A decision made by a university conduct board may be appealed to the Vice President for Student Life & Dean of Students or designee. Decisions for a Conduct Conference may be appealed to the Community Standards Officer or designee. The implementation of sanctions will be deferred during the pendency of the review, unless the sanction of suspension or expulsion is imposed. In cases of suspension or expulsion, the student is immediately removed from campus pending the completion of the appeal process. Appeals may be based only on the following grounds:
material procedural error that likely would have significantly impacted the outcome of the hearing;
new relevant evidence to present that was previously unavailable and likely would have significantly impacted the outcome of a hearing; or
sanctions imposed were substantially disproportionate to the findings.
Procedures:
Within five (5) business days from the date the conduct decision is issued, the respondent shall submit a written statement to the Vice President for Student Life & Dean of Students or Community Standards Officer requesting review of the decision or sanction and detailing the grounds for appeal.
The Vice President for Student Life & Dean of Students may request additional information from the conduct board/officer or others, if deemed necessary in reviewing the appeal request and making a determination.
The Vice President for Student Life & Dean of Students or Community Standards Officer will typically decide the appeal within ten (10) business days.
If the Vice President for Student Life & Dean of Students or Community Standards Officer determines there was procedural error that likely would have significantly impacted the outcome of the hearing, the Vice President for Student Life & Dean of Students will order a new hearing before a new Conduct Board/Officer.
If the Vice President for Student Life & Dean of Students or Community Standards Officer determines that previously unavailable relevant information is presented that likely would have significantly impacted the outcome of the hearing, the Vice President for Student Life & Dean of Students or Community Standards Officer will ask the original Conduct Board/Officer to consider the information and render a determination after considering the new information.
If the Vice President for Student Life & Dean of Students or Community Standards Officer determines the sanction substantially disproportionate to the findings, the Vice President for Student Life & Dean of Students or Community Standards Officer may revise the sanction or order a new hearing before a new Conduct Board/Officer solely for the purpose of sanctioning.
The Vice President for Student Life & Dean of Students or Community Standards Officer will provide written notification (which may include by email) of the result of the appeal to the Respondent. The complainant, if any, will be notified to the extent consistent with law. All appeal decisions are final.
Sanctions
There are six primary conduct sanctions (Disciplinary Warning, Disciplinary Reprimand, Disciplinary Probation, Disciplinary Suspension, Disciplinary Deferred Suspension, and Expulsion) that are accumulative and kept in the student’s conduct file while a student and seven (7) years post departure with the exception of expulsion which is reflected on the student’s record permanently. Sanctions imposed in accordance with this Code of Student Conduct are applied to individual students, group of students, student teams, or student organizations for one to two semesters.
Failure to complete sanctions by their assigned due date and/or according to instruction may result in additional conduct proceedings; fines and/or the Vice President for Student Life & Dean of Students placing a Hold on the student’s University record which affects their ability to register for classes with the Registrar. The Vice President for Student Life & Dean of Students will lift the Hold once sanctions are completed as originally instructed. Violations of the Code of Student Conduct may result in appropriate sanctions from the university, unless specific and significant mitigating factors are present. Attempts to commit acts prohibited by this code may be sanctioned to the same extent as completed violations.
Students found responsible for violating the code of student conduct will receive one of the following sanctions.
Disciplinary Warning: Notice, orally or in writing, that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
Disciplinary Reprimand:A written reprimand for violation of specified regulations, including a warning that continuation or repetition of prohibited conduct may be cause for additional disciplinary action, including disciplinary probation.
Disciplinary Probation:A trial period during which a student must behave in a manner acceptable to the University. This period can include exclusion from participation in privileged or co-curricular institutional activities for a specified period of time. Additional restrictions or conditions may also be imposed. Violations of the terms of disciplinary probation, or any other violation of this Code of Student Conduct during the period of probation, may result in additional sanctions including suspension or expulsion from the university. Under the status of disciplinary probation, a student is encouraged to seek advice and counsel from appropriate university officials. Disciplinary probation status may also affect qualifications for some awards, prizes or financial aid, particularly those stipulating conduct acceptable to the university. Disciplinary Probation can affect a student’s ability to apply for or participate in GO Programs.
