Albright College - The Compass, Student Handbook

COMPASS 2011-12
TABLE OF CONTENTS

III. SOCIAL RESPONSIBILITY

A. Code of Conduct
B. Student Code of Conduct
C. General Offenses
D. Community Standards Procedures
E. Hearing Process
F. Rights of the Accused
G. Rights of the Complainant
H. Informational Meeting
I. Administrative Hearing
J. Community Standards Hearing Board
K. Notification of Hearing Outcomes
L. Sanctions
M. Failure to Complete Sanction
N. Appeals

Albright College recognizes the duality of human beings, as individuals and social beings. In its day-to-day operation, the College attempts to foster an atmosphere conducive to personal, social, spiritual and intellectual growth. Growth is facilitated by personal freedom. As a community, it is the responsibility of the College to promote that freedom. By choosing to become a member of the community, the individual accepts the responsibility of ensuring that the College is unhindered in its efforts to fulfill its obligation. Central to this individual responsibility is recognition of the personal freedom to which each member of the community is entitled.

The educational goals of the College are best achieved when issues such as discipline do not consume energy and resources. To avoid such difficulties, the College expects its individual members to exercise self-discipline in their associations with others and their activities within the community.

Personal Integrity and Self-Respect

Maintenance of an educational community is the College’s primary goal. The actions of individuals, grounded in self-respect and performed with integrity, form the basis of this community. Respect of self is evidenced in actions that protect the integrity of mind, body and spirit. Members of the community should avoid morally and physically corrupting actions, including dishonesty, alcohol and substance abuse.

Respect of the Rights and Concerns of Others

The College believes that among its primary goals is the personal, social, spiritual, and intellectual growth of members of the community. It is expected that the actions of the students will reflect a personal investment in, and commitment to, the achievement of these goals. In support of these expectations, the College provides education, leadership and counseling.

Respect for the Functioning and the Property of the College

All students are expected to conduct themselves in a manner that fulfills the mission of the College. Interference with students, faculty or staff in the performance of their studies or official duties, or the damage or abuse of individual or College property is unacceptable

A. Code of Conduct

1. Albright College seeks to provide students with an integrated, multidisciplinary approach to critical analysis, problem solving and the leadership skills required to translate what is learned into effective action. Students at Albright College are both citizens and members of the academic community. As citizens, students enjoy the freedoms of speech, peaceful assembly and the right to petition. However, as members of the academic community, they are subject to certain obligations, which accrue to them by virtue of this membership. Albright College is committed to protecting individual freedoms, as long as they are not inflammatory or harmful toward others.

The success of a residential community in an academic setting depends upon the willingness of individuals to associate together in such a way that individual freedom and responsibility coexists. As a socially responsible academic community, Albright College seeks a structure within which individual freedom may flourish without jeopardizing the requirements of an academic community.

2. Representative student input will always be solicited in developing policies governing student conduct. This Student Code of Conduct balances the rights and responsibilities of the individual with those of the College. To accomplish these goals, the College has established a Code of Conduct. To sustain the optimal learning environment, everyone within the Albright College community must adhere to the principles that support these goals. The policies created to support these goals are reviewed at the conclusion of the academic year. Throughout the year, there may be circumstances that may call for a revision or additional policies. The College reserves the right to revise or add policies at anytime deemed necessary in order to fulfill its goals. Albright College students are both citizens of the larger society and the College academic community. Upon entry to Albright College, students are expected to observe and familiarize themselves with the student handbook.

3. The policies set forth herein are subject to the obligations of Albright College under Title IX and rules and interpretations issued thereunder by the Office of Civil Rights. If there is any conflict between the policies stated herein and federal, state or local law, Albright College adopts, and all parties are required to follow, the requirements mandated by law.

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B. Student Code of Conduct

1. The Albright College Student Code of Conduct was created by the Albright College community and is implemented by the vice president for student affairs and dean of students in an effort to support a community of mutual respect and cooperation. This code of conduct is designed to explain the rights and responsibilities inherent in membership in this academic community. Students are expected to familiarize themselves with all applicable policies and regulations. Ignorance of policies regarding expected behavior will not be accepted as a defense or excuse.

2. From matriculation through commencement, students acknowledge that they are fully and personally responsible for their actions and the consequences of their actions, whether on or off campus. The Albright College community recognizes that responsibilities of good citizenship extend beyond the confines of the Albright College campus and include adherence to local, county, state and federal laws. The College’s jurisdiction in disciplinary matters extends to conduct that occurs on the premises of the College and to any conduct that adversely affects the College community, the College’s reputation and/or the pursuit of its mission and objectives regardless of where it occurs. Violations of local, county, state or federal laws, even if not explicitly stated in the code of conduct, may subject the student to disciplinary action by the College.

Albright College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this 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. Further, pending proceedings may be suspended at any time at the discretion of the director of community standards. Determinations made or sanctions imposed under this Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

3.   Students will enjoy freedoms of speech, peaceful assembly, the right to petition, freedom of expression, and personal choice on and off campus so long as it does not infringe upon the rights of others or the policies of the campus. Albright students are expected to understand and live up to the highest expectations of an academic community.

4.   Violation of the norms of civility and other accepted rules of behavior, whether or not covered by specific regulations, subjects a student to disciplinary action. The College, through the Vice President for Student Affairs and Dean of Students Office, reserves the right to exercise any disciplinary action deemed necessary when a student has engaged in activities that are inconsistent with the mission and policies of the College. Violations of the Student Code of Conduct shall be dealt with in a manner that is respectful to all parties and contributes to a safe living and learning environment.

5.   The student conduct policy is designed to be a progressive disciplinary procedure to help students meet the conduct expectations of Albright College. Progressive discipline means that the consequences become more severe with each successive violation. Major incidents, such as cases involving assault, sexual assault, felonies, arson, drug violations and other serious cases, may be referred to the Community Standards Hearing Board by the vice president for student affairs and dean of students. These violations may have more severe sanctions that may include, but are not limited to, expulsion, suspension, large fines or referral to outside agencies such as counseling or law enforcement. Failure to complete all sanctions by the posted deadlines will be considered a failure to complete graduation requirements.

