STUDENT CODE OF CONDUCT

In addition to providing a sound educational environment for intellectual pursuits, Millersville University is concerned with developing socially responsible citizens, ensuring the welfare and freedom of all members of the University community, and protecting individual rights. The University is thus concerned with the quality of student conduct and has adopted rules and behavioral standards for its students. Disciplinary action may be imposed when a student fails to recognize or violates the rights and privileges of other individuals or behaves in a manner not consistent with University policies both on and off campus. 

The Student Code of Conduct reflects the University community's concern that high standards be maintained by students and student organizations. It guarantees due process and protects the individual freedom of the student as well as requiring his or her responsibility for conduct violations. This Code shall be applicable to all students and student organizations at Millersville University. 

The student is also held responsible for violations of local, state and federal laws. University judicial actions may be taken in place of or in addition to actions taken by civil or criminal courts. 

Preamble

The Student Code of Conduct supports Millersville University's educational mission by setting forth standards of behavior for students and student organizations that are intended to sustain an environment for educational pursuits and individual development.  The Code of Conduct also establishes due process hearing procedures and sanctions that respect individual rights and freedoms.  The University takes an educational approach to the enforcement of the Code of Conduct, intending that adherence to the Code will be a means for students to learn the importance of their responsibilities and the value of their rights.

Applicability

The Code of Conduct applies to any person who makes a deposit indicating intention to enroll at the University and remains a student until graduation unless he/she does not enroll after making a deposit, voluntarily withdraws from or is dismissed for any reason by the University. The Code also applies to any group of students who have complied with the University requirements for recognition as a student organization.

Overview of Procedures

Students or student organizations that commit any of the actions listed in Section B. of this document are subject to University disciplinary action.  Any member of the University community may report alleged violations of the Code of Conduct to the Judicial Affairs Coordinator by following the procedures outlined in Section C.  Allegations of academic dishonesty are reported to the Associate Provost.  The Coordinator or Associate Provost will then determine if there are sufficient grounds to charge a student/organization with violating the Code. 

When a student/student organization is charged with violating the Code, the University Judicial Affairs Coordinator or Associate Provost first conducts a Disciplinary hearing to determine if a violation occurred.  If the Coordinator/Associate Provost decides a violation was committed, he/she will then determine a disciplinary sanction for the student/student organization responsible for the violation.  Procedures for Disciplinary hearings are outlined in Sections D. and E. of this document.   Disciplinary sanctions are described in Section G.

If the Judicial Affairs Coordinator/Associate Provost determines in a Disciplinary hearing that a student/organization has violated the Code and applies a sanction for the violation, the student/organization may appeal the finding of a violation by requesting a new (de novo) hearing before the University Judicial Board.  If the student/organization does not deny responsibility for the violation but wishes to appeal only the sanction imposed by the Judicial Affairs Coordinator/Associate Provost, they may request a review of the sanction by the Judicial Board. The Judicial Board's hearing procedures are outlined in Sections D. and F.

A student/organization may appeal decisions made by the Judicial Board to the President of the University.  Procedures for doing so are described in Section H. 

