Social Responsibility

• A. Code of Conduct
• B. Student Code of Conduct
• C. General Offenses
• D. Public Health Offenses and Sanction Information
• E. Community Standards Procedures
• F. Definitions

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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. Educational programming is available to help students learn about themselves and make decisions that will support their growth and success in and out of the classroom.

• 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

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.

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 any time 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, The Compass, which can be also be found online here.

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B. Student Code of Conduct

The Albright College Student Code of Conduct was created by the Albright College community and is implemented by the assistant provost for the campus life, health and wellness division 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.

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.

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.

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 assistant provost for the campus life, health and wellness division 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. The Community Standards hearing board is specially trained to deal with these violations and receives specific training regarding sexual misconduct.

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. Pending proceedings may be suspended at any time at the discretion of the director of community standards.  Conduct violations in the category of sexual assault, harassment, dating or domestic violence or stalking will be adjudicated in a timely manner on campus regardless of criminal or civil charges off campus. 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.

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 Assistant Provost for the Campus Life, Health and Wellness Division, and the 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. There may be instances where a formal adjudication process is not followed but a student must interact with the Director of Community Standards or designee.  At the discretion of the Director of Community Standards, principles of conflict resolution and social justice may be incorporated to resolve misconduct issues in an informal setting. 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.
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C. General Offenses

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.  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.

c.    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.

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.
Note: Possession is defined as being in the presence of alcohol; (viii) empty alcohol bottles or cans are not permitted in rooms where occupants are under 21.
Note: Empty alcohol bottles used for decorative purposes are prohibited. This includes empty alcohol bottles refilled with colored liquids, sand, or any other substances.

c.    Underage consumption/possession: Students who are underage must not consume or possess either closed or open alcohol. Note: Possession is defined as being in the presence of 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. Participation in events off campus such as paintball tag, laser tag, etc., as sanctioned and supervised by Albright College is permitted and students may participate at their own risk.

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

c.    Prohibited items may be returned to students upon request, but only at the end of each semester.  Students must make arrangements with Public Safety prior to the departure from campus.  Not all items will be returned.  Any prohibited items that reappear on campus will be confiscated and will not be returned.

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, bath salts, 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 a student’s power to assess or control his or her conduct by administering, without the knowledge of the student, drugs or other intoxicants.

d.      Small amounts of a substance including residue found on a person or on Albright College campus property constitutes issuing a notice to appear for drugs. If the residue results in a positive test identifying the substance as an illegal drug, this will constitute follow up through the office of community standards for a drug offense.

6.  Failure to Comply

a.    Outstanding sanctions or failure to follow directives of disciplinary and or other behavioral/psychological 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.

d.      Repeat offenders of the Albright College parking policy may be issued a notice to appear for the offense of failure to comply; this falls under repeated failure to follow college regulations. Students who willfully and repeatedly fail to follow college parking regulations and are issued four violations in one semester may be held accountable through the office of community standards under the offense of, failure to comply.

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

REVISED as of 11/5/19, resulting from the Timothy J. Piazza Anti-Hazing Law, effective 11/18/18

Albright College prohibits hazing in any form and has adopted the definitions in Pennsylvania’s Timothy J. Piazza Anti-Hazing Law.  “Hazing” is defined as “intentionally, knowingly or recklessly” coercing or forcing a minor or student to do any of the following for the purposes of either admission to, or continuing or enhancing membership with, an “organization” (broadly defined to include any group at the school consisting primarily of minors, students or alumni, including Greek organizations and athletic teams):

• violate federal or state criminal law
• consume any food, drink, alcoholic liquid, drug or other substance that subjects the minor or student to a risk of emotional or physical harm
• endure brutality of a physical nature, including but not limited to whipping, beating, branding, calisthenics or exposure to severe weather and/or elements
• endure brutality of a mental nature, including but not limited to activity adversely affecting the mental health or dignity of the individual, acts of servitude, sleep deprivation, exclusion from social contact or conduct that could result in extreme embarrassment
• endure brutality of a sexual nature
• endure any other activity that creates a reasonable likelihood of bodily injury to the minor or student.

Hazing can occur on or off campus. The statute also includes medical amnesty or “safe harbor” that provides protection from criminal prosecution to individuals who make an immediate report of hazing to obtain medical attention for the victim.  This is consistent with the College’s Responsible Albrightian Policy.

In addition to being a potential violation of College policy, individuals or organizations can be prosecuted under Pennsylvania Law.  The Anti-Hazing Law also creates a new offense of “institutional hazing” which occurs when a college or university “intentionally, knowingly or recklessly promotes or facilitates” a hazing violation.

