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Student Code of Conduct & Student Conduct Procedures

Contents

Preamble

Article I:  Freedom from Discrimination Policy
Article II:  Student Advocate
Article III: Definitions
Article IV: Administration of the Student Code of Conduct
Article V: Conduct
Article VI: Drug and Alcohol Policies
Article VII: Sex Discrimination, Sexual Harassment, Sexual Violence and Title IX Policy
Article VIII: Violation of Law and Student Conduct Procedures
Article IX: Student Conduct Code Procedures
Article X: Sanctions
Article XI: Interpretations and Revision

Preamble:

Washington and Jefferson College is dedicated to the intellectual and ethical development of every student and promotes an environment for students that enhance the educational and developmental opportunities for individuals to grow into well-rounded, educated and responsible persons.  The purpose of the Student Code of Conduct is to maintain a campus that builds character through learning, maturity, leadership and integrity.  The educational environment is enhanced for all students when there are clear standards of behavior. To this end any conduct that is found to be detrimental or disruptive to this environment or to the persons included in this environment will be found in violation of the Student Code of Conduct and will be subject to the disciplinary process. 

As community members at Washington and Jefferson College, students should:

  • Take responsibility for personal behavior and challenge others to consider their behavior towards others and the community when appropriate
  • Respect the individual differences in others
  • Work, study and perform duties on and off campus with integrity 

All students in the W&J College community are considered adults and will be treated with respect. Students are expected to take responsibility by acting in accordance with the policies of Washington & Jefferson College, local, state, and federal laws.

Article I: Freedom from Discrimination Policy

Washington & Jefferson College (W&J) is committed to fostering and maintaining a campus community environment free of bias and discrimination. Discrimination on the basis of race, ethnicity, gender, gender identity, religion, physical or mental disability, age, sexual orientation, or religious beliefs is considered a violation of W&J's Code of Conduct, which is applicable to all campus community members---including students, faculty and staff members. In addition, certain types of discrimination may violate federal, state, and local laws. The College will not tolerate conduct that violates: 1) its code of conduct; 2) any other College policy; 3) any applicable law or regulation, whether federal, state or local; 4) or that otherwise creates an environment which is not conducive to a living-learning community. Any individual who engages in such conduct will be subject to discipline on the grounds of such conduct.

Some forms of speech that may be offensive to some members of the College community may not lawfully be punished under this policy. As an academic institution, we believe in democratic education and academic freedom. While an individual may feel uncomfortable with certain academic content or speech, no one should feel unsafe. Therefore, this policy is intended to provide guidelines for members of the College community and is not intended to confer any contractual rights or obligations. The law supersedes College policy to the extent that any provision in this policy is or may be interpreted to be inconsistent with the requirements of Pennsylvania state or federal law. The College will adhere to the applicable law.

Washington & Jefferson College is committed to fostering ethical and moral values that are consistent with its mission. Among the central values of the College is the inherent dignity of every individual as well as the right of each person to hold and to express his or her viewpoint. When these views conflict it is the obligation of members of the community to respect other perspectives.

The College welcomes students, faculty, staff, and visitors from diverse backgrounds, and it works to ensure that they will find the College environment free of discriminatory conduct. It is unacceptable - and a violation of College policy - to harass, abuse, or discriminate against any person because of age, race, gender, gender identity, ethnicity, sexual orientation, religion, or disability.

Members of the W&J community affected by hate-motivated offenses are strongly encouraged to report these incidents. Such offenses can be reported to a variety of offices on campus including: Office of Community Standards, Student Life, and Campus and Public Safety.

Reporting hate-motivated offenses does not in itself constitute a formal complaint nor compel one to file a formal complaint of misconduct. However, it does allow those affected by such violations to have a support system and an avenue for recourse.

Article II: Student Advocate (formally Ombudsperson)

The Student Advocate is a member of the Washington & Jefferson College faculty who meets with students who wish to discuss alleged violations of the Student Code of Conduct or other related community standards. The Student Advocate serves as a source for objective and confidential discussions about the process of adjudicating student conduct violations, and when requested by the student, the Student Advocate may attend campus hearings.

The Student Advocate may also:

  • Assist students to prepare for a hearing 
  • Help students understand the student conduct process, possible sanctions, and the appeal process.
  • The Student Advocate may also help students understand relevant legal considerations, such as:
    • The role of advisors in campus hearings
    • The difference between campus hearings and legal proceedings of the Commonwealth of Pennsylvania
    • The availability of legal resources for students (note: the College is not responsible for securing or providing legal representation for students).
      • The Student Advocate will not provide legal advice.

The Student Advocate is informed of all changes to the Student Code of Conduct and is invited to attend all hearing training sessions. The Student Advocate generally serves a one year term and is appointed by the Vice President and Dean of Student Life in consultation with the Vice President for Academic Affairs.  The Vice President and Dean of Student Life may appoint additional Student Advocates under the following circumstances:

  • Administrative necessity, such as when the sitting Student Advocate is unavailable to serve, when multiple parties in a conflict seek the resources of an Student Advocate, or when the case itself presents a conflict of interest for the sitting Student Advocate.
  • In instances in which a student requests that a particular faculty or staff member serve in this role, or when the Vice President and Dean of Student Life believes another faculty or staff member may be well suited to address the unique needs of the student(s) seeking help (such as issues of cultural understanding and cultural difference involving international students, for example).

The Vice President and Dean of Student Life will consult with the Vice President for Academic Affairs on temporary or case-by-case appointments.  Special appointees to the Student Advocate position will receive an orientation to the role from the Vice President and Dean of Student Life, or their designee.