1. DEFINITIONS USED IN THIS DOCUMENT
   1. The term “University” means Millersville University of Pennsylvania.
   2. The term “faculty member” means any person defined as a member of the Faculty in the APSCUF Collective Bargaining Agreement. A “staff member” is a University employee who is not a faculty member.
   3. The term “University campus” includes all property owned or leased by Millersville University.
   4. The term “Judicial Affairs Coordinator” means a Student Affairs staff member designated by the Vice President for Student Affairs to hold Disciplinary hearings, impose sanctions, manage disciplinary records and administer the Student Code of Conduct.
   5. The term “shall” is used in the imperative sense.
   6. The term “may” is used in the permissive sense.
   7. The term “designee” means a person authorized to make decisions on behalf of named administrator in his/her absence or on behalf of that administrator.
   8. The term “class days” refers to days when classes are held.
2. REGULATIONS: Any student or student organization that is found to have committed the following violations on or off campus; that is knowingly and willingly in the presence of a violation; or that aids or abets others in committing a violation is subject to disciplinary sanction:
   1. Conduct which may also be in violation of federal, state or local law including violations of Millersville Borough ordinances. Application of the Code of Conduct may proceed without a finding by a criminal or civil court.
   2. Acts which cause harm to another person or oneself or threaten or endanger the health or safety of another person or oneself or constitute harassment. The prohibited conduct may be intentional or reckless and includes but is not limited to:
      1. Striking, shoving or subjecting another person to unwanted physical contact or attempting to do so.
      2. Sexually contacting another person without the consent of that person and/or by means of force or intimidation. The term “consent” means freely given agreement by a competent person. A person incapacitated to the point that he or she does not understand the nature of the consent is incompetent to give consent.
      3. Threatening another person with physical harm or unwanted sexual contact.
      4. Harassment of another person by any means that is severe and pervasive and creates a hostile or intimidating environment or; which substantially interferes with the person's educational pursuits. The harassment can be on any basis including race, color, national origin, age, gender or disability.
      5. Hazing or harassing another person for the purpose of initiation or maintaining group affiliation. Hazing is defined as any action which endangers the mental or physical health or safety of a student, with or without his/her consent, or causes discomfort, embarrassment or ridicule.
   3. Conduct, which is disorderly, disruptive, or interferes with orderly University operations, including but not limited to:
      1. Failure to comply with directions given by law enforcement officers and duly authorized University officials in the performance of their duties.
      2. Failure to evacuate University buildings for fire alarms.
      3. Creating excessive noise or commotion.
      4. Disrupting scheduled University programs and activities.
      5. Public drunkenness.
      6. Obstructing vehicular and pedestrian traffic.
      7. Deliberate acts that interfere with the use of University electronic resources.
   4. Behavior which constitutes theft or misappropriation or attempted theft or misappropriation of University property or funds, including its electronic resources, or the property or funds of another person, entity or organization.
   5. Deliberate or negligent acts which endanger and/or result in damage or vandalism to University property, including its electronic resources, or the property of others.
   6. Conduct threatening the welfare of others including but not limited to the possession or use of fireworks and other explosive materials, firearms and other weapons, setting unauthorized fires, misusing or damaging fire fighting and fire safety equipment.
   7. Acts constituting unauthorized possession, duplication or use of University keys or ID's or unauthorized entry to or use of University property or facilities.
   8. Conduct involving the use, possession or distribution of alcoholic beverages on campus or in violation of the law off campus.
   9. Acts involving the use, possession or distribution of narcotic or other controlled substances except as permitted by law.
   10. Conduct defined as dishonesty including but not limited to:
       1. Furnishing false information to any University employee orally, in writing or electronically.
       2. Forging, altering or misusing any University document, record or instrument of identification.
   11. Use of University provided funds in the process of violating the Student Code of Conduct.
   12. Conduct, which interferes with the University's Code of Conduct procedures including but not limited to:
       1. Failing to appear when directed to do so by the Vice President for Student Affairs or his/her designee, the Associate Provost or the University Judicial Board and when charged with a violation of the Student Code of Conduct and duly notified.
       2. Failing to comply with a sanction imposed by either the Judicial Affairs Coordinator, a designee, the Associate Provost, the University's Judicial Board or the President of the University.
   13. Acts defined as academic dishonesty in Academic Honesty and Dishonesty at Millersville University.
3. PROCEDURES FOR REPORTING CODE VIOLATIONS AND MAKING CHARGES:
   1. Any member of the University community may report alleged violations of the Student Code of Conduct to the Judicial Affairs Coordinator. Alleged violations of academic dishonesty shall be reported to the Associate Provost. All reports must be in writing and should be submitted as soon as possible, and within not more than five class days of the incident.
   2. The Vice President for Student Affairs or his/her designee will determine whether there are sufficient grounds to charge a student or student organization with violating the Student Code of Conduct. The Associate Provost will determine whether there are sufficient grounds to charge a student with academic dishonesty.
   3. University judicial procedures may be carried out even when the alleged misconduct of a student or student organization is also the subject of criminal proceedings. No criminal conviction is required before a violator of the Student Code of Conduct is subject to University disciplinary action.
4. HEARING PROCEDURES: The following procedures apply to both Disciplinary and Judicial Board (de novo) hearings.
