Student Conduct

Student Code of Conduct

Westminster College affirms that its educational purposes require an atmosphere characterized by rational inquiry, discussion and standards of acceptable behavior. These regulations, which reflect the values to which the College is committed, are designed to help ensure order and respect in the College community - to protect the rights of community members, and to protect the safety of students, facilities, and property.

The College reserves the right to take disciplinary action against students or recognized student organizations (RSOs) that violate these regulations. The College also reserves the right to supersede the authority of the Greek Judicial Board as it deems necessary and appropriate and to initiate disciplinary action against fraternities and sororities through the College’s student conduct procedures. To that end, student conduct procedures have been established to address alleged violations of College policies. Westminster College is committed to a fair and transparent conduct process, including reporting, investigations, conferences and hearings which observe and respect students’ procedural and substantive rights. Student conduct proceedings are designed to be a means by which each student can learn the value of their rights and realize the importance of their responsibilities as a citizen in the campus community.

The College reserves the right to substitute reasonable alternate procedural formats when warranted, as determined by the appropriate administrator; or, alternate procedures, when warranted by exigent circumstances, time constraints, staffing limitations, or the absence of hearing officers, may be utilized as necessary without jeopardizing the rights of students.

Terms and Definitions

The following terms and definitions are commonly used within student conduct proceedings.

• Adviser - A person selected by a student to offer guidance to the student during the conduct process. An adviser does not have to be affiliated with the College.
• Appeal Officer - An appeal officer is the person(s) or bodies designated by the College to hear appeals of findings or sanctions. The appeal officer must not be the person who investigated the case and must not have been involved in the adjudication of the case.
• Appeal’s Board - A committee, comprised of elected students and nominated faculty, assigned by the College to hear appeals. Membership on the Appeal’s Board is distinct from the Judicial Board.
• Exigent Circumstances - Any situation that demands unusual or immediate action and thus allows for the circumvention of usual procedures. Examples include, but are not limited to, process delays due to parallel criminal proceedings, behaviors that present a threat to the health and safety of members of the campus community, a request to delay proceedings in order to obtain outside counsel, a break in the academic calendar, etc.
• Hearing Officer - A hearing officer is the person(s) or bodies assigned by the College to be the decision maker in a case when a student selects an administrative hearing. The hearing officer will be neutral and objective. The hearing officer may not be the same person(s) as the appeal officer.
• Judicial Board - A committee comprised of elected students and nominated faculty, assigned by the College that is the deciding body in a case when a student selects a board hearing. Membership on the Judicial Board is distinct from the Appeal’s Board.
• Support Person - Any person selected by the student to provide emotional or other support during the conduct process. This person may be the same or a separate individual from the adviser. The support person may not speak for or represent the student they are supporting.
• Witnesses - Any person present at the time of an incident, who is not being charged with an alleged violation from the same incident; a witness must be able to directly provide firsthand accounts of the incident and answer questions regarding the incident.

Violations

Misconduct

The following behavior by student(s) individually or as perceived members or actual members of Recognized Student Organizations, whether on- or off-campus, including international education programs or activities, is subject to disciplinary action:

