THE CONDUCT CODE
Mercyhurst College expects and requires of its students behavior consistent with its high standards of scholarship. Upon matriculation to the College, a student accepts its regulations and acknowledges the right of the College to take disciplinary action for conduct deemed unacceptable or disruptive, both on and off campus.
The Conduct Code is divided into numbered headings describing prohibited behavior. Accompanying these headings are illustrative examples of potential violations and sanctions that may be applied. By listing such prohibited actions, the College does not seek to create an all-inclusive list. Instead the code serves as a guideline and means of clarification for the standards of conduct expected from community members. Students may not claim exemption from responsibility for their behavior because a violation is not listed. A student’s conduct record is cumulative over the course of a student’s college career.
While proceedings under the Conduct Code are not criminal proceedings and shall not be construed as such, Mercyhurst College recognizes its responsibility to provide procedures for handling student conduct that are fair and consistent. The College, for the purposes of this code, shall adopt the following guidelines:
· the student shall be notified of a conduct meeting;
· the student shall be notified of matters requiring the student’s response;
· the student shall receive impartial proceedings;
· the student shall be given the opportunity to provide relevant information during the conduct meeting;
· the student shall have the opportunity to request an appeal.
Any student found responsible for violating the Conduct Code may receive one or more of a variety of sanctions tailored to the specific violation(s). The sanctions listed in the Student Handbook are presumptive. Individual mitigating circumstances, as well as aggravating factors, such as past misconduct by the student, or failure to comply with previously imposed sanctions, may be considered when determining the level and scope of the sanction(s). Sanctions are imposed on a graduated scale, increasing in severity with subsequent violations.
Students residing off campus should understand that in the event of any disturbance at any off-campus residence for which police are involved, all signatories to a lease may be held equally accountable for an incident occurring at their residence, whether they actually received a citation or not, and all signatories may be adjudicated through the Conduct Code.
1. Any action or situation involving verbal, mental, or physical abuse and/or assault, including threats, harassment, initiation of a fight, fighting, intimidation, or creation of a hostile environment. Conduct that recklessly or intentionally endangers or intends to endanger or threaten the emotional, mental, or physical health, safety, or welfare of any person, including him or herself, is prohibited.
Extreme Physical Assault/Abuse
Expulsion
Possible Arrest and Prosecution
Physical Assault/Abuse Against Any Employee of the College (including RAs)
Suspension
Possible Expulsion
Possible Arrest and Prosecution
Physical Assault/Abuse
Suspension
Possible Arrest and Prosecution
Stalking
$350.00 Fine and 70 Hours of Community Restitution
Disciplinary Probation
Counseling Assessment
Possible Removal from College Housing
Possible Suspension
Initiation of a Fight
$200.00 Fine and 40 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Participation in a Fight
$100.00 Fine and 20 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Reckless Endangerment
$100.00 Fine and 20 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Possible Arrest and Prosecution
Creation of a Hostile Environment
$100.00 Fine and 20 Hours of Community Restitution
Disciplinary Probation
Possible Reassignment of College Housing
Possible Removal from College Housing
Possible Suspension
General Harassment
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
2. Threats or harassment through any medium, including, but not limited to, e-mail, instant messaging, social-networking websites, computers, telephone, letters, is prohibited.
Terroristic Threats (as defined by the Pennsylvania Crimes Code)
Expulsion
Possible Arrest and Prosecution
Threats to or Harassment of Any Employee of the College (including RAs)
$150.00 Fine and 30 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Verbal Threats
$100.00 Fine and 20 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
General Harassment
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Verbal Abuse
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Possible Removal from College Housing
3. Any bias-based acts that violate another person’s rights are prohibited (i.e. race, sex, gender, sexual orientation, color, creed, religion, disability, national origin, age, or status as a veteran).
Bias-based Acts
$250.00 Fine and 50 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
4. All forms of sexual offense are expressly prohibited.
Sexual Assault
Expulsion
Possible Arrest and Prosecution
Sexual Harassment
$250.00 Fine and 50 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
5. Bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential. As such, all forms of bullying including those taking place through electronic media are prohibited.