Article III: Definitions

  1. The term “College” means Washington and Jefferson College.
  2. The term "student" includes all persons taking courses at the College, either full-time or part-time. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of their acceptance for admission are considered "students" as are persons who are living in Campus Housing, although not enrolled in this institution. This Student Code of Conduct applies at all College owned property.
  3. The term "organization" means any number of persons who have complied with the formal requirements for College recognition. This is to include athletic teams and Greek organizations.
  4. The term "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks).
  5. The term "policy" means the written regulations of the College as found in, but not limited to, the Student Code of Conduct, Residence Life Handbook, the College web page(s) and computer use policy.
  6. The term "faculty member" means any person employed by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.
  7. The term "College Official" includes any person employed by the College, performing assigned administrative or professional responsibilities.
  8. The “Director of Community Standards” is the person designated by the Vice President and Dean of Student Life to be responsible for the administration of the Student Code of Conduct.
  9. The term “designee” refers to any College Official who is assigned or appointed by the Vice President and Dean of Student Life or the Director of Community Standards to perform a duty or function that requires immediate need or attention or is best suited for the role in which the College Official is responsible.
  10. The term “Complainant” means any person who submits a charge alleging that a student violated this Student Code. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code of Conduct as are provided to the Respondent, even if another member of the College community submitted the charge itself.
  11. The term “Respondent” means any student accused of violating this Student Code.
  12. The term “witness” refers to an individual who was witness to a violation of a code of conduct or who is in defense of a Complainant or Respondent. 
  13. The term “advisor” refers to an individual selected by the Claimant or Respondent who is a member of the Washington and Jefferson College Community who assists the Claimant or Respondent through the Conduct process.  This person may not be an attorney.  The advisor may not address the panel and must remain silent throughout the hearing.
  14. The term “mediation” refers to mutual discussion between parties involved in a student conduct matter. If successful, its end result is the resolution of said matter and cannot be reversed.
  15. The term “Preliminary Hearing” refers to a meeting between a Respondent and a Hearing Officer in which the Student Conduct charges, sanctions and appeals process are discussed. 
  16. The term "Hearing Officer" refers to a College official authorized by the Director of Community Standards to coordinate and conduct hearings on a case-by-case basis and to impose sanctions upon any student(s) found to have violated the Student Code of Conduct.
  17. The term " Student Conduct Board" means any person or persons authorized by the Director of Community Standards to determine whether a student has violated the Student Code of Conduct at a Student Conduct Hearing and to recommend to the Director of Community Standards sanctions that may be imposed when a rules violation has been committed.
  18. The term “Student Conduct Hearing Administrator” refers to a College official authorized by Director of Community Standards to facilitate Student Conduct Hearings. The Administrator does not take part in deliberations of the Student Conduct Board but informs the board of important facts surrounding case and offers clarity regarding protocols and consistency during this important phase of Student Conduct Hearings.
  19. The term “Organizational Conduct Board” refers to any person or persons authorized by the Director of Community Standards to determine whether a College organization has violated the Student Code of Conduct at an Organizational Conduct Hearing and to recommend to the Director of Community Standards sanctions that may be imposed when a rules violation has been committed.
  20. The term “Appeals Board” refers to the person or persons authorized by the Director of Community Standards to reject or uphold appeals made regarding decisions and/or sanctions imposed on a Respondent or Student organization
  21. The term “Hazing” is defined as doing any act or coercing another person to do any act of initiation into any organization that causes, or creates a risk of causing, psychological or physical harm to any person. Hazing includes actions or situations that could or do result in mental, emotional, or physical discomfort, embarrassment, ridicule, or endangerment whether intentional, for fun, or by consent. Hazing is also coercing another person to violate any College policy. Obvious examples of hazing include but are not limited to: Whipping, paddling, or beating; forced calisthenics; exposure to weather; forced or required consumption of any food, liquor, beverage, drug, or any substance; any brutal or cruel treatment; and, any activity which subjects any student or other person to ridicule, mental stress, or undue physical endurance are examples of hazing. Administrators, faculty members, and all other employees of the College should be alert to possible situations, circumstances or events, which might include hazing.

Article IV: Administration of the Student Conduct Code

  1. The Director of Community Standards maintains the appropriate Student Conduct Process and proceedings as outlined below.
  2. The Director of Community Standards is responsible for the training and organization of the Student Conduct Board, Organizational Conduct Board, Appeals Board and for determining its proceedings and membership.
  3. The Director of Community Standards shall develop policies for the administration of the student conduct system and establish procedures for Student Conduct proceedings that are consistent with provisions of the Student Code of Conduct.
  4. Decisions made by a Student Conduct Board, Organizational Conduct Board and/or Hearing Officer shall be final, pending students’ rights to appeal.
  5. When applicable to matters of Student Conduct members of the Student Life office and/or Campus and Public Safety Staff may search a student room, athletic locker, or other College property in use by a student when it appears that College policies may have been violated. In such cases, the Vice President of Student Life or designee, upon hearing the initial evidence, will issue a letter authorizing a search.

Article V – Conduct

Washington and Jefferson’s Student Code of Conduct shall apply to conduct that occurs on College premises, at College sponsored activities, and to off campus conduct that adversely affects the College Community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Director of Community Standards shall decide whether the Student Code of Conduct shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion.

Contents

A.     Student Code of Conduct Violations
B.     Abuse of the Student Code and Student Conduct Proceedings
C.    Acceptable Use Policy for Technology
D.     Academic Dishonestty
E.     Disrespect for Persons
F.     Disrespect for Property
G.     Disruption or Obstruction of College Activities
H.     Hazing
I.      Health and Safety
J.     Search Protocol
K.     Solicitation
L.     Conduct at Public Events On or Off Campus
M.     Persistent Infractions
N.     Insubordination

A.  Student Code of Conduct Violations

  1. Violation of any College policy, rule, or regulation published in hard copy or available electronically on the College website.
  2. Violation of any federal, state or local law.
  3. Conduct deemed unsuitable at W&J, including conduct which results in a negative reflection on the campus community

B.  Abuse of the Student Code of Conduct and Student Conduct Proceedings

  1. Failure to obey the summons of a Hearing Officer, Organizational Conduct Board or the Student Conduct Board.
  2. Falsifying, distorting, or misrepresenting information before a Hearing Officer, Organizational Conduct Board or the Student Conduct Board.
  3. Disrupting or interfering with the orderly conduct of any Student Conduct proceeding.
  4. Attempting to discourage an individual's proper participation in, or use of, the Student Conduct process at any time.
  5. Attempting to influence the impartiality of a member of the Student Conduct Board, Organizational Conduct Board at any time during the Student Conduct process.
  6. Any harassment (verbal or physical) and/or intimidation of a member of the Student Conduct Board, Organizational Conduct Board or the Hearing Officer.
  7. Failure to comply with the sanction(s) imposed
  8. Influencing or attempting to influence another person to commit an abuse of the Student Conduct system. 

C.  Acceptable Use Policy for Technology

  1. Any unauthorized use of electronic or other devices to make an audio or video record of any person without their knowledge or without their consent when such recording is likely to cause injury or distress.  This includes taking pictures, using phone apps, using computers, or any other electronic, social media or capturing equipment
  2. Additional policies regarding the use of technology can be found here:http://wiki.washjeff.edu/display/hd/Acceptable+Use+Policy

D.  Academic Dishonesty

  1. Acts of Academic dishonesty that are considered violations of the Student Code of Conduct include but are not limited to cheating, plagiarism, furnishing of false documentation to any staff or faculty member, forgery or alterations to any document, record or instrument of identification. 
  2. Additional explanations and policies related to Academic Dishonesty may be found on in the College Catalog or at:  http://www.washjeff.edu/college-catalog

E.  Disrespect for Persons

  1. Endangering, threatening, harassing or causing physical harm to any person or causing reasonable apprehension of such harm.
  2. Engaging in harassment based on race, ethnicity, gender, gender identity, religious affiliation, ability or sexual orientation.
  3. Engaging in sexual assault, defined as any form of sexual contact with another person without the consent of that person.
  4. Engaging in behavior that is disruptive of the living and learning environment of the campus, including but not limited to creating excessive noise and damages.
  5. Conduct that is disorderly including but not limited to, conduct on College premises or at functions sponsored by, or participated in by, the College.
  6. Students hosting guest(s) are responsible for informing their guest(s) of all policies and will be held responsible for the behavior of their guest(s).

F.  Disrespect for Property

  1. Attempted or actual theft, damage to, alteration of, and/or misuse of property, including but not limited to the property and grounds of the College or property of a member of the College community.
  2. Unauthorized possession, duplication or use of keys to any College premises, or unauthorized entry into or use of College premises. This includes unauthorized or unwanted entry into another student's room, as well as inappropriate entry into restrooms, rooftops and other restricted areas.
  3. Possessing property that is not one’s own, without the owner's permission.
  4. Causing or contributing to litter on College grounds, properties or in College buildings, including misuse of campus recycling equipment.