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C. General Offenses

Elastic Clause - Albright College reserves the right to discipline students for infractions not specifically stated in the handbook in order to protect the general well-being of the Albright community and to address a wide variety of circumstances. It is the responsibility of Albright College officials to initiate action to restrain or prohibit behavior that threatens the purposes or the property of the College or the rights, freedoms, privileges and safety of the personnel of the academic community.

1. Acts of Dishonesty

a. Failure to identify oneself:Fails to identify, or falsely identifies, oneself when requested by a member of the College community acting in the performance of his or her duty and authority (including designated student staff). This also includes failure to provide ID upon request. Students must carry their IDs at all times. Students who do not carry ID may be subject to disciplinary action.

b. Furnishing false or misleading information is strictly prohibited:This includes, but is not limited to: (i) Furnishing false information to Public Safety or other College officials; (ii) The falsification, distortion or misrepresentation of information before a hearing officer/board; (iii) Reports to a College official an offense or other incident with their concern knowing it did not occur or pretends to furnish information relating to an offense or incident when he knows he has no information relating to such offense or incident.

c.   Possession of a false identification:This includes, but is not limited to: No person shall possess an identification card falsely identifying that person as being 21 years of age or older or provide another person with an identification card falsely identifying that person as being 21 years of age or older.

2. Alcohol

a. Distribution/providing to a minor:Students 21 years of age are not to provide alcohol to minors.

Note: If a 21-year-old student is found in a room with underage consumption occurring, he/she may be subject to disciplinary action.

b. Drinking in public areas, or public intoxication.This includes, but is not limited to:

(i) public drunkenness; (ii) alcohol-induced disorderly conduct; (iii) property destruction; (iv) intimidation, or otherwise; (v) infringing upon the rights or privacy of others; (vi) open, unconcealed alcohol containers in public areas, such as residence hall hallways or outdoors, are not permitted; (vii) use and/or possession of alcohol in any common area is prohibited; (viii) empty alcohol bottles or cans are not permitted in rooms where occupants are under 21.

c. Underage consumption/possession:Students who are underage must not consume or possess either closed or open alcohol.

d. Illegal Purchase/Transport: It is unlawful to purchase alcohol illegally or transport liquor or alcohol within the Commonwealth unless it has been purchased from a Pennsylvania wine & spirits store or in accordance with Liquor Control Board regulations. Persons who violate these laws subject themselves to College disciplinary action and prosecution from the Commonwealth.

e.   Irresponsible alcohol:This includes, but is not limited to;

(i) introducing a substance into someone’s drink that would have adverse effects on them; (ii) driving under the influence; (iii) serving alcohol to intoxicated individuals; (iv) any student who uses alcoholic beverages is expected to do so in a manner that does not discredit himself or herself or the College, nor interfere with the rights and freedoms of others; (v) behavior that disturbs, causes embarrassment, health risk or property damage; (vi) any effort to induce a student to drink against an expressed desire shall be considered an offense. (Impairment, attributable to the consumption of alcohol, that substantially interferes with student judgment and decision making); (vii) possessing or participating in drinking games; (viii) behavior that requires the intervention of College personnel (i.e., any student who appears at a College function or on campus in an intoxicated condition, or who creates a disturbance by reason of excessive drinking on or off campus); (ix) individuals who attempt to force or induce another person to drink against his or her expressed desire, or breaches, attempts, or induces a breach of the laws of the Commonwealth of Pennsylvania in regard to alcoholic beverages, will be subject to disciplinary action; (x) possession of excessive quantities of alcohol; use or possession of kegs, beer balls, beer bongs, funnels and similar products.

3.     Dangerous and Prohibited Items

a. Dangerous Items: Possession, distribution, knowledge of, and presence of firearms, fireworks, and other dangerous weapons or items that are dangerous to the College community. This includes, but is not limited to, fireworks, firearms, firecrackers, BB guns, paintball guns, knives and/or other weapons. Possession of an illegal or restricted item is considered a violation.

b. Prohibited items: Any items that are prohibited to be     possessed, consumed, or used within the United States.

4.    Disregard

a.   Disrespect to College Officials:This includes but is not limited to belligerent behavior, verbal or physical, toward members of the College community. This will not be tolerated. This also includes intimidation or verbal abuse of a residence hall staff member.

5.    Drugs

a. Usage (including salvia divinorium, medical marijuana, and synthetic forms of banned substances, including but not limited to, K2, Spice, Black Magic, etc.), possession, distribution, knowledge of, or in the presence of drugs or drug paraphernalia, or other items intended for drug use.

b. The use of, or possession, or possession for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance is a violation of this act.

c.   Unauthorized Administration of Intoxicant: A person who substantially impairs the complainants’ power to appraise or control his or her conduct by administering, without the knowledge of the complainant, drugs or other intoxicants.

6. Failure to Comply

a. Outstanding sanctions or failure to follow directives of disciplinary terms: Fails to comply with the disciplinary action imposed (sanction imposed) under the Student Conduct Code by the Office of Community Standards or failure to follow the directives of a Public Safety or other College official is a violation of this offense. Failure to complete outstanding sanctions will lead to a hold on one’s account and may lead to further sanctions, such as suspension, and/or dismissal. Failure to complete all sanctions by graduation will be considered a failure to complete graduation requirements.

b. Repeated disregard for college regulations:Students who have repeated offenses or continuously show a disregard for College regulations or College officials regardless of the seriousness of the offense will be charged with this offense.

c. Failure to Comply:Failing to comply with the direction of College officials or failure to respond to College business or correspondence in a timely manner. This also includes refusal to respond to a legitimate oral or written request to report to a College official, failure to cooperate, or refusal to respond to the official notification from the Office of Community Standards or other department, including failing to respond to charge letters, failing to pick up sanction letters, failing to complete sanctions, and refusing to sign for a formal notification letter. Students must also comply with the directives made by a Public Safety or any College official.

