University of Pittsburgh at Greensburg Student Code of Conduct and Judicial Procedures

Director of Orientation and Co-Curricular Programs/UPG Judicial Coordinator
Ms. Sara Hammond
219 Chambers Hall
1150 Mt. Pleasant Rd.
Greensburg, PA 15601
724-836-9954
FAX 724-836-7134
sah19@pitt.edu

Coordinator of Residence Life
Mr. Bryan Valentine
219 Chambers Hall
1150 Mt. Pleasant Rd.
Greensburg, PA 15601
724-836-7470
FAX 724-836-7879
bv6@pitt.edu

Return to top of page

Introduction

The ultimate purpose of higher education is to develop the minds and characters of students through the pursuit of knowledge, and thus contribute to the well being of society. At the University of Pittsburgh the responsibility and authority for achieving this purpose rests, by law, with the Board of Trustees. "The University of Pittsburgh -- Commonwealth Act of 1966" specifically provides:

"The entire management, control, and conduct of the instructional, administrative, and financial affairs of the University are hereby vested in the Board of Trustees. The Board may exercise all the powers and franchises of the University and make bylaws for their own government, as well as for the University."

Included in the powers vested in the Board of Trustees is the authority to establish regulations and standards for students. Responsibility for these regulations and standards is delegated to the Chancellor, and in turn to specified administrative officials. While exercising these powers the Board of Trustees and University administrators acknowledge and affirm the rights and responsibilities of students -- as members of society, as guaranteed by the Federal and State Constitutions, and as expressed by federal, state, and local laws. It is further recognized that students acquire additional rights and responsibilities, which are inherent in the educational process.

August 15, 2002
To the Students of the University of Pittsburgh at Greensburg:
This publication is important to all students. You will find a compilation of the rules and regulations that govern student conduct on this campus and define your rights and responsibilities. They have been developed based on many years of experience and testing. I think you will find that they are reasonable. They certainly embody two critical values: fairness and personal accountability. I urge you to read them carefully.
Sincerely,
Frank A. Cassell, President

Return to top of page

STUDENT RIGHTS WITHIN THE UNIVERSITY COMMUNITY

With the approval of the Board of Trustees, the University affirms the following student rights and privileges:

* To engage in discussion, to make inquiries, to exchange thought and opinion, to publish and exchange findings and recommendations, to speak, write, or print freely on any subject, and to sponsor speakers of their choice, in accordance with the guarantees of our Federal and State Constitutions, subject only to the right of the University to make reasonable rules and regulations related thereto.
* To associate with whomsoever they please.
* To engage in the educational process.
* To engage in peaceful, orderly, and nondestructive picketing, protests, and demonstrations, to the extent they do not violate public law and do not interfere with the educational process or, the rights of other members of the University.
* To be free from discrimination on the basis of race, color, religion, ethnicity, national origin, age, sex, sexual orientation, or marital, veteran, or handicapped status.
* To be secure in their persons, living quarters, papers, and effects from unreasonable, illegal, or unauthorized searches and seizures; and in the event of a legally authorized search, whenever possible to have present an official of the University and the student against whom the legally authorized search is directed.
* To be free from violence, force, the threat of force, entrapment, and coercion.
* To organize one's own personal behavior as long as such behavior does not violate public law, University rules or policies, or the rights of others and does not interfere with the educational process.
* To be informed of the standards and the norms of conduct established by the University and the right to have advance notice of any potential sanctions for violations thereof.
* To have the benefit of fair and equitable procedures for determining the validity of charges of alleged violations of University standards of conduct. All procedures shall be structured to facilitate a reliable determination of the truth or falsity of charges while providing due process and fundamental fairness to all persons.
* To retain unaltered status as a member of the University community and to be present on the campus and attend classes during the consideration of any disciplinary matter, except for reasons relating to the safety and well-being of members of the University community or University property or a student's own physical or emotional safety and well-being.
* To petition for redress of a grievance arising from negligent, malicious, or irresponsible actions of a member of the University community.
* To have University records reflect only such information as is reasonably related to the educational process of the University.
* To be informed of the existence, custodianship and general character of all personal records maintained by the University.
* To inspect all personal records, except records determined to be confidential in accordance with properly established criteria.
* To have protection from disclosure of personal records to unauthorized persons. Information will not be released outside of the University community without the expressed consent of or waiver by the student involved, except under valid legal compulsion or where there is a clear and present danger to a member of the University community, in which case the student will be informed of any such release.
* To establish and elect a representative, democratic student government which is accountable to the University and the student community.
* To be heard and have one's views considered at appropriate levels of the decision-making process within the University community.
* To use designated University facilities as individuals and members of student organizations for extra-curricular activities sponsored by certified student organizations and student groups, subject to the priority of academic needs and to reasonable University rules and regulations regarding use of facilities.

Return to top of page

STUDENT CODE OF CONDUCT

The Student Code of Conduct is the product of the combined efforts of the administration, faculty, and students, and is approved by the Board of Trustees.

The purpose of this Code is to outline nonacademic standards of conduct appropriate to the University in consonance with the educational goals of the University.

All students are expected to familiarize themselves with the provisions of the Code and their individual responsibility under it.

The Student Code of Conduct shall apply to all students at the University of Pittsburgh at Greensburg. Students shall also be subject to other policies and regulations properly adopted by the University.

