Document on Student Rights & Welfare

 

Introduction

The academic community at Kutztown University of Pennsylvania, its faculty, students, and administration, must commonly work to secure that environment in which the acquisition of knowledge and wisdom is best fostered within the context of the University's unique objectives and programs. The University should attempt to provide each student with a maximum freedom for self-development. Similarly, each student is obligated to conduct his/her affairs in a responsible manner without infringement upon the rights of other members of the University community when word and deed do not impair the capacity of the University in its educational role.

Channels for constructive recommendations by students regarding academic instruction, course offerings, student-administration relations, co-curricular activities, and other matters will be established and maintained. Students will also be expected to participate, according to rules set forth in this Document, in the guidance and disciplining of their constituency.

The University as a community will strive to follow the spirit of statutory and judicial changes that affect student rights. It will also, through the Commonwealth of Pennsylvania, provide for the student body those privileges, opportunities, and protections which enhance learning processes. Students here, as elsewhere, have the right to learn and the responsibility to respect the rights of others.

To facilitate the development of high standards of mutual respect, integrity, and optimal conditions of wholesome student development, reasonable minimal guidelines are essential. They are set forth in this Document. These guidelines are established with the understanding that the Commonwealth of Pennsylvania, the Council of Trustees, and the President of the University have the responsibility for the organization and conduct of all the activities of the institution.

 

Article 1: Freedom of Association, Expression, and Inquiry

A. Students should be free to organize and join associations to promote their common interest. Affiliation of a University group with an organization outside the campus does not of itself disqualify a student organization from institutional recognition. In order for an organization to be recognized and approved it must meet criteria that are established by the Student Government Board and the Student Affairs Committee. Each approved organization shall be free to choose its own faculty advisor. Institutional recognition should not be withdrawn during the time the student organization is seeking an advisor. The time allotted for this should not exceed one academic semester. All organizations should be open to all students without respect to race, creed, or national origin.

B. Students and organizations should be free to examine and discuss all questions of interest to them and to express opinions publicly and privately. They should be free to support causes in an orderly manner that does not disrupt the operations of the University or violate the rights of others. An opinion of a student or student group is not necessarily that of the University. The University encourages the airing of all facets of issues and topics.

C. Organizations should be allowed to invite and to hear any person of their choosing providing the program is in accordance with State and Federal Law. The standard procedure for guest speakers as prescribed by the Association of Campus Events and the Student Affairs Committee must be followed. The University shall not use its control over facilities as a device of censorship except as prohibited by established University regulations.

D. Students shall have an opportunity to participate in the formulation and application of University policy through the Student Government Association. The authority for the establishing of University policy and for the governance of the University is the responsibility of the President and the Council of Trustees.

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Article 2: The Academic Rights & Responsibilities of Students

The relationship between Kutztown University students and their instructors should be established on mutual respect and understanding. Both the student and instructor should attempt to resolve differences in informal and direct discussion.

A. The student shall have the right to orderly expression in the classroom without penalty.

B. The student has a right to a course grade based on the instructor's judgment of demonstrated performance in the course. A student's appeal may be based on the belief that the grade was not fairly determined.

C. Students have a right to protection against unprofessional disclosure by an instructor concerning their grades, beliefs, political association, health, or character.

D. Course and program selection is the responsibility of the student. He or she has a right to accurate and clearly stated information:

1. on calendar dates for achieving specific academic standing;

2. on his/her own academic standing in the University; and

3. on graduation requirements for his/her particular curriculum and major.

E. Any student who, after consultation with the faculty members and/or department heads concerned, feels that his/her academic rights (as outlined in this article) have been violated, may file a complaint with the Ombudsperson. An appeal may be made to the Dean of the respective College, the Vice President for Academic Affairs, and, if necessary, to the University President.

F. The faculty shall have final authority and responsibility for course content, classroom procedure and grade determination. No power to change any grade given to a student is vested in any judicial body established under this document.

