web
people

Student Code of Conduct

Preamble

Kutztown University is centered upon a culture of learning, the pursuit of academic excellence and the holistic development of its students. As such, the Kutztown University Student Code of Conduct is established to uphold standards of the community in an effort to embrace and care for the living-learning environment of the university. In doing so, the Student Code of Conduct espouses the standards of the institution in an effort to cultivate an environment that maintains student accountability and supports an atmosphere conducive to learning.

Article I: Definitions

1. The term "university" means Kutztown University.

2. The term "student" includes all persons taking courses at Kutztown University either full-time or part-time, pursing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but have a continuing relationship with Kutztown University, or who have been notified of their acceptance for admission through payment of the Advanced Registration Deposit are considered "students". This Student Code of Conduct does apply at all locations of the University, including branch campuses and/or off site teaching or internship locations.

3. The term "university official" includes any person employed by the University, performing assigned administrative or professional duties.

4. The term "member of the university community" includes any person who is a student, faculty member, University official or any other person employed by the University. If in question, a person's status in a particular situation shall be determined by the Associate Vice Provost and Dean of Students.

5. The term "university premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University including adjacent streets and sidewalks.

6. The term "student organization" means any number of persons who have complied with the formal requirements for University recognition.

7. The term "hearing authority" means any person or persons selected to serve in accordance with University governance processes to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a non-academic violation has been committed.

8.The Associate Vice Provost & Dean of Students or his/her appointed designee is that person designated by the University President or his/her designee to be responsible for the administration of the Student Code of Conduct.

http://www.kutztown.edu

Article II: Student Code of Conduct Authority

1. Specific regulations concerning student conduct on campus and their administration shall be the responsibility of the Council of Trustees and the President of the University through the Division of Academic and Student Affairs and such members of the faculty and student body as appropriate.

2. The Associate Vice Provost and Dean of Students or his/her designee shall develop policies for the administration of the Student Code of Conduct and procedural rules for the conduct of hearings that are consistent with the provisions of the Student Code of Conduct and the Document on Student Rights and Welfare. The development of policies will be inclusive of representatives of all facets of the university community.

3. The process outlined in the Document on Student Rights & Welfare shall determine the composition of the conduct and appellate boards and determine which hearing authority shall be authorized to hear cases of alleged student misconduct.

4. Students are recognized as contributing members of the University community. All are recognized as having specific rights and responsibilities which are indicated in the Document of Student Rights and Welfare included in this handbook.

5. The Kutztown University e-mail system is recognized as an official communication medium for receiving related student conduct correspondence.

Article III: Jurisdiction

The Kutztown University Student Code of Conduct shall apply to conduct that occurs on University premises, at University related activities on or off campus, and to off campus conduct that represents a substantial University interest which adversely affects the University community and/or the pursuit of its objectives. Students shall be responsible for their conduct from the time of confirmation of acceptance for admission through the actual awarding of degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after their degree is awarded).

Off Campus Rights & Responsibilities

The Introduction to the Kutztown University Document on Student Rights and Welfare clearly states that reasonable guidelines are essential to facilitate the development of high standards of mutual respect and integrity within each and every student. Sensitivity to our environment as well as community involvement that extends beyond the physical campus boundaries are integral components to the appropriate development of responsible citizenship.

Kutztown University is genuinely committed to the student developing civic skills and public service experiences for living in a public world. To that end, Kutztown University will encourage the personal and intellectual development of students as they exercise rights of citizenship both on and off-campus in the local community. Kutztown University will make every effort to foster positive relations among students and permanent residents as well as provide experiential learning opportunities for students to become actively involved in off-campus civic, community, social service organizations and causes.

While the University has a primary duty to regulate behavior on its premises, there are circumstances whenÂ the off-campus behavior of students affects a substantial University interest and warrants disciplinary action. The University expects students to conduct themselves in accordance with the law. Student behavior off the premises of the campus that may have violated any local, state, or federal law is subject to review by the University and may result in student conduct charges being filed against a student by the Office of the Associate Dean of Students. When students are found responsible for behavior off-campus that both meet the definition of affecting a substantial university interest, and violates the Student Code of Conduct, sanctions will be applied.

When the University has been made aware of off campus misconduct, the Off-Campus Rights and Responsibilities article may be applied by the University simultaneous to any criminal action taken by civil authorities. However, the University may defer final action until all external processes have been completed or until such time when the on campus procedure may proceed without encumbrance.