The following shall be the meaning of terms as used herein:
"Student" means any person matriculated, registered, or enrolled in a University program or pursuing a course of study at the University of Pittsburgh at Greensburg (UPG). Those persons that have paid their tuition deposit but have not yet registered are considered to be students.

"Resident" means any person who holds a valid contract to reside in UPG residence halls or other University housing.

"University Official" means any person University employee or volunteer who is assigned administrative, staff, or professional responsibilities.

"Offense" means conduct and/or attempts to engage in conduct inappropriate to the University community for which disciplinary action may be instituted.

"University Property" means all property owned, leased, or controlled by the University.

"Guest" assumes a broader definition than the technical definition of "guest" and "visitor" as defined in the Residence Hall Visitation Policy. Its use will include and refer to any person visiting within a University facility for a period of time.

All University of Pittsburgh at Greensburg students are required to carry a current validated University Identification Card at all times. This card identifies one as a currently enrolled student, and affords the individual University privileges. Residence hall students must carry a valid a University ID to gain access into the residence halls and other University facilities and events.

Students are expected to conduct themselves as responsible members of the University community. Those students whose conduct demonstrates a disrespect for law, the rights of others, or the health, welfare and safety of members of the University community will be subject to disciplinary action by the University, provided such conduct takes place on University property, or in the course of a University-sponsored or University-supervised activity, or if such conduct otherwise results directly from membership in the University community. In addition, conduct off-campus may be subject to disciplinary action by the University if that conduct seriously threatens the health, welfare or safety of the University community or any individual member thereof; or that conduct reflects upon the student's character and fitness as a member of the student body; provided in either case the conduct would violate this Code if it took place on-campus.

Students are advised that other University policies may more appropriately apply to a given grievance or avenue of redress, including, but not necessarily limited to, the University of Pittsburgh at Greensburg Guidelines on Academic Integrity and the University of Pittsburgh Sexual Harassment Policy and Procedure.

Return to top of page

OFFENSES RELATED TO PERSON(S)

An offense related to person(s) is committed when a student:

Without authority or consent limits or restricts the freedom of a person to move about in a lawful manner.
Abuses or injures oneself or another person physically.
Harasses, threatens, intimidates, coerces, or uses physical force in a manner which causes another person to be reasonably apprehensive or which endangers the health or safety of oneself or another person.
Obstructs, interferes, or denies another student the rights and privileges affirmed by the Board of Trustees.
Engages in any act or preparation intended to result in a violation of this Code, which if not prevented, would have resulted in the completion of the act intended.
Violates any provision of any of the following University policies regarding: Sexual Harassment; Anti-Harassment; Drug Free Work Place and Drug Free Schools; or Non-Discrimination.
Uses a telephone or electronic media to carry out any offense related to a person.
Commits any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent; or engages in unlawful, non-forcible sexual intercourse.

Return to top of page

OFFENSES RELATED TO PROPERTY

An offense related to property is committed when a student:

Knowingly and without consent or authorization has in his or her possession, dominion, or control property of another person or the University.
a) A resident may not remove or use in his/her room University property which has been placed in lounges or other public areas of the residence halls.
Knowingly and without consent or authorization removes, uses, misappropriates, or sells the property of another person or the University.
a) A student is not permitted to remove food or property from University food service areas unless expressly authorized by University food service personnel.
b) A resident may not lease, sublet, or change rooms without authorization from University Housing.
Intentionally or negligently abuses, damages, or destroys property owned or in the possession of another person or the University.
a) A resident to whom University property has been assigned is absolutely responsible for the condition of that property during the period of assignment.
b) A student may not affix, implant, or otherwise fasten any object to floors, ceilings, or walls of the residence halls that might stain, scar, or otherwise damage the residence hall facilities.
c) A student may not alter or interfere with the normal operation of elevators within any University building.
d) A resident shall not allow his/her screen(s) to be opened or removed from the windows.
e) A resident shall not allow his/her window(s) to be opened beyond the point restricted by a physical barrier or mechanical means.
A student is absolutely prohibited from throwing anything from the windows and/or balconies of any University owned building.
Resident students are responsible for the actions of their guests.
A resident may not display or hang posters, banners or any other items from residence hall windows without advance written approval of Residence Life.
Obtains the property of another person or the University by misrepresentation or fraudulent means.
a) A student may not borrow, buy, or use University identification issued in the name of another person.
Enters or uses facilities or property of another person or the University without consent or authorization
a)Students may not hold group functions in any University common area without the express advance approval of the appropriate University office.
b) A student and/or his/her guests may not enter University food service areas in an unauthorized manner (e.g., via elevator, exit doors, garage, etc.) or without proper identification (e.g., invalid meal tickets). A student may not enter the University food service areas without being completely clothed.
Knowingly and without consent alters and/or misuses cable devices.

