Student Conduct System

CONDUCT PROCESS

An event is documented in an incident report.

The incident report is given to the Student Conduct Office for review.

The student is contacted to schedule a conduct meeting (generally by College email). If a student does not respond to the initial notice, a second notice will be sent requesting that the student schedule a meeting within a specified period of time. If the student fails to schedule and attend a meeting, the adjudicating authority will hold the meeting in the student’s absence. If the student is found responsible for violations, a sanction letter will be sent to the student detailing the outcome.

Normally, hearings shall be conducted in private. However, admission of any other person to the hearing shall be at the discretion of the adjudicating authority.

In instances involving more than one student, individual hearings may be provided.

The adjudicating authority reserves the right to involve additional participants in the conduct process. For instance, coaches, advisers, IT personnel, peers, etc. may participate in the process when deemed appropriate by the adjudicating authority. Witnesses may also be consulted at the discretion of the adjudicating authority.

The student has the right to be assisted by an advisor of the student’s choice and at the student’s own expense. The student is responsible for presenting his or her own information and argument and, therefore, advisors are not permitted to speak or to participate directly in any hearing.

The student has the right to present the information from witnesses during the hearing. If the student requests witnesses be permitted to present their statements at the hearing, the student must demonstrate the relevancy of the witness’s information prior to their admission to the hearing. If such relevancy cannot be demonstrated, the adjudicating authority may refuse to hear the information.

Permanent records, exhibits, and written statements may be accepted as information for consideration at the discretion of the adjudicating authority.

All procedural questions are decided by the adjudicating authority.

The hearings may be taped by the adjudicating authority.

The adjudicating authority determines if the student is responsible for the incident. If the student is found responsible, the adjudicating authority will use the Conduct Code as a guide in determining an appropriate sanction.

The student is provided with a decision letter which includes guidelines for appealing the decision.

STUDENT CONDUCT RECORDS

A student’s housing and student conduct records are protected as educational records. In most cases, a student’s housing and student conduct record will be retained for seven years after the student graduates, withdraws, or transfers from the College. Certain student conduct records, including ones involving sexual assault or other serious violations, are retained indefinitely at the discretion of the Director of Residence Life & Student Conduct.

Students may request to have their student conduct record expunged by submitting a written request to the Director of Residence Life & Student Conduct. A request for expungement may be initiated only upon completion of all degree requirements and attainment of a degree. Record expungement, whether in whole or in part, shall be at the sole discretion of the Director of Residence Life & Student Conduct. Expungement may occur only for students who have sanctions other than suspension or expulsion and whose violations were determined to have not threatened or endangered the health or safety of any person.

All records maintained by the Student Conduct Office, including incident reports and sanction information, are protected as educational records by the Family Educational Rights and Privacy Act (FERPA).

CONDUCT CONSEQUENCES

DISCIPLINARY LEVELS

WRITTEN WARNING

A written warning is a notice that the student’s behavior is unacceptable to the Mercyhurst College community and that further misconduct may result in more severe outcomes. Warnings are taken into account in the event of future violations. A written warning is the only disciplinary level that does not result in the loss of housing points.

WRITTEN REPRIMAND

A written reprimand is an official censure for violating College regulations and is taken into account in the event of further violations. Written reprimands result in the loss of one housing point.

SOCIAL PROBATION

Social probation is meant to monitor and address student behavior to assess their adjustment to the demands of college life. Involvement in another incident during this probationary period may result in more serious disciplinary sanctions. Social probation results in the loss of two housing points.

DISCIPLINARY PROBATION

Disciplinary probation is the next level of probation. A student is on disciplinary probation for a specified period of time. A student may be denied participation in certain activities and/or face facility restrictions. Involvement in another incident during this probationary period may result in more serious disciplinary sanctions. Disciplinary probation results in the loss of three housing points.

SUSPENSION

Suspension is a temporary separation from the College and requires that a student ceases attendance at class and participation in college activities, and vacates the College premises for a specified period of time. There shall be no refund of tuition, room, or other fees due or payable for the period of the suspension. While on suspension, a defiant trespass notice will be issued. Suspension (included abated suspension) results in the loss of four housing points in the academic year during which the student returns.

INTERIM SUSPENSION

In certain circumstances, it may be necessary to impose a suspension immediately. This interim suspension is used when there is substantial reason to fear harm to persons or property, to ensure the safety and well-being of members of the College community, or when there is a threat of or actual disruption or interference with the normal operation of the College. During the period of interim suspension, a defiant trespass notice will be issued.