 

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Article 3: Privacy Act & Student Records

Kutztown University collects and retains information about students for designated periods of time in order to facilitate the students' educational development. The University, recognizing each student's interest in exercising control over disclosure of such information, must at the same time balance that interest against the institution's own need for information relevant to the fulfillment of its educational mission. Accordingly, Kutztown University has approved a policy on The Confidentiality of Student Records which outlines all procedures that apply to the collection, maintenance, and release of student records. Copies of the policy are on file and may be obtained at the Rohrbach Library and at the offices of the Registrar, Associate Vice Provost and Dean of Students.

It is the intent of the policy to comply with the Pennsylvania Right-to-Know Act of 1957, which accords each citizen the right to inspect every public record of a state agency, and the federal Family Educational Rights and Privacy Act of 1974, which grants students the right to confidentiality of records as well as the right to review their educational records and challenge the contents of these records.

One aspect of the federal act which the University especially wishes to make known to students is that basic directory information may be disclosed without prior consent of the student. Kutztown University defines directory information as: local and home address, local and home telephone number, date and place of birth, enrollment status, major field of study, Kutztown University e-mail address, semesters of attendance, degrees awarded or conferred, student activities and athletic team membership, and height and/or weight information related to team membership. Any student may request that such information not be released through "My KU" or by submitting a written request to the Office of the Registrar during the registration process each semester. The names, addresses, and other related information of those arrested or charged with campus crimes will be considered public information as maintained by the University police and will be available for public review without the individual's written permission in accordance with the amended College and University Security Act. A copy of this Act can be obtained from the Office of the Associate Vice Provost and Dean of Students.

A student who wishes to allege failure by the University to comply with the Family Educational Rights and Privacy Act may file a complaint in writing with the Family Educational Rights and Privacy Act Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202, concerning any alleged violations of this Act.

In the interest of protecting students from the unauthorized use of records and examination of them, the following stipulations are made:

A. Permanent academic records shall be kept in the Registrar's or the Graduate Office safes or files where they shall be made available only upon the request to the proper officer by:

1. another administrative officer,

2. the student himself/herself,

3. a federal, state, or local officer who presents a subpoena,

4. the academic advisor of the student or other authorized person,

5. any faculty member from whom a recommendation has been requested,

6. any other person with written permission from the student,

7. any parent or guardian if their most recent Federal Tax return lists the student as a dependent, and if the tax return is on file in the Financial Aid Office.

B. No record shall be kept of a student's religious or political affiliations except as required by the Pennsylvania Human Relations Commission and the United States Department of Health, Education, and Welfare.

C. No photograph of a student may be used by the University in determining admission, assigning housing, or in placement negotiations unless requested by the student.

D. No disciplinary action, membership in organizations, or health record shall appear on a student's permanent academic record.

E. Student Teaching Records. Student teaching evaluations and related student files are maintained by the appropriate academic department within the College of Education. Student may inspect or receive a copy of the record by contacting the Department Chairperson.

F. Non-Academic Records. Student Life records are kept by the Associate Dean of Students include indications of disciplinary actions. The records:

1. are held confidential,

2. are available for examination by the student upon request,

3. are to be destroyed two years after a student terminates enrollment at the University (records of suspended or expelled students are destroyed after six years),

4. are not to be used in an academic transcript or in placement records,

5. are not to be disclosed to outside parties except by subpoena or by permission of the student, unless provided for elsewhere in this document.

 

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Article 4: Due Process

A. Introduction

Educational institutions through the regulation of the use of their facilities and the setting of standards of conduct and scholarship of students have an inherent responsibility in carrying out the educational purposes of their charter. The principles of counseling, example, and due process will be followed. Proper safeguards will be provided to protect individual or group rights of students from the imposition of unjust penalties.

Any student or student group charged with violating a University regulation shall have the right to be heard by the appropriate hearing authority. All such bodies shall follow the basic procedures of due process indicated in this document.

B. Rights

1. University students have the same constitutional freedom of speech, peaceful assembly, and right of petition as other citizens enjoy and are subject to the same civil laws and due process as other citizens.