Return to top of page

OFFENSES RELATED TO THE OPERATION OF THE UNIVERSITY

An offense related to the operation of the University is committed when a student:

Forges, alters, takes possession, duplicates, or uses documents, records, keys, identification, or computer accounts without consent or authorization by appropriate University officials.
a) A student may not deface, transfer, duplicate, loan, borrow, or sell University Identification Cards.
b) A student may not duplicate University building keys; this includes residence hall keys.
c) A student may not possess or use keys to University facilities unless expressly authorized to do so.
Falsifies information or records submitted to a University official or office.
Fails without just cause to comply with the lawful direction of a University official acting in the performance of his or her duties and authority.
a) A student must comply with directions of members of the residence hall staff who should identify themselves as such.
Fails to present University identification upon request by an authorized University official who has offered proper identification as to his or her status, or is attired in a manner consistent with the University of Pittsburgh at Greensburg Office of Safety and Security.
Purports to represent the University or another person in the University community improperly and without authorization.
Engages in solicitation of any type in or on University property unless approved in advance by an appropriate University official.
Engages or participates in non-University commercial activity on campus, unless written authorization for such activity has been given by the Vice President for Academic Affairs or Vice President for Administration or their designee. This prohibition includes, but is not limited to, the sale or misuse of class notes and recordings, papers, examinations and other class materials, which may not be sold, exchanged or distributed for commercial purposes, or for any purpose other than study.
Obstructs the operation and functions of the University by failing to comply with regulations properly established and approved by the Dean of Student Services, or by a Vice President, which shall, by incorporation, become part of this Code.
a) A student may not possess or use any cooking appliances and/or cooking equipment in any residence hall unless the appliance, equipment, and/or facility is provided by the University or unless the usage of such is expressly authorized by the Office of Residence Life and/or Housing.
b) A student may not have pets in the residence halls unless the Office of Residence Life and/or Housing has given express written authorization.
c) A student may not post or display posters, banners, or advertising on residence hall property (except within his/her individual room) without the prior stamped approval of Office of Student Services.
d) A student is required to observe QUIET HOURS in the residence halls: from 8:00pm -- 8:00am, also Friday and Saturday from 11:00pm -- 8:00am, and is expected to maintain reasonable quiet at all other times.
e) A student shall be responsible for his/her guest(s) at all times, and shall be held responsible for any violations of the Student Code of Conduct committed by his/her guest(s).
Violates any provision of the Residence Hall Visitation Policy.
Obstructs or interferes with the reprimand, discipline, investigation, or apprehension of another person who is involved or may be involved in a commission of an offense under the Student Code of Conduct or other University regulations or rules.
Disrupts or prevents the peaceful and orderly conduct of classes, lectures, and meetings or deliberately interferes with the freedom of any person to express his/her views, including invited speakers.
Interferes with the operation of the University's computer facilities by deliberately attempting to degrade or disrupt system performance, security, or administrative operations.
Engages in conduct which is disorderly, lewd, or indecent; a breach of the peace; or aiding, abetting, or procuring another to do the same.
Fails to control the behavior of a guest or seek University assistance in controlling the behavior of a guest.
Violates the provisions of the Housing License Agreement.
Violates any University of Pittsburgh at Greensburg policy not specifically named in this Code.

Return to top of page

OFFENSES RELATED TO WELFARE, HEALTH, OR SAFETY

An offense related to welfare, health, or safety is committed when a student:

1) Uses, possesses, or manufactures, without University authorization, firearms, explosives, weapons, or other dangerous articles or substances injurious to the person or property.
Refuses to vacate buildings, streets, sidewalks, driveways, or other facilities of the University when directed to do so by an official of the University, or any other lawful authority having just cause or fails to vacate a University building, including residence halls, when a fire alarm sounds
Uses, possesses, or is under the influence of narcotics, hallucinogenic drugs, dangerous drugs, controlled substances except as permitted by law, or possesses drug paraphernalia which can be demonstrated to be linked to drug activity, such as pipes with drug residue.
Is knowingly present during the commission of the violation(s) of "uses, possesses, or is under the influence of narcotics, hallucinogenic drugs, dangerous drugs, controlled substances except as permitted by law, or possesses paraphernalia which can be demonstrated to be linked to drug activity, such as pipes with residue".
Distributes or sells narcotics, hallucinogenic drugs, dangerous drugs, controlled substances except as permitted by law, or possesses drug paraphernalia which can be demonstrated to be linked to drug activity, such as pipes with drug residue.
Is knowingly present during the commission of the violation(s) of "distributes or sells narcotics, hallucinogenic drugs, dangerous drugs, controlled substances except as permitted by law, or possesses paraphernalia which can be demonstrated to be linked to drug activity, such as pipes with residue".
Possesses or consumes alcoholic beverages where prohibited by the University or dispenses alcoholic beverages to an individual, or violates any provision of the UPG alcohol policy.
Is knowingly present during the commission of the violation(s) of "possesses or consumes alcoholic beverages where prohibited by the University; or dispenses alcoholic beverages to an individual, or violates any of provision of the University alcohol policy".
Drives while under the influence of alcohol and/or narcotics, hallucinogenic drugs, dangerous drugs, controlled substances except as permitted by law.
Is knowingly present during the commission of the violation(s) of "drives while under the influence of alcohol and/or narcotics, hallucinogenic drugs, dangerous drugs, controlled substances except as permitted by law".
Falsely reports a fire, or activates emergency warning equipment, or communicates false information regarding the existence of explosives on University property.
Abuses, removes, or damages fire safety equipment.
Engages in games of chance for money or other gain in violation of the law.
Ignites or burns materials which cause a fire.
Ignites or burns incense, candles, and/or like materials.
Violates the University's restrictions on use of tobacco products in campus buildings and University owned vehicles.

