POLICIES GOVERNING THE UNIVERSITY COMMUNITY

UNIVERSITY JUDICIAL SYSTEM

ARTICLE I: PREAMBLE

The University of Scranton, grounded in Roman Catholic and Ignatian traditions, strives to foster the fullest development of its students in an atmosphere of care and concern. Members of this University community are held to a high standard of behavior because of the nature of our enterprise - education and the development of students.

The procedures of the judicial system have been established to provide a means of adjudication commensurate with the skills and abilities of the participants. The judicial system is not a public court of law and, while many of the procedures resemble those of public criminal courts, it should not be viewed as duplicative of these courts. This does not, however, diminish the role that our campus judicial system plays in the proper adjudication of student violations of University policies.

The ability of our campus judicial system to carry out its duties effectively relies heavily upon the participation of all members of The University of Scranton. Active participation of students, faculty, and other employees on the University Review Board (URB) and other boards of the judicial system reflects a willingness to address the difficult issues brought before them.

The basic rules and regulations for student conduct are outlined in the Community Standards Code. These rules and regulations are enforced by the Vice-President for Student Affairs (VPSA) who has delegated certain responsibilities for the adjudication of disputes to the University Judicial System. Questions or concerns about this system should be referred to the VPSA.

ARTICLE II: DEFINITIONS

1. Advisor. A member of the University community, preferably a full-time faculty or professional staff member who advises a student throughout the judicial process.

2. Appellate Board. The Appellate Board will consist of three voting members chosen from the faculty and professional staff in the URB pool and one non-voting chairperson appointed by the VPSA from the administrative or professional staff within Student Affairs. The three voting members will include at least one professional staff and one faculty member.

3. Faculty Member. Any person hired by the University full time to conduct classroom activities or supervised clinical placements.

4. Judicial Body. Any person or persons authorized by the VPSA to determine, at the hearing level, whether a student has violated the Student Code and to decide sanctions.

5. Judicial Officer: A University official authorized by the VPSA to hear evidence and/or present evidence and/or impose sanctions upon students found to have violated the Student Code. The Judicial Officer's duties and responsibilities are specified in Article V of this policy.

6. May. "May" is used in the permissive sense.

7. Member of the University community. Member includes any person who is a student, faculty member, staff member, administrator, or any other person employed by the University. A person's status, as a student, in a particular situation shall be determined by the VPSA.

8. Organization. An organization is any University student team, club or organization.

9. Policy. Policy is defined as the written regulations of the University as found in, but not limited to, the Student Code, Residence Life Handbook, and Graduate/Undergraduate Catalogs.

10. Shall. "Shall" is used in the imperative sense.

11. Student. Student includes all persons taking courses at the University, both full-time and part-time, pursuing undergraduate, graduate, or professional studies and those who attend post-secondary educational institutions other than The University of Scranton and who reside in University residence halls. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the University are considered students. Student also includes student organizations.

12. Student Code. Student Code means any published policy, rule, or regulation of the University that governs student conduct.

13. University. University means The University of Scranton.

14. University Premises. University premises includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).

15. University Review Board (URB). The URB is the body that hears formal complaints. (The duties and responsibilities of the URB are defined in Article V Section C). The URB shall consist of two (2) students, two (2) faculty members, two (2) professional staff members, and one (1) either faculty or professional staff member. The URB Chairperson shall be selected by a majority of the members and must be either a member of the faculty or professional staff.

16. Vice President for Student Affairs (VPSA). The VPSA is that person designated by the University President to be responsible for the administration of the Student Code.

ARTICLE III: JUDICIAL AUTHORITY

1. The Judicial Officer shall develop policies for the administration of the judicial program and procedural rules for the conduct of hearings that are not inconsistent with provisions of the Student Code.

2. Decisions made by a judicial body and/or Judicial Officer shall be final, pending the normal appeal process.

3. A judicial body may be designated as arbiter of disputes within the student community in cases that do not involve a violation of the Student Code. All parties must agree to arbitration, and to be bound by the decision with no right of appeal.

ARTICLE IV: PROSCRIBED CONDUCT

A. Jurisdiction of the University

Generally, University jurisdiction and discipline shall be limited to individual student conduct and student organization conduct which occurs on University premises or off University premises that adversely affects the University Community and/or the pursuit of its objectives. For purposes of this policy subsequent references to student shall also include student organizations.