At Albright College, Public Safety will investigate hazing allegations and refer such matters to the Office of Community Standards for adjudication.  Greek organizations will also be referred to their respective National organizations for hazing allegations.  Students and/or organizations who are found responsible for hazing, will be subject to sanctions that may include but are not limited to:  fines, disciplinary or restrictive probation, withholding diplomas, rescinding an organization’s recognition, suspension, and/or expulsion.

9.   Inappropriate 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; 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; behavior that materially and substantially disrupts the college living environment; (iii) using obscene language or gestures; (iv) creating a physically offensive condition that shows no legitimate purpose; (v) abusive language toward members of the College community; (vi) throwing any object in the dining facility or out the window of a College facility; (vii) 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.

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 or making unreasonable noise; (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.     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.

e.     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.

Instances of lewd or indecent behavior may constitute sexual harassment that triggers the processes and procedures that Albright has put in place to investigate and adjudicate instances of such conduct.

f.      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 and/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.

g.    Unauthorized Recording: Unauthorized recordings are prohibited. Examples of unauthorized recordings include but are not limited to:

1. 1. Using any electronic device (including a smartphone) that is capable of photographing or audio recording or video recording to make a photograph or recording of a person when that person has a reasonable expectation of privacy or when a person indicates they do not consent to the photograph or recording.  Normally, people have a reasonable expectation of privacy in areas including, but not limited to, restrooms, locker rooms, bathrooms, and bedrooms;
   2. Distributing and/or transmitting, in any manner whatsoever, without an individual’s express consent, any photographs or recordings taken of any person wherein that person has a reasonable expectation of privacy or when a person indicates that they do not consent to the photograph or recording;
   3. Using any electronic device (including a smartphone) that is capable of photographing or audio recording or video recording to photograph or record any meetings with any college faculty, staff, or employees without the express permission of the college faculty, staff, or employees.

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. The College strictly prohibits, on-campus, the art of tattooing, body piercing, body art, body modification or similar activity and any other behaviors that jeopardize the health and safety of others, as determined by college officials. Any action that endangers the health and safety of our community, whether intentional or not, is a violation of this policy.

d.     Sexual Misconduct: Rape, sexual assault and sexual misconduct are violations 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. To prevent a complaint of sexual misconduct, individuals must be unmistakably sure of each other’s intentions and consent.  A model of affirmative consent (or yes-means-yes) where both parties must express affirmative desire to engage in sexual activity is the best model for healthy relationships.

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 incapacitated, 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.

Sexual misconduct also includes but is not limited to: (i) Rape; (ii) Nonconsensual touching or fondling; (iii) Lewd comments; (iv) Penetration with an inanimate or animate object; (v) Threats of physical harm.

e.    Sexual Harassment: Sexual harassment is any form of unwelcome sexual advances, requests for sexual favors or other verbal, written 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: Stalking is unwanted or obsessive attention by an individual or group toward another person.  Stalking behaviors are related to harassment and intimidation.  A person commits the crime of stalking when he/she engages in a course of conduct or repeatedly commits acts toward another person. This encompasses all forms of cyber-stalking via email, text messaging, and social media networks which include but are not limited to Facebook, Twitter and other forms of social media. Stalking includes following the person or monitoring them 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.

h.    Domestic Violence:

 “Social and legal concept that, in the broadest sense, refers to any abuse that takes place among people living in the same household, although the term is often used specifically to refer to assaults upon women by their male partners”.

i.     Dating Violence:

Dating violence is controlling, abusive, and aggressive behavior in a romantic relationship.  It can happen in heterosexual, bisexual or homosexual relationships.  It can include verbal, emotional, physical or sexual abuse, or a combination.

Controlling Behavior may include, but is not limited to:  not letting you hang out with your friends; calling or texting you frequently to find out where you are, whom you’re with, and what you’re doing; telling you what to wear; having to be with you all of the time.

Verbal and Emotional Abuse may include, but is not limited to:  calling you names; jealousy; belittling you (cutting you down); threatening to hurt you, someone in your family, or himself/herself if you don’t do what he/she wants.

 

11.  Misuse of Equipment

a.     Computer Technology: All students must comply with the Acceptable Use of Information Technology Resources Policy, found on the DSI website. Use of Albright College information technology resources constitutes an acknowledgement of this policy.