Return to top of page

OFFENSES RELATED TO UPG
STUDENT JUDICIAL SYSTEM (UPGSJS)

An offense related to the University of Pittsburgh at Greensburg Student Judicial System (UPGSJS) is committed when a student:

1) Attempts to intimidate, coerce, or influence a person by any means in an effort to discourage or prevent his/her use of or participation in any judicial process or proceedings.
Attempts to influence the impartiality of any member of a judicial body prior to or during the course of a judicial proceeding.
Fails to respond to the summons of a judicial body or official.
Knowingly falsifies, distorts, or misrepresents information before a judicial body.
Disrupts or interferes with a judicial proceeding.
Knowingly institutes a judicial proceeding without proper cause.
Knowingly divulges information disseminated in a UPGSJS hearing about another student to a third party.
Either as an individual or as part of a student organization sponsored activity violates any University policy or regulation. Student organizations may be charged with violations of this Code. A student organization and its officers may be held collectively and individually responsible when violations of this Code and those associated with an organization have received consent or encouragement of the organization or its leaders or officers. Sanctions for organizational misconduct may include revocation or denial of certification.

Return to top of page

OFFENSES, CRIMINAL OR PENAL

These offenses are committed when a student violates any criminal or penal statute or ordinance that is applicable where the offense takes place. Clear and convincing evidence shall be the standard applied in all cases.

POLICY ON ROOM ENTRY WITHIN THE RESIDENCE HALLS BY AUTHORIZED
UNIVERSITY OF PITTSBURGH AT GREENSBURG PERSONNEL

Authorized University personnel may enter student rooms for health and safety inspections, maintenance, housekeeping, and as otherwise permitted by law. See also Resident Handbook

Return to top of page

RESIDENCE HALL ADMINISTRATIVE SANCTIONS

The Coordinator of Residence Life or his/her designee(s) may establish and enforce standards of conduct, which do not conflict with student rights within the University community as affirmed in the Student Code of Conduct. Administrative sanctions may be issued for select code infractions within the residence hall community, as long as the action is not arbitrary or capricious and a reliable determination is made.

In addition, at the expiration of the Term and the end of the Housing contract period, administrative sanctions will be imposed for all Code infractions that have not been adjudicated including those judicial complaints previously referred to the UPG Judicial Coordinator.

Records of all administrative sanctions will be maintained by the Coordinator of Residence Life and the UPG Judicial Coordinator and will be introduced at subsequent judicial proceedings.

Return to top of page

JUDICIAL BOARD AND HEARING OFFICERS

A matter submitted for adjudication shall be heard by a Judicial Board of no less than three (3) members or a Hearing Officer appointed by the UPG Judicial Coordinator. The accused student shall make this election. When privacy rights or other extraordinary conditions are an issue, the Coordinator shall make the election.

The Judicial Board (JB)/Hearing Officer is the duly authorized judicial body which has jurisdiction over students for matters arising from the Student Code of Conduct. The JB/Hearing Officer shall possess the authority to recommend both residence hall and University-wide sanctions. The JB/Hearing Officer shall conduct hearings, make findings of facts, recommend disciplinary sanctions where appropriate, and provide due process for students while protecting the rights of all members of the University community.

In extraordinary circumstances where the complexity of factual issues and/or matters of law so dictate, the President may appoint an ad hoc hearing body to hear cases. Any proceeding before such an ad hoc body shall provide due process and insure the rights of students.

1) JB STRUCTURE

The Judicial Board shall be a standing body comprised of at least ten (10) undergraduate students.

During the Summer Term, the JB shall be a standing body of no less than three (3) members. If necessary, interim appointments may be made to maintain this number.

2) APPOINTMENT

Applicants shall be solicited in the Fall Term of each academic year and as needed from the University population. The selection committee shall interview applicants and recommendations for appointment shall be made to the Dean of Student Services. Applicants must meet the following requirements:
* Must be a registered student in their second or subsequent semester at UPG.
* Must be in good academic standing.
* Must not be on academic or disciplinary probation.
* Must not be on residence hall probation, suspension or dismissal.

3) HEARING OFFICERS

The Hearing Officer shall be a current faculty or staff member at the University of Pittsburgh at Greensburg. The UPG Judicial Coordinator will have a pool of no less than three (3) Hearing Officers at any given time. If necessary, interim appointments may be made to maintain this number.

Return to top of page

RIGHTS IN DISCIPLINARY HEARINGS

In preserving the rights of individuals, the University shall have the obligation:

To describe the University's standards clearly.
To make known the University's 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 not responsible, until found responsible, 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 the accused student. Failure to secure representation will not cause a hearing to be postponed or canceled. (Note: Office of Residence Life staff members cannot provide representation without approval by the Coordinator of Residence Life.)
To have a fair disposition of all matters as promptly as possible under the circumstances.
To elect to be heard by an impartial Judicial Board or Hearing Officer. If the parties fail to indicate a preference for a Hearing Officer or a Judicial Board or cannot agree on this option within three (3) 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).
To receive a private hearing. The complainant and accused may request in writing the presence of one support person in addition to their student advocate. The UPG Judicial Coordinator must receive the request no less than three (3) business days prior to the hearing.
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 UPG Judicial Coordinator will attempt to consult with the victim for input in the settlement process.
To have a preliminary hearing from the Dean of Student Services or his/her appointed representative with the knowledge of the UPG Judicial Coordinator when immediate action is proposed prior to a full hearing.
To be informed of the maximum and minimum sanction(s) that may be imposed.
To be informed of the format and procedures of the University of Pittsburgh at Greensburg Student Judicial System.
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 of the judicial hearing upon request. A fee may be imposed.
To have only relevant evidence considered by the Judicial 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 be informed of the appellate procedure to be followed.
To be free from repeated disciplinary proceedings where the parties and issues are the same.