B. Conduct - Rules and Regulations

Any student found to have committed any misconduct as defined by the Community Standards Code of this manual or any other published policy, rule or regulation of the University is subject to the disciplinary sanctions outlined herein.

C. Violation of Law and University Discipline

1. University disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of the Student Code, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under the Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus. University disciplinary action will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.

2. When a student is charged by federal, state or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the Student Code, however, the University may advise offcampus authorities of the existence of the Student Code and of how such matters will be handled internally within the University community. The University will cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators.

ARTICLE V: JUDICIAL PROCESS

A. Complaint, Investigation, and Charges

1. Any member of the University community may file a complaint against any student or student organization for misconduct. The complaint shall be prepared in writing by the complainant and directed to the Judicial Officer responsible for the administration of the University judicial system. When the complainant is the University, the Judicial Officer will not act as the complainant. The VPSA will appoint a person to serve as the complainant for the University. Any complaint should be submitted as soon as possible after the event takes place, preferably within ten (10) class days. In sex-offense cases, the complaint may be filed at any time while both students are attending the University.

2. The Judicial Officer arranges for a preliminary investigation to determine if the complaint has merit and if charges should be filed. This determination should be made within ten (10) class days, if possible.

3. All charges shall be presented to the accused student in written form; the complainant shall receive a copy of the charge(s) and the written response of the accused.

B. Advisor

It is strongly advised that the complainant and the accused have either a faculty or professional staff member as an advisor. Family members and attorneys may not serve as advisors. Failure to secure an advisor is not cause for an appeal. A student may secure names of advisors trained in University policies from the Judicial Officer. An advisor may accompany the student to any meeting with the Judicial Officer, URB and Appellate Board, including the informal and formal hearings.

C. Resources Available

It is strongly advised that the accused and the complainant access the services of the University: Counseling Center, Campus Ministry, Office of Student Affairs, Center for Health Education and Wellness, and other relevant offices. Failure to use University resources that are available is not cause for an appeal.

D. Summary Disposition

The terms of the Student Code should not be construed to prohibit disposition of summary offenses as outlined in the Summary Violation Disposition Report. Summary offenses are minor student conduct policy violations usually resolved by a Judicial Officer through the imposition of fines and, in certain cases, community-service hours.

E. Hearings [Ordinarily, all cases involving a minimum sanction of suspension shall be heard by the URB].

1. 1. Informal Hearing:

   1. After meeting with both parties individually, the Judicial Officer determines whether the charges can be disposed of administratively by mutual consent of the parties in a manner acceptable to the Judicial Officer. Such administrative disposition, if agreed to in writing by both parties, shall be final and there shall be no subsequent proceedings.

   2. If the charges cannot be disposed of by mutual consent, there will be a formal hearing of the matter.

2. 2. Formal Hearing:

   A formal hearing shall be conducted by a judicial body in the form of either a seven (7) person panel referred to hereinafter as the "University Review Board" (URB) or a Judicial Officer determined by the Vice President for Student Affairs (VPSA). The Judicial Officer shall determine which members of the URB pool will serve on a particular URB. Although the University has a preference for a URB disposition, the VPSA shall decide which judicial body will preside over a formal hearing given concerns of the circumstances, timeliness or complainant. When multiple Judicial Officers have been designated, appointment to a particular hearing shall be by random selection. When the complainant is the University, the Judicial Officer will not act as the complainant. The VPSA will appoint a person to serve as the complainant for the University.

   Formal hearings shall be conducted by the judicial body according to the following guidelines:

   1. Hearings shall be conducted in private. No one is admitted to the hearing unless specified in the policy. Any questions, of attendance, shall be resolved by the Judicial Officer in consultation with the URB Chairperson when applicable.

   2. In hearings involving more than one accused student, the URB Chairperson, at his or her discretion, may permit the hearings concerning each student to be conducted separately.

   3. The complainant and the accused have the right to be assisted by any advisor (as described in Article V. Section B.) they choose from within the University community.

   4. Neither family members nor attorneys may serve as advisors nor be present during formal hearings with either the URB or Judicial Officer.

