In preserving the rights of the individual student, the University shall have the obligation:
To describe their standards clearly.
To make known their standards in a form readily available in a manner which, while not exaggerated in length, detail, or complexity, shall provide fair notice of what is expected and what is forbidden.
To apply rules and regulations fairly, impartially, and equally to all students who are similarly situated.
For any disciplinary action for which sanctions may be imposed, the student shall have the right:
To be considered innocent until found guilty by clear and convincing evidence of a violation of the Student Code of Conduct.
To be informed of his/her rights.
To receive written, timely, and complete notice of the specific charges to be resolved.
To seek representation. Legal counsel shall be restricted to an advising role and are not permitted to speak or participate directly, but a non-attorney representative may advise and/or represent. Failure to secure representation will not cause a hearing to be postponed or canceled. (Note: Residence Life staff members cannot provide representation).
To have a fair disposition of all matters as promptly as possible under the circumstances.
To elect to be heard by an impartial Hearing Officer or Hearing Board when available. If the parties fail to indicate a preference for a Hearing Officer or a Hearing Board or cannot agree on this option within three business days prior to the hearing, then a Hearing Officer will be appointed. (Note: This right of election, on a case-by-case basis, may be outweighed by the need to protect privacy rights, in which case the Coordinator shall make the electon.)
To have a hearing in a private forum.
To elect to have a settlement agreement, provided it is acceptable to both the accused and the complainant. Where the victim is not the complainant, the Coordinator or designee of the University Student Judicial System will attempt to consult with the victim for input in the settlement process.
To have a preliminary hearing from the Vice President for Academic and Student Affairs or his/her appointed representative with the knowledge of the Coordinator when immediate action is proposed prior to a full hearing.
To be informed of the maximum and minimum sanctions which may be imposed.
To be informed of the format and procedures of the UPJ Judicial Board.
To be informed of the general nature of the evidence to be presented.
To confront and question all parties and witnesses except when extraordinary circumstances make this impossible.
To present a factual defense through witnesses, personal testimony and other relevant evidence.
To decline to testify against oneself.
To request attendance of witnesses upon a showing of relevance.
To receive a record upon request.
To have only relevant evidence considered by the Hearing Board or Hearing Officer.
To be informed of all decisions within a reasonable time.
To appeal a decision which meets the criteria outlined in the Basis For Appeal section of this Code and to be informed of the appelate procedure to be followed.
To be free from repeated disciplinary proceedings where the parties and issues are the same.
PROCEDURE
Any member of the University community may institute a proceeding before the Judicial Board by filing a complaint in the Office of the Coordinator of the University of Pittsburgh at Johnstown Judicial Board. A complaint against a student must set forth the following:
The name and address of the student against whom a complaint is lodged.
The name of the complaintant and his/her status in the University community.
The alleged offense(s) which is/are the basis of the complaint.
A statement demonstrating the facts of the alleged offense, which must include:
Date of occurrence
Time of occurrence
Place of occurrence
Narrative of events
The names of persons having personal knowledge of circumstances or events and the general nature and description of all evidence.
The signature of the complaintant.
NOTICE
Upon receipt of a properly filed complaint the Coordinator or designee shall notify the accused student that proceedings have been instituted. The letter directs the student to schedule a preliminary conference with the Coordinator or designee within a specified amount of time. Failure to comply with this directive will result in a judicial hearing being scheduled and a Hearing Officer being appointed. A judicial hold will be placed on your student account and academic record.
PRELIMINARY CONFERENCE
The purpose of the preliminary conference is to allow the Coordinator or designee to discuss the alleged offense (s) with the accused student. The letter directs the student to schedule a preliminary appointment. The hearing response form to be completed by the accused and returned to the Coordinator or designee at the preliminary conference shall signify whether the accused prefers:
To accept the recommended sanctions and waive a Hearing.
To proceed before the Judicial Board if available or a Hearing Officer.
To conduct his/her own defense or be represented by a non-attorney.
The accused will provide the Coordinator or designee with all available documents which he/she intends to introduce at the hearing not less than three (3) working days prior to the hearing date. The Coordinator or his/ her representative will provide the accused with all available documents which the charging party will introduce at the hearing not less than three (3) working days prior to the hearing date.