At the same time, where there is a compelling reason (such as concern for the safety of other students), the Office of the Associate Vice Provost & Dean of Students may, after an initial review of the evidence, impose an Interim Suspension, requiring that the student leave the campus or a particular facility pending disciplinary proceedings and/or medical evaluation.

Student conduct committed off the campus which affects a substantial university interest is conduct which:

Constitutes a violation of local, state or federal law. Included are repeat violations of any local, state or federal law committed in the immediate or adjacent municipalities where the university is located.

Indicates that the student may present a clear and present danger or threat to the health or safety of him/herself or others.

Significantly infringes upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder.

Is detrimental to the educational interests of the University.

Any off-campus student behavior that affects a substantial University interest, as previously defined, violates the Student Code of Conduct and is subject to disciplinary action following standard University procedures.

In accordance with the Document on Student Rights and Welfare and university disciplinary procedures, students are entitled to contest any allegations and may request a hearing or review before the appropriate hearing authority. The appropriate hearing authority will review the referred incidents for off-campus misconduct in the same manner they do for violations that have occurred on university premises. The hearing authority may also consider whether or not the referred off-campus misconduct affects a substantial university interest and whether the behavior should be subject to disciplinary action.

Specific sanctions established for off-campus misconduct will vary as sanctions do for on-campus violations depending upon the individual nature of each situation including the student's prior conduct record. The sanctions for off-campus misconduct range from disciplinary reprimand to dismissal from the University.

The following categorization is a guide of misconduct behaviors and/or law violations in the categories of: minor, moderate and major. This listing does not take into consideration a student's prior disciplinary record. Therefore, those students with a history of prior misconduct may receive firmer sanctions than those listed below for any particular act of misconduct.

Major Student Misconduct Behaviors/Violations of Law:

Student Code of Conduct violations committed off the campus that typically would fall into the major category and yield a sanction range of suspension, including interim suspension to dismissal are: felonies to misdemeanors.

Moderate Student Misconduct Behaviors/Violations of Law:

Student Code of Conduct violations committed off the campus that typically would fall into the moderate category and yield a sanction range of disciplinary probation to dismissal are: misdemeanors to non-traffic violations of criminal statutes.

Minor Student Misconduct/Violations of Law:

Student Code of Conduct violations committed off the campus that typically would fall into the minor category and yield a sanction range of disciplinary reprimand to disciplinary probation are: non traffic summary offense of criminal statues to violations of local code and ordinances.

Article IV: Conduct Standards & Regulations

Violation of the Academic Honesty Policy

Violation of the Sexual Offenses Policy

Violation of the Hazing Policy and/or the Anti-Hazing Compliance Agreement

Violation of the University Acceptable Use and/or ResNet Acceptable Use Policies

5. Harm to Others: (Assault, Harassment, and/or Reckless Endangerment):

Physical abuse or harassment, verbal abuse or harassment, assault and/or battery, threats, intimidation, bullying, coercion, stalking, and/or other conduct which threatens or endangers the health and safety of any member of the University community including oneself; intentionally or recklessly endangering, threatening, or causing physical harm to any person including oneself; communicating to any person with the intent to cause alarm or threaten another person.

6. Property

a. Attempted or actual theft of and/or damage to property of the university or property of a member of the University community or other personal or public property, on campus; attempted or actual theft of University services.

b. Possession and/or receipt of stolen property.

c. Tampering, discharging or causing to be inoperable any fire fighting/life saving apparatus, alarm devices, fire safety devices, and emergency equipment for no legitimate purpose and/or initiating bomb threats or false alarms to any facility.

d. Failure to evacuate a facility or designated area in a timely manner or to comply with the directions of a University official during a fire drill or other health and safety emergency.

e. Setting or attempting to set a fire or creating/causing a fire on campus.

f. Trespassing in areas that are posted, off-limits and/or restricted including but not limited to water towers, the quarry area, electrical substations, cemetery, areas under construction or repair, areas cordoned off by University officials, roof tops, and buildings that are closed.

g. The willful obstruction of a passageway, entrance, exit, or any portion of a University building which restricts the freedom to utilize the facility for its stated and intended purpose.

h. Misappropriation of a University resource including the act or the attempt to remove a University resource designated for general student or University usage or consumption from a designated area.

i. Actions that cause disruption to University networks and/or telecommunications systems, equipment and/or resources.

j. Use of University resources, facilities or services to commit a violation of University policy or the law.