7. Gambling

Students are prohibited from participating in activities that involve the wagering of money or other property. Gambling of any kind is prohibited.

8. Hazing

The Pennsylvania Law, ACT No. 1986175, defined as follows: The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Hazing”- Any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or any action which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of or recognized as an organization by an institution of higher education.

The term shall include, but is not limited to any brutality of a physical nature such as a) whipping b) beating c) branding d) forced calisthenics f) exposure to elements g) forced consumption of any food, liquor, drug or other substance h) any other forced physical activity which could adversely affect the physical health and safety of the individual or any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which would adversely affect the mental health or dignity of the individual, or any willful destruction or removal of public or private property. For purposes of this definition upon which the initiation or admission into or affiliation with or continued membership in an organization is directly or indirectly conditioned shall be presumed to be “forced” activity, the willingness of an individual to participate in such activity not withstanding (“Institution of higher education” or “institution” is any public or private institution within the Commonwealth authorized to grant an associate degree or higher academic degree).

9. Improper Behavior

a. Disorderly Conduct: This includes, but is not limited to: (i) engaging in fighting, threatening or violent behavior; (ii) intention to cause public inconvenience, annoyance or alarm; (iii) making unreasonable noise; (iv) using obscene language or gestures; (v) creating a physically offensive condition that shows no legitimate purpose.

b. Disruption or Obstruction:This includes, but is not limited to: (i) an action or combination of actions by one or more individuals that disrupts a peaceful environment or that unreasonably interferes with, hinders, obstructs or prevents the operation of the College, or infringes on the rights of others to freely participate in its programs and services; (ii) yelling, fighting, talking that causes a public disturbance or a scene, or causing disruptions at an event, activity or classroom; (iii) intentionally or recklessly interfering with normal College or College-sponsored activities, including, but not limited to, teaching, research, College administration, fire, police or emergency services.

c. Excessive Noise:This includes, but is not limited to: (i) the violation of quiet hours; (ii) loud noises that disturb residents. Residents are expected to use discretion where noise is concerned, both in and around student residences. Therefore, excessive noise is prohibited at all times. Courtesy hours are always in effect.

d. Inappropriate Behavior:This includes, but is limited to:

(i) abusive language toward members of the College community; (ii) engaging in acts that encourage, prolong or contribute to a public disturbance, public nuisances, obstructions or disruptions that interfere with the living and working environment provided by the College or the general community or activities of the College; (iii) throwing any object in the dining facility or out the window of a College facility; (iv) behavior that materially and substantially disrupts the college living environment; (v) an effort to intimidate or influence a person by any means whatsoever in an effort to discourage or prevent his or her bringing charges before or participating in any judicial proceeding.

e. Invasion of Privacy:This includes, but is not limited to:

(i) going through another’s private possessions; (ii) listening in on conversations, or infringing upon the rights of all members of the campus to privacy in offices, laboratories and residence hall rooms, and in the keeping of personal papers, confidential records and effects, subject only to the general law and College regulations. The College also has the right to control use and entry into facilities for reasons of security, safety or protection of property.

f.   Lewd or Indecent Behavior:This includes, but is not limited to: (i) streaking; (ii) stripping in public places; (iii) grabbing others; (iv) engaging in sexual acts beyond the confines of one’s room; (v) exposing one’s genitals; (vi) providing/displaying to minors or individuals inappropriate material that the student knows is likely to be observed by others who would be offended or alarmed.

g.   Misconduct at Events:This includes, but is not limited to, (i) misconduct at sporting events. Students are expected to conduct themselves in accordance with the College’s Code of Conduct, the law and common decency. Fans who display inappropriate behavior, including profane or vulgar language, or disrespectful gestures toward players or officials, will be escorted and evicted from the arena. (ii) participating in an on- or off-campus demonstration, riot, or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College.

h.   Use of Surveillance Equipment:Use of surveillance equipmentis prohibited. This includes the use of cameras to watch who is coming, or the use of electronic devices to make an audio or video record of any person while on the premises without his/her prior knowledge, or without his/her effective consent.

10. Jeopardizing Safety

a. Assault: This includes, but is not limited to: (i) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; (ii) negligently causing bodily injury to another with a deadly weapon; (iii) attempting by physical menace to put another in fear of imminent serious bodily injury; (iv) attempting to cause serious bodily injury to another, or causing such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.

b. Harassment: This includes, but is not limited to: intent to harass, annoy or alarm another person; (i) strikes, shoves, kicks or otherwise subjects him to physical contact, or attempts or threatens to do the same; (ii) follows a person in or about a public place or places; (iii) engages in a course of conduct or repeatedly commits acts that alarm or seriously annoy such other person and that serve no legitimate purpose (PA Crimes Code, 2709); (iv) makes a telephone call without intent of legitimate communication or addresses to or about such other person any lewd, lascivious or indecent words or language, or anonymously telephones another person repeatedly; (v) makes repeated communications anonymously or at extremely inconvenient hours, or in offensively coarse language.

c.   Recklessly Endangering Health/Safety of the College   Community:This includes, but is not limited to: (i) endangering the health and safety of an Albright College member; (ii) engaging in actions that may recklessly or intentionally endanger the safety of others.

d. Sexual Assault:Sexual assault and rape are crimes that will not be tolerated at Albright College. The nature of these types of incidents causes immense difficulty to the individuals directly involved and offends the educational mission of the institution. Those identified as being responsible for such acts may expect to be criminally prosecuted and held accountable under the College’s Sexual Misconduct Policy procedure.