   5. At least forty-eight hours prior to the hearing, both the complainant and the accused must give to the Judicial Officer the names of their advisors and witnesses, summary statements of their witnesses’ testimony and copies of other relevant materials. A witness is a person who has information relevant to the case and should be present at the hearing. Character witnesses or character-witness statements are not allowed. Copies of these documents will be made available in the Student Affairs Office no less than 24 hours before the hearing. It will be the responsibility of URB members and each party to pick up these copies at the Student Affairs Office when they have been made available or to make other arrangements to receive the copies. Extension to these time frames must be requested in writing to and approved by the VPSA.

   6. The Judicial Officer presents the charge(s) and the results of the investigation at the hearing. The accused admits or denies the charge(s).

   7. Questions for the University Review Board: Throughout this process both parties may give to the URB Chairperson one or more questions to be asked of a witness(es) or of the other party, the complainant or the accused. The Advisor(s) shall be allowed the opportunity to suggest questions to his/her advisee. It is within the discretion of the Chairperson whether to ask the question(s).

   8. Presentation of Evidence: The URB Chairperson has final discretion as to the presentation of evidence. The accused student is asked to comment upon the evidence presented by the Judicial Officer and to present any additional evidence, including witnesses. The complainant may re-examine evidence against the accused in view of the statements made by the accused or his or her witnesses. The accused may reexamine evidence provided by the complainant in view of statements made by the complainant or his or her witnesses.

   9. Relevant records, exhibits and written statements may be accepted as evidence for consideration by the URB at the discretion of the URB Chairperson.

   10. All procedural questions are subject to the final decision of the URB Chairperson.

   11. Summary Statement: The Judicial Officer, the complainant, and the accused will have the opportunity at the close of evidence to make summary statements. Advisors may make summary statements at the discretion of the URB Chairperson.

   12. Within 72 hours, the URB shall determine, by majority vote, whether the student has violated each section of the Student Code which the student is charged with violating.

   13. The URB's determination shall be based on the preponderance of evidence, that is, whether it is more likely than not that the accused student violated the Student Code.

   14. A summary of the accused's disciplinary history is shared with the URB in the sanctioning phase of a hearing. Thus, the URB receives such a summary only if a finding of culpability is rendered.

   15. The URB Chairperson shall communicate in writing to the Judicial Officer the findings of the URB and the rationale for the decision concerning culpability, including what evidence and testimony influenced the decision. A copy shall be provided to both the complainant and the accused.

3. No verbatim record, such as a tape recording, shall be made of any hearing by any party or the University. Participants, however, may take notes, which shall be their own property.

4. No student shall be found to have violated the Student Code solely because the student fails to appear before the URB. In all cases, the evidence in support of the charges shall be presented and considered.

F. The Rights of a Complainant (Once charges have been filed within the University judicial system, the term complainant will be used to refer to the student filing the complaint.)

The complainant has the following rights during disciplinary proceedings conducted by the University.

1. The right to be informed of and have access to available University resources.

2. The right to an explanation of the options of redress which are available.

3. The right not to be harassed by the accused or acquaintances or supporters of the accused and the right not to have contact with the accused.

4. The right to initiate a University judicial hearing without unnecessary delay.

5. The right to testify on her/his own behalf.

6. The right to present witnesses who can speak to the charges. Although the student has the right to present witnesses at the hearing, character witnesses are not allowed.

7. The right to have an advisor who can advise the complainant throughout the judicial process. The advisor shall be a member of the University community, preferably a full-time faculty or professional staff member. A list of advisors trained in the University judicial system may be obtained from the Office of Student Affairs.

8. The right to remain present during the entire disciplinary hearing with the exception of the deliberation phase when neither the accused nor the complainant may be present.

9. The right to be informed immediately of the outcome of the hearing.

10. The right to appeal the outcome of the hearing. (See Section I)

G. The Rights of the Accused

A student accused of misconduct within the judicial system has the following rights.

1. The right to be informed of and have access to available University resources.

2. The right to be presumed innocent.

3. The right to an explanation of the charge(s).

4. The right not to be harassed by the complainant or acquaintances or supporters of the complainant.

5. The right to an explanation of the University judicial system.

6. The right to have an advisor who can advise the accused throughout the judicial process. The advisor shall be a member of the University community, preferably a full-time faculty or professional staff member. A list of advisors trained in the University judicial system is available from the Office of Student Affairs.

7. The right to a University judicial hearing without unnecessary delay.

8. The right to testify on her/his own behalf.

9. The right to present witnesses who can speak to the charges. Although the student has the right to present witnesses at the hearing, character witnesses are not allowed.