With the safety and welfare of the College community in mind, it may be necessary for a student with emotional or psychological issues who significantly disrupts student life, or who is a danger to him- or herself, to be required to leave campus immediately for a designated period of time, determined by the Director of Residence Life & Student Conduct or designee in consultation with appropriate College personnel. College authorities must approve an acceptable statement of the student’s physical and emotional fitness before determining whether the student will be permitted to return to campus.

EXPULSION

Expulsion is a permanent separation from the College. The College reserves the right at any time to expel any student engaging in any conduct that, in the opinion of the College, is detrimental to the welfare of the College community. There shall be no refund of tuition, room, or other fees due or payable. Upon expulsion, a defiant trespass notice will be issued.

DISCIPLINARY SANCTIONS

MONETARY FINES

Monetary fines may be required of a student who violates the Conduct Code. The student may be permitted to satisfy these fines through community restitution.

COMMUNITY RESTITUTION

Community restitution may be required of a student who violates the Conduct Code. The adjudicating authority will assign the number of hours required, the work location, and the name of the community restitution supervisor. The student is entirely responsible for contacting, coordinating, completing community restitution hours with the supervisor, and submitting verification to the Student Conduct Office by the specified date.

MONETARY RESTITUTION

When deemed appropriate, the student may be required to pay for damages or other expenses incurred as a result of the student’s actions. Monetary restitution may be required to the College, an individual, a department, etc.

EDUCATIONAL SANCTION

When deemed appropriate, educational sanctions such as mediation, attendance at Alcohol and Drug Education classes, a formal apology (in person or in writing), a public presentation, a research paper, etc. may be assigned.

REMOVAL FROM HOUSING

Any student incapable of cooperative community living may be removed from housing. A student may be removed from all campus housing, or a student may be moved from a room or apartment to another location on campus. Should this occur, the original group of students who signed-up to live together may be split up and assigned to available open spaces on campus. The student may also be restricted from visiting specified campus areas or activities. There shall be no refund of room or other fees due or payable.

LOSS OF OFF-CAMPUS HOUSING PRIVILEGE

A student living off-campus may lose that privilege if behaviors disturb or disrupt neighbors or the neighborhood, or bring disrepute to the College.

FACILITY RESTRICTIONS

A student who has been assigned facility restrictions may not be permitted to visit campus housing or to be in the outside areas adjacent to these residences. The student may also be restricted from additional campus facilities and activities.

COUNSELING ASSESSMENT

A student who has been assigned a counseling assessment is required to schedule a session (or sessions) with the College’s Counseling Center or a counselor approved by the Counseling Center. The student will be required to follow any suggestions/recommendations made by the counselor and ensure verification of attendance and compliance with recommendations is provided to the Director of Residence Life & Student Conduct.

PARENT/GUARDIAN NOTIFICATION

The College recognizes the vital interest and supportive role of parents and/or guardians. As such, the College reserves the right, to the extent allowed by law, to notify parents and/or guardians when the College believes it is in the best interest of the student, parents and/or guardians, and/or College to do so. Such notification is intended to help the student, parents and/or guardians, and College cope appropriately with such situations. When possible and appropriate, the student will have the opportunity and will be encouraged to initiate contact with the parents and/or guardians. In many instances, State and Federal regulations restrict the College’s ability to provide information without a signed FERPA release from the student. Students may complete and sign the release by visiting the Student Conduct Office.

SEXUAL HARASSMENT POLICY
& SEXUAL HARASSMENT
PANEL PROCEDURES

I. STATEMENT OF PURPOSE

Respect for the dignity and worth of each individual is a precept of Mercyhurst College. As such, Mercyhurst College prides itself as a community that nurtures the growth and development of all its members. Each faculty member, staff member, student, or other individual who is in a working or learning relationship with Mercyhurst College is entitled to respectful treatment in an environment free from sexual harassment. All persons will be held to standards of conduct ensuring that all members of the Mercyhurst College community are free from sexual and other forms of harassment. To ensure that a harassment-free environment is available to all members of the Mercyhurst College community, the College has adopted the following policy and procedures related to sexual harassment. The goal of this policy is not simply to enforce limitations on harassment already encoded in civil rights legislation, but to transcend said legal codes and appeal to principles governing honorable behavior in a just and principled community. Nothing in this policy is meant to limit the rights of an aggrieved person to seek relief in a state or federal court of law.