Bullying
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Possible Removal from College Housing
Possible Counseling Assessment
6. Conduct that significantly interrupts or prevents a College or civil authority from carrying out his or her duties or responsibilities is prohibited. Failure to comply with a reasonable directive of a College or civil authority is prohibited. The College will not tolerate disrespect toward College and/or civil authorities especially when performing their duties.
Presenting False Information i.e., misrepresentation as a student of Mercyhurst College, College official, or member of a College organization
$200.00 Fine and 40 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Fleeing from an Incident or from a College/Civil Official
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Removal from College Housing
Providing Inaccurate Information to a College/Civil Official
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Removal from College Housing
Failure to Comply
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Removal from College Housing
7. While on campus, students are expected to carry proper identification. When identification is requested, it is the student’s obligation to provide it. Students asked for verification of age have an obligation to provide either a driver’s license or state-issued ID card. Possessing, altering, manufacturing, and/or providing false identification is prohibited.
Manufacturing False or Altering Identification
$200.00 Fine and 40 Hours of Community Restitution
Disciplinary Probation
Confiscation of Illegal IDs and/or Equipment
Possible Removal from College Housing
Possible Suspension
Possible Arrest and Prosecution
Possession of or Providing False or Altered Identification
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Confiscation of Illegal ID
Possible Removal from College Housing
Possible Arrest and Prosecution
Failure to Provide Identification
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Removal from College Housing
8. Any activity on College property that negatively affects the College’s pursuit of its mission is prohibited. Any behavior that disrupts or has the potential to disrupt the functions of the Mercyhurst College community, including behavior that disrupts the peace or violates the rights of others, is prohibited. Intentional disruption or obstruction of teaching, study, research, administration, disciplinary procedures, or other College activity, is prohibited.
Interference with College or Civil Authority
$250.00 Fine and 50 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Disorderly Conduct
$150.00 Fine and 30 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Possible Arrest and Prosecution
Disruption of College Activity
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Removal from Activity
Possible Disciplinary Probation
Possible Removal from College Housing
Disrupting or Harming Campus Wildlife
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Removal from College Housing
Possible Arrest and Prosecution
Attempt to Coerce Participation in Disruptive Behavior
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Removal from College Housing
Public Expression that Intends to Incite Disruptive Disturbances
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Removal from College Housing
Pranks
$50.00 Fine and 10 Hours of Community Restitution
Written Reprimand
Restitution
Possible Social Probation
Possible Removal from College Housing
Excessive Noise
$50.00 Fine and 10 Hours of Community Restitution
Written Reprimand
Confiscation of Equipment (e.g. stereo)
Possible Social Probation
9. Lewd or indecent conduct, such as public urination, is prohibited.
Lewd or Indecent Conduct
$50.00 Fine and 10 Hours of Community Restitution
Written Reprimand
Possible Removal from College Housing
10. Hazing is prohibited and is cause for disciplinary action. Pennsylvania’s Hazing Law defines “hazing” as
“Any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of, or recognized as, an organization by an institution of higher education. [Any such] activity…upon which the initiation or admission into or affiliation with or continued membership in and organization is directly or indirectly conditioned shall be presumed to be ‘forced’ activity, the willingness of an individual to participate in such activity notwithstanding.”
In addition, subjecting a person to treatment intended to put him or her in a humiliating or disconcerting position, including the forced (as defined above) consumption of alcohol, drugs, or any other liquid, gas, or solid substance, for the purpose of initiation into or affiliation with any organization on College-owned or operated property or at College-sponsored activities or related to any College group shall be considered hazing, and is prohibited.
Hazing
$200.00 Fine and 40 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Possible Action Against Club or Organization
11. Weapons of any kind are strictly prohibited. Use or possession of any item on campus that could jeopardize the health and/or safety of the community is prohibited. The College reserves the right to determine whether a specific object jeopardizes the health and/or safety of the community. Fireworks (including sparklers), explosive materials, and weapons (knives, brass knuckles, guns, rifles, hunting equipment, lawn darts, Tasers, stun guns, paint guns, pellet guns, BB guns, “Air Soft” guns, “fake” guns, other simulated weapons, ammunition, etc.) are all specifically prohibited and may not be used, possessed, or brought onto campus.