2. A university campus is not, and cannot be, a sanctuary. Its members are governed by federal, state and local statutes. Illegal activity by students, whether on or off campus, subjects the individual to prosecution by civil authorities. In cases where students may be charged with the violation of civil law, university officials may be prepared to advise students of sources of legal counsel and may offer other assistance to students in defending their rights. The principle of Dual Jurisdiction may apply in some disciplinary matters where a student is charged (1) by law enforcement agencies of violating a civil or criminal law, and (2) by University officials for violation of a University regulation on-campus or off-campus when behavior poses a threat to the health, safety, or well-being of the university or its members.

3. Any student charged with, convicted of, or subpoenaed to any civil or criminal violation which requires his/her presence off-campus will have the right to make up his/her work if it can be done within the normal time period for resolving incomplete grades.

C. Ethical standards of student conduct boards.

As a part of the larger community, Kutztown University acknowledges the laws of the land and expects its members to adhere to them. While affording aid to its members in difficulties with the law, the University provides no immunity from the consequences of illegal acts. As an academic community the University has a special interest in the prevention of certain conducts which are detrimental to its efforts to facilitate responsible inquiry and educational growth. All conduct regulations are listed in the student handbook, The Key. Hearing authorities, conduct boards and their members exist to serve the university community. To function effectively they are responsible for adhering to certain standards.

1. All matters coming before an appropriate hearing authority are to be treated in a confidential manner. It is the right of every student to have information concerning disciplinary matters confined to those directly involved. Members of the various boards or panels are obliged to refrain from discussing cases with any one other than fellow members. The confidential nature of the hearings pertains not only to the testimony presented but also to discussions held and verdicts rendered. In no instance is it proper 
to divulge information obtained in a hearing.

2. The members of the various boards are elected or appointed by their constituencies to insure that the welfare of the students and the academic community are preserved. The members of boards are charged, specifically, with determining if violations of college regulations have occurred through examination of presented evidence. Implicit in this charge is an acceptance of existing rules which are established to protect the total community.

3. At no time should a board member be involved in the decision-making process when he/she has a vested interest in the outcome of the case. Any prior knowledge about the case or personal involvement with the accuser, witnesses, or accused that would give cause for the board member to be biased or prejudiced in the decision-making process is sufficient justification for removing oneself from the deliberations.

4. It is the responsibility of the hearing authority and every board member to possess as many relevant facts as possible to reach a fair 
and just decision.

5. Hearing authorities and board members should never make accusations or statements regarding their personal beliefs, positions or opinions during the hearing. Questioning should be conducted to produce information and should not be undertaken to badger an individual. Questioning should take place without prying into personal matters and without showing hostility.

6. An inherent part of the student conduct procedure is the effort to understand both the students and the situations in which they become involved. Every hearing must be executed in a proper environment and decorum.

7. Decisions are made by the board as a whole. All decisions are reached by simple majority vote and must be upheld by all members of the board.

D. Entry and Search of Residence Areas

1. Kutztown University respects the privacy of all students. Under certain circumstances, the University's obligation to maintain an appropriate educational environment would permit entry and at times search of residence hall areas.

2. The University reserves the right to inspect routinely University-owned housing for fire, health, and sanitation purposes. Such inspections will be carried out through the Department of Housing, Residential Services and Dining. Such inspections must be announced at least 24 hours in advance.

3. Immediate entry by University officials is permissible when violation of University regulation or conduct standard has been observed.

4. Entry by University officials using a Right of Entry form, so authorized by the Associate Vice Provost and Dean of Students, when there is reasonable cause to believe that violation of a University regulation exists, is permissible when the following procedures are followed.

5. University officials are authorized to make visual observations only.

6. Searches of rooms and portable personal effects shall be conducted only through application of a legal warrant as designated by the laws of the Commonwealth of Pennsylvania.

7. In cases of emergency where there is danger of life and/or property immediate entry without a statement of entry is permissible and regarded as a legitimate admission.