II. DEFINITION OF SEXUAL HARASSMENT

A. The term “harassment” refers to behavior that is not welcome, that is personally offensive, and that fails to treat others with dignity and respect.

B. Title VII of the 1964 Civil Rights Act defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.”

C. Any harassment based on the gender or sexual preferences of the offended individual, including unwelcome sexual advances; requests or demands for sexual favors; and other verbal or physical conduct, including, but not limited to:

1. Situations in which submission to sexual conduct or requests/demands for sexual favors is made – explicitly or implicitly – a term or condition of employment, education or participation in extracurricular activities.

2. Situations in which submission to or rejection of such conduct is used as the basis for an employment decision or other evaluation, including grading, participation in sports and other institution-related activities.

3. Unwelcome touching; sexual or sexually explicit jokes, stories, pictures, drawings, gestures or language are considered harassment.

4. Any conduct or communication that has the purpose or effect of substantially interfering with the work environment of other employees, interfering with a student’s education, or creating an intimidating, hostile or offensive working or learning environment.

D. Each member of the Mercyhurst College community must understand that even thoughtless or unpremeditated behavior can have the effect of harassment. This effect may or may not constitute sexual harassment.

E. In any situation where there is an inherent imbalance of power between the parties, romantic and/or sexual relationships are strongly discouraged. However, it should be noted that the intent of the Mercyhurst College Sexual Harassment Policy is to prevent sexual harassment and not to prohibit personal and social relationships among supervisors, co-workers, faculty, and students. However, even consenting relationships between persons where a power differential exists are discouraged; charges of sexual harassment may be raised, even if both parties had initially consented to the relationship.

III. COMPLAINT PROCESS (The complaint process will follow the specific guidelines set forth below)

A. Informal Complaint Process

It is frequently advisable to discuss an incident of sexual harassment with another person before taking either informal or formal action. In such a discussion, it can be established how serious the situation may be and how best to address the offensive behavior. Other services, such as counseling, may be available to aid the complainant of harassment. In addition to the friends and advisors to whom a person of the Mercyhurst College community might ordinarily turn, a number of Mercyhurst faculty, staff and administrators will receive training enabling them to help a complainant of sexual harassment. A list of advocates will be available through the Sexual Harassment Officer to any interested person, as well as circulated throughout the College community.

Depending on the circumstances of a particular incident and the wishes of the complainant, the advocate’s role may include any of the following informational or supportive activities:

1. Listening to and discussing the incident with the advisee;

2. Helping the advisee decide whether to resolve the situation on his or her own;

3. Helping the advisee understand the options available under the College’s sexual harassment procedure.

The complainant may choose at any point not to pursue the matter any further. However, should the complainant wish to pursue the matter, the advocate shall assist him/her in doing so.

Should the complainant decide to pursue the matter further, the advocate may assist the complainant with an informal resolution of the complaint. Advocates are expected to respect the confidentiality of all procedures.

B. Informal Resolution of an Informal Complaint (may be resolved in two ways)

1. Conversation with person whose behavior is at issue

If an advocate believes that the conduct complained of is ambiguous or unintentional, but nonetheless disturbing and/or inappropriate, the advocate may suggest that the person whose behavior is at issue be advised that he or she should be careful to avoid actions that, while innocent, could be misinterpreted. This conversation will be initiated by the Sexual Harassment Officer upon discussing the matter with the complainant, the advocate, or both, and the person who is complaining about the behavior has the right to have his or her name kept confidential throughout the course of the conversation. However, it is important for the advocate to apprise the complainant that the person exhibiting the disturbing behavior may know who submitted the complaint. The Sexual Harassment Officer will inform the advocate that the conversation has taken place. Nothing else is to be conveyed to the advocate without the explicit permission of the person whose behavior is at issue. No record will be kept of the advisory conversation.

2. Other Informal Resolutions

Informal resolutions of sexual harassment charges may also take one or more of the following forms, upon the consent of the complainant:

a. The parties may meet and discuss the behavior in question, in the presence of an advocate or the Sexual Harassment Officer, who may act as a mediator;

b. The complaining party may send a letter to the alleged aggressor, describing the circumstances that were offensive and requesting that those actions not be repeated;

c. Discussions between the parties and advisors may result in a recommendation of professional counseling for either party;

d. Advisors may recommend referral of the case for mediation;

e. The parties may consent to any other appropriate action bringing about a resolution to both parties.