If the student needs assistance in determining what may be a hazardous device, the Police & Safety Office should be contacted. Mercyhurst College adheres to all municipal, state, and federal laws regarding weapons, ammunition, fireworks, and other dangerous substances.
Possession of Weapons/Dangerous Item(s)
$350.00 Fine and 70 Hours of Community Restitution
Disciplinary Probation
Possible Counseling Assessment
Possible Removal from College Housing
Possible Suspension
Possible Expulsion
Possible Arrest and Prosecution
Use of Fireworks
$200.00 Fine and 40 Hours of Community Restitution
Disciplinary Probation
Restitution
Confiscation of Materials
Possible Removal from College Housing
Possession of Fireworks
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Confiscation of Materials
Possible Removal from College Housing
Reckless Endangerment
$100.00 Fine and 20 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
12. Setting off a false fire alarm, submitting a false report of a fire or other dangerous conditions, failing to respond to fire alarms, tampering with fire, safety, and/or emergency equipment, and blocking exits are all prohibited.
Setting Off a False Fire Alarm
Suspension
Possible Arrest and Prosecution
Tampering with Fire/Safety/Emergency Equipment
$200.00 Fine and 40 Hours of Community Restitution
Disciplinary Probation
Educational Meeting with the Fire Safety Officer
Possible Removal from College Housing
Possible Arrest and Prosecution
Failure to Evacuate During a Fire Alarm
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Educational Meeting with the Fire Safety Officer
Possible Disciplinary Probation
Possible Removal from College Housing
Possible Arrest and Prosecution
Disabling Detectors
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Educational Meeting with the Fire Safety Officer
Possible Disciplinary Probation
Possible Removal from College Housing
Possible Arrest and Prosecution
Blocking Fire Exits
$75.00 Fine and 15 Hours of Community Restitution
Written Reprimand
13. Recklessly or intentionally starting a fire or causing an explosion is prohibited.
Recklessly or Intentionally Starting a Fire
Suspension
Possible Arrest and Prosecution
14. The College prohibits a student from engaging in, or threatening to engage in, behavior that poses a danger of causing harm to self or others.
Mandatory Counseling Assessment and compliance with counseling recommendations.
Depending on the nature of the situation, possible removal from the College until the student can demonstrate and document his/her ability to return to a learning environment and communal living situation without threat of harm to self or others.
15. Theft of personal, civil, or College property, including theft of services or resources from Mercyhurst College-owned or -operated property is prohibited. Unauthorized possession of another person’s property or College property is also prohibited.
Theft
Restitution
Suspension
Possible Arrest and Prosecution
Misuse of College Property
$100.00 Fine and 20 Hours of Community Restitution
Disciplinary Probation
Restitution
Possible Removal from College Housing
Unauthorized Use or Possession of Property Belonging to the College or Another Person
$100.00 Fine and 20 Hours of Community Restitution
Disciplinary Probation
Restitution
Possible Removal from College Housing
16. The solicitation of sales, services, memberships, or gifts on campus, without prior permission from the Director of the Center for Student Engagement and Leadership Development is prohibited. Solicitation is strictly prohibited in the residential areas.
Solicitation
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
17. Duplicating, altering, manufacturing, inappropriately using, misusing, or inappropriately providing keys, computer access codes, or other devices meant to afford access to restricted areas or information is prohibited.
Misuse of College-Issued Proximity Card/Key/Access Codes
$200.00 Fine and 40 Hours of Community Restitution
Disciplinary Probation
Restitution
Possible Removal from College Housing
Possible Suspension
18. Tampering with official college documents, or attempting to falsify any college record(s), including, but not limited to, computer files and parking passes or permits, is prohibited.
Tampering with Official College Documents, or Attempting to Falsify any College Record(s)
Suspension
Possible Expulsion
Altering or Manufacturing a Parking Permit
$100.00 Fine and 20 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Unauthorized Possession or Use of a College-Issued Parking Permit
$100.00 Fine and 20 Hours of Community Restitution
Disciplinary Probation
Possible Denial of Parking Privileges
19. Unauthorized entry into, or tampering with, facilities, property, services, or resources belonging to the College, its community members, guests, or licensees is prohibited.