Return to top of page

JUDICIAL SYSTEM FILING PROCEDURES

Any member of the University community who feels he/she has been wronged due to a violation of the Student Code of Conduct may schedule a meeting with the UPG Judicial Coordinator to discuss the situation.

Any University official or member of the University community may institute a proceeding against a student by filing a complaint in the Office of the UPG Judicial Coordinator. A complaint against a student must set forth the following:

1) The name and address of the student against whom a complaint is lodged.
The name of the complainant 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(s), which must include:
a) Date of occurrence. c) Place of occurrence.
b) Time of occurrence. d) 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 complainant.

Return to top of page

JUDICIAL FILES AND RECORDS

The UPG Judicial Coordinator shall keep a file on each accused student indicated on each incident report brought to the attention of the Coordinator, regardless if charges are brought against that person or not.

Judicial files for students will be purged one (1) calendar year after the student's graduation from the University of Pittsburgh at Greensburg.

Judicial files for students that have not graduated from the University of Pittsburgh at Greensburg will be purged five (5) calendar years after the student's last semester of attendance at UPG.

Judicial files for non-students will be purged five (5) calendar years from the date of the most recent incident they were involved in.

Disciplinary files for students sanctioned with disciplinary suspension or dismissal shall be retained indefinitely.

Disciplinary records may be voided by the Coordinator upon written petition. Factors to be considered in review of such petitions shall include the present demeanor of the student, the conduct of the student subsequent to the violation, the nature of the violation and the severity of any damage, injury or harm resulting from it.

Return to top of page

NOTICE & PRELIMINARY CONFERENCE

Upon receipt of a properly filed complaint, the Coordinator shall notify the accused student in writing that proceedings have been instituted. The letter directs the accused student to schedule a preliminary conference with the Coordinator 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.

The purpose of the preliminary conference is to allow the Coordinator to discuss the alleged offense(s) with the accused student. At this meeting the student is given a copy of the Student Code of Conduct. If the student elects to have a judicial hearing rather than admitting responsibility for the charge(s) and accepting the recommended sanction(s), the Coordinator shall provide guidance to the accused in the completion of the response form, answer questions regarding the procedures and format of the campus judicial system, make the necessary arrangements for the hearing, and provide other assistance when appropriate.

The hearing response form to be completed by the accused and returned to the Coordinator at the preliminary conference shall signify whether the accused prefers:

a) To proceed before the Judicial Board or a Hearing Officer.
b) To conduct his/her own defense or be represented by a non-attorney advocate.

The accused and the complainant will provide the Coordinator with a list of witnesses and all available documents which he/she intends to introduce at the hearing not less than twenty-four (24) hours prior to the hearing date and time. Upon request, the Coordinator or his/her representative will provide the accused and the complainant with all available documents and a list of witnesses that both parties will introduce at the hearing.

Return to top of page

WITNESSES

Any member of the University community may, upon showing relevance and necessity, request witnesses to appear at a hearing.

Witnesses are expected to comply with a request by the accused and/or the complainant to testify unless compliance would result in significant personal hardship. Failure to testify may be subject to charges of violating this Code by refusing to comply with a legitimate request.

The UPG Judicial Coordinator, at his/her discretion, may allow a witness to testify via closed-circuit audio/video technology. The Coordinator must receive a written request not less than three (3) working days prior to the hearing date.

Return to top of page

HEARING NOTIFICATION & FORMAT

The UPG Judicial Coordinator is responsible for scheduling the hearing. All parties shall receive written notification of the hearing, which shall include the time, date, and place of hearing.

At the time, date, and place scheduled, the hearing shall be conducted under the guidance of the UPG Judicial Coordinator. All proceedings before the Judicial Board or a Hearing Officer shall be duly recorded and shall adhere to the following format:

The Coordinator shall convene the hearing and introduce the parties involved in the proceeding, and the student s representative, if any
The Coordinator 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 in ruling on the admissibility of information. Reasonable limits may be imposed on the number of factual witnesses and the amount of cumulative evidence that may be introduced.
The complainant or accused may challenge a hearing board member or hearing officer on the ground of personal bias. The Coordinator will make the final decision regarding the challenge.
The Coordinator shall read the alleged offense(s) upon which the complaint has been based.
Objections to procedures shall be entered on record and the Coordinator shall make any necessary rulings regarding the validity of such objections.
The complainant or representative for complainant shall state his/her case and shall offer evidence in support thereof.
The Coordinator may elect to audiotape or transcribe the hearing. The Coordinator shall retain possession of the tape recording and/or transcript. This shall be the only recording/transcript of the hearing permitted.
The accused or representative for accused shall have the opportunity to question complainant.
The complainant and accused may request the presence of one support person and one non-attorney advocate. The Coordinator must receive the written request at least three (3) days prior to the hearing.
The complainant or representative for accused shall be given the opportunity to call witnesses.
The accused or representative for accused shall be given the opportunity to question each witness of the complainant after he/she testifies.
The complainant shall inform the Coordinator when his/her presentation is completed.
The hearing shall be recessed and the Coordinator shall make a determination as to whether the complainant has presented sufficient evidence to support a finding against the accused if such evidence is uncontroverted.
Depending upon the determination of the Coordinator, the matter shall be dismissed or the accused shall be called upon to present his/her case and offer evidence in support thereof.
The accused may testify or not as he/she chooses.
The complainant or representative for complainant shall have the opportunity to question the accused if the accused voluntarily chooses to testify.
Accused or representative for accused shall have the opportunity to call witnesses.
Complainant or representative for complainant shall have the opportunity to question each witness of the accused after he/she testifies.
Accused shall inform the Coordinator when his/her presentation is completed.
Coordinator shall have an opportunity to address the Judicial Board or Hearing Officer on University regulations, points of law, or procedure in the presence of all parties, but shall not offer other comments without the consent of all parties.
Board members may ask questions of the parties and all witnesses. They may also take judicial notice of matters that would be within the general experience of University students.
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.
When a decision in favor of or against an accused has been reached by the Hearing Officer or by a majority vote of a Judicial Board, the hearing shall be reconvened and the findings of fact and recommendation announced.
If a decision of responsibility 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 and the Coordinator shall introduce the accused student's disciplinary record.
The hearing shall be concluded and the members of the Judicial Board or Hearing Officer shall deliberate in private until the final decision regarding a recommended sanction(s) is reached and recorded.
Prospective witnesses other than the complainant and respondent may be excluded from the hearing during the testimony of other witnesses. All parties including the witnesses and the public shall be excluded during board deliberations that shall not be recorded or transcribed.

Return to top of page

FINAL ADJUDICATION

The recommended sanction shall be sent to the Dean of Student Services for final adjudication. The Dean 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, justifies it.

The final adjudication shall be forwarded to the accused student, and to other parties as provided for by the federal Family and Educational Rights and Privacy Act.

Where a sanction has been imposed, a record of the adjudication shall be maintained by the UPG Judicial Coordinator and, if appropriate, Residence Life for the term of the sanction.

Return to top of page

UNIVERSITY OF PITTSBURGH AT GREENSBURG STUDENT JUDICIAL SYSTEM SANCTIONS

Sanctions that may be imposed are:

Alcohol and/or Drug Assessment -- An assessment of substance use by an independent agency. The student must follow through with all recommendations from assessment for the sanction to be considered complete. Repeated or aggravated violations of any section of this Code may result in residence hall and/or disciplinary suspension.

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 Residence Life or the Dean of Student Services or their designee. A record of this sanction shall be maintained in the Office of Residence Life and, if appropriate, the Office of the UPG Judicial Coordinator, until the community service project agreed upon is satisfied.

Disciplinary Dismissal -- A termination of registration of a student. If the student applies for re-admission, 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 Dean of Student Services or his/her representative. A record of Disciplinary Dismissal is maintained as a permanent record in the Office of the UPG Judicial Coordinator and a copy shall be placed in a student's file.

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 UPG Judicial Coordinator for the period probation is in effect and during that period the record may be introduced in subsequent disciplinary proceedings.

Disciplinary Reprimand -- A written statement from the Dean of Student Services expressing disapproval of conduct. A record of a Disciplinary Reprimand shall be maintained in the Office of the UPG Judicial Coordinator for the period the Reprimand is in effect. During that period the record may be introduced in subsequent disciplinary proceedings.

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 Disciplinary Suspension is maintained as a permanent record in the Office of the UPG Judicial Coordinator and a copy shall be placed in a student's file; 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 written permission from the Dean of Student Services or his/her representative.

Fine -- A monetary sanction that can be imposed is a minimum of $10.00 and a maximum of $100.00. The Dean of Student Services must expressly approve any fine exceeding $100.00. A record shall be maintained in the Office of the UPG Judicial Coordinator 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.

Interim Partial Persona Non Grata and/or No Contact Order -- An exclusion from a facility or area generally or for a specified facility (-ies), area(s), and/or activity (-ies) 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. He/She must remain a minimum of 100 feet away from the designated person(s) or property.

This sanction may be imposed by the Dean of Student Services or his/her representative 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.

Should the student reappear in any of the areas or activities heretofore mentioned, or fail to cease all contact with those parties designated by the Dean of Student Services or his/her representative, additional disciplinary action may be taken, and he/she will be subject to arrest.

Interim Suspension -- An immediate exclusion from classes and all other University privileges or activities which is imposed by the Dean of Student Services 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 or 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 written permission from the Dean of Student Services or his/her representative.

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 Coordinator of Residence Life or his/her representative. Involuntary Change of Residence Hall Assignment is imposed only to insure safety and well-being of a member of the University community, or University property, or to maintain an academic residential environment, or to insure the student's own physical or emotional safety and well-being.

Parental Notification -- As permitted by applicable law, a student's legal parent(s)/guardian(s), as on record with the Office of the Registrar will either be called or sent a letter by either the Coordinator of Residence Life of the UPG Judicial Coordinator and will be informed that the student has violated the Student Code of Conduct and has been sanctioned accordingly.

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. He/She must remain a minimum of 100 feet away from the designated person(s) or property.