It should be understood that complaints and allegations of harassment will be held in confidence insofar as possible when informal procedures are to take place. If informal procedures are inadequate to achieve the goal of preventing further harassing behavior, fairness demands that the accused be apprised of the identity of the accuser. All parties involved in informal procedures are obliged to maintain strict confidentiality of all parties and proceedings.

Resolution of informal complaints is not achieved until the complainant is satisfied that the behavior at issue has stopped.

C. Formal Complaint Process

Allegations and complaints of any type of harassment must be reported as soon as possible and should be made in writing to the Sexual Harassment Officer. The complaint process will follow the specific guidelines set forth below.

If a charge of harassment cannot be resolved through informal procedures, or if a person who believes he or she has been harassed wishes to pursue formal procedures, the complainant may choose to utilize a more formal process.

1. Investigation

Investigation into a sexual harassment allegation will be headed by the Sexual Harassment Officer and/or the Director of Residence Life & Student Conduct or other determining party. All parties and witnesses and any other persons who may have information that would help settle the matter would be interviewed separately. When at all possible, all persons who could corroborate one another’s stories will be called in to make statements simultaneously, so that outside corroboration cannot take place.

2. Sexual Harassment Grievance Panel

The Sexual Harassment Grievance Panel will serve as an advisory board to the Director of Residence Life & Student Conduct or other determining party. Following the gathering of statements from all involved parties and/or witnesses to an alleged incident, the Sexual Harassment Grievance Panel will meet to discuss the case. The Sexual Harassment Grievance Panel will review all written statements and will hear testimony from the Director of Residence Life & Student Conduct or other determining party, and from the Sexual Harassment Officer. The Sexual Harassment Grievance Panel will then make a recommendation as to the appropriate charge(s) to bring against the accused, along with suggested sanctions.

The Committee shall consist of six members of the College community. Two members of the faculty shall be appointed by the Faculty Senate; two members of the student body shall be appointed by the Mercyhurst Student Government; and two members of the administration shall be appointed by the President. After being convened, the panel shall elect one of its members as chair of the panel. None of the members of the panel shall be a person who receives a copy of the written decision of the grievance panel, as set forth below in section three (3). If any panel member, upon learning the names of the persons involved in the sexual harassment complaint, believes they have a conflict of interest or any potential bias, they shall, at their own initiative, excuse themselves from the case. The chair of the panel shall then appoint other committee members to make up the required panel.

3. Inquiry of the Sexual Harassment Grievance Panel

At the conclusion of the inquiry, and within five days of the inquiry, the panel shall prepare a written statement of facts. The statement shall include a summary of all relevant facts discovered in the course of the investigation. Additionally, the panel shall decide whether there has been a violation of the sexual harassment policy, and shall prepare a written statement of its decision indicating its reasons and including a proposed sanction. If the case involves a student, a copy of this statement shall be sent to the Director of Residence Life & Student Conduct.

The Director of Residence Life & Student Conduct will receive and review the panel’s report and recommendation of sanctions, if any, which can include dismissal from the College. The Director shall have access to the complete record of the case. If the Director of Residence Life & Student Conduct determines that the sanctions recommended by the panel are inappropriate, he or she shall indicate his or her reasons in writing to the panel. After consultation with the panel, the Director may impose alternate sanctions. The Director will communicate the final decision, in writing, to the panel, the complainant and the respondent within 10 working days of receipt of the panel’s recommendation and, in a case in which a violation of the policy on harassment was found to have occurred, shall enter the decision in the permanent discipline file of the respondent.

IV. SEXUAL HARASSMENT APPEALS

After the decision by the panel and the reviewing party, either the complainant or the respondent may submit an appeal as is provided for by College policy. Appeals made by students will be made to the Conduct Board. Appeals must be submitted in writing and must state the specific grounds for the appeal. Student appeals must follow procedures set forth in the student handbook regarding appeals to the Conduct Board.

V. RECORD KEEPING

At the conclusion of all cases, all records of the investigation shall be retained in a secure, locked cabinet, in the office of the Sexual Harassment Officer.

APPEAL PROCESS

The purpose of the appeal process is to ensure that the policies and procedures of Mercyhurst College are administered in a fair and consistent manner. An appeal is a request to a higher adjudicating authority to review a conduct decision or action. When an appeal is heard, the issue in question is not the student’s original action or incident, rather it is a request for reconsideration of the original conduct decision.