8. Evidence of a violation of a University regulation observed during a legitimate admission by University officials shall be admissible evidence in University judicial proceedings.

E. Procedural Due Process.

The following procedures shall be established in order to insure due process in those matters in which a student pleads not responsible or in matters of a serious nature in which the sanction could be separation from housing or enrollment.

1. Charges may be made against an individual(s) by a University official for a violation of a University conduct standard or regulation. In addition, members of the University community may file charges when their rights have been violated or they are victims of another student violating a university conduct standard. Such charges shall be filed in the Office of the Associate Dean of Students or a designated representative and shall contain the following:

a. a specific reference to the University regulation which was allegedly violated,

b. a reasonably detailed description of precise acts or omissions, (dates, times, places, victims, and co-actors, if any, shall be specified); and

c. an identification of the person bringing charges and all witnesses who are expected to give testimony, the substance of that testimony, and a description of other types of evidence which may be used.

2. Unless an Interim Suspension is imposed a student shall continue matriculation until his/her case is heard through university procedure.

3. A Decree of Interim Suspension may only be issued when, in the judgment of the University President or his/her designee, a student's continuing presence on campus presents a clear and present danger to himself/herself and/or to other persons and/or property. A review by the Student-Faculty Judiciary must be held within four (4) University business days to determine whether the student's continued presence on campus does constitute a danger. If the Student-Faculty Judiciary upholds the Decree of Interim Suspension, the student must remain under suspension until the case on the original charge is heard, which will commence within ten (10) business days of issuance unless extenuating circumstances exist to warrant an extension of the interim suspension. The student will have the right to complete any missed academic work if the decree is rescinded or the student is found not-responsible.

4. A Decree of Interim Suspension from a University facility may only be issued when, in the judgment of the University President or his/her designee, a student's continued presence in a campus facility presents a danger or harmful effects to him/herself and/or to other persons and/or property. A hearing must commence within ten (10) business days to adjudicate the charges unless extenuating circumstances exist to warrant an extension. During this period of time the Interim Suspension will remain in effect.

5. The Office of the Associate Dean of Students, will send the individual violator notice that he/she is being charged with a violation of university regulations and that he/she is to make an appointment for a preliminary briefing with the appropriate hearing officer within the time frame (usually one week) as outlined in the notice of charges.

6. A student may waive his/her right to participate in a hearing through a written statement.

7. Failure to appear or schedule a preliminary briefing within the specified time-frame as informed in the notice of charges will result in the scheduling of an administrative review of the violations by the assigned hearing authority. Students will be notified of the date and time of the administrative review and their attendance requested.

8. At the preliminary briefing the accused student:

a. is informed of the charges against him/her(self).

b. is advised of the witnesses and their testimony which may be presented at a hearing.

c. is advised of his/her right to counsel by a member of the university community (a faculty member, administrator, staff, other student) or an attorney. This person may be present at the preliminary briefing and all other student conduct proceedings.

d. is presented with the range of probable sanctions which may be imposed.

e. is advised of his/her right to appeal and informed of the procedure.

f. upon being advised of the above, is required to respond to the charges by choosing one (1) of the following responses:

1. Admit to the charges and have the hearing officer determine sanction.

2. Deny the charges and request a hearing before the appropriate hearing authority.

3. Waive their right to participate in the hearing process as defined in Article 4.E.6

9. In instances where violations are reported or take place over break periods or at the end of an academic period where the
coordination of a hearing board is not logistically feasible, students will then have a hearing with an assigned administrative hearing authority

10. Notice of the time and place of the hearing before the appropriate hearing authority will be given to the accused, accuser and witnesses at least three (3) business days prior to the hearing.

11. In those cases where counsel is provided by an attorney, the hearing will be scheduled no earlier than five (5) University business days following the preliminary briefing unless an earlier date is requested by the accused and approved by the Associate Dean of Students or his designee.