10. The right to be informed immediately of the outcome of the hearing.

11. The right to appeal the outcome of the hearing. (See Section I)

H. Sanctions

Students or student organizations who violate the Student Code may face one or more of the following sanctions and actions. In addition, the student may also be required to attend counseling or advising sessions.

1. Payment of Fines. This is recorded in the student's file in the Student Affairs Office until graduation and then removed.

2. Payment of Restitution. This is recorded in the student's file in the Student Affairs Office until graduation and then removed. All restitution must be paid within three months of the hearing date. Students who have been suspended will not be readmitted until restitution is made. No transcripts will be released from the University until restitution is made.

3. Performance of Supervised Work Detail or Community Service for a Specified Length of Time. This is recorded in the student's file in the Student Affairs Office until graduation and then removed.

4. Disciplinary Warning. This is given for minor misconduct as a warning that further misconduct will not be tolerated. Any student found culpable of a violation of this Rights and Responsibilities document will face disciplinary warning as a minimum sanction. This is recorded in the student's file in the Student Affairs Office until graduation and then removed.

5. Disciplinary Probation. This is given for a stated period of time for serious misconduct or in the case of repeated minor misconduct. Any subsequent violations of this Rights and Responsibilities document by the student may result in suspension or expulsion from the University. Probation may include such restrictions as denial of the opportunity to participate in intercollegiate athletics, to perform in the name of the University, to serve as an officer of a student organization, or to reside in University housing. The action is recorded in the Student Affairs Office though not reflected on transcripts. It also becomes a part of the student's record located in the Registrar's Office. Disciplinary records are maintained for one year following graduation.

6. Suspension. This is given for serious misconduct when it is believed that the student should be temporarily removed from the University community. Suspension may be for the remainder of a semester or for no more than four semesters. Suspension is recorded permanently in the Student Affairs Office and in the student's record in the Registrar's Office. No other course work taken at another institution during the suspension period may be transferred to the University of Scranton at any time. Suspension is the minimum sanction for finding of culpability in a sexual assault case.

7. Expulsion. This is given for very serious misconduct or for misconduct by a student who has previously been suspended when it is believed that a student should be permanently removed from the University community. An expelled student is not eligible for re-admission. Expulsion is permanently recorded in the Student Affairs Office and in the student’s record in the Registrar's Office.

G. Appeal of URB Decision

1. A decision and sanction reached by the URB or an applicable sanction imposed by the Judicial Officer may be appealed on the basis of the grounds listed below. Appeals can be initiated by the accused students or complainants and/or the Judicial Officer. Written appeals must be received by the VPSA within five (5) class days of the decision and must explain on what grounds an appeal is warranted. If class is not in session, the appeal must be received within five (5) business days. If an appeal is requested by the accused, complainant or Judicial Officer, a written copy of the appeal will be presented to the other parties.

2. An appeal must be based on one or more of the following grounds:

   1. A substantial procedural error occurred prior to or during the hearing that unreasonably impaired the URB's ability to render a fair decision.

   2. The decision reached was not based on substantial evidence.

   3. New evidence, sufficient to alter a decision, or other relevant facts not available at the time of the original hearing.

   4. Inappropriateness of the sanction(s) imposed. For violations having a minimum sanction, an appeal cannot be requested based solely on the appropriateness of the sanction. A minimum sanction can be reduced only when the decision of culpability has been reversed.

3. All appeals will go to the Appellate Board for disposition. The Appellate Board will accept or reject the appeal on the basis of the written appeal submitted. If the Appellate Board believes the appeal has merit the Appellate Board will examine the findings and rationale of the URB's decision and all documents available to the URB and interview persons with information pertinent to the appeal. The Appellate Board should not substitute its judgment for the URB . The Appellate Board will either affirm the decision of the URB or remand the case. If an appeal is based on "procedural error" or on the grounds that the decision reached was not based on substantial evidence, the Board may remand the case to either the original board or a new board. If an appeal is based on new evidence or inappropriateness of the sanction, the Appellate Board must remand the case to the original board. If the Appellate Board remands the case to a URB, the procedures outlined under Article V. Section E. 2., Formal Hearing, apply. The decision and the reason for the decision of the Appellate Board will be provided in writing to the VPSA, the board that heard the case, when appropriate, the complainant and the accused.