REQUESTING AN APPEAL

A student may request an appeal of conduct decisions for review.

The student must submit a written request for appeal to the Student Conduct Office. Typically, a student is allotted seven calendar days after receiving the initial conduct decision to submit a request. The Director of Residence Life & Student Conduct reserves the right to shorten or lengthen this time based upon individual circumstances.

The aim of the appeal request is to convince an adjudicating appeal authority that reason exists for a hearing of the original decision or action. The burden of showing such reason rests with the individual making the request. A student should have no expectation that an appeal request will be heard simply because the student is unhappy with or disagrees with the original decision or action. The student needs to do more than simply claim grounds for an appeal hearing; the student must demonstrate that such grounds exist.

In general, one or more of the following criteria must be demonstrated for a request to be successful:

1. During the student conduct process, deviation from written procedures occurred which impacted the fairness of the process. The deviation must be demonstrated in the appeal request and must clearly impact the fairness of the process.

2. Information unavailable to the original adjudicating authority is now available that could have impacted the original outcome. The relevant information must be presented in the appeal request.

3. The decision (violations and sanctions) reached was not based on substantive information. A reasonable challenge to the information must be provided in the appeal request.

4. The sanction issued as a result of the original decision was disproportionate for the violation. The unwarranted or excessive nature of the sanction must be evidenced in the appeal request.

5. Bias on the part of the adjudicating authority that deprived the student conduct process of impartiality. Allegations of bias must reference the adjudicating authority only. The alleged bias must be evidenced in the appeal request.

Depending on the severity of the initial incident and/or the resulting sanctions, the appeal request is assigned to one of three adjudicating appeal authorities: an Administrative Hearing, a Student Conduct Panel, or the Conduct Board.

The adjudicating appeal authority that reviews the request will determine if the request merits an appeal hearing.

Typically, the student will be informed of the decision on whether or not the adjudicating appeal authority will grant an appeal hearing within 14 calendar days of the date that the office received the appeal request.

For requests meriting an appeal hearing, the hearing will be conducted in a timely manner.

Typically, the adjudicating authority will provide the student with a written decision within seven calendar days after the appeal hearing is completed.

APPEAL HEARING INFORMATION

Normally, appeal hearings shall be conducted in private. However, admission of any other person to the hearing shall be at the discretion of the adjudicating appeal authority.

In instances involving more than one student, individual appeal hearings may be provided.

The student has the right to present the information from witnesses during the appeal hearing. If the appealing student requests witnesses be permitted to present their statements at the hearing, the appealing student must demonstrate the relevancy of the witness’s information prior to their admission to the hearing. If such relevancy cannot be demonstrated, the adjudicating appeal authority may refuse to hear the information.

Permanent records, exhibits, and written statements may be accepted as information for consideration at the discretion of the adjudicating authority.

All procedural questions are decided by the adjudicating authority.

The hearings may be taped by the adjudicating authority.

The adjudicating appeal authority may recommend to rescind, decrease, increase, modify, or uphold the conduct decision.

ADMINISTRATION OF APPEALS

Appeals are conducted by adjudicating appeal authorities. These authorities include, but are not limited to, a Student Conduct Panel, the Conduct Board, and an Administrative Hearing. The severity of the imposed sanction and the severity of the initial violation will determine which authority hears the appeal.

STUDENT CONDUCT PANEL

The Student Conduct Panel tends to review those appeal requests in which the original incident involved conduct of a less serious nature than those requests reviewed by the Conduct Board. The panel is composed of three Student Conduct staff members, or their designees, who were not involved in the original incident or decision.

CONDUCT BOARD

The Conduct Board reviews appeal requests in which the original decision involved severe sanctions, such as expulsion, suspension, removal from College housing, etc. The Conduct Board is directed by a permanent chairperson and is typically composed of two students, two faculty members, and two administrators each selected from a pool of appointees. Students on the Conduct Board may not be members of the Residence Life staff. The chairperson is appointed by the President and does not vote except to break a tie.

ADMINISTRATIVE HEARING

Administrative Hearings are conducted by the Director of Residence Life & Student Conduct or designee. Administrative Hearings review appeal requests in which the original incident involved conduct that is of an extremely sensitive nature, such as those involving sexual misconduct, drug offenses, bias-based offenses.