F. Role of Counsel in Judicial Process

1. Every student bringing charges or student charged with violating University regulations has a right to counsel by:

a. A member of the University community which may be a student, staff member or faculty member.

b. A private attorney whose expenses will be borne by the student.

2. Any student having counsel is obliged to notify the Office of the Associate Dean of Students at the Preliminary Briefing of the name, address and telephone number of counsel.

3. All information, including the description of charges, names of witnesses, substance of testimony and other types of evidence which may be used, will be supplied to the student at the time of the preliminary briefing. Counsel will have access to this information through the student client.

4. During the Preliminary Briefing, counsel may interact with the hearing officer on behalf of his/her student client.

5. Once the hearing has begun, the obligation to present the student case (accuser or accused) rests solely with the student. Counsels for either party will have no interactive role with the hearing officer or hearing board. Counsel will be granted adequate opportunities during the hearing to privately advise and confer with his/her student client. The student may petition the hearing officer or hearing board for an exception when corresponding criminal charges are pending.

6. If the counsel is not a student, the student client will be considered as host while counsel is on campus. Any disruptive or disorderly behavior on the part of the counsel may result in charges being filed against the student client under the following conduct standards: Abuse of the Student Conduct Process and/or Responsibility for Actions of Guests.

 

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G. Hearing Process

Any student accused of violating a University regulation shall have the right to due process and to have his/her case considered.

1. No board may convene with less than a majority of its members present.

2. All hearings shall be conducted as closed proceedings to the general public and university community.

3. In the event that the accused, without just cause or prior arrangement, does not attend the scheduled hearing or, if he/she withdraws from the university before the scheduled hearing, the case should, nevertheless, be heard.

4. The accuser is required to present his/her case first. The burden of proof in all cases is on the individual or entity bringing the charges.

5. The accuser and accused shall have the right to call witnesses, question all witnesses and inspect written statements which relate to the charges.

6. All boards and hearing officers are empowered to issue student conduct orders to implement their decisions regarding the request of information, the appearance of witnesses, the implementation of the sanctions which they impose, and other matters necessary to their functioning. All members of the University community should comply with student conduct orders.

7. Failure to appear as a witness is a violation of the Student Code of Conduct.

8. Neither accused students nor witnesses shall be compelled to testify against themselves. Deliberate falsification of testimony shall be considered cause for disciplinary action.

9. Disorderly conduct by participants may result in disciplinary action.

10. The designated hearing authority shall have the power to rule on the admissibility of evidence.

11. A report of the decision will be made in writing within five (5) working days by the chair of the appropriate hearing authority to the accused student. A copy will be sent to the appropriate University official with a record of the hearing. In all cases the hearing shall be recorded. The accused may request a recording if he/she wishes to have a copy.

12. In the event the accused is found responsible for a violation, the hearing authority will then consider a sanction following the hearing. Student conduct history and testimony from individuals may be included in the consideration.

13. Kutztown University may withhold transcripts, grades, diploma or other official records pending the disposition of cases if deemed reasonably necessary by the Associate Dean of Students.

H. Sanctions

1. The appropriate hearing officer or hearing authority, upon determining an individual has, in fact, been found to be responsible for violating a University standard, shall impose one or more of the following sanctions:

a. Disciplinary Reprimand: A formal letter issued when a student's conduct is deemed to be unsatisfactory to the degree that the University makes a record of the incident and warns the student against repetition of similar behavior.

b. Review Probation: A period of time not to exceed one University semester and imposed with the expectation that the student will engage in a client relationship with a counselor or staff member and may include a service related to the infraction committed.

c. Social Restriction: Suspension of attendance at co-curricular events for a specified period of time. The action may restrict access or visitation privileges to campus facilities. The specified period of time is not to exceed sixty (60) calendar days.

d. Restitution: Reimbursement and compensation in a manner including physical restoration under supervision to be decided by the appropriate hearing authority or board for injury to person and/or property. Restitution may be applied only once if civil or criminal action is also being applied. In these cases, district magistrate judgments shall take precedence. Restitution imposed by a campus judicial body will be held in abeyance until civil and criminal charges can be finalized.

