Article IV – Student Conduct Code Procedures for Individual Students


1.     Charges and Student Conduct Review Board hearings

A.    Any member of the College community may file charges against a student for violation of the Student Code.  A charge shall be prepared in writing and directed to the Director of Student Rights and Responsibilities. Any charge should be submitted as soon as possible after the event takes place.  The Director of Student Rights and Responsibilities will determine the appropriate hearing body:  a Student Conduct Administrator or the Student Conduct Review Board.

B.    The Director of Student Rights and Responsibilities may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Director of Student Rights and Responsibilities.  Disposition upon mutual consent shall be final and there shall be no subsequent proceedings.  If the charges are not admitted and/or cannot be disposed of by mutual consent, the Director of Student Rights and Responsibilities will determine the appropriate hearing body: a Student Conduct Administrator or the Student Conduct Review Board.

C.    In cases assigned to a Student Conduct Administrator, the Student Conduct Administrator will determine if a violation of policy has occurred and assign sanctions.  The Respondent student may appeal this decision within seven (7) calendar days.  If the student admits violating institutional rules, but sanctions are not agreed to, the appeal shall be limited to determining the appropriate sanction (s).  Please see Article IV (4) for more information on this process.

D.    In cases assigned to a Student Conduct Review Board, all charges shall be presented to the respondent in written form.  A time shall be set for a Student Conduct Review Board Hearing, not less than five nor more than fifteen calendar days after the student has been notified.  Maximum time limits for scheduling of Student Conduct Review Board Hearings may be extended at the discretion of the Director of Student Rights and Responsibilities.  

1)    The Respondent and Complainant may request the removal of a member of the Student Conduct Review Board hearing panel if the student feels that the member may not be fair or impartial.  This request, including rationale, must be submitted to the Director of Student Rights and Responsibilities in writing at least 48 hours in advance of the hearing.  The final decision to remove a member of the panel is at the discretion of the Director of Student Rights and Responsibilities.

2)    The Respondent and/or Complainant may each request one postponement of the hearing for a justifiable cause.  This request must be submitted in writing to the Director of Student Rights and Responsibilities and his/her decision to postpone or not postpone the hearing is final.

3)    Student Conduct Review Board Hearings shall be conducted by a Student Conduct Review Board according to the following guidelines except as provided by article IV (1)(D)(6) below:

a)    Student Conduct Review Board Hearings normally shall be conducted in private.

b)    The Complainant, Respondent and their advisors, if any, shall be allowed to attend the entire Student Conduct Review Board Hearing at which information is received (excluding deliberations).  This includes presentation of witness information and all questioning of witnesses, the Complainant, and the Respondent.  Admission of any other person to the Student Conduct Review Board Hearing shall be at the discretion of the Student Conduct Review Board and/or its Chairperson.

c)     In Student Conduct Review Board Hearings involving more than one Respondent, the Chairperson and/or the Director of Student Rights and Responsibilities, in his or her discretion, may permit the Student Conduct Review Board Hearings concerning each student to be conducted either separately or jointly.

d)     The Complainant and the Respondent have the right to be assisted by an advisor they choose.  The advisor must be a member of the College community and may not be an attorney.  The Complainant and/or the Respondent is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Review Board Hearing before a Student Conduct Review Board.  A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Review Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.

e)      The Complainant, the Respondent, and the Student Conduct Review Board may arrange for witnesses to present pertinent information to the Student Conduct Review Board.  The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant and/or Respondent at least two weekdays prior to the Student Conduct Review Board Hearing.  Witnesses will provide information to and answer questions relevant to the incident from the Student Conduct Review Board.  Questions may be suggested by the Respondent and/or Complainant to be answered by each other or by other witnesses.  This will be conducted by the Student Conduct Review Board with such questions directed to the chairperson, rather than to the witness directly.  This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment.  Questions of whether potential information will be received shall be resolved in the discretion of the Chairperson of the Student Conduct Review Board.  The Respondent and Complainant must submit a list of witnesses to be called at least 48 hours prior to the hearing.  A list of all witnesses will be made available to the Respondent and Complainant at least 24 hours prior to the hearing.

f)      Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Review Board at the discretion of the Chairperson.

