1.Charges and Student Conduct Review Board hearings
- Any member of the College community may file a complaint against a student for violation of the Student Code. A complaint shall be prepared in writing and directed to the Director of Student Rights and Responsibilities. 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 Code of Conduct charges, if applicable, and the proper hearing body: a Student Conduct Administrator or the Student Conduct Review Board.
- 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. Mutual consent may not be used in cases of violence, hazing, bullying, bias, harassment or intimidation.
- Students with outstanding or pending Code of Conduct charges 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 Code of Conduct charges are resolved.
- 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.
- 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.
- 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.
- The Respondent and/or Complainant and 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.
- 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:
- Student Conduct Review Board Hearings shall normally be conducted in private.
- 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.
- 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.
- 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 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.
- 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.
- 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.
- All procedural questions are subject to the final decision of the Chairperson of the Student Conduct Review Board.
- 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.
- 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.
- 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.
- 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 Chairperson. 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 Review Board is unable to communicate the decision.
- There shall be a single verbatim record, such as an audio 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.
- 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.
- 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.
- *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.
- 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
Interim Measures may prevent a student from attending class and other College activities. College Life will communicate with Academic Advising and a student’s faculty instructors and/or advisors in order to determine if alternate arrangements can be made to support a student’s completion of academic assignments.
These actions are not a presumption of responsibility for a violation of policy. The College will try to provide academic support where necessary. Academic support means that College Life will communicate with Academic Advising or faculty on a student’s behalf. Faculty, however, work at their own discretion and therefore, College Life can make no guarantees that student will receive the support they may desire. In cases involving athletes, coaches may be notified of any alleged behaviors even if interim measures are not taken.
- Interim Separation. In certain circumstances the Vice President for College Life and Dean of Students, or designee, may impose an Interim Separation from the College prior to a hearing and corresponding appeal process. Interim Separation may be imposed:
- During the investigatory stage to ensure the safety and well-being of members of the College community or preservation of College property;
- To ensure the student’s own physical or emotional safety and well-being; or,
- If the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
During the Interim Separation, a student shall be denied access to the residence halls and/or to the campus. Interim Separation will not be placed on a student’s official, permanent academic record. The Interim Separation does not replace the regular process, which shall proceed on the normal schedule, up to and through a hearing, if required. However, the student should be notified in writing of this action and the reasons for the separation. The student will also be notified of the time, date, and place of a subsequent hearing, if applicable. The College may notify parents or guardians of an interim separation status.
- Interim probation. In cases where a student’s alleged behavior does not rise to the level of interim separation, a student may be placed on interim probation. Interim probation is for a designated period of time during the investigation or until a case has been adjudicated. Interim probation 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. Certain restrictions may be put in place for the student during interim probation.
- Interim residential separation or residential relocation. A student may be separated temporarily from College housing or temporarily reassigned to another residential location on campus. Their original housing location will be held until the process is over. If it can be determined that residential relocation is an appropriate sanction, at that time the student will move permanently into a location determined by Residence Life.
- 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 Dean of Students or her/his designee. Students may be sanctioned to a permanent change(s) through the normal adjudication process.
- Restrictions from College 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 Dean of Students or their designee determine to be appropriate. Students may also be prohibited from certain facilities including, but not limited to, academic buildings, fraternities, athletic facilities and/or practice and competition spaces, and transportation services. Students may be sanctioned to a permanent restriction(s) through the normal adjudication process.
- Work or job assignment changes. Changes to a student’s work or job assignment (including internships) may be made on a temporary basis in the event it is deemed appropriate by the Dean of Students or the Director of Student Rights and Responsibilities.
- 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 with another party or parties 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.
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.
- Warning -- a notice in writing to the student that the student is violating or has violated institutional regulations.
- 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. Students on probation are normally not permitted to live off-campus, join a Greek letter social organization, or study off-campus.
- 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.
- Fines -- previously established and published fines may be imposed.
- Restitution -- compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Discretionary Sanctions -- a student may be required to participate in an educational program to enhance their learning from the misbehavior. Other discretionary sanctions include, but are not limited to, work assignments, essays, alcohol and drug assessment or substance use advising, service to the College, community service, or other related discretionary assignments.
- 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.
- 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.
- 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.
- 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.
- Drug Testing – Periodic drug screening performed at a certified off-campus facility at the students’ expense, as arranged by College Life within 24 hours’ notice. Once a student has signed an agreement for periodic drug testing, failure or refusal to be tested as scheduled, or a positive test result, will be a breach of the agreement which will likely result in suspension or expulsion.
- Alcohol and Drug Required Leave – The College may require a student to take a leave of absence if a student illustrates that he or she is repeatedly unable to make sound and safe decisions about alcohol and drug use, or the student engages in drinking or drug use that threatens the life, health and safety of one’s self or others. Students will be on AOD Leave for the remainder of the current semester of the incident plus the full subsequent semester.
- 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. The conditions include, but are not limited to, restitution of damages, counseling requirements, community service, and a formal apology. Students who are suspended forfeit all fees that have been paid to the College; are ineligible to visit the campus (including fraternity chapter houses) or participate in College activities 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.