7. Expectations of Cooperation:

Failure to comply with directions of University officials or law enforcement officers acting in the reasonable performance of their duties and/or failure to identify oneself to these persons when requested to do so.

8. Unauthorized Access:

Unauthorized possession, duplication or use of keys, key access cards, access systems or codes to any premises or unauthorized entry to or use of University premises.

9. Other University Policies:

Violation of any University policy, rule, or regulation published in hard copy or electronically available on the University web site.

Alcohol

a. Use, possession, manufacturing, or distribution of alcoholic beverages, alcoholic mist-type products or other similar products on University premises or at official University events/functions on or off campus.

b. Constructive possession of alcoholic beverages or products whereby possession is defined as the presence of alcoholic beverages or products in an area under one's control such as a residence hall room in which the student is assigned or a vehicle.

c. Public intoxication on University premises or at official University student activities/functions on or off campus.

d. Underage use of alcohol.

e. Excessive use of alcohol resulting in a state of intoxication that endangers oneself or other members of the community. Excessive use includes (but is not limited to) use resulting in a need for medical attention, inability to function without assistance, unconsciousness, inability to recall events, incoherent or disoriented behavior, loss of control of bodily functions, and /or having a blood alcohol level of .16 or above.

f.Selling alcoholic beverage or products without a license or furnishing alcohol to a minor on or off campus.

Drugs

b. Constructive possession of marijuana, heroin, narcotics or other controlled substances whereby possession is defined as the presence of contraband in an area under one's control such as a residence hall room in which the student is assigned or a vehicle.

c. Being under the influence of illegal drugs or other controlled substances on University premises or at official University student activities/functions on or off campus.

d. Selling, delivering, transporting or furnishing any illegal drugs or controlled substances.

e. Hosting or organizing a party (see Article IV.10.e) where marijuana, heroin, narcotics or other controlled substances are present. Violators of this specific provision standard will be subject to loss of University housing privileges and given notice to terminate their occupancy in the residence halls.

f. Possession of drug paraphernalia including but not limited to pipes, bongs, grinders and other devices.

g. Driving under the influence.

h. Use of legal substances in a fashion designed to alter one"s mental or physical state (e.g. inhalants).

Weapons:

Possession or use of firearms, explosives, other weapons, or dangerous chemicals on university premises is prohibited. Unauthorized items include but are not limited to: firearms of any kind including pellet and BB devices, air powered projectile devices, ammunition, knives with blades longer than four (4) inches, switchblades of any kind, chemicals, fireworks, any item which has been modified or adapted so that it can be used as a weapon, any item which has been used as a weapon, or any other dangerous weapons.

Disorderly Conduct:

Conduct that is disorderly, disruptive, and/or serves no legitimate purpose; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the academic community. Disorderly Conduct is further defined as disruption or obstruction of teaching, research, administration, disciplinary proceedings, pedestrian or vehicular traffic, other University activities or of other authorized non-university activities when the conduct occurs on University premises. Disorderly conduct includes but is not limited to: any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury, distress, or breach a reasonable expectation for privacy. This includes, but is not limited to, surreptitiously taking pictures or videos of another person in a gym, locker room or rest room.

Bias/Intimidation:

Any violation of law, University conduct standard, or policy based on the actual or perceived age, ancestry, color, religion, disability, gender, national origin, race or sexual orientation of an individual or group of individuals.

Abuse of the Student Conduct Process:

a. Failure to obey the notice from a hearing authority or University official to appear for a meeting or hearing as part of the student conduct process.

b. Falsification, distortion, or misrepresentation of information before an appropriate hearing authority, at a preliminary briefing, or other student conduct process meeting/hearing.

c. Disruption or interference with the orderly conduct of a hearing, preliminary briefing, or other student conduct process meeting/hearing.

d. Falsifying a student conduct incident report.

e. Attempting to discourage an individual's proper participation in, or use of, the student conduct system.

f. Attempting to influence the impartiality of a member of a hearing board prior to, and/or during the course of, the hearing proceeding.

g. Attempting to influence the impartiality of a member of a hearing board prior to, and/or during the course of, the hearing proceeding.

h. Failure to comply with the sanction(s) imposed as a result of a Student Code of Conduct violation.

i. Falsifying data, plagiarism, receiving unauthorized assistance, and/or the misrepresentation of service in attempt to fulfill the requirements of an assigned student conduct sanction; completing part or all of an assigned sanction for another student.