e. Disciplinary Probation: A more severe type of probation which declares a student to not be in good standing with the University and to be subject to loss of certain participation privileges for specified period of time not to exceed one year. A student is denied the privilege to represent the University in any organized capacity including intercollegiate varsity, non-varsity or club events or to hold office in any student organization. Such probation indicates to the student that future violations of University regulations will most likely result in suspension or dismissal from the University.

f. Residence Hall Suspension: A student may be excluded from campus housing for a specified period of time if held responsible through judicial process for a major violation of the Code of Conduct, for repeated infractions or a serious breach of residence hall regulations.

g. Suspension from University: A hearing authority may recommend to the Associate Vice Provost and Dean of Students the exclusion of a duly registered student from the University for a specific period of time not to exceed two years. During the period of suspension the person is not permitted to be on campus or attend non-public University activities or programs. A suspended student seeking to return must apply for re-admission to the University.

h. Dismissal: A hearing authority may recommend to the Associate Vice Provost and Dean of Students the complete separation of the student from the University for a term of not less than three years. During that period the person is not permitted to be on campus or attend any non-public-University activities or program. A dismissed student may apply for readmission to the University after three years. The individual must show just cause to be considered.

i. Educational Activities: The required participation in a specified activity, service project, community service, educational program, event, assignment or other educational and/or restorative assignment.

2. Application and Maintenance

a. All sanctions imposed upon a student will be kept on file in the Office of the Associate Dean of Students as an indication of one's conduct and to determine future sanctions, if necessary. These files may not be examined before responsibility has been determined in future proceedings.

b. Penalties may include any combination of the above with the following exception: Suspension or dismissal from the University may only be combined with restitution, if applicable, residence hall suspension and/or mandatory activity.

3. Jurisdiction for the Issuance of Sanctions

a. All hearing authorities may impose all sanctions, including recommendation for dismissal from the University.

I. Appeals

1. Filing an Appeal

a. All students and groups, after having their case heard and decided by the appropriate board or university official, may appeal the decision to the Student-Faculty Judiciary. Within five (5) University calendar days, after being officially informed in writing of the decision, a written appeal from the person bringing charges or the accused shall be submitted to the chairperson of the Student-Faculty Judiciary via the Office of the Dean of Students.

b. The submitted appeal must contain specific citation that shows the basis for the appeal consistent with 4.I.3.

c. Substantial credible evidence citing the specific error claimed in the initial hearing must be presented.

2. Appeal Process

a. The chairperson of the Student-Faculty Judiciary, Dean of Students and a student member of the Student-Faculty Judiciary will review to determine the merits of the stated basis for appeal.

b. If the stated reasons are insufficient to warrant further review, the appeal will not be accepted.

c. If the appeal is accepted for further review, the entire Student-Faculty Judiciary, the accuser and accused will be summoned to appear.

d. At that time the cited basis for the appeal will only be reviewed, and further testimony may be heard only on that stated basis from the accused and/or accuser.

e. The board will then reach a decision and inform the appellant of that decision.

3. Basis For Appeal

a. When evidence is presented to clearly show the previous hearing was not conducted in such a manner as to provide the student(s) with procedural due process as outlined in the Rights and Welfare document.

b. When new evidence would have significant bearing on reversal of the decision and/or reduction or increase of the severity of the penalty.

c. When there is a strong indication that the evidence presented at the original hearing was not sufficiently substantial to justify the decision reached or penalty imposed.

4. Decisions of Appeal: After hearing and reviewing all evidence presented in the appeal, the reviewing authority shall decide to do one of the following and inform the appellant, in writing, within five (5) University calendar days:

a. Uphold the previous decision.

b. If the appellant is the accused, overrule the previous decision and dismiss the case.

c. If the appellant is the accuser, overrule the previous decision and send the case back to the board or hearing officer of original jurisdiction for rehearing/sanctioning on stated basis only.

d. If the appellant is the accused, overrule the previous decision and send the case back to the board or hearing officer of original jurisdiction for rehearing/sanctioning on stated basis only.

e. Rehear the case.