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 any violation of campus policy 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). Once permission is given, the host must register their guest at https://albright.presence.io/forms. Registering a guest is mandatory if the guest is visiting for any amount of time between the hours of 8PM and 8AM in the residence halls

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. Guests should not remain in room when host is not present. 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, combination 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. Depending on the situation, the non-resident or guest of resident could be subject to criminal charges.

8)    Guests are to use the appropriate restroom/shower facilities, i.e. male and female, or where available, single use non-gendered bathrooms in the residence hall.

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. In this case, the banned person will be issued a no trespass letter. In the event that the banned guest if found back on campus, the police will be called and the banned person will be charged with defiant trespass.

11)    Students who violate this policy are subject to fines ranging from $150-$500 and loss of the ability to register future guests.

11)    Students who are found to have egregious guest policy violations and/or repeated violations are subject to removal from housing/loss of housing, housing lottery restrictions and/or suspension or expulsion from the college.

b.  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.

Please Note:  Guests must be 16 years or older and all overnight guests must be registered in advance of their stay by their host. Residential Services will review all guest registration requests and reserves the right to approve or deny any guest at any time.

13.  Safety

a.    Breach of Security: Access to residence halls can only be accomplished through College issued identification card, which must be active during the time of use. Propping of doors or allowing access to the building to anyone 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.

b.    The following actions are prohibited:

1)    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

2)    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

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

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

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

6)     The removal of window screens

7)     Locking someone in their room, or blocking room exit

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

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

10)   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

c.   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.

2)    Incidents involving the tampering with or misuse of fire alarms, fire safety equipment and/or smoke detectors or committing acts of arson may result in removal from residence hall housing and termination of the housing & dining contract with no refund.

3)    Serious and/or repeated fire safety violations may result in suspension from the college.

4)    Fire safety violations may result in fines ranging from $50-$600 per incident.

Additionally, college buildings are routinely inspected by the Reading City Fire Marshal. If the Fire Marshal discovers fire safety offenses on our campus, the city will issue student fines that start at a minimum of $1,000. It is also important to point out that tampering with a smoke detector is a criminal offense (misdemeanor) and includes maximum fines of $5,000. A person(s) can be charged with a criminal felony offense for falsely pulling a fire alarm in Pennsylvania.

Fire Safety Violation Type	Sanctions – 1st Offense	Sanctions – 2nd Offense	Sanctions – 3rd Offense
Tampering with equipment (i.e. smoke detector, fire extinguisher, fire alarm, covering of sprinklers and/or pipes)	Verbal/written warning, $300 fine, educational fire safety video and quiz, five hours community service, disciplinary probation-one semester	Verbal/written warning, $400 fine, 10 hours community service, disciplinary probation-two semesters, housing probation-one semester, housing lottery restriction	Verbal/written warning, $500 fine, 15 hours community service, disciplinary probation- one semester, permanent removal from housing
Deliberately setting off fire alarm	Housing probation-one semester, disciplinary probation-one semester, repayment of all costs, educational fire safety video and quiz, $400 fine	Removal from housing, disciplinary probation-two semesters, repayment of all costs, $500 fine	One year suspension from the college, $600 fine, disciplinary probation through graduation, permanent loss of housing privilege upon re-enrollment

 

Explosives/Flammables

The possession or use of explosives, fireworks, flammable fluids (e.g., propane tanks), dangerous chemical mixtures, propelled missiles, or any other item that may present a threat to the safety of students or College personnel is strictly prohibited. No such items are to be stored in rooms, common areas or student vehicles on the Albright College campus. Students possessing or using any of these items will be referred to the Office of Community Standards and face suspension or expulsion from the College. Visitors will be subject to arrest and/or placed on trespass notice from the College.

Fire Safety/Alarms/Drills

The triggering of false fire alarms or tampering with fire extinguishers, hoses, sprinklers, exit signs, posted fire safety information, and/or the alarm system is prohibited. This also means that students may not hang objects from sprinklers. Individuals suspected of such offenses are subject to disciplinary action and/or criminal prosecution. The displaying of fire safety equipment (e.g., exit signs) is also prohibited. Tampering with fire equipment will result in significant fines (see Repair and Replacement Costs section), as well as disciplinary actions.

Anytime the fire alarm sounds, students must leave the building immediately and return when advised by College officials. Public Safety, Facilities, and/or Residential Life personnel will supervise the evacuation of the residence halls. When a fire alarm sounds, all rooms will be opened to ensure that residents have evacuated. Illegal items noticed during evacuation will be confiscated, and depending on the item, a full room search may be conducted. Failure to leave the building or re-entering prematurely will result in a fine and disciplinary action.