g)      All procedural questions are subject to the final decision of the Chairperson of the Student Conduct Review Board.

h)      After the portion of the Student Conduct Review Board Hearing concludes in which all pertinent information has been received, the Student Conduct Review Board shall determine (by majority vote) whether the Respondent has violated each section of the Student Code which the student is charged with violating.

i)       The Student Conduct Review Board’s determination shall be made on the basis of whether it is more likely than not, or by a preponderance of the information, that the Respondent violated the Student Code.

j)       Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.

k)      The Respondent will be notified verbally of the hearing outcome at the conclusion of the hearing and will be notified of the decision in writing within 48 hours.  If applicable (see number 7), the Complainant will be notified of the outcome verbally. The Director of Student Rights & Responsibilities may deliver the outcome of the hearing verbally or in writing in the event the hearing could not be completed.

4)     There shall be a single verbatim record, such as a tape recording, of all Student Conduct Review Board Hearings before a Student Conduct Review Board (not including deliberations).  Deliberations shall not be recorded.  The record shall be the property of the College and will be kept until the end of the appeal process, at which time it shall be destroyed.

5)     If a Respondent, with notice, does not appear before a Student Conduct Review Board Hearing, the information in support of the charges, and any information that tends to dispute the charges, if known, shall be presented and considered even if the Respondent is not present.

6)     The Student Conduct Review Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statements, or other means, where and as determined in the sole judgment of Director of Student Rights and Responsibilities to be appropriate.

7)     Disclosure to Alleged Victims - Gettysburg College will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the results of any disciplinary hearing conducted by the college against the student who is the alleged perpetrator of the crime or offense. Members of the Gettysburg College community including students, faculty, and employees who submit an official complaint through the Department of Public Safety or College Life Office resulting in a disciplinary hearing conducted by the College against a student who is found responsible for a violating the College’s policy on Sexual Misconduct and/or Physical Assault will be notified of the final outcome.

8)     Disclosure of the outcome of both the Student Conduct Review Board hearing and following appeal (if applicable) will be made in accordance with the Higher Education Act.

*  Complainants in Sexual Assault cases and other acts of violence will be notified in writing of the initial and final outcome of a case.  

2.     Interim Measures

A.    Interim suspension. In certain circumstances, the Vice President for College Life and Dean of Students, or a designee, may impose an interim College or residence hall suspension prior to the Student Conduct Review Board Hearing and any appeal process. Interim suspension may be imposed:  a) during the investigatory stage to ensure the safety and well-being of members of the College community or preservation of College property; b) to ensure the student’s own physical or emotional safety & well-being; c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College or d) in instances of an alleged violation of the College’s Policy on Sexual Misconduct.

During the interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes). A student may be relocated to a different residence hall, class schedule changes may be made, and/or access to all other College activities or privileges for which the student might otherwise be eligible shall be denied, as the Vice President for College Life and Dean of Students or the Director of Student Rights and Responsibilities may determine to be appropriate.  Interim suspension will not be placed on a student’s official, permanent academic record.

The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Review Board Hearing, if required. In the case of an alleged violation of the College’s Policy on Sexual Misconduct, the interim suspension will remain in effect until a decision regarding responsibility is made by the Vice President for College Life and Dean of Students.  However, the student should be notified in writing of this action and the reasons for the suspension.  The student will also be notified of the time, date, and place of a subsequent Student Conduct Review Board Hearing, if applicable.

B.    Residential relocation. A student may be temporarily reassigned to another residential location on campus. His or her original housing location will be held until the process is over. It can be determined that residential relocation is a sanction when appropriate, and at that time the student will move into a location designated by Residence Life permanently.

C.    Class schedule changes. Changes to a student’s class schedule may be made on a temporary basis in the event it is deemed appropriate by the Vice President for College Life and Dean of Students or the Director of Student Rights and Responsibilities. Students may be sanctioned to a permanent change(s) through the normal adjudication process.

D.    College restrictions from activities and/or facilities. A student may be denied, on a temporary basis, participation in a college activity or privilege for which they may be otherwise eligible as the Vice President for College Life and Dean of Students or the Director of Student Rights and Responsibilities determine to be appropriate. Students may also be prohibited from certain facilities including, but not limited to, academic buildings, residential buildings, (including residence hall separation), fraternities, and athletic facilities and/or practice and competition spaces. Students may be sanctioned to a permanent restriction(s) through the normal adjudication process.