G.  Disruption or Obstruction of College Activities

  1. Disrupting or obstructing teaching, research, administration, or other College activities, including its public-service functions on or off-campus, or other authorized non-College activities. Interfering with normal College or College-sponsored activities, including but not limited to studying, teaching, research, College administration, or fire, police or emergency services.
  2. Participating in a campus demonstration which infringes on the rights of other members of the College community, or leading or inciting others to disrupt scheduled and/or normal activities within any campus building.
  3. Obstructing the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions. This includes but is not limited to parking illegally on or driving on, grass or walkway areas.
  4. Breach of peace, or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College.
  5. Concealing one's identity individually or collectively for the purpose of avoiding the consequences of illegal, irresponsible or inconsiderate behavior.
  6. Furnishing false information to any College official, Faculty member, or office.
  7. Forging, altering, or misusing any College document, record, or form of identification.
  8. Failing to comply with directions of College employees acting in the performance of their duties and/or failure to properly identify one-self to these persons when requested to do so.

H.  Hazing

No student may plan, encourage, or engage in hazing. This policy applies to both individuals and organizations. 

It is the policy of Washington & Jefferson College that hazing activities of any type are inconsistent with the College mission and are prohibited at all times.

All hazing activities should be reported immediately to any College Official including but not limited too; the Vice President and Dean of Students, the Director of Fraternity and Sorority Life, the Director of Residence Life, the Director of Community Standards. 

Students violate this policy if they do not report incidents of hazing or potential hazing. Administrators, faculty members, students, and all other employees who fail to abide by this policy may be subject to disciplinary action and may be liable for civil and criminal penalties in accordance with federal, state, and local laws.

I.  Health and Safety

  1. Possession or use of explosives, firearms, other weapons, dangerous chemicals or objects intended to be perceived as explosives, firearms, weapons or chemicals on College property, including in an automobile, or at events sponsored or supervised by the College or by recognized College organizations is prohibited.
  2. This includes, but is not limited to, fireworks, air pistols, air rifles, BB guns, pellet guns, paintball guns, brass knuckles, slingshots, knives, martial arts weapons, blasting caps, ammunition or other objects carried for the purpose of injuring or intimidating. Violations under this section also include the irresponsible possession or careless and dangerous use of these or any other object in such a way as to threaten or endanger any person or property. Any items confiscated by Campus and Public Safety pursuant to this policy will be disposed of appropriately according to Campus and Public Safety procedures.
  3. All residential facilities are protected with fire detection equipment which is connected directly to Campus and Public Safety and the Washington Fire Department.  All residents should acquaint themselves with the emergency escape plan of the residence hall and will participate in fire drills throughout the academic year.  All fire doors are to be kept closed at all times.
  4. Should a fire alarm sound, all residents and guests must evacuate the facility immediately. Residents will be permitted to re-enter the facility when the appropriate safety personnel clear and re-open the building after thorough inspection. Failure to vacate a facility may result in College sanctions and/or fines from the City and/or the College. The College reserves the right to not levy a fine and will determine in each case the appropriate action. In the event that the alarm was pulled falsely and no individual student or group is found responsible, fines/charges may be divided among the residents of the floor or building for tampering with fire safety equipment. Disciplinary sanctions may also be considered.
  5. Misuse of fire safety equipment is a violation of the College Fire Safety Policy and is strictly prohibited. This includes but is not limited to:
  6. Tampering with, covering or removing smoke detectors, fire alarms, fire extinguishers, exit signs or other fire safety equipment
  7. Breaking pull station or fire extinguisher covers, unless the situation warrants such action.
  8. Pulling and/or unnecessarily causing a false fire alarm to be pulled

Violations of the College Fire Safety Policy will result in disciplinary sanctions. Sanctions will vary based on the nature and frequency of the offense.

  1. Smoking is not permitted in campus buildings and may not occur within 20 feet of the entrance to campus buildings. Cigarette butts and other trash associated with smoking must be disposed properly.
  2. Falsely pulling a fire alarm is illegal as is phoning a false report to 911, intentionally initiating or causing to be initiated any false report, warning or threat of fire or other emergency, and arson or starting a fire or providing the conditions where a fire is likely to occur or continue.
  3. Creating a safety hazard, including throwing objects in, at, or out of College buildings is prohibited.
  4. Accessing residence hall and other College building roofs or ledges is not permitted.
  5. All emergency and medical forms are required to be completed prior to a student moving in.

J.  Search Protocol

In situations where drugs and/or drug paraphernalia, weapons, or other dangerous or potentially dangerous items are found in plain view, Sworn Campus Police Officers with the assistance of Campus Security Officers under the direction of the Sworn Campus Police Officers may perform a room search within legal limits. An Administrator on Call staff member will be present for all room searches. 

If the College receives a report of a potential policy violation, particularly a violation of the College’s drug, health and safety, and/or weapons and explosive materials policies, the Vice President and Dean of Student Life or his/her designee may authorize a search verbally or in writing.  An Administrator on Call staff member must be present for such a room search.  Only Sworn Campus Police Officers with the assistance of Campus Security Officers if necessary, can perform room searches.                                                       

Campus and Public Safety has a Student Consent Form for room searches that are used when students consent to the room search. A room search may also be conducted when a student gives verbal consent to a Campus Police Officer with an Administrator on Call staff member present.  Seeking student permission to conduct a room search is a courtesy; if a student declines a room search it can still take place as it is ultimately College property. 

K.  Solicitation

No person or group may engage in selling or solicitation of any kind on campus without prior clearance from the Office of Student Activities, Involvement and Leadership. This includes, but is not limited to, door-to-door solicitation, posters, commercial stuffing of mailboxes, emails solicitation, selling of goods, products or services. 

L.  Conduct at Public Events On or Off Campus 

When the College holds an event open to the public, the students and the public may not bring alcohol to that event. Students are also expected to conduct themselves in accordance with College policies at public events on or off campus.

M.  Persistent Infractions

Any individual who is found to be responsible in violating the Student Code of Conduct on multiple occasions.  This includes violating the same policy multiple times or violating differing policies multiple times.

  N.  Insubordination  

A student is charged with insubordination when he/she disobeys, disrupts, ignores or becomes disorderly to a directive or action given/taken by a college official to act, respond, or provide information that is to the benefit of the situation, process, students, staff and/or faculty. 

Article VI: Alcohol and Drug Policies

1.      Alcohol

  A.    Alcohol Policy

Washington & Jefferson College is subject to the laws of the Commonwealth of Pennsylvania. Consumption, purchase, possession, or transportation of any alcoholic beverages by people under the age of 21 is prohibited. It is also unlawful for any person to knowingly provide alcoholic beverages to anyone under the legal drinking age of 21. Students are expected to obey the law and to take responsibility for their own conduct. In addition, the College maintains the following regulations regarding alcohol:

  1. The consumption of alcoholic beverages or the possession of open containers of alcohol are prohibited in public areas of the College, specifically including, common areas, porches, campus housing lounges, athletic facilities and outside grounds. Neither students nor the public may bring alcohol to any event that is open to the public.
  2. Alcoholic beverages may only be served at "closed" social functions in compliance with College policy and state law. "Closed" functions are by written invitation only.
  3. Students may not drink alcohol from water bottles, squeeze bottles, beer bongs, pitchers, tumblers, shot glasses or other containers in which alcohol is not sold in.
  4. Drinking games such as beer pong or any other game that requires an individual to drink alcohol are prohibited. 
  5. Alcoholic beverages may not be included in organized membership recruitment activities.
  6. The advertising, promotion, and sale of alcohol are prohibited.
  7. Individual students and student organizations are responsible for their conduct, and the conduct of their guests and for promoting compliance with Pennsylvania laws and College policy.
  8. Violations of the alcohol policy may result in disciplinary actions through the Student Code of Conduct.
  9. Regardless of any prior approval, the College may withdraw approval for any campus event or activity if the event or activity becomes unsafe, disruptive, or creates an environment conducive to violations of College policy or Pennsylvania law.