HEARING BOARD OR OFFICER SELECTION
The accused shall have the right to preview a list of possible hearing board members and legitimately object to their serving on a hearing board involving his/her case.
Determination as to whether the student’s objection is legitimate and appropriate shall be made by the Coordinator or designee.
HEARING NOTIFICATION FORMAT
The Coordinator or designee is responsible for scheduling the hearing. All parties shall receive written notification of the hearing which shall include: time, date, and place of hearing.
WITNESSES
Any member of the University community may, upon a showing of relevance and necessity, request witnesses to appear at the hearing. Witnesses who are members of the University community shall be called and other witnesses shall be requested to appear at a hearing. The call or request to witnesses shall set forth:
Names of the parties
Request to appear
Time of hearing
Date of hearing
Place of hearing.
Signature of the Coordinator or designee
When necessitated by fairness or extraordinary circumstances, the Coordinator or designee may make arrangements for written testimony for use in a proceeding.
HEARING FORMAT
The Coordinator is responsible for scheduling the hearing. All parties shall receive written notification of the hearing which shall include: time, date, and place of hearing.
At the time, date, and place scheduled, the hearing shall be conducted under the guidance of the Coordinator or designee. All proceedings before the Judicial Board or a Hearing Officer shall be duly recorded by the Coordinator or designee. However, any other recordings or transcripts by any manner are absolutely forbidden unless approved in advance by the Cordinator or designee.
1. The Coordinator or designee shall convene the hearing and introduce members of the hearing board, and parties involved in the proceeding and the student’s representative, if any.
2. The Coordinator or designee will not apply technical extraordinary rules of evidence followed in judicial proceedings nor entertain technical legal motions. Technical legal rules pertaining to the wording of questions, hearsay, and opinions will not be formally applied. Reasonable rules of relevancy will guide the Coordinator or designee in ruling on the admissibility of evidence. Reasonable limits may be imposed on the number of factual witnesses and the amount of cumulative evidence that may be introduced.
3. The alleged offense or offenses upon which the complaint has been based shall be read by the Coordinator or designee.
4. Objections to procedures shall be entered on record and the Coordinator shall make any necessary rulings regarding the validity of such objections.
5. Complainant or representative for complainant shall state his/her case and shall offer evidence in support thereof.
6. Accused or representative for accused shall have the opportunity to question complainant.
7. Complainant or representative for accused shall be given the opportunity to call witnesses.
8. Accused or representative for accused shall be given the opportunity to question each witness of the complainant after he/she testifies.
9. Judicial Board members or the Hearing Officer may question all persons testifying.
10. Complainant shall inform the Coordinator or designee when his/her presentation is completed.
11. Hearing shall be recessed and the Coordinator or designee shall make a determination as to whether the comlainant has presented sufficient evidence to support a finding against the accused if such evidence is a perponderance of evidence.
12. Depending upon the determination of the Coordinator or designee, the matter shall be dismissed or the accused shall be called upon to present his/her case and offer evidence in support thereof.
13. The accused may testify or not as he/she chooses.
14. Complainant or representative for complainant shall have the opportunity to question the accused if the accused voluntarily chooses to testify.
15. Accused or representative for accused shall have the opportunity to call witnesses.
16. Complainant or representative for complainant shall have the opportunity to question each witness of the accused after he/she testifies.
17. Accused shall inform the Coordinator or designee when his/her presentation is completed.
18. Coordinator or designee shall have an opportunity to address the Judicial Board or Hearing Officer on University regulation, points of law, or procedure in the presence of all parties, but shall not offer other comments without the consent of all parties.
19. Hearing shall be continued and the members of the Judicial Board or Hearing Officer shall deliberate in private until a decision is reached and recorded.
20. When a decision in favor of or against an accused has been reached by the Hearing Officer or by a majority vote of a Hearing Board, the hearing shall be reconvened and the findings of fact and recommendation announced.
21. If a decision is entered against an accused, the parties shall be given the opportunity to address the Judicial board or Hearing Officer regarding the imposition of a sanction. Hearing shall be concluded and members of the Judicial Board or Hearing Oficer shall deliberate in private until the final decision is reached and recorded.