E.    “No contact” agreement -- the College may work with students to develop a “no contact” agreement when appropriate.  A “no contact” agreement may be developed in order to facilitate any College inquiry into an incident and/or be developed as a sanction.  Generally, “no contact” is defined as having no direct or indirect contact between two or more students at any time.  This includes, but is not limited to, communication that is written, verbal, or physical.  Written communication is understood to include all electronic means of communication; including, but not limited to, email, instant messaging and text messaging.  Verbal communication is understood to include phone calls and voice mail messages.  A “no contact” agreement may include additional restrictions and terms.

F.     "No contact” directive -- the College may impose a “no contact” directive in cases where an agreement cannot be reached or is not applicable.  Generally, “no contact” is defined as having no direct or indirect contact at any time.  This includes, but is not limited to, communication that is written, verbal, or physical.  Written communication is understood to include all electronic means of communication; including, but not limited to, email, instant messaging and text messaging.  Verbal communication is understood to include phone calls and voice mail messages. A “no contact” directive may include additional restrictions and terms. Violations of the no contact “directive” will result in disciplinary action.

3.     Sanctions
The following sanctions may be imposed upon any student found to have violated the Student Code. More than one of the sanctions listed below may be imposed for any single violation. In addition, when determining the appropriate sanctions, the administrator or board may take into account any previous violations or sanctions imposed in a prior conduct proceeding.

A.    Warning -- a notice in writing to the student that the student is violating or has violated institutional regulations.

B.    Conduct 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, such as suspension or expulsion, if the student is found to violate any institutional regulation(s) during the probationary period.  A letter will be sent to parents or guardians notifying them of this sanction.  Students on probation are normally not permitted to live off-campus, join a Greek letter social organization, or study off-campus.

C.     Loss of Privileges -- denial of specified privileges for a designated period of time.  This includes, but is not limited to, loss of position in club or organization, suspension from athletic team or performing group, loss of privileges to use specified facilities, prohibition from participation in co-curricular activities, loss of privilege to have car on campus, loss of privilege to live in residence hall or lottery system, loss of privilege to join a fraternity or sorority, restricted access to a fraternity chapter house.

D.   Fines -- previously established and published fines may be imposed.

E.    Restitution -- compensation for loss, damage, or injury.  This may take the form of appropriate service and/or monetary or material replacement.

F.    Discretionary Sanctions -- work assignments, essays, alcohol and drug assessment or substance use advising, service to the College, community service, or other related discretionary assignments.

G.    Behavioral Contract - a Dean in College Life or the Director of Student Rights & Responsibilities may meet with a student to develop a mutual consent/behavioral contract. This is an agreement between the student and College outlining the behaviors or tasks a student is to perform or avoid, the criteria for an acceptable level of performance or completion, the reinforcement/support (i.e., activities, privileges, or resources available to the student), and the timeline for completion. Violation of any of the terms outlined in the mutual consent sanction may result in disciplinary action which may include a Required Leave.

H.    Residence Hall Relocation -- students may be assigned to a different residential space on campus if they violate policy or demonstrate an inability to continue living in their current community or room.

I.     Residence Hall Separation -- separation of the student from the residence halls for a definite period of time, after which they student is eligible to return. Conditions for readmission to the residence halls may be specified. 

J.    Restorative Justice Conference or Circle -- The purpose is restorative justice is to: identify and take steps to repair harm, involve all harmed parties, and place emphasis on community.

K.    College 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.  Students who are suspended forfeit all fees that have been paid to the College; are ineligible to visit the campus (including fraternity chapter houses) unless permission is granted by the Director of Student Rights and Responsibilities.  In addition, a ‘suspension’ notation is placed on their College transcript until the term of suspension has expired (notation changed to ‘withdrew’ after suspension ends). Students must seek readmission as outlined in the Academic Procedures section of the Handbook.  A letter will be sent to parents or guardians notifying them of this sanction.

L.    College Expulsion -- permanent separation of the student from the College.  A letter will be sent to parents or guardian notifying them of this sanction.