The College will conduct scheduled fire drills in each residence hall twice a year (fall and spring semesters) as required by law.

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. 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 property and keeping it for oneself.

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, which includes but is not limited to campus signage, traffic signs, street signs, college furniture, etc.; (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.    Not taking the appropriate action of notifying officials is also considered a violation.

e.    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.

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

g.    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, and/or prevent another person from leaving, will be in 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, computers and network systems; (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 cards including, but not limited to the use, possession or duplication of any College key/access card without proper authorization from a College office.

c.    Unauthorized use of ID cards at residence halls, dining hall, Schumo Center, or any other College facility.  Students should not lend or borrow another student’s ID card.

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. Public Health Offenses and Sanction Information

Prior Communications, Signage and Warnings

The college will continue to follow CDC guidelines and update the campus community on Albright’s COVID-19 procedures and expectations as they evolve. Please visit the college’s COVID-19 webpage for up-to-date information.

Warnings are sometimes issued from the offices of Residential Life, Public Safety, the Dean of Students, Athletics, Student Involvement and other campus partners, prior to a report being filed in the Community Standards Office. We also address reports submitted through an anonymous student public health violation form. Please note: formal warnings will not always be issued to a student prior to an official complaint being filed. Each situation is different and will be handled accordingly.

Student Code of Conduct– General Offenses for violating public health violations

6. Failure to Comply

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.

10. Jeopardizing Safety

3. 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. The college strictly prohibits, on-campus, the art of tattooing, body piercing, body art, body modification or similar activity and any other behaviors that jeopardize the health and safety of others, as determined by college officials. Any action that endangers the health and safety of our community, whether intentional or not, is a violation of this policy.

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.

1. Off-Campus: 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

Sanctions for Low-level public health violations – This includes, but is not limited to: not wearing a mask, mask not worn properly. Although masking is currently optional on campus, faculty, staff and event organizers may require masking in classrooms, meetings and events on campus. Masks must be worn properly (covering nose and mouth) in these cases. If the request is not followed, students are subject to disciplinary action.

1st Offense	2nd Offense	3rd Offense	4th Offense	5th Offense
Letter to parents	Letter to parents	Meeting w/parents/guardian & student	Meeting w/parents/guardian & student	Meeting w/parents/guardian & student
$100 fine	$200 fine	$300 fine	$400 fine	$500 fine
Educational session-provided by Student Pandemic Advisory Board	1-2 page reflective essay- how you can help to keep our community safe	Community Service related to public health and safety on-campus	Suspension-at least one semester	Suspension-1 academic school year
Disciplinary Probation-1 semester	Disciplinary Probation- 2 semesters	Restrictive probation-loss of participation in sports and organizations- 1 semester	Restrictive probation- loss of participation in sports and organizations for 1 entire academic school year	Restrictive probation- removal from athletic team and organizations
Formal warning-further incidents will result in greater sanctions	Formal warning-further incidents will result in greater sanctions	Disciplinary probation- 3 semesters	Disciplinary probation- 4 semesters	Disciplinary probation- through graduation

 

Sanctions for serious public health offenses– This includes, but is not limited to: breaking quarantine/isolation

Offense type	1st offense	2nd offense	3rd offense
Breaking quarantine/isolation	1.       Letter home to parents 2.       $300 fine 3.       Removal from housing/ban from campus for through duration of isolation period 4.       Restrictive probation- loss of participation in sports and organizations – 1 semester 5.       Create an educational power point presentation to share w/peers 6.       Disciplinary probation-1 semester	1.       Letter home to parents 2.       $400 fine 3.       Removal from housing/ban from campus through duration of isolation period 4.       Restrictive probation-loss of sports and participation in organizations- 2 semester 5.       Educational session-provided by Student Pandemic Advisory Board and/or designee 6.       Disciplinary probation-2 semester	1.       Letter home to parents 2.       $500 fine 3.       Removal from housing/ban from campus through duration of isolation period 4.       Restrictive probation-loss of sports and participation in organizations- 3 semesters 5.       1-2 page Reflective essay-covid-19 & how you can help to keep our community safe 6.       Disciplinary probation-3 semester
Non-Compliance with covid-19 testing requests	1.       Letter home to parents 2.       Removal from housing/ban from campus through duration of isolation period 3.       $100 fine 4.       Create an educational poster on covid-19 safety tips 5.       Disciplinary probation-1 semester	1.       Letter home to parents 2.       Removal from housing/ban through duration of isolation period 3.       $200 fine 4.       Educational session-provided by Student Pandemic Advisory Board and/or designee 5.       Disciplinary probation-2 semesters	1.       Letter home to parents 2.       Removal from housing/ban from campus through duration of isolation period 3.       $300 fine 4.       1-2 page Reflective essay-covid-19 & how you can help to keep our community safe 5.       Disciplinary probation-3 semesters