Disciplinary Suspension:Temporary separation from university premises, and other privileges or activities, as set forth in the suspension notice. Students who are suspended are not permitted to participate in any University activities, academic or non-academic, during the suspension timeframe. They may not take part in any official exercise, including commencement. Suspended students are not allowed on Susquehanna University’s premises during their suspension unless prior approval has been granted by the Vice President for Student Life & Dean of Students. Any request for the privilege of visiting Susquehanna during the suspension must be received in writing at least seven (7) business days prior to the requested date by the Vice President for Student Life & Dean of Students. Is should be understood that the submission of a request does not guarantee approval. The Vice President for Student Life & Dean of Students may require the student requesting the privilege meet prior to the date. Decisions regarding the request will be communicated to the student and appropriate university staff.
Disciplinary Deferred Suspension:A deferred suspension is a designated period of time during which a student, while continuing to be enrolled, is given an opportunity to demonstrate the ability to abide by the Standards of Conduct. A student may be placed on deferred suspension for serious misconduct or in the case of repeated misconduct. If the student is found responsible for any additional violation(s) of the Student Handbook while the student is on deferred suspension, then the sanction of suspension will be the minimum sanction that will be imposed in a University conduct process on the subsequent misconduct. Students who are placed on deferred suspension are also generally secondary sanctions.
Expulsion:Permanent termination of student status and exclusion from university premises, privileges and activities including, but not limited to: receipt of Susquehanna University degree, registration, class attendance, residence in university-owned housing and use of university facilities. A student who has been expelled is not eligible for readmission. Students expelled from Susquehanna University are not allowed on Susquehanna University’s premises and will receive a No Trespass Order from Campus Safety. Expulsion will be kept on file in the Student Life Office, will remain in the student’s conduct record permanently, and will be reflected on transcripts.
In addition to a primary sanction, students may also receive one or more of the following sanctions.
Restriction or Revocation of Privileges:The recommendation to withdraw a privilege, use of a service, participation in a program, event or activity for a specific period of time. The loss of privilege may prohibit participation in off-campus study (GO Program). Restrictions include, but are not limited to, University housing, registering or taking part in organizational or university social activities, participating in intramurals, collegiate athletics or University sponsored performances or ceremonies, holding leadership or membership roles in student groups and organizations, the use of a particular university facility, guest privileges or parking privileges.
Restitution:Repayment to the university or to an affected party for damages resulting from a violation of this code. Restitution can occur at any level.
Parental Notification: A letter or phone call notifying a parent or guardian of a dependent student (at the time notification is made) that they have committed a violation of law or university policy pertaining to drugs or alcohol or any violation that may result in suspension or expulsion from the University. (See Parental Notification Policy in this Handbook)
Educational Sanctions:Additional sanctions may be imposed instead of or in addition to those specified in sections (a) through (i) of this part. Service, research projects or educational programs or activities, including but not limited to, an educational seminar, a treatment program for alcohol or drug abuse or psychological assessments may also be assigned.
Fines:Fines or administrative fees may be imposed separately or in addition to any other sanction(s). The conduct officer or conduct board shall determine the amount of the fine. A fine requires a student or student organization to pay a sum of money. The fines listed below may be assessed at the discretion of the Dean of Students or their designee and are subject to change.
Fine Amount - Reason
$25 - Online Alcohol/Drug Educational Module
$50 - Failure to attend or cancel within 24 hours a scheduled appointment or assessment with the counseling center
$25 - Improper checkout fee: Failure to properly complete the break checkout form/closing procedures for residence hall rooms before vacating room for breaks
$50 or more - Failure to vacate the residence halls on time or returning early from a break without permission
$50 or more - Additional cleaning fees
Termination of Recognition: an order terminating university recognition of a registered student organization for a specific or indefinite period of time
Organization Accountability Plan: Organizations who accept responsibility or are found responsible may also be given an Organizational Accountability Plan, which is designed to educate the members of the organization and encourage their reflection on the organization’s campus community role. An accountability plan could include but is not limited the following items:
National/ International office and/ or Advisor notification
Fines, fees or restitution for loss, damages, or actual expenses incurred as a result of the organization’s behavior
Letter of apology to an individual, an entity, or organization impacted by the organization’s behavior
Social event restrictions which may include organizational events and processes
Removal of specific members or officers
Mandatory educational programming or workshops
Loss of privileges for a designated time, including housing, university space reservations, new member recruitment, activity participation and event attendance
Loss of University recognition
The sanctions below are guidelines and may be altered at the discretion of the conduct officer or conduct board or combined with sanctions listed elsewhere in the Code of Student Conduct. Harm to others or property are considered an aggravated violation and may increase a sanction level if found responsible. Sanctions may be modified based on the severity of the incident, the impact on the community and the student’s Student Conduct history.