Should the student reappear in any of the areas or activities heretofore mentioned, or fail to cease contact with those parties designated by the Dean of Student Services or his/her representative, additional disciplinary action may be taken, and he/she will be subject to 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, patios, and adjacent University Property. He/She will not be permitted within a minimum of 100 feet of the excluded property. A record of Persona Non Grata status shall be maintained in the Office of the UPG Judicial Coordinator, the Office of the person directly responsible for the day-to-day operation of the facility or area, and Campus Security; the record may be introduced in subsequent disciplinary proceedings. Should the student reappear in any of the areas heretofore mentioned, additional disciplinary action may be taken, and he/she will be subject to arrest.
Personal Education, Assistance, and Referral Program (P.E.A.R.)-- A program designed to: 1) develop a high level of alcohol and other drug awareness; and/or 2) identify individuals with substance abuse early so they can be referred to the University's network of support. The program requires attendance at all education sessions. Failure to attend mandatory P.E.A.R. programs may result in additional disciplinary action including but not limited to monetary fines.

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 UPG Judicial Coordinator and a copy shall be placed in a student's file. The student will be Persona Non Grata on all University residence 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, patios, and adjacent University property. He/She will not be permitted within a minimum of 100 feet of the excluded property. Should the student reappear in any of these areas, additional disciplinary action may be taken, and he/she will be subject to arrest.

Residence Hall Interim Suspension -- An immediate exclusion from the residence halls and all residence hall privileges and activities, which is imposed 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 well being. During the period of Residence Hall Interim Suspension, the student will be Persona Non Grata on all University residence hall property and will not be permitted to enter or use a University residence hall for visitation, meals, employment, or for any other purpose. This status also includes exclusion from residence hall lobbies, patios, and adjacent University property. He/She will not be permitted within a minimum of 100 feet of the excluded property. Should the student reappear in any of these areas, additional disciplinary action may be taken, and he/she will be subject to arrest.

Residence Hall Probation -- A conditional retention of resident 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 UPG Judicial Coordinator for the period probation is in effect and during that period the record may be introduced in subsequent disciplinary proceedings.

Residence Hall Reprimand -- A written statement from the Coordinator of Residence Life expressing disapproval of conduct. A record of Residence Hall Reprimand shall be maintained in the Office of the UPG Judicial Coordinator for the period the reprimand is in effect. During that same period the record may be introduced in subsequent disciplinary proceedings.

Residence Hall Suspension -- A termination of residence for a specified period of time from the residence halls. 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 property for visitation, meals, employment, or any other purpose. This status also includes exclusion from the residence hall lobbies, patios, and adjacent, University property. He/She will not be permitted within a minimum of 100 feet from the excluded property. Should the student reappear in any of these areas, additional disciplinary action may be taken, and he/she will be subject to arrest.

At the conclusion of the period of suspension, the student will be allowed to return to the residence halls property on a probationary basis for a period of one year unless otherwise specified.

A record of Residence Hall Suspension is maintained in the Office of the UPG Judicial Coordinator; 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 that was damaged, destroyed, or misused. A record of directive to make restitution shall be maintained in the Office of the UPG Judicial Coordinator 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.

Substituted Sanction -- A constructive and voluntary undertaking by a student, which, by agreement of the student and the Judicial Board or Hearing Officer, shall be substituted for any of the above, sanctions. A record of substituted sanction shall be maintained in the Office of the UPG Judicial Coordinator until the undertaking agreed upon is completed.

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. The Coordinator of Residence Life shall maintain a record of Removal of Privileges for the period the removal is in effect. During that period the record may be introduced in subsequent disciplinary proceedings.

Voluntary Change in Residence Status -- If a student moves out of the residence halls after the imposition of original sanction, the Coordinator of Residence Life has the authority to impose limitations on that individual, such as a Persona Non Grata sanction or other restrictions.

Return to top of page

APPEAL

Students have the right to petition the Review Board (RB) for an appeal of the decision of their disciplinary hearing subject to the guidelines outlined in the Basis for Appeal section. Appeals shall be made to the URB within five (5) working days of the date of the decision letter.

1) REVIEW BOARD

The Review Board (RB) will exercise appellate jurisdiction for non-academic matters. The RB shall also exercise limited jurisdiction for matters referred directly from the Dean of Student Services.
The Review Board shall meet once a term for the purpose of orienting new members and reviewing prior decisions and shall meet at such other times as are necessary to conduct appellate hearings.

2) RB STRUCTURE

Affirming and protecting standards of conduct is a community responsibility shared by students, faculty, staff, and administration.

The RB shall be a standing body of nine (9) members of the University community appointed for staggered terms of two years under the direction of the RB Moderator. Appointment shall be made in the following manner:

Three (3) faculty members elected by the Faculty Senate; or if in the event the Faculty Senate fails to do so, selected by the UPG Judicial Coordinator;
Three (3) Judicial Board members appointed by the UPG Judicial Coordinator; and
Three (3) staff members appointed by the UPG Judicial Coordinator.

A matter properly submitted for review shall be heard by five (5) members of the RB, to consist of the moderator and at least one (1) each of a faculty member, a staff member and a UPG student.