Social event guidelines for fraternity and sorority events are available from the Office of Fraternity and Sorority Life. Consistent with national fraternity and sorority standards, the College does not permit organizations or individual students to have common source containers of alcohol including but not limited to kegs and keg distribution devices (e.g. Beer Meister) on campus for any reason.

It is recommended that any organization considering an event involving alcohol formulate and implement a program to increase alcohol awareness and prevent alcohol misuse for its members and guests.

A.    Alcohol Emergency Amnesty Law

The state of Pennsylvania has an alcohol emergency amnesty law ("Good Samaritan" law). The alcohol amnesty law provides "immunity from prosecution for a person under the age of 21 for the possession or consumption of alcoholic beverages if law enforcement, including campus safety police, became aware of the possession or consumption solely because the individual was seeking medical assistance for someone else. The person seeking the assistance must reasonably believe he or she is the first to call for assistance, must use her/his own name with authorities, and must stay with the individual needing medical assistance until help arrives."

B.     Educational Resources and Treatment Options

There are a number of resources available on and off campus to provide alcohol education or assistance with alcohol concerns:

  • Counseling Services are available to address individual concerns, provide assessments and referrals for treatment off campus, and to provide information and education about alcohol use.
  • TIPS Training: Contact Ashley Broskey, Director of Fraternity and Sorority Life
  • The Health Center is available to assist individuals with situations involving alcohol that affect the physical well-being of a student.
  • The Washington CARE Center, 724-222-7150
  • Washington Hospital Emergency Room, 724-223-3085
  • Alcoholics Anonymous, 724-225-4188
  • Narcotics Anonymous, 24 hour crisis line – 888-251-2426

C.    Websites of Interest:

    Drugs

In accordance with state and federal laws, it is illegal for students to possess, use or sell illegal drugs, and to abuse or distribute prescription drugs. Included in these categories are: opiates, barbiturates, amphetamines, marijuana, hallucinogens, illegal steroids, date-rape drugs, and other illegal or prescription drugs. Not only is it unlawful, but the presence, use and abuse of these drugs within the College are contrary to the intellectual and educational purposes for which the College exists. Indeed, possession of these substances may well be an indication that the student is not constructively engaged in academic endeavors. Individuals arrested for selling drugs or found to be in possession of significant quantities shall be subject to immediate suspension pending final disposition of the case in the College student conduct process. If the student is subsequently found guilty by the College, she or he may be expelled from Washington & Jefferson College.

Use or abuse of illegal and controlled substances is a violation of College regulations. Students violating this policy should expect disciplinary action, which may include suspension from the College. Subsequent violations may result in suspension or expulsion.

The possession of paraphernalia, making no distinction between whether it has or has not been used for its intended purpose, is prohibited. Therefore, students are not permitted to possess hookahs, water pipes or bongs, and/or pipes designed to smoke tobacco alternatives.

Student Life staff members are available to provide counseling or referral services to students with concerns about drugs or alcohol use.

A.    Psychoactive Drugs

Criminal Penalties for the use and possession of illicit drugs, along with illegal use of prescription drugs, vary greatly. Possession of a larger amount of a drug will typically result in criminal charges of distribution, leading to much stiffer penalties. Some examples of criminal penalties:

  • A criminal record for drug possession automatically results in the loss of federal financial aid for one year.
  • A criminal record for drug possession may prevent professional licensing and/or certification.
  • Possession of up to 30 grams of marijuana-- up to 30 days in prison, $500 in fines.
  • Possession of any controlled substance, such as heroin-- up to 1 year in prison, $5000 in fines.
  • Possession of 5+ grams of cocaine-- 5-20 years in prison, $1000 in fines.
  • Manufacture, distribution, importation of any designer drug, such as ecstasy - up to 20 year in prison and $250,000 in fines 

B.     Educational Resources and Treatment Options

  • Narcotics Anonymous, 24 hour crisis line – 888-251-2426
  • National Council on Alcoholism and Drug Dependence (NCADD):  http://ncadd.org/

Article VII:  Sex Discrimination, Sexual Harassment, Sexual Violence and Title IX Policy and Procedures

Contents

1.      Definitions
2.      Reporting - Who You Should Contact
3.      Options For Resolution
4.      Statement on Privacy
5.      Education and Trainings
6.      Annual Reporting

Washington & Jefferson College is committed to maintaining a learning, working and living environment free from all forms of sex discrimination, sexual harassment and sexual violence.  Sex discrimination, sexual harassment and sexual violence are specifically prohibited by Washington & Jefferson, as is retaliation for having brought forward a concern or allegations under this policy.

1.      Definitions

a. “Sex discrimination” means differential treatment based on sex.

b.  “Sexual harassment” is defined as unwelcome sexual advances, request for sexual favors, or other visual, verbal or physical conduct of a sexual nature when:

 c.  Submission to such conduct is made either implicitly or explicitly a term or condition of an individual’s employment or student status in a course, program or activity; or

 d.  Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or

 e. Such conduct has the purpose or effect of interfering with an individual’s work or educational performance; or creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one’s ability to participate in or benefit from an educational program or activity.

Sexual harassment includes “Sexual Violence” which is defined as any physical sexual act perpetrated against a person’s will or where that person is incapable of giving consent due to drug or alcohol use, or due to intellectual or other disability.  Sexual violence includes but is not limited to rape, sexual assault, sexual battery and sexual coercion (the act of using pressure or force to have sexual contact with someone who has already refused).  It is a violation of this policy to have sexual contact with any member of the community without that person’s clear and voluntary consent, or where that person is incapable of giving consent.

Sexual harassment can occur between members of opposite sexes and/or members of the same sex.  Although sexual harassment often involves a supervisory relationship or teacher/student relationship, sexual harassment can also be committed by a student against a faculty member, by an employee against a supervisor, by an employee against a peer employee, or by a student against another student.

Under federal, state and local laws (including without limitation Title IX of the Education Amendments of 1972), the College has an affirmative duty to address the issue of sexual harassment; to devise and adopt appropriate procedures for maintaining an atmosphere free of sexual coercion or intimidation; and to investigate claims of sexual harassment.  This policy is intended to implement this mandate, and represents the College’s commitment to take prompt, effective steps to address sexual harassment by stopping the harassment, preventing its recurrence, and addressing its effects.

All members of the College community are expected to take reasonable measures to prevent and discourage any sexual harassment from occurring.  Prevention should, in particular, be a guiding concern for all involved in any proceedings under this policy.  Any faculty member, student, staff employee, vendor or visitor found to have violated this policy by engaging in conduct constituting sexual harassment will be subject to appropriate disciplinary and/or corrective action, which may include expulsion from school or termination of employment.