Examples of behavior that falls into the above categories
Significant:alcohol possession, actions under the influence.
Serious:medical attention or hospital visit for alcohol reasons, arrest, behavior that negatively impacts the community.
Dangerous: serious medical attention required, arrest, vehicular accident while under the influence of alcohol.
The sanctions below are guidelines and may be altered at the discretion of the conduct officer or conduct board or combined with sanctions listed elsewhere in the Code of Student Conduct. Harm to others or property are considered an aggravated violation and may increase a sanction level if found responsible. Sanctions may be modified based on the severity of the incident, the impact on the community and the student’s Student Conduct history.
Significant
Serious
Dangerous
First Offense
Disciplinary warning/reprimand, parent notification, online educational module, other educational sanctions
Disciplinary reprimand/ probation, parent notification, educational sanctions, fines, assessment by a professional therapist
Examples of behavior that falls into the above categories
Significant: possession of drug paraphernalia without residue/evidence of drugs, misuse of prescription drug or over the counter medication or household products.
Serious: possession of, use of, or under the influence of a controlled substance.
Dangerous: repeated use of a controlled substance, irresponsible or unsafe behavior while under the influence of a controlled substance, sale or distribution of a controlled substance.
Conflict Resolution/Restorative Justice Dialogue
In some instances, interpersonal conflicts may arise where mediation may prove to be an alternative to disciplinary action. The purpose of the resolution process is to promote reconciliation or bring together parties who have a conflict for the purpose of resolving that conflict and effecting an agreement. The process is an attempt to repair the harm caused to involved parties and the community to the best of their ability, and work to reduce the risk of further violations by rebuilding positive connections to the community. This process also affords the opportunity for discussion of varying points of view and encourages individuals to come forward to seek resolution. After a shared dialogue, involved parties (rather than University officials) decide what steps the responding student can take to repair the harm. However, failure to reach an agreement or if one or more of the parties is no longer willing or able to participate, the incident will be resolved by the University conduct process. The final resolution by the parties can be upheld by the University conduct process. Parties to the agreement are responsible for upholding the terms of that agreement.
The following applies to the conflict resolution/ restorative justice process:
The resolution process is not intended to replace the judicial system. Rather, it affords an alternative for the resolution of interpersonal student or student organization conflicts.
Students or student organizations may bring to resolution any conflict that materially and negatively impacts their own status or that of other members of the university community. Any member of the university community may, likewise, refer students for resolution.
Resolution facilitators include members of the Student Life Division. Students or student organizations should contact the Dean of Students for an up-to-date listing of facilitators.
If a resolution process is to be implemented, all parties in conflict must agree to the process as an option to resolving their dispute. Resolution, when chosen as a means to settle conflict, must precede the judicial process. The judicial process, however, remains an option should resolution prove unsuccessful or if all parties do not agree to a resolution process.
If a resolution is reached which is agreeable to all parties in conflict, the terms will be drafted by the parties participating. The document will be signed by all parties, witnessed by the facilitator and kept on file in the Student Life Office for as long as the students are enrolled as students or the student organization continues to be recognized. Each party receives a copy of the agreement.
Details of the process are kept confidential except for a brief report from the facilitator to any referring party and the appropriate administrator(s) that an agreement has been signed by the parties. The mediator will also report to the above parties if an impasse is reached and no agreement is forthcoming. This permits further exploration of other options for resolution of the conflict. If, however, a threat to the health, safety or security of any member of the university community becomes a concern to the mediator, they will inform the parties that appropriate authorities must be notified.
Once an agreement has been finalized and signed, the option of bringing a charge through the conduct process is open to either party who becomes convinced that a term of the agreement has been breached by a participant in that agreement. In order to proceed, however, individuals must be continuing students. Another option for the resolution of a breach of a resolution agreement is to resubmit the conflict for a second resolution process. One party may request this, but all parties must agree. The revision or the redrafting of the agreement may be handled by the original facilitator or may be referred to another facilitator.
MEDICAL AMNESTY POLICY
When it comes to alcohol or drug-related medical emergencies, Susquehanna University recognizes the possibility that some students may be reluctant to seek assistance out of fear that they may face sanctions through the student conduct process. The University seeks to remove barriers that prevent students from seeking the medical attention they need.