3) RB MODERATOR

The RB Moderator shall be a faculty or staff member appointed by the President and is authorized to:

Conduct the administrative and procedural operation of the RB.
Determine the appropriateness and completeness of Petitions to the RB in consultation with one student and one faculty or staff member of the RB.
Provide advice and assistance to members of the University community regarding the processing of an appeal.
Select members from the UPG community to serve on the Review Board.

4) BASIS FOR APPEAL

The RB shall hear an appeal whenever requested by the Dean of Student Services or President.

The RB shall also hear appeals on the petition of a faculty member, student or student organization when a petition, together with supporting documentation, presents a substantial question within the scope of review of the RB and either the prior adjudication or action resulted in:

Suspension or dismissal from the University.
Suspension or dismissal from the University residence halls.
Procedural rulings or substantive interpretations that have an important impact upon the UPG Judicial system or University community.

Any petition for appeal of a sanction must be filed within five (5) working days of the date of the decision letter. Until favorable decision on the appeal or favorable action on a petition for, postponement of sanction pending appeal, the original sanction imposed remains in effect.

5) SCOPE OF REVIEW

The scope of review of the RB shall be limited to consideration of the following questions:

Whether rights affirmed by the Board of Trustees have been denied.
Whether the adjudicatory process of an initial hearing was conducted fairly and in conformity with properly prescribed procedures.
Whether the adjudication was supported by substantial evidence.
Whether the regulations involved were lawful and proper and whether they were properly applied in the particular case.
Whether the sanction or remedy imposed was in due proportion to the gravity and nature of the conduct.

6) RB PROCEDURES

Any faculty member, staff member, or student adversely affected by the decision of a Judicial Board or Hearing Officer may institute an appeal before the RB by filing a petition with the UPG Judicial Coordinator.

A petition must set forth the following:

The name and address of the petitioner adversely affected by the prior adjudication.
The name and address of the respondent.
The result of the prior adjudication.
One or more of the questions within the scope of review of the RB.
A statement supporting, through factual narrative argument, the petitioner's position.

The Moderator in consultation with one student and one faculty/staff member of the URB shall review petitions and determine whether all requirements set forth for the filing of an appeal are satisfied and whether the petition sets forth the basis for an appeal and raises a question within the scope of review.

Upon receipt of a properly filed petition, the Moderator shall either notify the parties that an appeal has been instituted.

After determining the appropriateness and completeness of a petition and allowing a reasonable amount of time for preparation and review of any documents and recordings, the Moderator shall schedule an appeal or remand the hearing back to the original judicial body (Judicial Board or Hearing Officer). All parties shall receive written notification of the time, date, and place.

The Moderator shall convene a Review Board at the time, date, and place scheduled and the appeal shall be conducted under the procedural guidance of the Moderator. In the case the appeal has been remanded, the UPG Judicial Coordinator shall convene a hearing at the time, date and place scheduled, and the appeal shall be conducted under his/her procedural guidance.

The RB, in its discretion, may elect to decide an appeal based on the submission of briefs by the parties without oral argument. In such cases, the Moderator will provide written instruction to the parties.

7) POSTPONEMENT OF SANCTION PENDING APPEALS

A sanction or remedy which has been recommended by a Judicial Board or Hearing Officer and approved by the appropriate administrative officer may be postponed upon petition by the affected party or parties upon a determination that pending the final examination of an appeal it would be unfair not to postpone imposition of the sanction or remedy.

Persons wishing to postpone a sanction or remedy may petition the RB within five (5) working days from the date of the decision letter by separate petition setting forth reasons why the imposition of a residence hall or disciplinary suspension or dismissal sanction or other sanction or remedy would unfairly prejudice a party. The Moderator, one (1) student, and one (1) faculty/staff member of the Review Board shall review petition for postponement. The criteria to be applied in determining whether to postpone a sanction or remedy are as follows:

1) Whether the issues rose in the appeal may be resolved in favor of the petitioning party.
Whether the petitioning party will be unfairly prejudiced pending a final determination of the appeal by the immediate imposition of the sanction or remedy.
Whether the responding party will be unfairly prejudiced by the postponement of the sanction or remedy.

All decisions regarding the postponement of sanctions shall be made within five (5) working days of' the receipt of such a petition and shall be communicated to all parties in writing through the UPG Judicial Coordinator.

8) REPRESENTATION

Legal counsel shall be restricted to an advising role and are not permitted to speak or participate directly. The student may be represented or assisted by any non-attorney representative he/she wishes but only one (1) non-attorney representative may take an active part. (Note: Residence Life staff cannot provide representation.).

9) ARGUMENT FORMAT

Each party in interest shall be given ample time to present his or her position. In support of a position, a party may refer to any records, documents, or recordings from a prior proceeding and may present an oral or written argument. Each party may question the other about his or her argument. Members of the RB may question the parties.

Each party shall submit proposed factual findings and the RB shall render a final adjudication in the form of a written opinion. A majority shall control all decisions but there may be an accompanying minority opinion.

10) RB ACTION

After reviewing all materials relevant to the appealed case, the Review Board may choose one of the following options:

The decision of the initial hearing should be upheld and the sanction should be implemented.
The decision of the initial hearing should be upheld, but the severity of the sanction should be decreased.
The decision of the initial hearing should be overturned. Reasons must be given for this recommendation.

The Dean of Student Services shall implement the recommendation of the Review Board. The decision of the Review Board is the final level of University review.

Return to top of page
Return to UPG Homepage