1) Definition: Deliberate physical contact of a sexual nature (or threats or attempts thereof), that is against the person’s will or without their consent or cognizance. It may be by forcible compulsion, or threat of forcible compulsion that would prevent resistance by a person of reasonable resolution, or with an individual who is unconscious or where the person knows that the complainant is unaware that the sexual contact is occurring, or where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance, or if the complainant is intoxicated, undergoing emotional trauma, or drug-induced weakened mental state, or with someone who suffers from a mental disability or other factor that may make the complainant incapable of giving consent to the sexual contact. The subject of sexual assault or rape is filled with instances of misunderstandings between two persons concerning each party’s intentions and consent. To prevent a complaint of sexual misconduct, individuals must be unmistakably sure of each other’s intentions and consent. One’s impairment or intoxication is not an excuse for one’s behavior. Sexual misconduct also includes but is not limited to:

Rape
Nonconsensual touching or fondling
Lewd comments
Penetration with an inanimate or animate object
Threats of physical harm

e. Sexual Harassment: Sexual harassment is any form of unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature. These actions shall constitute harassment when (i) submission of such conduct is either implicitly or explicitly a term or condition of an individual’s employment, enrollment or academic standing; (ii) submission to or rejection of such conduct is used as a basis for employment, academic standing or retention decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic/co-curricular performance or creating an intimidating, hostile or offensive work/College environment. The College prohibits such conduct as sexual innuendoes, sexually derogatory remarks, physical touching, or graphic displays of sexually oriented materials.

f. Stalking: A person commits the crime of stalking when he/she engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances that demonstrate either of the following: (i) An intent to place the person in reasonable fear of bodily injury; (ii) An intent/result to cause substantial emotional distress to the person.

g. Threatening: Either directly or indirectly, written, verbal or any questionable behavior.

11. Misuse of Equipment

a.   Computer Technology: This includes, but is not limited to:

(i) the unauthorized or inappropriate use of College computers; (ii) tampering with files; (iii) destroying files; (iv) sending viruses by intention; (v) altering data, and/or use of computing facilities and resources to interfere with the work of another student, faculty member or other College official; (vi) viewing confidential files, or the use of another individual’s identification card or password; (vii) the use of computing resources and facilities to send obscene or abusive messages or pictures, or the use of computing facilities and resources in violation of copyright laws.

b. Misuse of telephone services:This includes, but is not limited to, annoying, harassing or inappropriately calling any member of the Albright community. Unauthorized use of another person’s telephone or any use of another person’s password is prohibited. Alteration, tampering with or tapping into the TV cable or telephone lines is also prohibited.

12. Negligence: Failure to exercise the degree of care considered reasonable under the circumstances, resulting in an unintended injury to another party or damage to one’s property.

a.   Guest Responsibility:

1) It is the responsibility of the host student to ensure that his/her guest is aware of College rules and residence hall policies.

2) Guests are held responsible for their own actions and for knowledge of College regulations. However, the host will be held accountable for damages committed by his/her guest, unless the guest can be identified and is an Albright College student.

3) Students are permitted to have guests in their rooms only if there is no objection from their roommate(s).

4) The host/resident must be present with the guest for the duration of the visit. The host must meet their guest at the front door and escort them at all times throughout their visit, including to the front door upon leaving. Roommates are never required to leave when a guest is present.

5) Neither room keys nor door access cards will be provided for guests. Residents are not to give their keys, combo or access ID card to guests.

6) Guests may not move from one host’s room to another in order to extend their stay in the residence halls.

7) Individuals found in the building who are not residents or guests of residents are considered to be trespassing.

8) Guests are to use the appropriate restroom/shower facilities, i.e. male and female.

9) Students whose guests violate the Student Code of Conduct will be held accountable for the actions of their guests.

10) Albright College reserves the right to disallow guests from returning to campus property.

b. Influencing a person to commit a violation:Students or organizations that influence a person to violate the Code of Conduct will also be held accountable.

c. Shared Responsibility:Students who are in the presence of and/or aware that a College policy is being violated and remain in the dwelling or location are considered to be giving implied consent to the violation and will therefore share in responsibility for the offense. Students who act together or assist another in the violation of College policies will share in the responsibility for the violation.

13. Safety

a.   Breach of Security: Access to residence halls can only be accomplished through photo identification/access card. Propping of doors or allowing access to the building to non-registered, unauthorized persons or to students who are not residents of that particular building jeopardizes the safety and integrity of the building and its occupants.

Violators will be subject to a fine of up to $300 and/or disciplinary action.

(a) Propping of doors or allowing access to the building to non-registered, unauthorized persons or to students who are not residents of that particular building

(b)   Tampering with or removing an automatic door locking mechanism or door alarm, or possession and/or use of a College key when not specifically authorized

(c) Dropping an object, liquid or solid, from or out of any window

(d)   The throwing of objects, including sports equipment, and the playing of physical games in the hallways and lounges

(e) Outdoor sports activity within any residence unit (i.e., hockey, skateboarding, soccer, Frisbee throwing, water fights, snowball fights, bouncing balls, etc.)

(f)    The removal of window screens

(g) Locking someone in their room, or blocking room exit

(h)   Causing hazardous conditions in the residence halls (i.e., creating slip and slides), wrestling or outside sports in the lounges or hallways

(i) Giving your access card, keys, and/or combos to someone

(j) Being present on the roof, walls or balcony ledges of any College owned, leased or otherwise controlled building or hanging out of any such building window

b.    Fire Safety: The following actions are prohibited:

(i) inappropriately pulling the fire alarm; (ii) intentionally initiating a false report or providing a false warning of an emergency; (iii) threatening to cause/or actually causing a fire or an explosion; (iv) endangering the safety of persons or property through or by the creation of a fire hazard, the endangering of the safety of persons or property through tampering with fire safety equipment. Fire and smoke alarm systems, as well as appropriate procedures, are provided for the protection of life and property in case of fire; (v) tampering with equipment such as EXIT signs, posted fire safety information, fire extinguisher and alarm systems; (vi) the improper use and/or possession of flammable, corrosive, poisonous chemicals or other hazardous substances

1) Any time the fire alarm is sounded students must leave the building immediately and return only when advised by College officials. During a fire alarm, all rooms will be opened to assure that residents have evacuated. It is a violation of the fire safety policy to fail to vacate a building if a fire alarm sounds.