Other implications for students found in violation of the Student Code of Conduct and public health violations:

• Students removed from college housing are not entitled to refunds. Students violating sanctions may also be subject to interim suspension or suspension.
• Students removed from housing/banned from campus, interimly suspended or suspended from campus may risk losing financial aid award, which could result in a significant balance owed to the college.
• Students removed from housing/banned from campus, interimly suspended or suspended from campus may risk losing on-campus employment.
• For complete definitions of interim suspension and suspension, please click here.

Removal from housing/Ban from campus or Suspension- What does this mean?

• Students who are suspended from campus (after a finding of responsible through the Community Standards process), cannot attend classes or be in or on any Albright College property.
• Students who are removed from housing are also banned from campus due to COVID-19 safety concerns. Students who live in the residence halls (non-commuters) live outside 30 miles from the college and it would not be feasible or safe to travel back and forth to campus.
• Students who break quarantine or isolation will be removed from housing/banned from campus for the duration of the isolation period no exceptions. Banned students are responsible for finding another place to go if returning home is not an option. Removed students who refuse to leave campus will be issued an interim suspension until the case is adjudicated through the Community Standards Office.

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E. Community Standards Procedures and Processes

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, they are also responsible for their behavior in this environment. 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. The Office of Community Standards will impose sanctions for those who have violated College policy.

General Process

Filing a Complaint

To file a Title IX Complaint and view the Title IX process click here for complete Title IX Policy

1)     Any student, student group, faculty member, staff member or administrator may bring a complaint against any student or student group by contacting the Department of Public Safety, The Office of Community Standards, or the dean of students.

2)     The complainant, through the Department 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. Public Safety personnel may also give students a notice to appear for Student Code of Conduct violations.

3)    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).

4)    If the complainant withdraws a complaint, and there is a perceived threat to an individual or the community, the withdrawn allegation may be pursued by the dean of students. The decision to go forward with the complaint will be made by the assistant provost of the Campus Life, Health and Wellness Division and dean of students in consultation with the director of community standards and appropriate student, faculty and/or College administrator.

5)    Incident report(s) are filed by Public Safety and/or other witnesses. Upon closure, the file is then sent to the Office of Community Standards.

6)     TThe 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 Department 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.

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.”

The Notice to Appear is not an admission of responsibility or an acceptance of the charged violation; it is an acknowledgement and a requirement to meet with the Director of Community Standards or designee.

Informational Meeting

An informational meeting is a meeting between the accused student and the director of community standards or designee. This is scheduled upon receipt of a notice to appear.   At the informational meeting, the director of community standards or designee will discuss the charges, the notice to appear form, the student’s rights, and the procedures. At the informational meeting, students will have the opportunity to ask all necessary questions. Family members, friends and attorneys are not allowed at the informational meeting. The attorneys, family members or friends may not speak for the student at any point during the college adjudication process. If necessary, procedures for administrative and board hearings may also be discussed at the informational meeting. The informational meeting will take place at least five days prior to any administrative hearing or board hearing.

Informational meetings are MANDATORY. 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 within 24 hours 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 review the charges, determine responsibility and, if appropriate, apply sanctions. In addition, a $50 failure to comply charge will be assessed.

During the informational meeting, students will be able to review documents pertinent to the charges. Students will have the right to accept, or deny, responsibility for their actions.  If the student accepts responsibility for their actions the office of community standards will issue an appropriate sanction. The student will sign the charge form indicating that he/she accepts full responsibility for the charges and will be required to fulfill any sanctions imposed for their actions. Students who accept responsibility during the informational meeting waive their rights to a hearing and the appeal process.

If the student does not accept responsibility for violation of the charges, then an administrative or board hearing will be scheduled. Note: The informational meeting will take place at least five days prior to an administrative or board hearing. Student rights include:

1)     The right to review relevant documents included in his/her disciplinary file.

2)    A review of the types of hearing (administrative or board) and the format of the hearings, which includes the right to call witnesses for both types of hearings. Hearings held in response to charges of sexual misconduct have different requirements. See related section of this code.

3)     The right to refuse to answer questions.