FINAL ADJUDICATION
The recommended sanction shall be sent to the Associate Vice President for Student Affairs for final adjudication. The Associate Vice President for Student Affairs may increase, decrease, or otherwise change the recommended sanction if he/she believes that the totality of circumstances, including but not limited to any prior offenses and any available precedents, justify it. The final adjudication shall be forwarded to the accused and charging parties.
Where a sanction has been imposed, a record of the adjudication shall be maintained in the Office of Student Life, 130 Student Union Building.
While a sanction is in effect, a record of it may be properly introduced at a subsequent disciplinary hearing if it is determined that a student has committed another offense.
UPJ JUDICIAL BOARD SANCTIONS
Sanctions which may be imposed are:
Residence Hall Reprimand—a written statement from the Director of Housing and Residence Life expressing disapproval of conduct. A record of Residence Hall Reprimand shall be maintained in the Office of the Associate Vice President for Student Affairs for the period the reprimand is in effect. During that same period the record may be introduced in subsequent disciplinary proceedings.
Disciplinary Reprimand—a written statement from the Associate Vice President for Student Affairs expressing disapproval of conduct. A record of a Disciplinary Reprimand shall be maintained in the Office of the Associate Vice President for Student Affairs for the period the Reprimand is in effect. During that period, the record may be introduced in subsequent disciplinary proceedings.
Termination of Residence Hall Privileges—a termination of specific privileges for a specified period of time intended to remedy a student’s disregard for the rights of others. A record of Removal of Privileges shall be maintained in the Office of the Associate Vice President for Student Affairs for the period the removal is in effect. During that period the record may be introduced in subsequent disciplinary proceedings.
Community Service—a directive to spend a specified period of time in a constructive undertaking. This will be by agreement of the student and the Coordinator of Judical Affairs or designee. Whenever possible, this service should be constructive and creatively related to the offense and serve the offended population. A record of this sanction shall be maintained in Student Life and, if appropriate, the Office of the Associate Vice President for Student Affairs until the community service project agreed upon is satisfied.
Residence Hall Probation—a conditional retention of student status for a specified period of time. During the probationary period a student is excluded from participation in extracurricular residence hall activities and may not represent the residence hall as an athlete or in other capacities, nor may he/ she hold any appointed or elected position within the residence hall community. A record of Residence Hall Probation shall be maintained in the Office of the Associate Vice President for Student Affairs for the period probation is in effect and during that period the record may be introduced in subsequent disciplinary proceedings.
Disciplinary Probation—a conditional retention of student status for a specified period of time. During the probationary period a student is excluded from participation in extracurricular University activities and may not represent the University as an athlete or in any official capacity, nor may he/she hold any appointed or elected position within the University community. A record of Disciplinary Probation shall be maintained in the Office of the Associate Vice President for Student Affairs for the period probation is in effect and during that period the record may be introduced in subsequent disciplinary proceedings.
Restitution—a written directive to replace, repair, or make specific compensation for property of the University or another person which was damaged, destroyed, or misused. A record of directive to make restitution shall be maintained in the Office of the Associate Vice President for Student Affairs until full restitution is made and during that period the record may be introduced in subsequent disciplinary proceedings. Failure to make restitution by a designated date may result in a hold on a student’s registration and/or additional disciplinary action.
Interim Persona Non Grata—an exclusion from a facility or area for a specified period of time. During the period the student is excluded from a specified facility or area of the University, he/she will not be permitted to enter or use the University residence property for visitation, meals, employment, or any other purpose. This status also includes exclusion from the residence hall lobbies, patios, and adjacent University property. A record of Persona Non Grata status shall be maintained in the Office of the Associate Vice President for Student Affairs or the office of the person directly responsible for the day-to-day operation of the facility or area, and the University Police for the period the Persona Non Grata status is in effect and during that period the record may be introduced in subsequent disciplinary proceedings. Should the student reappear in any of the areas heretofore mentioned, he/she will be subject to arrest.
Interim Involuntary Change of Residence Hall Assignment—an immediate relocation of a student to an alternate residence hall accommodation which is imposed by the Director of Housing and Residence Life or his/her representative, pending a hearing before the Judicial Board. Interim Involuntary Change of Residence Hall Assignment is imposed only to insure safety and well-being of members of the University community, or University property, or to insure the student’s own physical or emotional safety and well-being.
