The Pennsylvania State University has a clear standard of conduct to protect the
rights of members of the University community. These standards are expressed in
the Code of Conduct and Judicial Affairs Procedures document contained in the
current edition of Policies and Rules which may be obtained at the Office of
Judicial Affairs. The Office of Judicial Affairs is responsible for conducting
University judicial proceedings for students when it is alleged that a member of
the University has been victimized as a result of a violation of the Code of
Conduct or violation has occurred.
The Code of Conduct does not replace or relieve any requirement of civil or
criminal law. This means that victims may bring complaints to Judicial Affairs
and also file criminal or civil complaint. Victims are encouraged to report
violations of law to proper authorities on or off campus.
The Judicial Affairs Office at The Pennsylvania State University is committed to
the safety and well being of all its community members. We strive to create an
environment that is free of acts of violence, harassment, and infringement of
rights of privacy and property. Judicial Affairs is one of many service offices
in the University community that assists students, whether an accused student or
victim of an incident. As a staff, we will support students by assisting them in
identifying resources which, based on personal needs, will further support them
throughout the disciplinary process.
A victim does not have to be a member of the
University community. Guests or visitors may also be victims. When an incident
occurs off-campus, even if the victim is not a member of the University
community, the victim may have the right to file a complaint with Judicial
Affairs. This is possible when the behavior is considered to have a substantial
University interest of the University community. In other words, the student is
likely to endanger others, repeat the behavior, or interfere with the
educational process and operation of the University.
Most Code of Conduct violations involve a potential victim so the following list
does not cover all possibilities. The most common offenses against others are:
1. Endangering Others
2. Harassment
3. Stalking
4. Threats
5. Physical abuse
6. Sexual abuse and/or assault
7. Theft or damage of property
8. Other offenses that violate rights to privacy or that could lead to
violence.
1. To have a Victim/Witness Advocate from on or off campus to
assist throughout the discipline process. The Advocate may assist in the
following ways:
• Provide emotional support
• Arrange for other services as needed, such as counseling, medical
treatment, etc.
• Be with you at the hearing and, if needed, raise objections and advise you
on questions.
• Assist in preparing a victim impact statement.
2. To have an Administrative Directive sent immediately to the
accused that forbids him/her from contacting you by any method including through
friends or acquaintances. If this is violated, the accused may be immediately
separated (interim expulsion).
3. If the accused is a roommate or lives close to you in the residence halls and
threat is a consideration, arrangements can be made to find a new room for you
or, in some cases, the accused may be asked to be moved and prohibited from
visiting a particular hall or campus area.
4. To hear the outcome of the discipline process.
A. To have unrelated past behavior excluded from the hearing.
B. The choice to participate either for the entire hearing or only for her/his
testimony.
C. The opportunity to testify with special accommodations: i.e. over the
phone, behind a screen, video teleconference at other location of her/his
choice, etc.
D. To have an advocate from on or off-campus.
E. To have no direct contact with the accused student: i.e. questions from the
accused student would be posed through a third party (i.e. the chairperson)
and then relayed to the victim.
F. The option to provide questions to the Presenter prior to or during the
hearing that she/he may incorporate into questioning the accused student.
G. The right to provide a victim impact statement that will be reviewed only
by the board in the event that the charged student is found responsible. The
impact statement may be considered before the board determines a sanction.
H. The opportunity to request a recess during the hearing if she/he needs a
break or wishes to consult with an advocate or the chairperson.
I. Assuming she/he will be participating in the hearing, the option to appeal
the Hearing Board’s decision (see victim appeals in the manual).
Students who are accused of a violation have rights. It is not
assumed that a verbal or written report is accurate or an exact account of
behavior. Because of this, the staff in Judicial Affairs will meet with each
student who has been accused of a violation of a Code of Conduct. During this
meeting, the student and staff member will discuss the alleged violation. A
large part of the discipline process involves fact finding and the opportunity
for students to respond to allegations of misconduct. Judicial Affairs will
provide an opportunity for this to happen in a respectful, equitable and
expeditious manner.
All students accused of inappropriate behavior or Code of
Conduct violations have the right to:
- Discuss the incident with Judicial Affairs staff member or
designee.
- Be informed in writing of all charges at least five (5)
business days before any hearing.
- Waive the five (5) day notice and proceed with a hearing
after receiving charges.
- Not testify or answer questions.
- Be assisted by an advisor as arranged by the student
(administrative, faculty or student member of the University community.)
- Question witnesses who appear in person or by telephone at
any hearing.
- Present witnesses of fact.
- Review available evidence and documentation prior to a
hearing.
- A closed hearing and the right to request a hearing open to
members of the University community.
- Not appear at a hearing unless directed to do so; however,
the hearing will proceed without prejudice.
- Appeal the hearing decision if it involves a separation.
- Have the hearing audio-taped (unless a co-accused refuses)
or to refuse an audiotape of the hearing.
- A written report and summary of the hearing including
findings and sanctions.
For information and assistance, please contact:
The Office of Judicial Affairs
103 Slep Student Center
Penn State Altoona
3000 Ivyside Park
Altoona, PA 16601-3760