4)     The right to an advisor (only for board hearings); advisors are not permitted at administrative hearings. No other representative shall assist the accused. Note: family members, friends and attorneys are not permitted to serve as advisors and are not permitted to sit in on hearing proceedings.  However, for sexual misconduct cases, attorneys may be permitted in the hearing process, only in an advisory role.  Parents and family members are not permitted in the hearing process.  See section F. Definitions for more information on the role of the advisor.

5)   The right not to be subjected to duress or threats or any form of coercion in order to gain an admission of accepting responsibility from the accused student.

6)   Written communication regarding the outcome of any hearing.

7)   Meeting to review the outcome of a hearing and the institutional appeal process at the student’s request.

8)     The right to confidentiality during disciplinary proceedings. Information will only be shared within the campus community on a need to know basis and generally in consultation with the student.

Administrative Hearing

The administrative hearing is intended to handle serious offenses, repeated offenses and/or offenses that have five or more students involved. A hearing officer, other than the director of community standards, is assigned to an administrative hearing.  The hearing officer is also referred to as the chairperson.

The hearing officer, complainant, accused student(s), 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.

Community Standards Board Hearing

The Community Standards Hearing Board hears very serious incidents and/or cases with numerous student respondents.  Advisors 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. Hearing board members are trained specifically on matters that may be brought to board hearings. Training happens regularly once per academic year and then on an ongoing basis as necessary and/or as mandates require.

The purpose of the Board is to be educative by redirecting behavior and increasing student awareness of the behavioral expectations of the Albright College community; however, the Board needs to weigh the rights of the respondent against the welfare of the Albright College community.  Hearings should be conducted in an atmosphere of friendliness, with only enough emphasis on formal procedure to maintain dignity and decorum.

Albright College and the policy of the Board require that all hearings before it be completely closed and confidential. The names of all parties in a case, including names of all witnesses, and information, both written and verbal, pertaining to the case, whether pending or completed, must not be revealed to any person other than Board Members responsible for hearing the case or Albright College employees designated in the Student Code of Conduct as participants in the Albright College Student Conduct Process.  Members of the various boards or panels are obliged to refrain from discussing cases with anyone other than fellow members. 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 reporting party, responding party, 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. The confidential nature of the hearings pertains not only to the testimony presented but also to decisions rendered. The vote of each member is confidential as well and should not be discussed outside the executive session.  Decisions of a Board are assumed to be that of the Board as a whole.

Only the public safety director or designee / officer (s), hearing officer, complainant or reporting party, respondents, witnesses, advisors, 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. The advisor for the respondents or reporting parties must be a member of the Albright College community, which includes current students, faculty and staff, provided he/she is not an attorney.  Advisors are selected by the student.   However, for sexual misconduct cases, attorneys may be permitted in the hearing process, only in an advisory role.  Parents and family members are not permitted in the hearing process.  See section F. Definitions for more information on the role of the advisor.

The College’s files or records, including notes taken during a hearing, must not be removed from the hearing room without permission of the Director of Community Standards.  At the conclusion of a hearing all notes will be collected by the Director of Community Standards and shredded.  Hearings are digitally recorded for internal purposes only and will not be released otherwise. The Dean of Students Office and Community Standards must maintain records for the safety and protection of the College community as a whole.  Disciplinary records will be maintained, including those that result in a finding of “not responsible”. Disciplinary records are expunged seven years after the student’s graduation from Albright College, if all sanctions are completed. Disciplinary records are maintained indefinitely for non-graduates to protect the College community.

Board Membership
Each member of the board shall bear equal responsibility for service at the call of the chairperson. Community Standards Hearing Board deliberations may not commence unless a minimum of three members with at least one representative of the three constituency groups, and its representative is present (see exception to student board membership in “Note for Sexual Misconduct Hearings” section).

1)    Student membership consists of voting student members of the Student Government Association who complete training. A maximum of three students shall be assigned to hear a particular case.

2)     Faculty membership consists of full-time faculty members who complete training. A minimum of one member will be assigned to hear a particular case.

3)     Administrative and staff membership consists of administrative/staff members from any administrative division on campus who complete training. A minimum of one administrative/staff member will be assigned to hear a particular case.

4)    The chairperson convenes 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.

Administrative and Board Hearings

To view the Title IX Board hearing policy and process click here for reference to complete Title IX Policy.

Process

1)     Hearings will occur at least five business days (days the College is open) after the informational meeting.

2)    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. Note:  the accused student may not delay the scheduled hearing unless there is an unforeseen emergency.