Unauthorized Entry or Burglary
Expulsion
Restitution
Possible Arrest and Prosecution
20. Defacing, damaging, or destroying property belonging to the College, its community members, guests, or licensees is prohibited. Littering is prohibited.
Vandalism
$200.00 Fine and 40 Hours of Community Restitution
Disciplinary Probation
Restitution
Possible Removal from College Housing
Deliberate Damage or Defacement
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Restitution
Possible Removal from College Housing
Littering
$50.00 Fine and 10 Hours of Community Restitution
Written Reprimand
Restitution
Possible Removal from College Housing
21. Bookmaking, establishing, or promoting a game of chance for personal profit is prohibited.
Establishing a Game of Chance Involving Money
$100.00 Fine and 20 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Removal from College Housing
Participation in a Game of Chance Involving Money
$50.00 Fine and 10 Hours of Community Restitution
Written Reprimand
Possible Social Probation
22. Any violation of the Information Technology Policy is prohibited (see Information Technology Policy).
23. Any violation of the Alcohol Policy is prohibited (see Alcohol Policy).
24. Any violation of the Drug Policy is prohibited (see Drug Policy).
25. Any violation of Housing Rules and Regulations is prohibited (see Residence Life).
26. Any violation of Mercyhurst College policies or regulations is prohibited.
27. Encouraging or aiding Conduct Code violations or providing a haven for misconduct is prohibited.
28. Consistent with the provisions of the Student Conduct Code, Mercyhurst College students are responsible for conducting themselves so as not to bring disrepute to the College. Conduct or activity by members of the student body living off-campus or hosting functions at off-campus locations that has the effect of unreasonably interfering with the rights of neighbors is prohibited. This standard of conduct recognizes and affirms a responsibility similar to that of students living in residence halls or on-campus apartments. It is also the responsibility of Mercyhurst College students living off-campus to control the nature and size of activities carried out in or on their premises, consistent with standards of the College.
Students residing off-campus should understand that in the event of any disturbance at any off-campus residence for which police are involved, all signatories to a lease may be held equally accountable for an incident occurring at their residence, whether they actually received a citation or not, and all signatories may be adjudicated through the Conduct Code.
29. Violations of civil or criminal statutes or violations of the Mercyhurst Conduct Code committed off-campus may result in the College’s review of a student’s conduct. Generally, an individual’s actions off-campus are subject to the actions of civil authorities. However, the College reserves the right to take action for off-campus behavior independent of civil authority when the interests of the College are involved. Any student charged with a serious crime by civil authorities will be suspended for an interim determined by the Director of Student Conduct. An action involving a student in a legal proceeding in a civil or criminal court does not free a student of responsibility for conduct in a College hearing. Regardless of whether a student is charged in both jurisdictions, the College will proceed with its internal review according to its own schedule and sanction according to its own policies.
If the College learns that there has been an allegation or instance of misconduct off-campus involving a student (which includes a citation, arrest, or conviction), the student is required by the College to provide a copy of information or documents received from public authorities relating to the alleged misconduct.
30. Violations of civil or criminal statutes committed on College-owned or -operated property are considered violations of the Mercyhurst College Conduct Code, whether or not such violations are referred to and/or prosecuted by public officials. Many such violations, including all violations classified as misdemeanors or felonies under municipal, state, or federal law, may be referred to the appropriate civil authorities and may also be addressed through Student Conduct system.
31. Contempt of the student conduct system, including failure to appear for a student conduct meeting, providing misinformation in a student conduct meeting, or failure to observe and comply with student conduct sanctions, is a violation of the Conduct Code.
Failure to Comply with Disciplinary System
$200.00 Fine and 40 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Possible Adjudication of Case in the Student’s Absence
Dishonesty Before the Student Conduct Board
$150.00 Fine and 30 Hours of Community Restitution
Disciplinary Probation
Loss of Right to a Conduct Meeting
Failure to Complete Community Restitution
$75.00 Fine
Community Restitution Hours Converted to a Fine Amount at a Rate of $8.00 per Hour
Possible Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