M.    Revocation of Admission -- Gettysburg College reserves the right to revoke admission to admitted or deposited students for fraud, misrepresentation, violation of College standards, or for other serious violations committed by a student prior to enrolling at Gettysburg.  The Director of Admissions along with the Vice President of Enrollment and Educational Services will handle all revocations with consultation from the Vice President for College Life and Dean of Students.

Incoming students matriculate on June 1 of each year and as of this date they are expected to comply with the conduct outlined in the Gettysburg College Student Code of Conduct Handbook. Violations could lead to a revocation of admission. The Vice President for College Life and Dean of Students in consultation with the Vice President of Enrollment and Educational Services will handle all revocation of newly matriculated students.

N.    Revocation of Degree -- Gettysburg College reserves the right to revoke a degree awarded from the College for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

O.    Withholding Diploma -- the College may withhold a student’s diploma for a specified period of time if that student has judicial charges pending or the student was found responsible for violating policy and the Student Conduct Review Board or the Director of Student Rights and Responsibilities assigns this as a sanction.  The student may also be denied participation in commencement exercises while charges are pending or as a sanction.

In addition, the College may withhold a student’s transcript if the student has judicial charges pending or the student was found responsible for violating policy and the Student Conduct Review Board or the Director of Student Rights & Responsibilities assigns this as a sanction.

4.     Appeals

A.    Appeals Generally

1)    A decision reached by a Student Conduct Review Board may be appealed by the Respondent(s) and/or Complainant(s) to the Vice President for College Life and Dean of Students within seven (7) calendar days of the decision.  Such appeals shall be in writing.  If the Vice President for College Life and Dean of Students is unavailable to decide the appeal in a timely manner then the appeal shall be considered and decided by an Associate Dean for College Life.

The Vice President for College Life and Dean of Students or his/her designee may decide not to hear an appeal if the contents of the appeal letter fall outside the criteria listed in Section 4(B). In such a circumstance, the decision of the Student Conduct Review Board will stand. If the Vice President for College Life and Dean of Students agrees to hear an appeal based on one or more of the three criteria listed in section B below, he or she may, upon a review of the information presented, adjust the finding, adjust the sanction or refer the matter to the Student Conduct Review Board or Director of Student Rights and Responsibilities for re-opening of a hearing to allow reconsideration of the original determination and/or sanctions. If an appeal is not permitted, the matter shall be considered final and binding upon all involved.

2)     A decision reached or a sanction imposed by a Student Conduct Administrator may be appealed by the Respondent to the Director of Student Rights and Responsibilities. In these cases, the Director of Student Rights and Responsibilities will review the information available and either change the finding and/or sanctions or uphold the original decision. Determination shall be made based on the grounds for appeal and by a preponderance of the information. The Director of Student Rights and Responsibilities’ decision is final and binding upon all involved.

3)     In cases where the Director of Student Rights and Responsibilities is the Student Conduct Administrator adjudicating a case, the Vice President for College Life and Dean of Students or an Associate Dean serves as the appellate person. Determination shall be made based on the grounds for appeal and by a preponderance of the information.

B.    Reasons for appeal-- The Respondent or Complainant may appeal a decision or a sanction in a case for the following reasons:

1)     To determine whether the sanction(s) imposed was inappropriate for the violation of policy for which the student was found responsible.

2)     To determine if procedural error or absence of conformity with prescribed procedures during the investigative stage or at the hearing prevented either the Complainant or the Respondent a reasonable opportunity to prepare and present information to the investigator or the Student Conduct Review Board and such an absence of conformity could have affected the outcome of the case.

3)     To determine if new information has been discovered that was not available at the time of the investigative process and could have affected the outcome of the case.

5.     Student Conduct Records

A.    Other than College expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record.  Within 45 days of graduation, students’ disciplinary records shall be expunged of disciplinary actions other than College suspension and College expulsion unless there are pending criminal or civil matters requiring retention of the record. Records of students who have been suspended will be retained for five years.  Records of students who have been expelled will be retained indefinitely.  Records of students who have withdrawn from the College will be retained for five years.

B.     In situations involving both a Respondent(s) 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 Respondent(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.