3)    If witnesses are to give statements at the hearing, both the complainant and the respondent must provide a list of witnesses (with contact information for each witness) to the Office of Community Standards no later than 48 hours prior to the scheduled hearing.

4)    The director of community standards or designee will make recordings of all hearings and maintain all records on the file within the Office of Community Standards. Tapes or digital recordings may be reviewed by college personnel external to the hearing if the decision is appealed.

5)     Hearings are confidential.

6)    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.

7)    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. All persons appearing before the board shall be informed of this fact.

Procedures

1)     Call to order by the chairperson, (also referred to as hearing officer).
2)     Verification of a minimum of three board members declared by the chairperson (for board hearings only).
3)     Complaint read by the chairperson.
4)     Plea by the accused student, where the student either accepts responsibility or does not accept responsibility for the charges placed against them. If the accused student fails to attend the hearing, the hearing will continue in his/her absence, with the assumption that the student does not accept responsibility.
5)     Complainant presents case and evidence.
6)     Complainant calls witnesses.
7)     Accused student may question complainant (not applicable in cases of sexual misconduct).
8)     Accused student may question witnesses.
9)     Chairperson or Community Standards Board may question complainant.
10)   Chairperson or Community Standards Board may question witnesses.
11)   Accused student presents case.
12)   Accused student calls witnesses.
13)   Complainant may question accused student (not applicable in cases of sexual misconduct).
14)   Complainant may question witnesses.
15)   Chairperson or Community Standards Hearing Board may question accused student.
16)   Summary by complainant.
17)   Summary by accused student.
18)   The chairperson excuses all witnesses, advisors, complainant and accused student so that the chairperson or Community Standards Hearing Board can go into deliberations (confidential).
19)   The chairperson or Community Standards Hearing Board shall review and evaluate the information presented under the standard of “preponderance of the evidence.”
20)   The chairperson or Community Standards Hearing Board shall vote on each charge separately “responsible” or “not responsible.”
21)   Voting shall be by open ballot (board hearings only).
22)   If the accused student is found “responsible,” the director of community standards shall report to the chairperson or board any past disciplinary matters and sanctions in the accused student’s file.
23)   The chairperson or Community Standards Hearing Board shall recommend sanctions within the progressive discipline model.
24)   Voting by open ballot (board hearings only).
25)   Hearing officers have two business days to render their decision and notify the Office of Community Standards.

(a)   Upon the receipt of the decision, the Office of Community Standards has five business days to notify the student of the decision. In cases of sexual misconduct, both the accused student and complainant will receive notification of the decision.
(b)   The student will then meet with the designee if necessary to discuss the results of the case.
(c)    Follow-up meetings may occur if necessary.

Rights of the Accused

1)     The choice of pleading “responsible,” or “not responsible”.
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 the decision of the board.
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 responsible, 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; this could jeopardize student status at the institution.
7)     The right not to be subjected to duress or threats or any form of coercion in order to gain an admission of accepting responsibility from the accused student.
8)     The right to challenge participation of a specific hearing board member.

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, Assistant Provost for Campus Life, Health and Wellness, or Community Standards Hearing Board chairperson agrees that a victim can be identified, that person is entitled to be present to hear all testimony and to learn the decision of the hearing. In cases of sexual assault/rape and sexual harassment, the complainant may also appeal the decision.

The Director of Community Standards will determine which witnesses may, or may not, be called at a hearing. The hearing officer may then determine whether or not to hear testimony from a witness at the hearing.

Notification of Hearing Outcomes

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. In cases of sexual assault/rape and sexual harassment, the complainant will also receive notification of the decision.

If the student is found responsible and a sanction is assessed, the student will be given a deadline for completion.

If the student fails to complete sanctions by the assigned deadline, the student will be found “responsible” for not complying. Consequences may include, but are not limited to:

1)     Accounts will be held so that students may not register for their next classes and no activity can be made with the account.
2)     Students who are in their last year will have their diplomas withheld until all outstanding sanctions have been completed.
3)     Fines
4)     Removal from housing
5)     Suspension/expulsion

The 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 result in a finding of “not responsible” for a violation through graduation and then will be expunged seven years after a student’s graduation.

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

Appeals

A student found “responsible” of a violation of the Albright College Student Code of Conduct by either the Community Standards Hearing Board or the administrative hearing officer may appeal the hearing decision.

The student must file a written appeal directly to the Vice President for Student Affairs and Campus Life (or designee) 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.

Students will be notified of the appeal decision in writing. The appeal decision is final.