When someone is in need of medical assistance due to alcohol and/or other drug use, individuals should always call 911 to contact trained medical emergency personnel.
Students who seek emergency medical assistance for themselves for potential health risks related to the use of alcohol and/or drugs will not be charged with violations of the Student Code of Conduct related to consumption of alcohol or other drugs.
Students who seek emergency medical assistance for someone else for potential health risks related to the use of alcohol and/or drugs will not be charged with violations of the Student Code of Conduct related to consumption of alcohol or other drugs, so long as the student remains with the other student until help arrives and fully cooperates with University and emergency officials. In this situation, the student for whom the call was made will not be charged with violations of the Student Code of Conduct related to consumption of alcohol or other drugs.
Student Organizations are required to seek immediate medical assistance for their members or guestswhen any potential health risk is observed, including medical emergencies related to the use of alcohol and/or drugs. If leadership of a recognized student organization seeks emergency medical assistance for someone attending the organization’s function because of potential health risks related to the attendee’s use of alcohol and/or drugs, then the organization will not be charged with violations of the Student Code of Conduct related to registered events or consumption of alcohol.A student organization that fails to seek assistance for a member or guest in need may be charged with violations of the Code Student of Conduct. It is paramount that organizations seek assistance in any emergency situation.In this situation, the attendee for whom the call was made will not be charged with violations of the Student Code of Conduct related to consumption of alcohol or other drugs.
Importantly, in the situations described above, while not resulting in official charges or sanctions, all students seeking or receiving amnesty from disciplinary action under this Policy must meet with a university official within the Division of Student Life. This meeting may result in required educational outcomes related to the health and wellness of involved students. Failure to complete the educational outcomes may result in disciplinary action.
Additional Amnesty Information:
This policy does not apply to students experiencing an alcohol or drug-related medical emergency who are found by University officials, including student staff, law enforcement officials, or individuals not associated with the University.
A student organization that fails to seek assistance for a member or guest in need may be charged with violations of the Student Code of Conduct. It is paramount that organizations seek assistance in any emergency situation.
Students are not limited to one use of this policy, as the expectation is students should always feel empowered to help those in need.
This policy is subject to the discretion of the Vice President for Student Life & Dean of Students who may decide to overturn amnesty based on the health and safety of the student(s) involved.
This policy does not preclude the University from taking disciplinary action for other Prohibited Conduct that may be associated with the incident and outlined in the Student Handbook, including but not limited to damage to property, supplying alcohol or other drugs, sexual misconduct, theft, harassment, or assault.
Students should be aware that the University does not control action taken by local or state law enforcement officials.
Notification of Conduct Outcomes and Sanctions to individuals other than Respondent
The outcome and sanctions of a conduct process are considered part of the educational records of the respondent(s) and is protected under FERPA, except under certain conditions.
Complainant’s Right to Receive Notification of Conduct Outcomes and Sanctions
As allowed by FERPA, when a student accepts responsibility for or is found responsible of a violation of the Code of Student Conduct that would constitute a crime of violence or forcible or non-forcible sex offense, Susquehanna University will inform the victim or party serving as complainant in the process in writing of the outcome of the conduct process.
FERPA defines “crimes of violence” to include:
Arson
Assault offenses (including stalking)
Burglary
Criminal Homicide-manslaughter by negligence
Criminal Homicide-murder and non-negligent manslaughter
Destruction/ damage/ vandalism of property
Kidnapping/ abduction
Robbery
Forcible sex offenses
Non-forcible sex offenses
Maintenance of Conduct Records
Student conduct records are maintained in a secure online file management system by the Office of the Dean of Students. In order to verify compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, all student conduct records are retained for seven (7) years after student’s last enrollment. These records are only released to the authorities to which information must be made available under federal and/or state law or as otherwise required or permitted by law. Generally, sanctions of disciplinary warning and reprimand are not reported unless specifically requested by the student.
Student Files and Degrees, Student File Encumbrances
In pending cases that could result in suspension or expulsion, a temporary encumbrance may be placed on a student’s records by the Vice President for Student Life & Dean of Students or designee.
Revocation of degrees
The university reserves the right to revoke an awarded degree for fraud in receipt of the degree or for serious conduct violations committed by a student prior to the student’s graduation.