Persistent Infractions:

Persistent infractions of University policies and/or regulations including but not limited to repeated violations of the same conduct standard and/or University policy.

Complicity:

Conspiring with or knowingly aid or encourage another student in the commission of a Student Code of Conduct violation.

Responsibility for Actions of Guests:

Students are responsible for the behavior of their guests at all times and in all places. The student host is responsible to make guests aware of rules and regulations of the residence halls and the campus in general.

Falsification/Forgery:

Willfully falsifying, omitting or forging University or Commonwealth forms, documents, applications, identification, parking permits, meal cards, and/or the attempt to misrepresent himself/herself as another person or University official.

Student Identification:

Students are required to obtain and possess their official Kutztown University Student Identification Card (ID). Students are required to: submit their ID card to university officials in the reasonable performance of their duties for the purposes of identification; promptly report the loss of their ID card to the One Card Office; not transfer their ID card to any other person for any purpose whatsoever.

Violation of Law:

Violation of any local, state or federal law. Students participating in the Accelerated Rehabilitative Disposition (ARD) program or any similar alternative disposition programs applied by the courts are still considered to be in violation of this standard and accountable for a conduct violation. Criminal or civil decision is not a necessary prerequisite for a disciplinary decision nor is it necessary that criminal or civil charges be lodged against the student either before or after a University decision. Therefore, action taken in a civil or criminal court does not free the student of responsibility for the same conduct in a University proceeding.

Article V: Supporting Policy and Policy Statements

Document of Students Rights & Welfare

Specific process procedures, protocols and definitions regarding due process, a range of disciplinary sanctions, interim suspensions, the appeal process, and overall judicial system including the composition and jurisdiction of hearing boards are outlined and defined in the Article IV of the Document on Student Rights & Welfare in the student handbook.

Parental Notification Statement

The Associate Dean of Students or his/her designee will inform parents or legal guardians of students under the age of 21 found responsible for violations of conduct standards on substance use and/or abuse following a second infraction and finding of responsibility. At the time of a first incident, students will be strongly advised to consult parents or guardians regarding their behavior and to seek advice on any criminal or disciplinary processes which may transpire as well as any intervention strategies related to use or abuse of substances.

Statement on Copyright Infringement Policies & Sanctions:

Consistent with the University’s acceptable use policies, the illegal distribution of copyright material including unauthorized peer-to-peer file sharing on University owned, operated or maintained networks may subject students to civil and criminal penalities under federal law. A link to the specific legal penalties as defined by law may be found at Kutztown University’s Student Consumer Information portal at the following website: http://www.kutztown.edu/studentconsumer.

Students who violate university policy with respect to copyright infringement and illegal downloading will be held accountable through the university student conduct process. Minor first time offenses subject students to a disciplinary reprimand and required participation in an educational program about copyright infringement and illegal downloading. If an infraction occurs on the residence hall network a student will be required to bring their computer or computing device to the ResNet Office for inspection and cleaning prior to having their network access restored. Repeat offenders (second time) may have their network privileges temporarily or permanently revoked; prolific or chronic offenders may face removal from the residence halls, suspension from the institution and/or permanent loss of computer privileges. As noted above, a student may face criminal or civil action in addition to any administrative response from the university.

Availability of Rules & Regulations

This document includes rules and regulations which apply to all students as defined in Article I.2. Those which apply to small, specific groups of students (e.g. residence students, non-resident students) may be available in documents published for those specific populations.

Interpretation and Revision of Regulations

Any question of interpretation or application of the Student Code of Conduct shall be referred to the Associate Vice Provost and Dean of Students or his/her designee for a final determination.

The Student Code of Conduct will be reviewed on a periodic basis under the direction of the Associate Vice Provost and Dean of Students or his/her designee.

Confiscation Statement

All prohibited items or personal items used to transport or store prohibited items are subject to confiscation by University officials. Prohibited items, particularly those of an illegal nature will not be returned and will be destroyed. Personal items used in the commission of a Student Code of Conduct violation or University policy become the property of Kutztown University. These items may be returned at the University's discretion.

Calculation of Time

Periods of probation, separation, or other restrictions are computed to exclude the first and include the last day of such periods of time.

©2009 Kutztown University of Pennsylvania. PO Box 730, Kutztown, PA 19530. (610) 683-4000.
Member of Pennsylvania's State System of Higher Education

the key

student handbook