In cases of sexual assault/rape and sexual harassment, the student who is found responsible as well as the complainant may appeal the decision and/or the sanctions imposed. Appeals must be directed to the Vice President for Student Affairs and Campus Life.

Sanctions

Please Note: At times, there may be one or more sanctions imposed if the student is found “responsible.” 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.

Ban from Campus: Student is not permitted anywhere on campus, unless escorted by a College Official for proceedings related to the Community Standards process.

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

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

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.

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

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. If applicable, the grade of “WF” will be issued. Students are not permitted to be on campus for any reason.

Fines:  Standard fines for alcohol and drug offenses are $100 (first offense), $200 (second offense), and $300 (third offense).  Fines may be imposed for other violations (i.e. $50 for failure to comply).

1st Offender – Sanctions $100.00 Fine – Community Standards Parent Notification Level I Substance Use Education Group (1 session) referral to Caron Foundation – $50.00 Fee will apply Disciplinary Probation (1 semester)

2nd Offender – Sanctions $200.00 Fine – Community Standards Parent Notification Level II Substance Use Intervention (2 individual sessions) referral to Caron Foundation – $125.00 Fee will apply Disciplinary Probation (2 semesters)

3rd Offender – Sanctions $300.00 Fine – Community Standards Parent Notification Level III Substance Use Intervention (3 individual sessions) referral to Caron Foundation – $175.00 Fee will apply Disciplinary Probation (2 semesters) Restrictive Probation (1-2 semesters): This includes some type of athletic or student club/organization suspension; and/or removal from housing.

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.

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.

No Contact Order: You are directed not to have any contact with John Doe in person, nor by any other means (e.g. telephone, letters, recordings, social media, 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.

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

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.  Students must sign a release in order to verify documentation.

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.

Restitution – Reimbursement for defacement, damages to, or theft of property or payment of medical bills.

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 responsible of another offense while under restrictive probation, the student may be suspended or expelled from the College.

Summary/Interim suspension: The Assistant Provost for Campus Life, Health and Wellness or the 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.

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. Student will have the right to apply for readmission at the end of the suspension period. Students receiving this sanction will receive the “WF” grade for the semester for which he/she received the sanction. Upon receipt of the notification, the student will be given 24 hours to vacate the residence halls unless an extension is granted by the Assistant Provost for Campus Life, Health and Wellness and Dean of Students.  During this suspension the student is prohibited from attending Albright College classes, on or off campus, is prohibited from obtaining academic credit at Albright College, and is restricted from being on campus.  Students must be escorted by a college official or Public Safety if they are required to meet with someone on campus. Students violating this sanction may also be subject to suspension and/or expulsion from the college. If a student is found responsible of another offense while under disciplinary probation, the student may be suspended or expelled from the College.

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.

Warning – Official verbal or written notice that the student’s behavior was inappropriate and that future violations will result in more severe sanctions.

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.

Finally, though the purpose of any sanctions imposed are primarily to address or respond to student conducts, clearly some sanctions may have negative implications for academic progress, grading and access to instructional spaces.

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F. Definitions

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

Administrative Hearing Officer: Director of community standards or designee; chairperson.

Advisor: An individual who has agreed to assist the accused student/or complainant during a hearing conducted by Community Standards. The role of the advisor shall be limited to advising the student. The advisor may not appear in lieu of the accused student or speak on his/her behalf. 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 advisors. 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 chairperson of the hearing board. For sexual misconduct cases, attorneys may be permitted in the hearing process, only in an advisory role.  Parents and family members are not permitted in the hearing process.

Chairperson, or Hearing Officer: For board hearings, the chairperson convenes 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. For administrative hearings, the chairperson is the sole voting official hearing officer.

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, or Victim: 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 Department 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.

Evidence (for administrative and board hearings only): 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.

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 “responsible” or “not responsible” is based on the preponderance of evidence standard.

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

Preponderance of the Evidence: Standard of proof used to determine responsibility for charges. The standard asks is it more likely than not, based on the evidence and documentation presented, that the policy violation occurred.

Public Areas: Outside the residential hall room or within the room with the door open, includes lobby, main lounge, restroom, etc. Any area open to the public on the Albright College campus or at branch campus locations.

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

Witnesses (for administrative and board hearings only): A witness is anyone who was present during the incident, observed the policy violation, or has direct knowledge of the incident.  The list of witnesses must be submitted to the Office of Community Standards 48 hours prior to hearing.  The complainant or Public Safety, and the respondent may call upon witnesses at the discretion of the Director of Community Standards or the Hearing Officer.  The college does not permit character witnesses or expert witnesses in the hearing process.

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