14. Substantial College Interest: Albright College holds students to a higher standard. Any action that is not listed as an offense, but affects the substantial College interest, will be a violation under this offense. Albright College also reserves the right to cite students to this code of conduct for violations of federal, state or local laws.

a. Off-Campus:While the College has a primary duty to supervise behavior on its premises, there are many circumstances where the off-campus behavior of students affects a substantial College interest and warrants disciplinary action. Albright College expects students to conduct themselves in accordance with the law. Student behavior off the premises of the campus that may have violated any local, state or federal law, or yields a complaint from others alleging law violations or student misconduct, will be reviewed by the College. When students are found responsible for behavior off campus that both meets the definition of affecting substantial College interest and violates the Code of Conduct, sanctions will be applied. Student conduct committed off the campus that affects a substantial College interest is conduct that:

1) Constitutes a criminal offense as defined by the Pennsylvania Crimes Code. This includes violations of any local, state or federal law.

2) Indicates that the student may present a danger or threat to the health or safety of him/herself or others.

3) Significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder.

4) Is detrimental to the educational interests of the College.

5) Violates a code of conduct on another campus.

b. On-Campus:Actions on campus that either violate a local, state or federal law, or affect a substantial College interest, will be a violation under this offense.

15. Theft

a. Attempted Theft:Students who attempt to steal and are caught in the act.

b. Knowingly receiving stolen propertyand keeping it for oneself, or not taking the appropriate action of notifying officials, is also considered a violation.

c. Theft, relocation or unauthorized possession of property:This includes, but is not limited to, (i) tangible or intangible property belonging to the College or any member of the College or greater community; (ii) removing, using, misappropriating, stealing, or selling the property of the College or another person without prior consent or authorization; (iii) unlawfully transferring, or exercising unlawful control over, immovable property of another or any interest therein with the intent to benefit himself or another not entitled to.

d. Personal Theft: Students may file a complaint against other students who have stolen any of their belongings. Restitution is not the responsibility of the College.

e.   While committing theft, injures another; threatens another, or puts a fear of serious bodily injury. Physically takes property from another using force however slight.

f.   Vehicle Break-In: A person commits the offense of theft from a motor vehicle if he unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over moveable property of another from a motor vehicle with the intent to deprive him thereof.

16. Trespassing

a. Forcible Presence: Students who forcibly enter a building or room, or unlawful restraint will be a violation of this general offense.

b. Unauthorized Entry/Trespassing: This includes, but is not limited to, (i) trespassing or entering places without authorization, license or privilege to do so; (ii) inviting, encouraging or admitting an unauthorized person to enter College facilities or property and residence hall rooms; (iii) entering any area of the College with the illegal use of any key or access card; (iv) breaking into a building or occupied structure or separately secured or occupied portions thereof.

c. The College has the right to control use and entry into facilities for reasons of security, safety or protection of property. This includes closing facilities at specified times. It should also be recognized that an open or unlocked door is not an invitation to enter and use facilities. The same concept applies to computer entry or misuse.

17. Unauthorized use

a. This includes but is not limited to, the (i) unauthorized use of telephones and computers; (ii) unauthorized access or attempted access to any computer file, program or facility, or attempting to access College facilities when not authorized to do so; (iii) utilization of College premises for the manufacturing, duplication or alteration of documents; (iv) misuse of College property or other official documents, public or private, including forgery, alteration with intention to deceive, or misrepresent, and the obtaining, dissemination and abuse of confidential College information; (v) moving furniture from public areas to individual rooms, removing College furniture from a room or building, moving College property onto balconies, and using furniture and fixtures in a manner for which they are not intended.

b.   Unauthorized use of key/access cardsincluding, but not limited to the use, possession or duplication of any College key/access card without proper authorization from a College office.

18. Vandalism

a. Vandalism of College or Personal Property: Intentionally or negligently destroys or damages property owned by the College or another person. Vandalism includes, but is not limited to:

(i) defacement; (ii) abnormal alteration; (iii) destruction of another person’s property or College property, facilities or furnishings; (iv) causing damage, whether accidental or intentionally, and leaving the scene or failing to report the incident; (v) removal, loss or damage of windows or other property; (vi) removal or tearing down of any college affiliated posters; (vii) shooting of paintballs on the buildings, graffiti or other destructions; (viii) conduct that is disruptive where the intended act would have caused damage.

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D. Community Standards Procedures

The Office of Community Standards works to ensure that the standards of the community and College policies are upheld. While students have the right to enjoy their freedoms, there is also a sense of responsibility. To maintain the optimal learning environment, everyone within the Albright College community has the responsibility to familiarize themselves with and adhere to the Code of Conduct. The Office of Community Standards is responsible for responding to issues that may be in violation of the Student Code of Conduct.

1.     Definitions

Accused Student: Any student accused of violating the Student Code of Conduct.

Administrative Hearing Officer: Director of community standards or designee

Advisor: An individual who has agreed to assist the accused student/or complainant during a hearing conducted by Community Standards. The role of the advocate shall be limited to advising the student. The advocate may not appear in lieu of the accused student or speak on his/her behalf.

College Official: Includes any person employed by the College, performing assigned administrative or professional responsibilities.

College Premises: Buildings or grounds owned, leased, operated, controlled or supervised by the College.

Complainant: Any individual who initiates a disciplinary complaint or referral. A student who believes he/she has been the victim of another student’s misconduct becomes the complainant. However, this may not always be the case. Typically, a member of the Office of Public Safety may be the technical complainant.

Consent: Written Consent: It is an explicit and verifiable expression of permission. Explicit verbal consent: Saying “yes” to a specific activity.

Hearings: College hearings are not criminal or civil proceedings. They are processes administered by the College to find whether a student violated a College policy. The information gathered to find the student “in violation” or “not in violation” is based on the preponderance of evidence.

Informational Meeting: Meeting to discuss incident, hearing procedure and appeals procedure, and to answer any questions the accused student may have.

No Contest: A plea where a student is unable/unwilling to testify he/she is in violation or not in violation, or circumstances where students feel that some of the evidence is true but not all of it. Or, when students refuse to talk.

Preponderance of the Evidence: Information showing that it is more likely than not that a policy violation occurred.

