result in actions affecting student status. In such situations as outlined above, parents/legal guardians of students may be contacted and informed regarding the student’s medical/emotional status.
Search and Seizure
A student’s room and/or campus apartment may be searched if a Student Affairs, Residence Life, or Campus Safety staff member or other appropriate College official has reasonable suspicion that a violation of a campus policy has occurred, or is in the process of occurring. A search may also be approved when a College official believes that a student’s welfare may be in question or in other exigent circumstances.
The following procedures constitute guidelines for College officials when conducting an administrative search of a student’s campus residence:
- The College official will knock on the door and announce their presence including their title.
- When the student answers the door, the College official will inform the student of their reasonable suspicion that a campus policy violation has occurred or is occurring and will ask for permission to search the room or apartment.
- If the student consents to the search, a visual search of the room and contents will be made. If further evidence of a violation is observed, a more detailed and thorough search of the room and its contents will occur.
- If a student refuses to grant consent to search, or if no one answers the door, the College official may contact the Vice President of Student Affairs or the Director of Residence Life or his or her designee, to explain their reasonable suspicion that a campus policy violation has occurred or is occurring. The Vice President of Student Affairs or Director of Residence Life or his or her designee, will consider the facts and circumstances and may request/approve an administrative search, or deny permission to search the room.
- If the search is approved, the occupants shall be informed of the reason for the search, by whom the search was approved, and that any prohibited item may be seized.
- All items and materials discovered that violate the College’s housing contract and/or constitute a violation of the student code of conduct will be seized and inventoried. A report will be generated and forwarded to the Office of Student Conduct.
- Any illegal items and/or materials will be seized by the Department of Campus Safety for storage and/or disposal. Appropriate outside law enforcement agencies may be contacted if deemed necessary.
Student Records
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records. These rights are listed below:
- Students have the right to inspect and review their educational records within 45 days of the day the College receives a request for access.
- Students should submit to the Director of Records written requests that identify the record(s) they wish to inspect. The Director of Records will make arrangements for access and notify the student of the time and place where the records may be inspected.
- If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- A nominal fee may be assessed for copies of student records requested.
- Students have the right to request the amendment of their education records that they believe are inaccurate or misleading.
- Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write the College official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
- If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- Students have the right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
- One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including Security personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
- A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
- Parental rights of access to educational records depend on the student’s financial status, either dependent or independent. If the adult student is financially independent, parents have no right of access without the student’s consent. If, however, the student is a financial dependent, a parent/ guardian’s request for educational records is honored by York College.
- It is the student’s responsibility to clarify and document his/her financial status and acknowledge acceptance of the College’s disclosure policy upon admission and to update such information via the Records Office.
- Directory information is distributed without prior consent of the student. Directory information is defined as a student’s name, address, telephone number, e-mail address, date of birth, major field of study, dates of attendance, class year and degree, and awards received. However, students who do not wish such information to be released or made public may inform the Admissions Office, if a new student, or the Records Office, if a returning student, in writing by September 1 for the fall semester or January 15 for the spring semester.
- For further information on circumstances for release of records, and disclosure of information in College records, see below.
- Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by York College of Pennsylvania to comply with the requirements of FERPA. The address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4605
Student Grievance Process
Students who feel they have been mistreated by a College employee, Faculty member or Administrator may initiate a grievance. The purpose of these procedures is to provide students with the ability to express complaints of alleged injustices. Complaints should be resolved following the procedures listed below.
A grievance (Non-Academic or Academic) may be initiated in relation to one of the following:
- Misinterpretation or discriminatory application of policies and procedures.
- The misconduct of an employee of York College of Pennsylvania, including a student employee.
- To express complaints of alleged academic injustices relating to grades and/or professional conduct.
Procedure
Step 1. The student must go to the instructor or staff member where the alleged problem originated. An attempt will be made to resolve the matter equitably and informally at this level. If the student in not comfortable going to the instructor or staff member, they should proceed to step two.
Step 2. If the student is not comfortable going to the instructor or staff member, they may ask permission of the direct supervisor of the staff member or instructor to skip this step. The supervisor will determine if moving directly to step 2 is warranted based on the nature of the complaint, or if the staff member or instructor must first be consulted by the student.
Step 3. If the complaint is not resolved at the conference with the direct supervisor, the student may file a written grievance. This can be done by letter or York College email and should contain information listed below. The grievance must be presented to the Office of Student Affairs. The Office of Student Affairs will refer the grievance form to the chief administrative officer of the division. The chief administrative officer of the division shall respond.
Information to be submitted:
- Who the complaint is against
- The Department in which they work
- Date/Time/Place of incident/complaint
- Sate formal complaint or grievance (provide factual description of the complaint)
- Describe the incident (give a timeline of events leading up to the incident, list of persons involved and any witnesses):
- How have you attempted to resolve this situation or grievance?
- What specific actions or suggestions do you have for resolving this concern/incident/complaint/grievance?
Any additional concerns related to Student Life should be reported to the Student Development and Campus Life Office.
