Jurisdiction

Swataney - Student Handbook / Student Conduct Hearing Process

Shippensburg University students are subject to the provisions of the student code of conduct while on University premises, and when involved with off-campus programs, activities, and events related to or sponsored by the University. Students are also expected to follow the tenants of the student code of conduct when privately off-campus. Alleged off-campus student code violations having, or potentially having, a direct, detrimental impact on the University’s educational functions, its community members, or the local municipalities is subject to adjudication within the campus student conduct system. University student conduct boards and officers may hear alleged violations of the student code of conduct as follows:

  1. For full and part-time undergraduate and graduate students if the alleged violation occurred when the person was enrolled at the University or confirmed for the next semester/session.
  2. For persons enrolled in University sponsored programs that do not require traditional course registration.
  3. For persons currently suspended from the University for disciplinary or academic reasons and/or persons who are on an official leave of absence.
  4. For registered student organizations, fraternities, and sororities. In these instances, both the group and responsible individuals may be adjudicated within the student conduct system.

Investigation/Fact Finding

Upon notification of an alleged sexual misconduct violation, the Deputy Title IX Coordinator (or designee) will initiate an Administrative Fact Finding process. A report of the investigation will be submitted to the Deputy Title IX Coordinator (or designee) for a Judicial Hearing. Included in the report will be a summary of the allegation, a list of the code of conduct violations, along with complainant, respondent and witness answers to questions posed during fact finding. When available, complainant and respondent statements regarding the facts of the incident may also be submitted for review.

Hearing Process / Appeal Process / Complainant's Bill of Rights / Respondent's Bill of Rights

Interim Suspension or Interim Removals

An interim process is imposed when there is reason to believe that a student represents an immediate and significant threat to other persons or property, to normal operations. This action is warranted when the serious nature or immediacy of the situation makes it impractical to follow normal disciplinary procedures. A decision to impose an interim suspension, interim removal from university housing, or an interim removal from a course is made by the Dean of Students with approval of the Vice President for Student Affairs.

Any of the following three interim processes may be implemented as appropriate and according to the listed criteria:

  1. An interim suspension is an action that requires a student to immediately leave University property prior to a formal hearing being held. The student shall not return to campus nor participate in any university programs (classes) or activities during the interim period without the expressed permission of the Dean of Students.
  2. An interim removal from University housing is an action that requires a student to immediately move from an on-campus facility to an off-campus location prior to a formal hearing being held. This action also prohibits the individual from entering any campus residence hall or apartment during the interim period, but does allow the student to attend classes.
  3. An interim removal from a University course is an action that removes a student from a particular course prior to a formal hearing being held. This action only applies to the course in question during the interim period and it allows the student to attend his or her other classes.

All interim suspensions or removal decisions require review by the University Board. The University Board will meet for fact-finding within five business days following the issuance of the interim suspension or removal, unless extenuating circumstances warrant an extension. If an extension occurs, the fact-finding meeting shall be held at the earliest possible date. The purpose of fact-finding shall be to review the reliability of the information and decision-making rationale that resulted in the interim suspension or removal. The fact-finding will also determine if the student’s continued presence represents a significant threat to other persons, property, or normal operations. The fact-finding meeting shall not be considered a formal disciplinary hearing. If in the Board’s opinion the interim suspension or removal was not warranted, the student shall be reinstated immediately. The reversal of an interim decision shall not be construed as finding a student “not in violation” of alleged violations of the conduct code. A formal hearing before the University Disciplinary Board shall occur regardless of the determination of the fact-finding. The hearing shall be scheduled with different members of the University Disciplinary Board to adjudicate the case and to determine if a respondent is “in violation” or “not in violation” of the charges. If it is established that a respondent is “in violation” the University Disciplinary Board shall select a sanction consistent with the violation(s). Because the Dean of Students made the decision to interim suspend or remove, he or she will not be considered an option for a judicial officer hearing.