- College Expulsion -- permanent separation of the student from the College. In addition, an “expulsion” notation is placed on the College transcript indefinitely.
- 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.
- Revocation of Degree -- Gettysburg College reserves the right to revoke a degree awarded from the College 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.
- Withholding Diploma -- the College may withhold a student’s diploma for a specified period of time if that student has judicial charges pending. Additionally a student may be assigned this sanction by the Student Conduct Review Board or the Director of Student Rights and Responsibilities if they are found responsible for violating a policy. 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.
- 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 five (5) 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 a designee. The Vice President for College Life and Dean of Students or their 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, may do the following: uphold the preceding decision and sanctions, adjust the finding; adjust the sanction; or refer the matter to the Student Conduct Review Board or Director of Student Rights and Responsibilities for the re-opening of a hearing. If an appeal is not permitted, the matter shall be considered final and binding upon all involved.
- 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.
- 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 designee will serves as the appellate person. Determination shall be made based on the grounds for appeal and by a preponderance of the information.
- Grounds for Appeal
The Respondent or Complainant may appeal a decision in a case for the following reasons:
- Unreasonable Sanction: To determine whether the magnitude of the sanction(s) imposed was unreasonable for the violation of policy for which the student was found responsible;
- Procedural Error: To determine procedural error or absence of conformity with prescribed procedures during the investigative stage or any stage of the process (including an error during the hearing) preventing either the Complainant or Respondent a reasonable opportunity to prepare and present information to the investigator;
- New Information: To determine new information discovered which was not available at the time of the investigative process and could have affected the outcome of the case.
5. Student Conduct Records
All resolution proceedings, whether informal or formal, are conducted in compliance with the requirements of FERPA and College policy. No information shall be released from such proceedings except as required or permitted by law and College policy.
For cases involving reported conduct where: (A) a student is alleged to have committed acts that would, if proven, constitute the following offenses or attempts to commit the following offenses including Arson, Assault Offenses, Burglary, Criminal Homicide- manslaughter by negligence, Criminal homicide- murder and non-negligent manslaughter, Destruction/Damage/Vandalism of property, Kidnapping/abduction, Robbery, or Forcible Sex Offenses; and, (B) the allegations have been addressed through the procedures set forth in this Policy; and (C) through those procedures, the student has been determined to have violated this Policy, the College will notify the student’s parent(s) or guardian(s) of the final result of the disciplinary proceeding. The disclosure of the final result will only include the name of the student, the violation committed and any sanction imposed by the College against the student.
- 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:
- Disciplinary records are maintained by the Dean of Students’ Office.
- The College will only disclose probation, suspension, expulsion for a records request by an outside agency including graduate/professional schools, professional associations, and government or private agencies.
- Within 45 days of graduation, all hard copies of student disciplinary records shall be destroyed for students involved in disciplinary matters resulting in sanctions other than College suspension or College expulsion. Personal identifiers are removed from electronic disciplinary records. However, the College maintains numeric identifiers which are discoverable if the College receives a subpoena and or search warrant.
- Disciplinary records of students involved in a pending College disciplinary proceeding, criminal matter, or civil matter requiring retention of the record may be retained for up to seven years after final resolution of the College disciplinary matter, criminal matter, and/or civil matter.
- Disciplinary records of students who have been suspended will be retained for no fewer than seven years after graduation or withdrawal. “Suspension” will be noted on the transcript for the duration of the suspension.
- Disciplinary records of students who have been expelled will be retained indefinitely in addition to a permanent notation on the student’s transcript.
- Disciplinary records of students who have withdrawn from the College and have not been suspended, expelled, involved in a pending criminal matter, or violation of the Sexual Misconduct policy will be retained for no fewer than seven years after the date of the incident.
- Information and disciplinary records are generally not released to third parties without the student’s permission. There are two main areas of exception:
- The College may release information to parents without student consent when deemed appropriate and is not otherwise prohibited by FERPA or other applicable laws. The College’s complete FERPA policy may be found in the Student Handbook.
- Information and/or records may be produced in response to a subpoena, warrant, or court order.
- Records that document the incident or any form of an investigation are disciplinary records of the College. Students wishing to view the relative disciplinary records will have access to the records in a reading room. The coordinating office will provide the details of the reading room. Students can view and take notes of the records in this space. Students are unable to make copies or take pictures of the records.
- For cases involving a report, complaint, investigation, informal conduct resolution, or formal conduct resolution under the purview of the Sexual Misconduct Policy or the Title IX Policy, the Dean of Students Office will retain a record of the report, complaint, investigation, informal, and/or formal conduct resolution in accordance with the Records procedure in the Sexual Misconduct Policy or Title IX Policy. Please refer to Section IIX of the Sexual Misconduct Policy for more details. Affirmative findings of responsibility in matters resolved through formal conduct resolution are part of a student’s conduct record. Such records shall be used in reviewing any further conduct or in developing sanctions and shall remain a part of a student’s conduct record until graduation.
- Students seeking to transfer to other schools or participation in off-campus study programs may also be requested or required to release their disciplinary records. Graduate schools, medical schools, law schools and some governmental agencies may also request disclosure of student disciplinary records.