5. All decisions of the Student-Faculty Judiciary are final. The original appellant may seek a review, in writing, by the University President or his/her designee, within 48 hours of receipt of official notification. This request for review must contain relevant specific evidence consistent with 4.I.3.

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Article 5: Judicial System

A. University Conduct Board

1. Composition: The University Judiciary will consist of 18 members of the University community. Cases brought before the board will be heard by a three-member University Conduct Board (UCB) with a process advisor presiding.

a. Five students shall be approved by the Student Government Board. All selectees must be in good standing and not currently under any student conduct sanction.

b. Five faculty members shall be selected from willingness-to-serve ballots as conducted by the Committee on Committees. Faculty shall serve three-year staggered terms.

c. Five Professional/Administrative staff shall be selected from willingness-to-serve ballots as conducted by the Committee on Committees. Professional/ Administrative staff shall serve three-year staggered terms.

d. Three members of the Division of Academic and Student Affairs knowledgeable of the purpose and procedures of the student conduct system selected by the Associate Vice Provost and Dean of Students will be selected as ex-officio process advisors.

2. Procedure

a. All members of the University Conduct Board will participate in content and procedural training relating to the workings of the student conduct system.

b.When a case is referred to the University Conduct Board, it will be assigned to a Process Advisor.

c. Three conduct board representatives from the constituencies listed in 5.A.1.a.b.c. will be assigned to a case. The University Conduct Board is responsible for finding fact, determining responsibility and imposing sanction, if appropriate, in the case assigned. The Process Advisor will preside over the hearing and will not participate in the decision.

3. Jurisdiction

a. Violation of the University's Student Code of Conduct, University or departmental policy or regulations.

b. Violations of the constitution of a student organization which is approved by the Student Government Association.

c. Violations of the Student Government Association constitution.

d. Conflicts among groups subordinate to the Student Government Association.

e. Violations of regulations or procedures established by the Student Government Association.

f. Appeals from the decision of a University official as per the jurisdiction listed above or the Student Government Association.

B. Student-Faculty Judiciary

1. Composition

a. Four students shall be elected by the Student Government Board. No students serving on the University Judiciary shall be eligible for the Student-Faculty Judiciary unless the student resigns from the former position. A member must be in good standing and not currently under any judicial sanction.

b. Students shall serve two-year terms.

c. Five faculty members shall serve three-year staggered terms with selections made by the University Senate.

d. Members shall take office in the fall semester of the year of their selection.

e. Vacancies shall be filed by the appointing body within one month after they occur.

2. Jurisdiction

a. Violations of the Academic Honesty Policy.

b. Cases which arise related to student communication media.

c. Four students shall be elected by the Student Government Board. No students serving on the University Judiciary shall be eligible for the Student-Faculty Judiciary unless the student resigns from the former position. A member must be in good standing and not currently under any judicial sanction.

d. Appeals from a student conduct decision of the University Conduct Board or a University official.

C. Removal of a Member of a University Judiciary

1. University Judiciary

a. Upon petition of an absolute majority of the members of the judiciary, charges may be brought against any member of that judiciary, if he/she does not voluntarily resign.

b. The judiciary shall hear the charges against the member and may remove the member if it feels the charges warrant that action.

c. Standard procedural due process shall be followed in all such cases. Appeals may be directed to the next higher judiciary.

2. Student-Faculty Judiciary

a. Upon petition of an absolute majority of the members of the Student-Faculty Judiciary, charges may be brought against any member of that judiciary, if he/she does not voluntarily resign. The petition shall be directed to the chair of that judiciary.

b. The appointing body shall hear the charges against the member and may remove the member if it feels the charges warrant that action.

c. Appeals may be directed to the President of the University or his/her designee.