Title IX Grievance Procedure
If a grievance is not resolved properly or Title IX policies haven’t been implemented in accordance with the law, individuals may contact the YCP Title IX Coordinator.
Smoking Policy and Tobacco Products
York College is now a TOBACCO FREE, SMOKE FREE Campus (except for designated areas on campus).
For the health and well-being of our community members, 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.
Allegations of violations of this policy shall be directed to the Provost & Dean of Academic Affairs for faculty violations; the Vice President of Finance & Campus Operations for administration and staff members; and the Office of Student Conduct and/or the Dean of Student Development & Campus Life for student violations.
Student Rights & Responsibilities
Academic Freedom and Responsibility
All members of the College community have a right to free academic inquiry and expression. Neither acts of discrimination nor claims of alleged discrimination shall be used to abridge that right. All students are encouraged to participate in College academics without regard to race, color, creed, national origin, religion, sex, sexual orientation, age, handicap or social affiliation.
Students are free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for meeting the standards of any course of study in which they may be enrolled. Members of the faculty are solely responsible for establishing and maintaining the academic standards of the courses they teach. Students who strongly believe they have been evaluated unreasonably or with prejudice are free to bring the matter to the attention of the appropriate department chair, or if necessary, the Provost.
Behaviors or actions which disrupt the teaching and learning environment will not be tolerated. Any such behaviors will be addressed by the faculty member and/or the academic administration and may result in the temporary or permanent removal from the class/course.
Student Identification Cards
Student ID photo cards are required of all full-time and part-time students. Each student receives their first ID card for free during their first semester at the College. It is a four-year card and is necessary for use of the library, computer center, dining hall, student activities, the Grumbacher Sport and Fitness Center, athletic events, some residence facilities, identification purposes, etc. Carry it with you when on campus.
Student ID cards are to be presented or given to any College faculty, staff, or administrator upon request. Student ID cards are non-transferable. Students who provide their ID card to others may be found in violation of the Student Code of Conduct. Your ID card may be obtained during Orientation and the College’s opening days. In order to receive an ID card, or a replacement ID card, a student must present another form of picture ID and a printed College document bearing the name, address and student ID number.
To replace a lost, stolen, or broken card, students must pay a replacement fee. The first replacement will cost $10, the second replacement will cost $20, and the third (or more) will cost $30. Photo IDs are taken weekly during the academic year at the Campus Safety Office, located in Manor Northeast. In the event that a card is lost or stolen, the student should access their flex card account immediately (http://www.ycp.edu/flex/) to deactivate the card. Deactivating the card will prevent anyone from drawing any funds placed on the account. Once the card has been replaced, the student should again access their flex card account to reactivate the card. Once replaced, a lost or stolen card will no longer work and if found, should be brought to the Campus Safety Office for proper disposal.
Student Participation in Governance
As members of the academic community, students shall be free, individually and collectively, to express their beliefs on issues of institutional policy or matters of interest to the general student body and administration. The Student Senate shall be the representative body through which these expressions shall be made, as stated by The Constitution and By-Laws of the Student Senate.
Student Activity Fee & Student Association
All full-time students pay an activity fee which is used to support all Office of Student Activities and Orientation programming, as well as student organizations and the Student Senate. The Student Association is the term given to designate the full-time student body, that is, those who pay the activity fee. Part-time students may pay the activity fee at the Business Office during the College’s billing period(s) and become members of the Student Association, thereby becoming eligible for the same Student Activity Fund privileges as full-time students, including voting in all student elections.
Usage of Student Photos
York College reserves the right to publish any photograph taken on College property or at a College-sponsored event without the expressed written permission of those persons pictured in the photograph. Photographs may be published in print or electronic media sources produced, used, or contracted by York College for an unspecified amount of time. Photographs may be used in materials including but not limited to the following: view books, catalogs, handbooks, newsletters, magazines, television promotions, videos, and the York College website. Any student who does not want to be pictured in College materials may contact the Office of Communications in writing.
Disciplinary Problems in the Classroom
The student code of conduct indicates that students who disrupt the teaching and learning environment are subject to disciplinary action, which may include expulsion from a course for disruptive behavior. Faculty who experience difficulty with a student should notify the student in writing of their concern and warn the student that they are subject to expulsion from their course. Copies of this correspondence should be sent to the Offices of Academic Affairs and Student Affairs. If the problem continues, the faculty member may notify the student that they are no longer permitted to attend.
Guidelines for Human and Animal Research
York College subscribes to the ethical and appropriate treatment of animal and human subjects during research. All research or class projects involving human subjects and/or research with animals which involves any non-observational manipulation which is done by York College faculty or students, or is done using the facilities of the College, will be subject to review. The Institutional Review Board will review all research using human subjects and will provide application materials and research guidelines to the faculty (and students) on an annual basis.
Use of Personal Technology in the Classroom
While York College recognizes students’ need for educational and emergency-related technological devices such as laptops, PDA’s, mobile devices, etc. using them unethically or recreationally during class time is never appropriate. The College recognizes and supports faculty members’ authority to regulate in their classrooms student use of all electronic devices.
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