Article IV – Student Conduct Code Procedures for Individual Students

  1. Alleged Policy Violations and Resolution Options

    1. An individual may file a complaint for an alleged violation(s) of the Student Code of Conduct by contacting the Department of Public Safety or electronically submitting a Non-Academic Misconduct Incident Report Form. Any complaint should be submitted as soon as possible after the event takes place. The Director of Student Rights and Responsibilities will determine the appropriate alleged policy violations, if applicable, and the proper resolution option: an informal resolution or a formal resolution with a Student Conduct Administrator in a hearing. .
    2. The Director of Student Rights and Responsibilities may conduct an investigation to determine if the charges have merit and/or if they can be resolved through an informal resolution. Informal resolution could include mediation, restorative circle, mutual agreement or another form of conflict resolution. Resolution through informal resolution shall be final and there shall be no subsequent proceedings. If the alleged policy violations are not admitted and/ or cannot be resolved of by informal resolution, the Director of Student Rights and Responsibilities will send the alleged policy violation to a Student Conduct Administrator to conduct an Administrative Hearing..
    3. Students with outstanding or pending Student Conduct alleged violations may, in the discretion of the College, not be approved for withdrawal or a leave of absence, request or receive a transcript, or graduate/receive a degree from Gettysburg College until Student Conduct alleged violations are resolved.
    4. 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 five (5) 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.
    5. All charges shall be presented to the respondent in written form. A time shall be set for a Hearing, not less than five nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of 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 Administrator if the student feels that the administrator 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 be granted a single 5 day postponement of the hearing for a justifiable cause. This request must be submitted in writing to the Director of Student Rights and Responsibilities and their decision to postpone or not postpone the hearing is final.
      3. Hearings shall be conducted by a Student Conduct Administrator according to the following guidelines except as provided by article IV (1)(D)(6) below:
        1. Hearings shall normally be conducted in private.
        2. The Complainant, Respondent and their advisors, if any, shall be allowed to attend the entire 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 Hearing shall be at the discretion of the Director of Student Rights and Responsibilities.
        3. In Hearings involving more than one Respondent, the Director of Student Rights and Responsibilities, in his or her discretion, may permit the Hearings concerning each student to be conducted either separately or jointly.
        4. 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 (please see the Sexual Misconduct and Relationship Violence Policy for advisor guidelines in such cases). 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 Hearing before a Student Conduct Administrator. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
        5. The Complainant, the Respondent, and the Student Conduct Administrator may arrange for witnesses to present pertinent information in the hearing. . 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 Hearing. Witnesses will provide information to and answer questions relevant to the incident from the Student Conduct Administrator . 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 Administrator with such questions directed to the administrator , 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 Student Conduct Administrator . 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.
        6. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Administrator.
        7. All procedural questions are subject to the final decision of the Student Conduct Administrator .
        8. After the portion of the Hearing concludes in which all pertinent information has been received, the Student Conduct Administrator shall determine whether the Respondent has violated each section of the Student Code which the student is charged with violating.
        9. The Student Conduct Administrator 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.
        10. 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 Conduct proceedings.
        11. Generally, 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 two (2) business days. If applicable (see number 7), the Complainant will be notified of the outcome verbally. The hearing may be recessed at the discretion of the Student Conduct Administrator. In the event of a recess, the Director of Student Rights and Responsibilities will communicate a timeline for the Respondent to expect the outcome. The Director of Student Rights & Responsibilities may deliver the outcome of the hearing verbally or in writing in the event that the hearing is completed but the Student Conduct Administrator is unable to communicate the decision.
      4. There shall be a single verbatim record, such as an audio recording, of all Student Conduct Administrator Hearings. 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 Administrator , 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 Administrator 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 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.