3. University Ombudsperson

a. An Ombudsperson shall be appointed by the University President.

b. The Ombudsperson shall be available to any student.

c. The Ombudsperson shall respect the privacy of all persons who seek counsel and shall guide them in possible legal avenues of assistance.

d. The Ombudsperson shall establish an orderly procedure for receiving requests of individual student or group grievances.

e. The Ombudsperson may advise a student when a grievance lacks merit or may advise from which University official or faculty member to seek further information, or the Ombudsperson may assist the student or group in obtaining an informal settlement of the problem.

f. In this position, the Ombudsperson shall have broad investigating powers and ready access to all University officials.

g. The Ombudsperson must be in a position to report directly to the University President on problems for which no remedy has been found, as well as to make periodic reports to the President on the status of students' rights and responsibilities.

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Article 6: Communications Media

1. Student Communication Media are a valuable aid in the dissemination of information as well as establishing and maintaining an atmosphere of free and responsible discussion and of intellectual exploration on the campus. They are a means of bringing student concerns to the attention of the faculty and the institutional authorities and of formulating student opinion on various issues on the campus and in the world-at-large.

2.It shall be the responsibility of the Student Communication Media Advisory Board to provide assistance to all campus communication organizations and to encourage the freedom of expression, integrity and aesthetic values in campus communications.

3. As safeguards for the editorial freedom and responsibility of student communications the following provisions are necessary:

a. The student communication media shall be free of censorship and advance approval of copy, and its editors and managers shall be free to develop their own editorial policies and news coverage. The editorial freedom of student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo. In the delegation of editorial responsibility to students, the institution must provide sufficient editorial freedom and financial autonomy for the student communications media to maintain their integrity and free expression in the academic community.

b. Editors and managers of student communication media shall be protected from arbitrary suspension and removal because of student, faculty, administrative or public disapproval of editorial policy or content. Only for proper and stated causes, violations of the canons of responsible journalism as cited in 6.3a., shall editors and managers be 
subject to removal, and then by orderly and prescribed procedures. Such procedures shall involve the presentation of charges by the Student Communications Media Advisory Board to the Student-Faculty Judiciary.

c. All student communication media shall explicitly state that opinions expressed are not necessarily those of the University or student body.

Article 7: Definitions of Terms

1. Accused - the person(s) accused of violating a University regulation.

2. Accuser - the person(s) preferring charges of a violation of a University regulation.

3. Civil and criminal law-shall include all laws, regulations and ordinances made by the United States Government, the Commonwealth of Pennsylvania and its political subdivisions.

4. Governing groups- those student representative bodies which are delegated primary student responsibility by the University for the formulation and executions of policies within their jurisdiction. These groups shall include the Student Government Association and the Residence Hall Association. The Student Government Board may designate additional governing groups as necessary and as approved by the University.

5. University official- employee of the University under the authority of the President. Such personnel may include administrators, as well as faculty, when performing administrative functions.

6. University regulation- an official rule established by an appropriate University authority governing the conduct or behavior of a member of the University community.

7. Members of the University community-shall include University officials, faculty, non-instructional staff, and all full-time and part-time graduate and undergraduate students.

8. University housing-all living facilities owned and/or operated by the Commonwealth of Pennsylvania.

9. Good academic standing-as prescribed in the current University Bulletin.

10. Quorum- the established minimum number of members required to conduct business.

11. Absolute majority- a majority of the entire voting membership.

12. Simple majority- a majority of those voting members present, provided there is a quorum.

13. University communications organization- Any approved organization which is engaged in University communications.

Article 8: Amendment Procedure

1. Amendment procedures may be initiated upon the presentation of a petition of not less than 100 student signatures to the executive body of SGA, or by ¾ vote of the majority of this executive body.

2. Upon approval by the executive body of the SGA, the amendment shall be submitted to the University Senate. Upon approval by the University Senate, the amendment shall be submitted to the President. Upon approval by the President and the Council of Trustees, the amendment shall be incorporated into the original document.

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