H. Appeal of Appellate Board Decision

1. The accused may appeal to the VPSA the decision of the Appellate Board if the sanction is expulsion. The appeal must be made in writing within five (5) class days of written notice from the Appellate Board. The decision of the VPSA in such an appeal is final. The complainant will be notified of the appeal and the decision of the VPSA.

2. The accused or the complainant may appeal to the VPSA the decision of the Appellate Board if it can be shown that bias or failure to follow its own procedures occurred in the Appellate Board's handling of the original appeal. In either case, the VPSA must receive an appeal in writing within five (5) class days of written notice from the Appellate Board. If the VPSA affirms the appeal, the VPSA can remand back to the original Appellate Board or to a new Appellate Board. The decision of the Appellate Board is final. Both parties will be notified of the appeal and the results of the appeal.

ARTICLE VI: PUBLICATION OF DISPOSITIONS

The University hereby reserves the right to publish the disposition of all charges, without the names of the students involved, in the campus news publication. Normally this would take place after the appeal process is complete.

ARTICLE VII: INTERPRETATION AND REVISION

Any question of interpretation regarding the Student Code shall be referred to the VPSA or his or her designee for final determination.

LOCAL AUTHORITIES

Should any students of the University find themselves under arrest by the police of the City of Scranton or any other locale, the following procedure will be followed in all cases:

1. The Executive Assistant to the Vice President for Student Affairs, Dean of Student Life, or the Vice President for Student Affairs or their legitimate delegate, will handle all matters with the police department whenever the assistance of the University is requested by a student;

2. Should any student call the University to request the assistance of a Counselor in these matters, the Counselor will always notify the Student Affairs Office of the student’s needs.

OFF-CAMPUS BEHAVIOR POLICY

The University reserves the right to review student misconduct which occurs off campus when such behavior reflects upon the integrity of the University. Offcampus misconduct cases of this nature are investigated by the Executive Assistant to the Vice President for Student Affairs and/or the Department of Public Safety and subsequently reviewed within the University Judicial system. In particular, students are reminded that it is a violation of University policy to sponsor a party in a non-University owned property which results in a neighborhood disturbance. A disturbance of this nature may involve activity at the actual site of the party (e.g., loud stereo or conversation levels) or activity on the part of the guests, who are either arriving at or leaving the party (e.g., strewing the neighborhood with litter; making obscene or rude comments to neighborhood residents; fighting; generating noise disturbances).

REFUND POLICY FOR DISCIPLINARY DISMISSAL

A student who has been suspended or expelled from the University may make a written request for reduced charges for tuition, room and board fees. Such a request is directed to the Vice President for Student Affairs. (Note should be taken that the student may not demand a refund as a matter of right.)

A tuition refund granted to a suspended or expelled student will be made in accordance with the refund policy published in The University of Scranton Undergraduate Catalog. In addition, federal and state refund policies will be utilized to determine where the refund should be directed. The effective date used for this type of tuition refund will be the date on which a suspension or expulsion was agreed to at the informal hearing level or was imposed at a formal hearing (including completion of the appellate process). A tuition refund cannot be granted to a student who is suspended or expelled after the last date for a partial refund, as published in the University refund schedule.

Room and board charges will be refunded to a suspended or expelled student on a pro-rata basis. The effective refund date will be the date after which a suspended or expelled student is no longer entitled to use housing and dining services after the adjudication of his/her case. The Office of Student Affairs will determine this date. All other fees will be forfeited with no refund.

If a student receives a sanction of suspension or expulsion after the last day for a refund as outlined in the University refund schedule, the Vice President for Student Affairs will determine whether the student will be allowed to complete the term before the expulsion or suspension takes effect. This determination will be made on the basis of the magnitude of the offense(s) and the student’s history with the University judicial system. A student allowed to complete a term must finish all course work as scheduled within the term. Faculty will be consulted to determine if a grade of "W" or "F" will be assigned to uncompleted courses. It should be noted that the term would officially end on the day of his/her last final examination.

If a suspended or expelled student is not allowed to complete an academic term and the sanction takes effect during the course drop/refund period, no courses or grades will appear on the student's transcript for the term. However, if a suspended or expelled student is not allowed to complete an academic term and the sanction takes effect after the end of the drop/refund period, course faculty will be consulted to determine if a grade of "W" or "F" will be assigned for each course. In both cases, a comment of "Administrative Withdrawal" or "Administrative Leave" will appear on the transcript to denote ceased attendance for the term.