Retaliation is Strictly Prohibited

No person will be retaliated against in any way for initiating an inquiry or lodging a complaint in good faith regarding sex discrimination, sexual harassment or sexual violence.  Any conduct constituting retaliation is a violation of this policy and is equally subject to disciplinary action under it.  Any person subjected to conduct perceived as retaliation for initiating an inquiry or lodging a complaint in good faith regarding sex discrimination, sexual harassment or sexual violence should promptly report all relevant information to one of the responsible individuals identified below.

2.      Reporting: Who You Should Contact

a. Title IX Coordinators. 

         i. If you believe you are a victim of some form of sex discrimination, sexual harassment and/or sexual violence, the College’s Title IX Coordinator and Deputy Coordinators are available to provide information to you about the processes under this policy for dealing with such concerns and complaints, and also to provide information about other resources that may be available to you.  The Title IX Coordinator is also responsible for overseeing the processing of complaints of alleged sex discrimination, sexual harassment and sexual violence brought forward under this policy, and for identifying and addressing patterns of alleged sex discrimination, sexual harassment/violence and systemic problems.

           ii. The following individuals serve as the College’s Title IX Coordinator and Deputy Coordinators, and are available to speak with anyone who wishes to bring forward a concern or complaint under this policy:

Title IX Coordinator:

Robert Allison
Director of Human Resources
Washington & Jefferson College
60 S. Lincoln Street
Washington, PA 15301
(724) 250-3539
rallison@washjeff.edu 

Deputy Title IX Coordinators:

Charles Hannon
Associate Dean of the Faculty
Washington & Jefferson College
60 S. Lincoln Street
Washington, PA 15301
(724) 503-1001, Ext. 6004
channon@washjeff.edu 

Justin Dandoy
Director of Community Engagement
Washington & Jefferson College
60 S. Lincoln Street
Washington, PA  15301
(724) 503-1001, Ext. 3086
jdandoy@washjeff.edu 

Ketwana Schoos
Assistant Dean of Student Life for Inclusive Campus Engagement
Washington & Jefferson College
60 S. Lincoln Street
Washington, PA  15301
(724) 503-1001, Ext. 3540
kschoos@washjeff.edu 

Kaley Wood
Human Resources Specialist
Washington & Jefferson College
60 S. Lincoln Street
Washington, PA  15301
(724) 503-1001, Ex. 3012
kwood@washjeff.edu 

Deputy Title IX Coordinator for Athletics:

Jina DeRubbo
Senior Women’s Administrator, Athletics
Head Women’s Basketball Coach
Washington & Jefferson College
60 S. Lincoln Street
Washington, PA 15301
(724) 503-1001, Ext. 3326
jderubbo@washjeff.edu

b. Campus Police:

         i.  Victims of sexual violence may contact Campus and Public Safety 24 hours a day at 724-223-6032 or by dialing 911 from a campus phone. Calling 911 from a cell phone will route calls to a Washington County 911 dispatcher who will appropriately route calls from there. Other resources include:

Student Health & Counseling Services: 724-223-6107
Washington Police Department: 724-223-4200
East Washington Police Department: 724-222-2929
Washington Hospital: 724-225-7000
Southwestern Pennsylvania Human Services  CARE Center: 1-888-480-7283
Washington County Crisis Line – 724-379-6093

c. Confidential Resources:

         i.  There are also confidential resources available on campus.  Those confidential sources include counselors and psychologists in the employee assistance program and student health services.  Because the content of discussions with confidential resources is not reported to other offices on campus, such discussions do not serve as notice to the College to address alleged sexual discrimination, sexual harassment and/or sexual violence under this policy.

d. Contacts:

           i.  Student Health and Counseling Center 724-223-6107
           ii.  Student Health Services   724-223-6047
           iii.  Employee Assistance Program 1-800-327-7272 

3.      Options for Resolution

Individuals making reports of alleged sexual discrimination, sexual harassment or sexual violence will be informed about options for resolving potential violations.  These options include informal dispute resolution, referral to other College offices or programs (where appropriate), formal investigation pursuant to this policy, and availability of resources outside the College process. 

Complainants will be informed about the range of possible outcomes, including interim protections, remedies for the individual harmed by the alleged misconduct, and disciplinary actions that might be taken against the accused as a result of the report, including information about the procedures leading to such outcomes.

In the handling of inquiries and complaints under this policy, the College will protect confidentiality to the extent consistent with the College’s legal obligations to take all reasonable steps to conduct an effective investigation of claims and to protect the welfare of the College community.

a) Procedures for Informal Resolution

The College encourages informal resolution when the parties desire to resolve the situation cooperatively.  Informal resolution may include an inquiry into the facts, but typically does not rise to the level of a formal investigation.

Informal resolution includes, but is not limited to, options such as referral to another campus office or program, mediation, separation of the parties, referral of the parties to counseling programs, conducting targeted educational and/or training programs, or other remedial measures.  Situations that are resolved through informal resolution are usually subject to follow-up after a period of time to assure that resolution has been implemented effectively.  Steps taken by the Title IX Coordinator or Deputy Title IX Coordinators to help the parties achieve informal resolution will be documented.

Some reports of alleged sex discrimination, sexual harassment or sexual violence may not be appropriate for informal resolution, but may require a formal investigation at the discretion of the Title IX Coordinator.  Also, the Office for Civil Rights of the U.S. Department of Education has taken the position that mediation is not an appropriate mechanism for resolution in cases of alleged sexual assault.

b) Procedures for Formal Investigation

In response to reports of alleged sex discrimination or sexual misconduct in cases where the complainant does not wish to engage in informal resolution, where informal resolution is not appropriate, or in cases where attempts at informal resolution are unsuccessful, a formal investigation will be conducted.  In such cases, unless a written complaint has already been submitted, the individual making the report (here termed the “Complainant”) shall file a written, signed complaint containing the relevant allegations against a person (here termed the “Respondent”).  The written complaint shall be submitted to the Title IX Coordinator or one of the Deputy Title IX Coordinators.  The Title IX Coordinator and/or a Deputy Title IX Coordinator will manage this process.

The following general principles and procedures shall govern this process:

1.  All persons concerned are to be treated with respect and impartiality.  Procedures are to be fair, both in substance and in perception, to all persons concerned, to the various constituencies, and to the College community.

2.  The Title IX Coordinator shall appoint an investigator or investigators and shall inform the complainant and the respondent of their identity and shall provide the respondent with a copy of the written complaint.

3.  Persons called upon to investigate allegations of violations of this policy will be thoughtfully chosen and properly trained.  The individual(s) conducting the investigation shall be familiar with this policy, and shall have had training and/or experience in conducting investigations.

4.  The investigator shall conduct a thorough investigation of the allegations in the complaint with a view to (a) determining whether any conduct alleged in the complaint did occur in the manner and circumstances alleged or otherwise; and (b) to the extent that alleged misconduct did occur, determining whether the conduct constitutes sexual discrimination, sexual harassment and/or sexual violence.

5.  The investigation generally shall include interviews with the parties, interviews with other witnesses as needed, and a review of relevant documents as appropriate.  Disclosure of facts to non-party witnesses shall be limited to what is reasonably necessary to conduct a fair and thorough investigation.