Public Areas: Outside the residential hall room or within the room with the door open, includes lobby, main lounge, restroom, etc.

Student: Includes all persons taking courses at Albright College, both full-time and part-time, degree-seeking or non-degree-seeking.

2.     Advisor

a. The complainant and the accused student will have the right to choose an advisor who will be present for Community Standards Board hearings only.

b.   The advisor must be a member of the Albright College community (current students, faculty and staff, provided he/she is not an attorney). Attorneys and parents are not permitted to sit in the hearing room or serve as the complainant or accused student’s advocates.

c. The role of the advisor shall be limited to advising the student. Advisors may not appear in lieu of the accused student, interrupt the hearing, or speak on behalf of the student. They are simply there to advise the student/s. They may not present information or interrupt the hearings. If the advisor disrupts the hearings, he/she may be removed from the hearing room at the discretion of the chair of the hearing board.

d. The role of the advisor is to assist the complainant or accused student in preparing his/her case and/or assist the accused student in understanding the charges that have been brought. The advisor cannot speak on behalf of either the accused students or complainant.

3.    Filing a Complaint

a. Any student, student group, faculty member, staff member or administrator may bring a complaint against any student or student group by contacting the Office of Public Safety or the vice president for student affairs and dean of students.

b. The complainant, through the Office of Public Safety, must fill out an incident report. This is a formal complaint and requires a signed, written statement that describes the alleged incidents, as well as identification of any witnesses to that incident. Anonymous complaints will not be filed or kept on record. Public Safety personnel may also give students a notice to appear for Student Code of Conduct violations.

c. The complaint must state sufficient facts, including the specific name(s), date, location, and description of the alleged act(s) of misconduct in sufficient detail to enable the dean of students or designee to make a determination as to whether further fact-finding is necessary and/or if sufficient information exists for a hearing on the charge(s).

d. If the complainant withdraws a complaint, and there is a perceived threat to the individual or the community, the withdrawn allegation may be pursued by staff personnel in the Vice President for Student Affairs and Dean of Students Office. The decision to go forward with the complaint will be made by the vice president for student affairs and dean of students in consultation with the director of community standards and appropriate student, faculty and/or College administrator.

e. The Office of Community Standards must receive a complete incident report in order for the case to proceed. In most cases, charges are filed with the Office of Community Standards by the Office of Public Safety. In some instances other offices or College personnel may file a complaint. Public Safety will conduct an investigation and determine course of action.

4.     Notice to Appear

A student who has been involved in an incident that will be adjudicated by the Office of Community Standards will receive a “Notice to Appear.”

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E. Hearing Process

1. The Office of Community Standards will impose sanctions for those who have violated College policy.

2. Incident report(s) are filed by Public Safety. Upon closure, the file is then sent to the Office of Community Standards.

3. An informational meeting will be arranged for the accused student to discuss the hearing procedures, his/her rights, a review of the appeals procedure, and a review of the incident in question. Students will also be told what type of hearing they will have. There are two types of hearings: administrative and board.

4. Evidence : Complainants and accused may bring evidence or exhibits to the administrative hearing or board hearing. The administrative hearing officer and the Community Standards Hearing Board have the option of using such evidence when deliberating the case.

5. Witnesses: The list of witnesses must be submitted to the Office of Community Standards 24 hours prior to hearing.

6. Hearing officers have two business days to render their decision and notify the Office of Community Standards.

7. Upon the receipt of the decision, the Office of Community Standards has five business days to notify the student of the decision.

8. The student will then meet with the designee if necessary to discuss the results of the case.

9. Follow-up meetings may occur if necessary.

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F. Rights of the Accused

1. The choice of pleading “in violation,” “not in violation” or “no contest.”

2. The right to review relevant evidence and documents in his/her disciplinary file.

3. A review of the format of the hearing, which includes the right to call witnesses and the right to an advisor for board hearings only.

4. The right to refuse to answer questions.

5. The right to appeal.

6. The right not to attend a hearing. (However, the hearing will take place whether one attends or does not attend.) If the student chooses not to attend, and the hearing officer finds the student in violation, the student is responsible for completing all sanctions imposed by the due date. Failure to complete sanctions by the due date will result in additional sanctions and a hold on the student’s account.

7. The right not to be subjected to duress or threats, or any form of coercion, in order to gain an admission of “in violation” or “no contest,” or to gain information of other suspected persons.

8. A review of the appeals process and the right to appeal.

9. The right to question any material witnesses or evidence.

10. The right to challenge participation of a specific hearing board member.

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G. Rights of the Complainant

There are cases in which there is an identifiable alleged victim other than the College. When the director for community standards, vice president for student affairs and dean of students, or Community Standards Hearing Board chairperson agrees that a victim can be identified, that person is entitled to be present to hear all testimony, even if the hearing is closed, and to learn the decision of the hearing.

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H. Informational Meeting

1. At the informational meeting, the director of community standards or designee will discuss the student’s rights, the notice to appear, the procedure, and which type of hearing the case is assigned. At the informational meeting, students will have the opportunity to ask all necessary questions.

2. An informational meeting is a meeting between the accused student and the director of community standards or designee to discuss procedures for administrative and board hearings. Family members, friends and attorneys are not allowed at the informational meeting . The attorneys, family members or friends may not speak for the student.

3. Informational meetings are MANDATORY for administrative and board hearings. It is the student’s responsibility to attend the informational meeting when notified. If the student should encounter difficulties attending the informational meeting , it is the student’s responsibility to notify the Office of Community Standards in a timely manner and reschedule the meeting. If a student fails to attend the informational meeting and there have been no known attempts to reschedule, the Office of Community Standards will look in the record of the accused student. If there is documentation that the student has successfully received the hearing notification letter, the hearing will be scheduled without the student, and the hearing will take place as scheduled. The student may attempt to schedule an informational meeting prior to the hearing date.