Involuntary Change of Residence Hall Assignment—a written direction to relocate a student to an alternative residence hall accommodation within a specified period of time which is imposed by the Director of Housing and Residence Life or his/ her representative. Involuntary Change of Residence Hall Assignment is imposed to insure safety and well-being of a member of the University community, or University Property, or to insure the student’s own physical or emotional safety and well-being, or to insure that a building/floor has a community environment that is conducive to academic success.
Interim Suspension (Residence Hall)—an immediate exclusion from the residence halls and all related privileges and activities which is imposed by the Director of Housing and Residence Life or his/her representative, pending a judicial hearing. Interim suspension is imposed only to insure the safety and well-being of members of the University community, or University Property, or to insure the student’s own physical or emotional safety and wellbeing. The student will be Persona Non Grata on all University residence hall property during the period of suspension and will not be permitted to enter or use University residence hall property for visitation, meals, employment, or for any other purpose. This status also includes exclusion from residence hall lobbies and adjacent University Property. Should the student reappear in any areas heretofore mentioned, he/she will be subject to arrest.
Voluntary Change in Residence Status—if a student moves out of the residence halls after the imposition of original sanction, the Director of Housing and Residence Life has the authority to impose limitations on that individual, such as Persona Non Grata sanction or other restrictions.
Residence Hall Suspension—a termination of residence for a specified period of time from all University housing. The student will be Persona Non Grata on all University residence hall property during the period of suspension. This status means he/she will not be permitted to enter or use University residence hall house property for visitation, meals, employment, or any other purpose. This status also includes exclusion from the residence hall lobbies and adjacent University Property. Should the student reappear in any of the areas heretofore mentioned, he/she shall be subject to arrest.
At the conclusion of the period of suspension, the student will be allowed to return to the residence halls on a probationary basis for a period of one year unless otherwise specified by the Judicial Board or Hearing Officer. A record of Residence Hall Suspension is maintained in the Office of the Associate Vice President for Student Affairs for the duration of the student’s subsequent probationary period. During that period the record may be introduced in subsequent disciplinary proceedings.
Interim Suspension—an immediate exclusion from classes and all other University privileges or activities which is imposed by the Associate Vice President for Student Affairs or his/ her representative pending a hearing before the Judicial Board or Hearing Officer. Interim Suspension will be imposed only to insure the safety and well-being of members of the University community, or University Property, or to insure the student’s own physical or emotional safety and well-being. The student will be Persona Non Grata on all University Property during the period of suspension and will not be permitted to enter or use University Property unless the student receives permission from the Associate Vice President for Student Affairs or his/her representative.
Disciplinary Suspension—a termination of registration as a student for a specified period of time. During the period of Disciplinary Suspension, a student is excluded from classes and all other University privileges or activities. At the conclusion of the period of suspension, the student will be allowed to return to the University on a probationary basis for a period of one year unless otherwise specified by the Judicial Board or Hearing Officer. A record of a Disciplinary Suspension is maintained in the Office of the Associate Vice President for Student Affairs for the duration of the student’s subsequent probationary period. During that period, the record may be introduced in subsequent disciplinary proceedings. The student will be Persona Non Grata on all University property during the period of suspension and will not be permitted to enter or use University property unless the student receives permission from the Associate Vice President for Student Affairs or his/her representative.
Residence Hall Dismissal—a termination of residence and permanent exclusion from the residence halls. If the student reapplies for residence, he/ she will not be allowed to return to the residence halls. A record of Residence Hall Dismissal is maintained as a permanent record in the Office of the Associate Vice President for Student Affairs and the Office of Housing and Residence Life. The student will be Persona Non Grata on all University residence hall property. This status means he/she will not be permitted to enter or use University residence hall property for visitation, meals, employment, or for any other purpose. This status also includes exclusion from residence hall lobbies and adjacent University Property. Should the student reappear in any of the areas heretofore mentioned, he/she will be subject to arrest.
Disciplinary Dismissal—a termination of registration as a student. If the student applies for readmission, he/she will not be allowed to return to the University. The student will be Persona Non Grata automatically on all University Property and will not be permitted to enter or use University Property unless the student receives permission from the Vice President for Academic and Student Affairs or his/her representative. A record of a Disciplinary Dismissal is maintained as a permanent record in the Office of the Associate Vice President for Student Affairs.