6.  The investigator shall give both the complainant and the respondent an opportunity to be heard, to provide documentation and other evidence to the investigator, and to suggest the names of other persons who they believe may have relevant information.  The investigator shall make equally available to both the complainant and the respondent the documentation in the investigator’s possession that the investigator regards as relevant to the complaint.

7.  At any time during the investigation, the investigator may recommend that interim protections or remedies be provided by appropriate College officials.  These protections or remedies may include (but are not limited to) separating the parties, placing limitations on contact between the parties, or making alternative workplace or student housing arrangements.  Failure to comply with the terms of interim protections may be considered a separate violation of this policy.

8. The investigation shall be completed as promptly as possible and in most cases within 60 working days of the date the written complaint was received.  In the event that an investigation cannot be completed within 60 working days, the parties shall be notified in writing.

9.  After concluding the investigation, the investigator shall record his/her findings and recommendations in a written report.  In making findings, the investigator shall use a “preponderance of the evidence” standard (which means it is more likely than not that a violation has occurred).  The investigator’s recommendations may include, but are not limited to, educational programs, counseling/coaching, remedies for the complainant, and/or a referral to applicable campus disciplinary procedures, if and as appropriate.  The written report shall be submitted to the Title IX Coordinator, who shall inform the complainant and the respondent of the completion of the investigation and will provide a copy of the investigator’s written report to each of them.

10.  The Title IX Coordinator shall evaluate the findings and recommendations of the investigator(s) and recommend appropriate action, based on that evaluation, in accordance with the provisions of this policy and other applicable College policies and procedures.  The Title IX Coordinator’s evaluation and recommendations shall be submitted to the appropriate vice president(s) of the units where the complainant and respondent are located.  Final decisions with respect to actions to be taken will be made by the appropriate vice presidents.

11.  The Title IX Coordinator’s recommendations may be communicated in writing to both the complainant and the respondent.

12.  Appropriate sanctions and corrective actions will be implemented on a case-by-case basis for violations of the College’s policy against sex discrimination, sexual harassment and sexual violence.  The College also will take appropriate steps to prevent recurrence of any sexual harassment and to remediate its effects on the complainant and others in the campus community, if appropriate.

13.  No person shall make an allegation that he or she knows to be untrue or knowingly provide false information during the course of an investigation.  Making a false complaint or giving false information is a violation of this policy and may be a basis for discipline, up to and including expulsion from school or termination from employment.

Additional Points Relevant to Complaints of Alleged Sexual Discrimination, Sexual Harassment, or Sexual Violence Brought Against a Student.

The Student Conduct Board may accommodate concerns regarding the personal safety, well-being and/or peace of mind of the Complainant, Respondent, and/or any witness(es) during the Hearing by providing separate facilities, by using a visual screen, and/or by permitting participation via telephone, videophone, video conferencing, videotape, audio tape, written statement, or other means, where and as determined by the Director of Community Standards , in consultation with the Title IX Coordinator.

Both the Respondent and Complainant will be informed of the College's findings and judgments, including the determinations of any violations of the College’s policy on sexual misconduct.

If found responsible, the Respondent will be subject to sanctions based on the findings and severity of the incident as deemed appropriate by the Director of Community Standards, Hearing Officer, or Student Conduct Board.  In cases where it is determined that a violation of the sexual misconduct policy has occurred, student disciplinary action may range from the reprimand of counseling and/or probation, to school suspension or expulsion. All decisions concerning sanctions are made on a case-by-case basis based upon the specific findings in a particular investigation.

After any report of an alleged sexual assault, W&J College reserves the right to change the housing assignment of the accused student, limit/restrict access to campus events, limit/restrict access to campus facilities, and/or execute an interim suspension to ensure the safety of all students involved until the issue is resolved.

While the Complainant and the Respondent have the right to seek a review of the decision imposed by the Director of Community Standards, Hearing Officer or the Student Conduct Board, the original decision remains in place until the Student Conduct process is completed.

As with any Student Conduct Hearing for an alleged policy violation, W&J College affirms that the Complainant and the Respondent are entitled to the same opportunities to have equal unbiased support to ensure all parties are given equal opportunity to present their side of the incident.

4.      Statement on Privacy

The College recognizes and respects the sensitive nature of incidents that revolve around the issues of sexual assault and sexual harassment.  The College will make every effort to protect the privacy of those involved and will comply with all applicable state and federal privacy laws concerning student and health information.

However, the College cannot guarantee absolute confidentially when the College is obligated to disclose information to any government agency or when protecting confidentially compromises the College’s ability to protect the rights of other members within the campus community.

 5.      Education and Training

Washington & Jefferson College’s ongoing, campus wide initiative to educate all members of the college community about policies and procedures regarding sex discrimination, sexual harassment and sexual violence and about Title IX includes the dissemination of policies and procedures through email and website announcements, information provided in recruitment advertisements, and information provided in the college catalog.  Information is provided to all new students at new student orientation and all students are notified about the College’s policies regarding sex discrimination, sexual harassment and sexual violence during the first week of classes.  Training is likewise periodically conducted for faculty and staff members regarding Title IX rights and responsibilities.

 6.      Annual Reporting

The Title IX Coordinator and Deputy Coordinators are responsible for maintaining records relating to reports, investigations and resolutions of complaints of alleged sexual harassment and sexual violence.  Records shall be maintained in accordance with College records policies, generally for at least six years after the date of final resolution of the complaint.  Records may be maintained for longer periods of time at the discretion of the Title IX Coordinator in cases where one or more of the parties have a continuing affiliation with the College.  All records pertaining to threatened or pending litigation or a request for records shall be maintained in accordance with instructions from College legal counsel.  Requests for information should be directed to the Title IX Coordinator.

Article VIII - Violation of Law and Student Conduct Code

  1. College conduct proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code of Conduct (that is, if both possible violations result from the same factual situation). Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus at the discretion of the Director of Community Standards.

          a.  Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to       change due to criminal charges arising from the same facts giving rise to violation of College policies were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

      2. When a student is charged by federal, state or local authorities with a violation of law, the College 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 being processed under the Student Code of Conduct, the College may advise off campus authorities of the existence of the Student Code of Conduct and of how such matters are typically handled within the College community. The College will attempt to 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 (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Article IX - Student Conduct Code Procedures

 Contents

  1. Charges and Student Conduct Proceedings    
  2. Interim Suspension   
  3. Appeals   

 Charges and Student Conduct Proceedings

Any member of the College community may file charges against a student for violations of the Student Code of Conduct. A charge shall be prepared in writing and directed to a Director of Community Standards. Any charge should be submitted as soon as possible after the event takes place, preferably within five (5) business days. 

In cases that result in a Hearing (Preliminary, Student Conduct or Organizational Conduct) the technical rules of evidence applicable in criminal court shall not apply.  Decisions shall be made on a more likely than not preponderance of evidence.  Below outlines the proceedings for the Code of Conduct.

1.      Preliminary Hearing:

A Hearing Officer will meet with the Respondent(s) in a Preliminary Hearing.  The Hearing Officer may conduct an investigation to determine:

  1. If the charges constitute a violation of the Student Code of Conduct
  2. If they can be resolved by mutual consent of the parties involved and on a basis acceptable to the Hearing Officer.

The Hearing Officer may also impose sanctions appropriate towards the charges.  If a resolution is met between the parties involved or sanctions imposed by the hearing officer are agreed upon with the respondent than the matter shall be considered final and have no subsequent proceedings. 