4. The informational meeting will take place at least five days prior to an administrative hearing or board hearing.

5. Upon the discretion of the director of community standards and the agreement of the accused student, the Office of Community Standards may allow an accused student who states that he/she is pleading in-violation to receive a decision and a sanction without a hearing. The student will sign the charge form indicating that he/she accepts full responsibility for the charges and will fulfill any sanctions imposed for their actions.

6. Students will be able to view all relevant facts to reach a fair decision. Students will review their rights and choice of pleading:

a. The choice of pleading “in violation,” “not in violation” or “no contest”

b. The right to review relevant evidence and documents included in his/her disciplinary file

c.   A review of the hearing options and the format of the hearing, which includes the right to call witnesses

d. The right to refuse to answer questions

e.   The right to an advisor (only for board hearings). No other representative shall assist the accused

f.   The right not to be subjected to duress or threats or any form of coercion in order to gain an admission or “in violation” or “no contest” or to gain information about the conduct of other suspected persons

g.   Review of the appeal process

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I. Administrative Hearing

1. Description

a. The administrative hearing will occur at least five business days (days the College is open) after the informational meeting.

b. The administrative hearing is intended to handle serious offenses, repeated offenses and/or offenses that have five or more students involved.

2. Administrative hearings begin exactly on time. The hearing will continue in the absence of the accused and will not be reheard for the student.

3. Only the public safety officer, hearing officer, complainant, accused student, witnesses and members of the Office of Community Standards are allowed in the hearing room. Attorneys, friends (other than witnesses) and family members are not allowed in the hearing room at any time.

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J. Community Standards Hearing Board

1. Description: The Community Standards Hearing Board hears very serious incidents and/or cases with numerous student respondents. Advocates are permitted for students at the board level and no other hearing. The Community Standards Hearing Board is composed of faculty, students, staff and administrators. It is vested with the responsibility of resolving matters related to alleged violations of the Student Code of Conduct.

The Community Standards Hearing Board functions as the conscience of the Albright College community when determining whether a violation of the code has occurred. All matters coming before the board are to be treated in a confidential manner. It is the right of every student to have information concerning disciplinary matters confined to those directly involved.

Members of the various boards or panels are obliged to refrain from discussing cases with anyone other than fellow members. The confidential nature of the hearings pertains not only to the testimony presented but also to decisions rendered. At no time should a board member be involved in the decision-making process when he/she has a vested interest in the outcome of the case. Any prior knowledge about the case or personal involvement with the complainant, accused, or witness that would give cause for the board member to be biased or prejudiced in the decision-making process is sufficient justification for removing oneself from the deliberations. It is the responsibility of every member to consider as many relevant facts as possible to reach a fair and just decision.

2. Attorneys, friends (other than witnesses) and family members are not allowed in the hearing room at any time.

3. Board Membership: Each member of the board shall bear equal responsibility for service at the call of the chairperson. A quorum consists of five members, which includes a chairperson, at least one representative from each of the three constituencies:

a. Student membership consists of 15 voting student members who shall be appointed by the vice president of the Student Government Association (SGA) or dean of students. A maximum of four students shall be assigned to hear a particular case.

b.   Faculty membershipconsists of full-time faculty members and/or faculty members from the Campus Life Council. A minimum of one member will be assigned to hear a particular case.

c. Administrative and staffconsists of a minimum of three administrative/staff members appointed by the President’s Office. A minimum of one administrative/staff will be assigned to hear a particular case.

d. The chairpersonconvenes the board for meetings and hearings. The chair is a non-voting member of the board, except in the case of a tie vote. If the chairperson cannot serve for a particular case, he/she can appoint a temporary chairperson.

e.   Advisor for the accused students. The advisor must be a member of the Albright College community (current students, faculty and staff, provided he/she is not an attorney). Advisors are selected by the student.

4.    Board Hearing Procedures

a. The director of community standards or designee will make tape recordings of all hearings and maintain all records and hearing tapes in the file within the Office of Community Standards. Tapes may be reviewed if the sanction is appealed.

b. Hearings will begin exactly on time. Students should notify the Office of Community Standards of any difficulties they may have getting to the hearing at the designated time and place. The hearing will continue in his/her absence and will not be reheard for the student.

c. The board hearing may take place at least five business days after the informational meeting.

d. Community Standards Hearing Board deliberations may not commence unless a quorum, five members with at least one representative of the three constituency groups, and its representative is present.

e.   The hearing is confidential.

f. Any student or group referred to the board must appear at the time set for the hearing. If the student or group or its representative fails to appear without a justifiable reason, the case shall be heard without the person(s) present.

g. The complainant, accused or witnesses will be administered an oath by the board chair. The giving of false information by a student, faculty member, administrator/staff personnel to the board is a serious matter and will lead to appropriate disciplinary action as provided in his/her handbook. All persons appearing before the board shall be informed of this fact.

5.     Procedures for “not in violation”

a. Call to order by the chairperson

b. Verification of quorum declared by the chairperson

c.   Complaint read by the chairperson

d. Plea by the accused student (If the accused student fails to attend the hearing, the hearing will continue in his/her absence following the “not in violation” procedure.)

e. Complainant presents case and evidence

f. Complainant calls witnesses

g.   Accused student may question complainant

h.   Accused student may question witnesses

i.    Community Standards Board may question complainant

j.    Community Standards Board may question witnesses

k. Accused student presents case

l.    Accused student calls witnesses

m. Complainant may question accused student

n.   Complainant may question witnesses

o. Community Standards Hearing Board may question accused student

p.   Summary by complainant

q.   Summary by accused student

r. The chairperson excuses all witnesses, complainant and accused student so that the Community Standards Hearing Board can go into deliberations (confidential).

s. The Community Standards Hearing Board shall review and evaluate the information presented by the “preponderance of the evidence.”

t.    The Community Standards Hearing Board shall vote on each charge separately “in violation” or “not in violation.”

u.   Voting shall be by open ballot.

v. If the accused student is found “in violation,” the assistant director or director of community standards shall report to the board any past disciplinary matters and sanctions in the accused student’s file.

w. The Community Standards Hearing Board shall determine sanctions within the progressive discipline model.

x. Voting by open ballot

y. The sanction will be for an appropriate time period, which is determined by the board.