   1. The accused student or student organization shall hear and may question witnesses as well as examine the evidence and documents presented.
   2. The accused student or student organization shall be allowed to introduce witness testimony, relevant evidence and his/her version of the events that resulted in the accusation of a violation of the Code of Conduct.
   3. An accused student or student organization may decline to answer questions posed during a hearing. The refusal of the accused to answer questions shall not be considered as evidence of a violation of the Code.
   4. All parties testifying at hearings shall be advised of their responsibility to tell the truth before testifying.
   5. The accused may bring an advisor who may consult with and advise the accused student but may not otherwise participate in the hearing. If the advisor charges a fee, the fee will be borne by the student.
   6. The Judicial Affairs Coordinator, his or her designee, the Associate Provost and the Judicial Board shall decide that a violation of the Code of Conduct occurred if it is proven that it is more likely than not that such a violation occurred.
   7. Failure of the accused to appear at a hearing when duly notified is a violation of B.12 in this Code and may result in a decision without benefit of the testimony of the accused; a rescheduled hearing; and/or an additional charge of violation. If a student organization is charged with violating the Code of Conduct, the organization's president or his/her designee will attend the hearing.
   8. All hearing procedures shall be carried out in a timely fashion adhering to following guidelines.
      1. All charges of a violation as well as the date, time and place of the hearing shall be provided in writing to the accused student or student organization within five class days of notification of the Judicial Affairs Coordinator, his or her designee, the Associate Provost or the Judicial Board Chairperson of the alleged violation.
      2. The Judicial Affairs Coordinator, his/her designee, the Associate Provost or the Judicial Board shall determine the justness of the accusation and inform the accused student or student organization of the decision and, if possible, the sanction at the conclusion of the hearing. If additional time is required to render a decision, the accused student or student organization shall be informed of the decision within five class days of the hearing conclusion. All decisions will be communicated in writing to the accused student or student organization.
      3. A student or student organization found responsible for violating the Code of Conduct in a Disciplinary hearing may request a new (de novo) hearing before the University Judicial Board if they deny responsibility for the violation(s). If the student/organization does not deny responsibility for the violation(s) but wishes to appeal the sanction imposed by the Judicial Affairs Coordinator/Associate Provost, they may request a review of the sanction only before the Board. Requests for a de novo hearing or review of a sanction shall be made in writing and delivered to the Vice President for Student Affairs within five class days of receipt of the Disciplinary hearing decision.
5. DISCIPLINARY HEARING PROCEDURES: The following procedures apply to Disciplinary hearings only.
   1. Accusations of violations of the Student Code of Conduct, with the exception of B.13 of this document, shall be initially heard and resolved by the Judicial Affairs Coordinator or his/her designee. The Associate Provost shall initially hear and resolve accusations of B.13 and in so doing follow all procedures contained in this document.
   2. A time shall be set for a hearing no fewer than five and no more than ten class days after the accused student or student organization has been notified. The accused may submit a written request to the hearing officer to have his/her case heard in fewer than five class days after notification. The hearing officer will decide if the request will be honored.
   3. Disciplinary hearing decisions and penalties imposed shall be provided to the accused student or student organization in writing and shall include information about the student's rights to a de novo hearing before the University Judicial Board.
6. UNIVERSITY JUDICIAL BOARD (DE NOVO) HEARING PROCEDURES: The following procedures apply to Judicial Board Hearings only.
   1. A student or student organization found responsible for violating the Code of Conduct in a Disciplinary hearing may request a new (de Novo) hearing before the University Judicial Board if they deny responsibility for the violations(s). If the student or student organization does not deny responsibility for the violation(s) but wishes to appeal the sanction imposed by the Judicial Affairs Coordinator/Associate Provost, they may request a review of the sanction only before the Board.
   2. Board Membership:
      1. The President of the University shall appoint a Chairperson and Chairperson alternate from the Board membership or alternates.
      2. Two student members, at least one of whom shall live in a residence hall, will be elected by the Student Senate for terms of one year. Students who have previously been on Probation or who have received more serious disciplinary sanctions as defined in this document may not serve on the Judicial Board.
      3. The Faculty Senate for overlapping terms of two years shall elect two faculty members.
      4. The Vice President of Student Affairs shall appoint a staff member.
      5. There shall be three alternates: a student elected by the Student Senate, a faculty member elected by the Faculty Senate and a staff member appointed by the Vice President for Student Affairs. The alternates will serve in the absence of Judicial Board Members.
      6. A quorum shall consist of one faculty member, one student and one staff member.
      7. If a member of the Board has been involved in any way in a case to be heard or if he/she feels unable to render a fair decision, he/she must disqualifyhim/herself from the hearing. If it is determined by the Board Chairperson that a member of the Board is unable to render a fair decision, the Chairperson may disqualify the Board member from the hearing. An accused student may request that a Board member be disqualified if he/she feels the member is unable to make a fair decision. The Chairperson reserves the right to approve or deny the accused student's request.
   3. The Disciplinary hearing finding of a Code of Conduct violation shall be set aside by the scheduling of a de novo hearing before the Judicial Board in cases where they student/student organization is contesting the finding of a violation. In cases where the student/organization is appealing only the sanction imposed at the Disciplinary hearing, the Board will review the sanction and not reconsider the question of whether there was a violation of the Code of Conduct.