If charges are not admitted and/or cannot be disposed of by mutual consent the Hearing Officer may later serve in the same matter as the Student Conduct Board or member thereof.

If the Respondent admits to violating institutional policy but does not agree to sanctions assigned to them, a subsequent hearing will be necessary to determine appropriate sanctions. 

Cases not resolved within the Preliminary Hearing will be forwarded to the Student Conduct Board. During the Preliminary Hearing, the Hearing Officer will explain the procedures for cases heard the Student Conduct Board. The Respondent has the right to have their case heard before the Student Conduct Board.  The student will be asked to present their choice in writing.

In some cases, where applicable and at the discretion the Hearing Officer, the Claimant and Respondent may be provided the opportunity to resolve the charges through mediation.  The Hearing Officer may refer a matter to mediation in cases where expulsion or suspension from the College is not contemplated as a sanction and where there are no pending charges in any criminal court. Mediation is only an option when the student parties involved agree to enter into a formal mediation process. (In cases where there is no agreement among the parties about seeking mediation, formal disciplinary procedures will be employed.) The results of a mediation conference do not become part of a student's official disciplinary record but a record is kept of the findings and agreements reached.

2.      Student Conduct Hearing: 

  1. All charges shall be presented to the Respondent in written form. A time shall be set for a Student Conduct Hearing, not less than five (5) nor more than fifteen (15) calendar days after the student has been notified initially. Maximum time limits for the scheduling of Student Conduct Hearings may be extended at the discretion of the Director of Community Standards.
  2. The Student Conduct Board may convene with one College staff member, one College faculty member, one enrolled undergraduate W&J student, and one Student Conduct Hearing Administrator. A minimum of three members including the Administrator and one enrolled undergraduate W&J student must be present in order to hold a Student Conduct Hearing.  In the event that the Student Conduct Board cannot be convened due to time constraints or recognized College closures or breaks the  Director of Community Standards may appoint an emergency Student Conduct Board consisting of one  student and one faculty or staff member and one Student Conduct Hearing Administrator to serve in place of the standard Student Conduct Board in order to expedite a hearing.
  3. The Student Conduct Board shall be selected and approved by the Director of Community Standards.  Student Board members are volunteers and interested participants through SGA.  A minimum of two Students and a maximum of four students will be selected.  The best and most reasonably attainable Student representation of Athletics, Greek Life, sophomores, juniors, seniors and other student based populations will be selected as Student Conduct Board members.  Staff and Faculty are selected based on least opportunity of bias.  All Board members will be trained on the Student Conduct Process, adjudication methods, procedures and functions. 
  4. Student Conduct Hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by Section g, below:

                                      i. Student Conduct Panel Hearings shall be conducted in private.

                                    ii. The Complainant, Respondent and their advisors, if any, shall be allowed to attend  the entire portion of the Student Conduct Hearing at which information is received (excluding deliberations). Admission of any other person to the Hearing shall be at the discretion of the Student Conduct Hearing Administrator.

                                  iii.  In Student Conduct Hearings involving more than one Respondent, the Director of Community Standards, in his or her discretion, may permit the Student Conduct Hearings concerning each student to be conducted either separately or jointly.

                                  iv. The Complainant and the Respondent have the right to be assisted by an advisor of their choosing.  Advisors may be a member of the W&J community but may not be an Attorney.  The Complainant and/or the Respondent shall be responsible for presenting his or her own information and, therefore, advisors shall not speak nor participate directly in any Student Conduct Hearings before a Student Conduct Board. A student should select as an advisor a Washington and Jefferson community member whose schedule allows attendance at the scheduled date and time for the Student Conduct Hearing; delays shall not be allowed due to the scheduling conflicts of an advisor.

                                    v. The Complainant, the Respondent and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board.   The Complainant and Respondent may arrange for the attendance of potential witnesses who:

  1. Are members of the College community
  2. Are identified by the Complainant and/or Respondent at least five (5) business days prior to the Student Conduct Hearing
  3. Are approved by the Hearing Officer. Witnesses shall provide information to and answer questions from the Student Conduct Board.

                                 vi. Questions may be suggested by the Respondent and/or Complainant to be answered by each other or by other witnesses with such questions directed to the Student Conduct Hearing Administrator rather than to the witness, Complainant or Respondent directly. This method preserves the educational tone of the Hearing and discourages an adversarial environment. Questions as to whether certain information shall be received at the Hearing shall be resolved at the discretion of Student Conduct Hearing Administrator. Character witnesses shall not be permitted to testify at the Hearing.

                                vii. Pertinent records, exhibits and written statements may be accepted as information for consideration by a Student Conduct Board at the discretion of the Student Conduct Hearing Administrator.

                              viii.  All procedural questions shall be subject to the final decision of the Student Conduct Hearing Administrator.
                                ix. After the portion of the Student Conduct Hearing concludes in which pertinent information is received, the Student Conduct Board shall determine (by majority vote) whether the Respondent has violated each section of the Student Code of Conduct under which the student is charged.

                                    x. The Student Conduct Board’s determination as to whether the Respondent violated the Student Code of Conduct shall be made in the basis of more likely than not. 

                                  xi.  The Student Conduct Board will determine if a violation has occurred and recommend sanctions as appropriate.  Recommended sanctions will be forwarded to the Director of Community Standards.  The Director of Community Standards is not limited to sanctions recommended by the Student Conduct Board.  Upon completion of the Student Conduct Hearing and recommendation of sanctions by the Student Conduct Board, the Director of Community Standards will advise the Respondent in writing of the Student Conduct Board’s determination and imposed sanctions, if any. 

                                xii. Formal rules of process, procedure and/or technical rules of evidence, such as are applied in criminal or civil court, shall not be used in Student Conduct Hearings.

  1. There shall be a record of all Student Conduct Hearings and Appeals Hearings. Deliberations about responsibility or sanctions shall not be recorded. The record shall be the property of the College.
  2. If the Respondent fails to appear before a Student Conduct Board for a hearing about which s/he has received due notification, the information in support of the charges shall be presented and considered in the Respondent’s absence. The Respondent, by his or her absence, forfeits the right to present any information in his or her defense, and such an absence is not in itself grounds for appeal.
  3. The Student Conduct Panel may accommodate concerns regarding the personal safety, well-being and/or peace of mind of the Complainant, Respondent, and/or any witness (es) during the Hearing by providing separate facilities, by using a visual screen, and/or by permitting participation via telephone, videophone, video conferencing, videotape, audio tape, written statement, or other means, where and as determined by the sole judgment of the Director of Community Standards.
  4. Information shared in these hearings shall be kept confidential between the students involved and the College to the best and most appropriate standards as set forth by FERPA.  Hearing notes, reports, evidence and recordings can be viewed and/or listened to by the Claimant or Respondent in the presence and discretion of the Director of Community Standards or their Designee.  