6.     Procedures for “no contest”

a. If the plea is “no contest” (does not want to answer), the complainant and the accused student may make a statement of mitigation.

b. The accused student and complainant are excused.

c. The director of community standards or designee shall report to the board any past disciplinary matters and sanctions in the accused student’s file.

d. The Community Standards Hearing Board shall determine sanctions within the progressive discipline/education model.

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K. Notification of Hearing Outcomes

1. Notification will be sent to the accused student that a decision has been made within five business days (days that the College is open) after the director of community standards has received the decision.

2. The director of community standards shall report the results of administrative hearings monthly to the Community Standards Hearing Board.

3. The vice president for student affairs and dean of students must maintain records for the safety and protection of the College community as a whole. Disciplinary records will be maintained, including those that do not result in a finding of “in violation.”

4. Disciplinary records are expunged seven years after the student’s graduation from Albright College.

5. Disciplinary records are maintained indefinitely for non-graduates and for students who have not completed their sanctions, to protect the College community.

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L. Sanctions

Note: At times, there may be one or more sanctions imposed if the student is found “in violation.” A student who has the sanction off campus is required to pay for their own travel expenses or any other additional expenses that may occur. The following are some examples of sanctions that may be imposed. Other sanctions may be imposed that are not necessarily listed.

1. Ban from Campus

2.   Campus Restriction: Includes, but is not limited to, restriction from buildings on campus, campus activities or events, and other clubs or organizations.

3.   Community Service: Gratis work on the campus or in the greater community.

4.   Disciplinary Probation: Probation that does not involve a loss of privileges. Additional violations during disciplinary probation will result in additional sanctions up to and including expulsion. Disciplinary probation is for a specific period of time.

5.   Educational Sanction:Paper, presentation, alcohol class, anger management class, creating brochures, watching a movie or other educational project. Educational sanctions will include general fines. The fines will vary depending on the educational sanction assigned. These fines will not exceed $100.

6.   Expulsion :A student’s education is terminated at Albright College. This action is permanent. Students will be responsible for all tuition, room, board and related charges due and no refunds of any payments will be made.

7.   Fines

8.   Hold on student account: If a student should fail to complete sanctions by the end of the semester, the Office of Community Standards will put a hold on the student’s account, which would disallow students from registering for classes or having any activity with their account.

9.    Housing probation: Very specific to housing and housing privileges, being a host to others, being able to arrive early to campus or stay late or apply for vacation/break housing, or being able to stay in housing over the weekend.

10. No Contact Order: You are directed not to have any contact with John Doe neither in person, nor by any other means (e.g. telephone, letters, recordings, etc.). Furthermore, no individual is to have contact on your behalf in any form. This No Contact Order remains in effect until such time as the College officially lifts it in writing.

11. Referral to the Health Center : Students who are thought to utilize alcohol, drugs or have anger issues may be referred to the Wellness Center to participate in an alcohol education program, or to the Counseling Center or other contracted service for assessment.

12. Referral for an Alcohol or Drug Assessment: Students may be referred to an outside agency for assessment. Students are responsible for the cost of the assessment and any transportation costs.

13. Removal from housing: The student may be required to leave housing for either a serious offense or repeated offense, or for failing to complete an outstanding sanction. If a student is removed from College housing, he/she is not entitled to a refund. Students violating this sanction may also be subject to suspension.

14. Restrictive probation: Involves the loss of privileges for a specific period of time. Any individual placed on restrictive probation may not hold office in College chartered or sponsored organizations or committees. They may not represent the College in such official activities as registered student organizations, athletics, music or dramatics. The student may be removed from a team or organization. If a student is found guilty of another offense while under restrictive probation, the student may be suspended or expelled from the College.

15. Summary/Interim suspension: The vice president for student affairs and dean of students is authorized in extraordinary circumstances and has discretion to take whatever action deemed necessary with respect to any student disciplinary matter. A summary/interim suspension may be imposed a) to ensure the safety and well-being of the members of the Albright College community or preservation of College property; b) to ensure the student’s own emotional or physical safety and well-being; or c) if the student poses as an ongoing threat or disruption of, or interference with, the normal operations of the College. Interim suspension shall become effective immediately without prior notice.

16. Suspension : A student’s education is temporarily interrupted for a period of time to be specified at the time of the disciplinary action. The student will be responsible for all tuition, room, board and related charges due and no refunds of any payments will be made. If applicable, the grade of “WF” will be issued.

17. Trespass Warning: There may be times when a student or student’s guest is no longer allowed to come on the College campus. Those guests will be asked not to return to the Albright College campus. Those who violate this will be considered trespassing and appropriate actions will follow. Hosts who aid in trespass will be cited to the Student Code of Conduct.

18. Withholding of diploma or grades: If a student fails to complete all sanctions by graduation or before the student decides to transfer, diploma and/or grades will be withheld until all sanctions are completed and the student is in good standing with the College.

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M. Failure to Complete Sanction

1. Should a sanction that requires follow-up (educational sanction, community service, etc.) not be completed by the designated deadline, the student will be found “in violation” for not complying. The consequences may include, but are not limited to:

a. Accounts will be held so that students may not register for their next classes and no activity can be made with the account.

b. Students who are in their last year will have their diplomas withheld until all outstanding sanctions have been completed.

c. Fines

d. Removal from housing

e. Suspension/expulsion by the vice president for student affairs

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N. Appeals

1. A student found “in violation” of the Albright College Student Code of Conduct by either the Community Standards Hearing Board or the administrative hearing officer may appeal the decision. The student must file a written appeal directly to the vice president for student affairs and dean of students for social violations within five business days (days that the College is open) of receipt of the decision. The basis of appeal must meet one of the following criteria: (i) Procedural violation; (ii) New evidence that was not available at the time of the hearing

2. The appellant may be interviewed at the discretion of the vice president for student affairs and dean of students. Students will be notified of the appeal decision in writing. The appeal decision is final.

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COMPASS 2011-12 TABLE OF CONTENTS