   4. Those present at a Judicial Board hearing shall be limited to the Board members and Chairperson; the accused student and his/her advisor; the Judicial Affairs Coordinator; and the Associate Vice President for Student Affairs (or the Associate Provost in cases of alleged academic dishonesty).  Witnesses shall be present as called.
   5. The Judicial Board Chairperson shall convene the board to conduct a hearing within 15 class days of receipt of the de novo hearing or sanction review request. The Chairperson may grant requests for extensions from the accused or the Judicial Affairs Coordinator. The Judicial Board members, the accused and the Judicial Affairs Coordinator shall be notified of the time, date and location of the hearing by the Chairperson. The accused will notify his/her witnesses. The Judicial Affairs Coordinator shall notify witnesses he/she wishes to have attend the hearing.
   6. Judicial Board hearings shall conform to the following
      1. The Judicial Board shall hold de novo hearings and sanction reviews without regard to the outcome of Disciplinary hearings.
      2. The Chairperson shall explain the order of proceedings established by the Judicial Board.
      3. An audiotape of the hearing, not including the board deliberations, shall be made. Copies shall be available to the accused student or student organization at the request of the accused.  The accused shall be responsible for costs of producing copies of the tape.
      4. The accused student or student organization shall present their case and call witnesses on their behalf.
      5. The Judicial Board, accused student or student organization and the Judicial Affairs Coordinator shall have the authority to question witnesses and others presenting testimony.
      6. After hearing statements by the accused, the Judicial Affairs Coordinator and witnesses, the Judicial Board shall deliberate in private.
   7. If the Judicial Board decides in a de novo hearing the accused student or student organization has violated the Code of Conduct, the Judicial Board shall impose a Code of Conduct sanction of its choosing, except in cases of academic dishonesty where the Office of the Provost will determine the sanction. When determining its own sanction in de novo hearings or in sanction reviews, the Judicial Board may consider but has the authority to alter the sanction previously imposed at the Disciplinary hearing.
7. DISCIPLINARY SANCTIONS: The University may impose any of the sanctions listed below on students or student organizations found in violation of the Student Code of Conduct.
   1. Sanctions for Individual Students
      1. Reprimand - A student is told to not violate the Student Code of Conduct in the future and that any future violations may result in more serious disciplinary action.
      2. Probation - Designated for a period of not less than six and not more than 12 months.
      3. Suspension - A student is separated from the University for a period of at least one full semester. Readmission is contingent upon completion of the suspension period, fulfillment of terms, if any, and approval of the Vice President for Student Affairs or his/her designee. (Normally, a student will be suspended when he/she is convicted on three separate occasions for violations of a law (not including traffic violations) on University property or in the Borough of Millersville.)
      4. Interim Suspension or Loss of Privileges - Pending final action on charges of violating the Student Code of Conduct, the student may be subject to immediate suspension or loss of privileges if it is determined by the Vice President for Student Affairs that the student's presence on campus may constitute a threat to the health, safety and welfare of the University community. If a student is placed on interim suspension, a Disciplinary hearing will be scheduled within ten class days.
      5. Expulsion - The student is separated from the University permanently.  There are no provisions for the readmission of the student in the future. The following sanctions may be used in combination with the sanctions set forth above:
      6. Educational Sanction - A student may be required to attend an educational program or produce an educational project.
      7. Loss of Privileges - A student may be denied specific privileges for a designated period of time. These privileges include but are not limited to access to specific buildings, facilities, residence hall assignment, and participation in extracurricular activities.
      8. Restitution - Payment for property loss or damage, or other losses such as medical bills.
      9. Referral - A student may be required to seek evaluation through the University's Counseling and Human Development Center or another counseling resource and comply with the recommendations that result from the evaluation.
      10. Parental Notification - A student's parent or guardian may be notified of the disciplinary incident and the student's disciplinary record in accordance with the Family Educational Records Privacy Act.
   2. Student Organizations
      1. Those sanctions listed in section 1. a., b., f., g. and h. Sanctions imposed against student organizations do not also apply to the individual members of the organizations.
      2. Deactivation - Loss of University recognition and campus privileges for a designated period of time.
8. APPEALS TO THE PRESIDENT OF THE UNIVERSITY
   1. A student or student organization found to have violated the Code of Conduct by the Judicial Board may appeal the Board's decision in writing to the University's President within five class days.
   2. Appeals to the President must be based on one or more of the following:
      1. Alleged violations of Judicial Board hearing procedures.
      2. New information pertaining to the case that was not available at the time of the Judicial Board hearing that may substantially change the decision.
      3. Belief of the accused that the sanction imposed is unjust.
   3. The President or his/her designee may:
      1. Support the Judicial Board's findings and sanctions entirely.
      2. Modify the sanction.
      3. Reverse the findings of the Judicial Board and conclude that no violation of the Student Code of Conduct occurred.
      4. Reverse the findings of the Judicial Board and order a new hearing before the Judicial Board
   4. The decision of the President or his/her designee shall be final.
Approved by the Millersville University Council of Trustees June 12, 2002

Revised December 15, 2005

Revised June 21, 2006

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