3. Organizational Conduct Hearing

  1. Organizational conduct proceedings will occur anytime a recognized student organization, athletic team or Greek organization is charged with a violation of the code of conduct. 
  2. These proceedings take place at an Organizational Conduct Hearing and are heard by an Organizational Conduct Board.  This board is composed of three faculty or staff members and two W&J enrolled undergraduate students. In the event that the Organizational Conduct Board cannot be convened due to time constraints or recognized College closures or breaks the Director of Community Standards may appoint an emergency Organizational Conduct Board consisting of one W&J student and two faculty or staff members to serve in place of the standard Organizational Conduct Board in order to expedite a hearing.
  3. The Organizational Conduct Board shall be selected and approved by the Director of Community Standards.  Student Board members are volunteers and interested participants through SGA.  A minimum of two students and a maximum of five students will be selected.  The best and most reasonably attainable Student representation of athletics, Greek Life, sophomores, juniors, seniors and other student based populations will be selected as Organizational Conduct Board members.  Staff and Faculty are selected based on least opportunity of bias.  All Board members will be trained on the Student Conduct Process, adjudication methods, procedures and functions. 
  4. Any member of the College community may file charges against a Student Organization for violations of the Student Code of Conduct. A charge shall be prepared in writing and directed to a Director of Community Standards. Any charge should be submitted as soon as possible after the event takes place, preferably within five (5) business days
  5. All charges shall be presented to the recognized Student Organization President and the Advisor of that organization in written form. A time shall be set for an Organizational Conduct Hearing, not less than five (5) nor more than fifteen (15) calendar days after the Organization has been notified initially. Maximum time limits for the scheduling of an Organizational Conduct Hearing may be extended at the discretion of Director of Community Standards.
  6. The recognized student president or designee of the charged organization will serve as the Respondent for communication and proceeding purposes.
  7. Organizational Conduct Hearings will proceed as outlined in Article IX (2d-h)

 Interim Suspension

In certain circumstances, the Vice President and Dean of Student Life, or a designee, may impose a College or Campus housing suspension prior to the Student Conduct Hearing before a Student Conduct Board.

        i.      Interim suspension may be imposed to ensure the safety and well-being of members of the College community or preservation of College property;

  1. To ensure the student's own physical or emotional safety and well-being
  2. If the student poses an ongoing threat of disruption of or interference with the normal operations of the College.

      ii.      During the interim suspension, a student shall be denied access to Campus Housing and/or to the campus (including classes) and/or all other College activities or privileges, for which the student might otherwise be eligible, as the Vice President and Dean of Student Life, or a designee, may determine to be appropriate.

    iii.      The interim suspension does not replace the regular conduct process, which shall proceed on the normal schedule, up to and through a Student Conduct Hearing, if required.

 Appeals

The respondent may appeal sanctions or decisions made by a Hearing Officer or Student Conduct Board. Such an appeal shall be made by the Respondent in writing to the Director of Community Standards and must be addressed and delivered per the instructions provided in his/her follow-up letter within five business days of the issuance of sanctions. All appeals will be forwarded to the Appeals Board to be reviewed. 

The Appeals Board is composed of The Vice President and Dean of Student Life, one staff member, one SGA Executive Board member and one senior Faculty member.  The members of this Board are selected and approved by the Director of Community Standards.  All are selected on the basis of least opportunity of bias.  All Board members will be trained on the Student Conduct Process, adjudication methods, procedures and functions.

Appeals are considered on the following grounds:

  1. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct the student was found to have committed.
  2. To consider new information, where such information is 1) sufficient to alter the decision, and 2) was not known to the Respondent at the time of the original Student Conduct Hearing.
  3. To determine if Student Conduct Hearing was conducted in a fair and reasonably timed manner to allow the opportunity for the Respondent or Complainant to prepare and present information before the Student Conduct Board.  Deviations from the Student Conduct procedures will not sustain an appeal unless significant prejudice is determined to be found on part of the Student Conduct Process or individuals involved in the process. 

If the appeal is upheld by the Appeals Board, the matter shall be returned to the original Student Conduct Board or original Hearing Officer for reconsideration of determination or Sanctions. 

If the appeal is rejected, or if the original determination(s) and sanction(s) are upheld, a final appeal may be made in writing to the President of the College within five (5) business days of the Appeal Board’s decision. If the appeal is rejected by the President, or if the President upholds the original determination(s) and sanction(s), the matter shall be considered final and binding upon all involved.

Article X: Sanctions

A. The following are possible, but not limited to, sanctions that can be imposed on a student or organization.  More than one sanction can be imposed on any violation. 

1.      Warning – Notice in writing that a student or student organization is or has violated the Student Code of Conduct. 

2.      Discipline – This includes, but is not limited to, loss of student privileges for a designated period of time, essays, letters, community service, projects, presentations, assignments, educational programs, counseling. 

3.      Fines/Restitution – Punitive fines, compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

4.      Probation - a written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student or student organization is found to be violating any institutional regulation(s) during the probationary period.

5.      Loss of Privileges – This includes but is not limited to, removal or denial of any leadership roles, removal from organizational or team functions for a period of time, loss of abilities to attend College functions, loss of visitation privileges.

6.      Suspension - Separation of the student from the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

7.      Deferred Suspension –Deferred suspension is a designated period of time during which a student is given the opportunity to demonstrate the ability to abide by the community’s expectations of behavior articulated in the Student Code of Conduct.  If a student violates a Student Code of Conduct during this period of time, suspension is immediate. 

8.      Campus Housing suspension - Separation of the student from Campus Housing for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

9.      Campus Housing Expulsion - Permanent separation of the student from Campus Housing.

10.  Expulsion - Permanent separation of the student from the College

11.  Revocation of Admission and/or Degree Admission - Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation or other violations of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

12.  Degree withholding - The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.

B. Organizational Sanctions

1.      Sanctions 1-4 outlined above

2.      Loss of selected rights and privileges – Any right or privileges that an organization obtains through being recognized as a student organization can be suspended or removed for a designated period of time. 

3.      Deactivation – Removal of recognition through the College. This includes but is not limited to removal of all rights and privileges for a designated period of time. 

C.  All imposed sanctions will be provided and outlined to the Respondent, or President of an accused Student Organization, in writing with information regarding additional processes such as appeals, a designated date in which sanctions are to be completed by and/or expire and any other relevant information regarding sanctions and the student conduct process. 

D.  Other than residence hall expulsion, College suspension, College expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's disciplinary record. Upon graduation the disciplinary record may be expunged of disciplinary actions other than residence hall expulsion, College suspension, College expulsion, or revocation or withholding of a degree upon application to the Director of Community Standards and Support Services. Cases involving the imposition of sanctions other than residence hall expulsion, College suspension, College expulsion or revocation or withholding of a degree shall be expunged from the student's record seven (7) years after the disposition of the case.

          1.  Disciplinary files are held in the Student Life Offices.  Students, or individuals who have been given explicit    consent in writing by the student, who wish to have access to their file must arrange a time to do so with the Director of Community Standards or his/her designee.  Disciplinary files or copies of disciplinary files cannot be given or viewed without the consent and presence of the Director of Community Standards or his/hers designee.  Under his/her discretion can make certain accommodations for students to view their files.

E.  In situations involving both a Respondent(s) (or group or organization) and a student(s) claiming to be the victim of another student’s conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the Respondents(s) and the student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.

Article XI - Interpretation and Revision

A.    This update of the Student Conduct Proceedings shall super cede any and all information regarding matters of student conduct proceedings found within the databases (both written and oral) of the College. (July 2014)

 B.     Any question of interpretation or application of the Student Code shall be referred to the Director of Community Standards or his or her designee for final determination.

C.    The Student Code of Conduct shall be reviewed annually under the direction of the Director of Community Standards.

 

 

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