Interim Partial Persona Non Grata—an exclusion from a facility or area for a specified period of time. During the period the student is excluded from a specified facility or area of the University. He/she will not be permitted to enter or use the University residence property for visitation, meals, employment, or any other purpose. This status also includes exclusion from the residence hall lobbies and adjacent University Property. A record of Persona Non Grata status shall be maintained in the Office of the Associate Vice President for Student Affairs and the office of the person directly responsible for the day-to-day operation of the facility or area, and the University Police for the period the Persona Non Grata status is in effect and during that period the record may be introduced in subsequent disciplinary proceedings. Should the student reappear in any of the areas heretofore mentioned, he/she will be subject to arrest. This sanction may be imposed by the Associate Vice President for Student Affairs on an interim basis only to insure the safety and well-being of members of the University community, or University Property, or to ensure the student’s own physical or emotional safety or well-being.
Interim No Contact Order—a directive to cease and desist from any intentional contact, direct or indirect, with one or more designated persons or group(s) through any means, including personal contact, e-mail, telephone, or third parties. Should the student fail to cease contact, he/she will be subject to additional action, up to and including suspension and/or arrest.
This sanction may be imposed by the Vice President for Academic and Student Affairs on an interim basis only to insure the safety and well-being of members of the University community, or University Property, or to ensure the student’s own physical or emotional safety or well-being.
No Contact Order—a directive to cease and desist from any intentional contact, direct or indirect, with one or more designated persons or group(s) through any means, including personal contact, e-mail, telephone, or third parties. Should the student fail to cease contact, he/she will be subject to additional action, up to and icluding suspension and/or arrest.
Partial Persona Non Grata and/or No Contact Order—an exclusion from a facility or area generally, or for a specified facility(ies) or area(s) of the University and during which the student may not enter or participate in any function within the confines of the area and/or an order to cease all contact with a designated person or group of persons. Should the student reappear in any of the areas heretofore mentioned, or fail to cease all contact with those parties designated by the Associate Vice President for Student Affairs, additional disciplinary action may be taken. This action may include arrest.
Persona Non Grata—an exclusion from a facility or area for a specified period of time. During the period the student is excluded from a specified facility or area of the University and may not enter or participate in any function within the confines of the area or facility of the University. He/she will not be permitted to enter or use University residence property for visitation, meals, employment, or any other purpose. This status also includes exclusion from the residence hall lobbies and adjacent University Property. A record of Persona Non Grata status shall be maintained in the Office of the Associate Vice President for Student Affairs, the Office of the person directly responsible for the day-to-day operation of the facility or area, and the Public Safety Department for the period the Persona Non Grata status is in effect and during that period the record may be introduced in subsequent disciplinary proceedings. Should the student reappear in any of the areas heretofore mentioned, he/she will be subject to arrest.
Counseling Assessment—an assessment by the University Counseling Center with the requirement to satisfy any prescriptive treatment.
Substituted Sanction—a constructive and voluntary undertaking by a student which, by agreement of the student and the Judicial Board or Hearing Board, shall be substituted for any of the above sanctions. A record of a substituted sanction shall be maintained in the Office of the Associate Vice President for Student Affairs until the undertaking agreed upon is completed.
Fines—a monetary sanction that can be imposed in a minimum of $10 and a maximum of $100. Any fine exceeding $100 must be expressly approved by the Vice President for Academic and Student Affairs. A record shall be maintained in the Office of Student Life until full payment is made and during that period the record may be introduced in subsequent disciplinary proceedings. Failure to pay a fine on time may result in a hold on a student’s registration and/or additional disciplinary action.
Information Technology Resource Suspension/Termination—a suspension or termination of part or all of a student’s access to information technology resources. No refund of any fees charged and applied to information technology resources will be made.
RIGHT TO APPEAL
Students have the right to petition the UPJ Appeals Board for an appeal from a decision of the Judicial Board upon receipt of the final decision of the Director of Student Engagement and Union Operation. This petition must be submitted to the Office of the Director of Student Engagement, 130 Student Union Building, no later than five (5) working days of the decision letter.
Until favorable decision on the appeal or favorable sanction pending appeal, the original sanction imposed remains in effect.