1. Violations of Local, State, Federal, and International Law: Conduct that may also be a violation of local, state, federal, tribal or international laws, whether on or off-campus (no criminal conviction is necessary for the conduct listed below to be subject to disciplinary action by the College). College disciplinary procedures may proceed even though the same conduct is also the subject of a pending civil or criminal charge;
2. Abuse of the conduct process: Failure to appear before a Judicial Board or College official for a disciplinary hearing when charged with a violation of the Student Code of Conduct and when duly notified of the hearing; Failure to abide by any disciplinary sanction imposed under the Student Code of Conduct (e.g., failure to honor a monetary fine, terms of probation, behavioral sanction);
3. Acceptable Use of Information Resources: Violations of rules listed in Policy for Responsible Use of Information Resources;
4. Alcohol: Possession, distribution or use of alcohol to or by persons under 21 years of age; Possession, distribution or consumption of alcoholic beverages on campus by persons over 21 years of age. Additionally, items used specifically for the individual and/or mass consumption of alcoholic beverages (e.g., individual bottles or cans, beer bongs, kegs, party balls) whether empty or not, or used for decoration are not permitted on campus;
5. Drugs: Possession, distribution, use or sale of illegal drugs, drug paraphernalia (e.g. bongs, hookahs, pipes, scales and syringes), or prescription drugs to another person for which the drugs are not prescribed; use of prescription drugs in a manner contrary to their intended use by the person to which they are prescribed;
6. Guest Conduct: The College reserves the right to take disciplinary action against students whose guest(s) on campus violates the Student Code of Conduct;
7. Bystanding: Knowingly and willingly facilitating, assisting in, or failing to take reasonable steps to report a known or anticipated violation of the Student Code of Conduct or law. This includes knowingly being present during a violation without intervening when safe to do so, or participating in the planning or concealment of such conduct, regardless of physical presence at the incident. Students will not be held responsible under this provision solely for knowledge of misconduct unless they played an active role in facilitating, planning, or failing to report such conduct when doing so was safe and reasonable;                       
8. Damage and Destruction: Intentional or reckless behavior that may, or in fact does, deface or cause damage to College property or the property of others. This also includes violations of the College’s Skateboard and Hoverboard policy;
9. Discrimination: Any act or failure to act that is based upon an individual or group’s actual or perceived status (race, color, sex, gender, gender identity or expression, age, national origin, sexual orientation, disability, veteran’s status, religion, pregnancy status, or any other protected classification) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the College’s educational program or activities;
10. Disruptive Behaviors: Intentional or reckless interference with normal College activities and functions (e.g., studying, teaching, public speaking, research, administration of the College, or emergency operations);
11. Freedom of expression: Intentional interference with the freedom of expression of others;
12. Falsification: Knowingly making a false statement, either orally or in writing, to any College employee or agent on a College-related matter; Initiation or circulation of a report or warning of an impending bombing, fire, or other crime, emergency, or catastrophe, knowing that the report is false;
13. Fire Safety: Tampering with fire alarms or safety equipment that includes, but is not limited to fire hydrants, fire hoses, extinguishers, sprinkler systems, and fire alarm pulls; Use of fireworks or any other explosive or combustible material;
14. Forgery: Alteration, misuse, unauthorized use, duplication, or transfer of College or legal documents, records, or identification, including but not limit to Titan cards, meal tickets, tickets to such events as Commencement, or vehicle registration decals;
15. Harassment: Harassment is categorized as either discriminatory harassment based on protected characteristics, or general harassment which does not involve protected classes. The College prohibits both.
    • Harassment Based on a Protected Class: Discriminatory harassment includes verbal, visual, written, or physical conduct that is based on an individual’s actual or perceived protected status, including but not limited to race, color, national origin, sex, gender identity or expression, sexual orientation, disability, age, religion, veteran status, pregnancy, or any other characteristic protected under federal, state, or local law. Such conduct constitutes a violation when it is sufficiently severe, pervasive, or persistent to interfere with or limit a person’s ability to participate in or benefit from the College’s educational programs, services, or activities;
    • General Harassment and Bullying: General harassment includes unwanted, uninvited, and unwelcome behavior that threatens, intimidates, or demeans a person. Harassment can be verbal, visual, or physical, and can include words, actions, gestures, demands, or visual displays. Harassment can be repeated, irritating, or bothersome behavior, such as attempts or threats of physical violence, following another person in or about a public space; communicating with lewd, lascivious, threatened or obscene words, language, or gestures; engaging conduct that serves no legitimate purpose;
16. Sexual Harassment: Sexual harassment is unwelcome conduct of a sexual nature that affects a person’s education or employment. Sexual harassment may include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. This can manifest as quid pro quo or hostile environment, where the conduct   is so severe, pervasive, or objectively offensive such that it interferes with the target’s ability to engage in the educational environment. Incidents of dating violence, domestic violence, sexual assault and stalking are considered so severe such that they need not be pervasive to be considered harassment. Sexual harassment shall be addressed by the Nondiscrimination and Sexual Misconduct policy;
17. Harm to Persons: Behavior that may, or in fact does, cause physical or emotional harm to another person or cause reasonable apprehension of such harm;

18. Hazing: Intentional, knowing or reckless activity in which an organization, group, or athletic team expects prospective or current members to participate and which 1) does not appear to be group-relevant for assessment/preparation and 2) is dangerous, degrading, excessive, produces physical or emotional discomfort, or ridicules in its application or constitutes a violation of local, state, federal, tribal or international law or any other College policy regardless of the consent of the participants; group induction activities are those tasks formally or informally required to obtain or maintain membership and/or participatory legitimacy for new, prospective or current members and/or to attain progressive membership status and/or leadership positions within the organization;

19. Intimidation: Implied threats or acts that cause a reasonable fear of harm in another;
20. Organizational funds: The use of organizational funds for the purchase of alcoholic beverages, illegal items, items that would violate College policy, or items not intended for organization use by officially recognized student organizations;
21. Non-compliance: Intentionally obstructing or failing to comply with the request of a College official or employee in the lawful and expected performance of their duties;
22. Reckless driving: Reckless driving that may, or in fact does, endanger individuals or damage property;
23. Residence Life Policies: Violations of the housing requirements and housing regulations outlined in the Handbook for Students;
24. Rioting: Causing, inciting or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or causes damage and/or destruction of property;
25. Sexual misconduct: Engaging in sexual contact or behavior with another person without the consent of that person and/or by compulsion through physical force or fear. Sexual misconduct, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking, as defined by the College’s Nondiscrimination and Sexual Misconduct Policy and the Clery Act, shall be addressed by the College’s Nondiscrimination and Sexual Misconduct Policy.           

Consent is defined as verbal statements or non-verbal actions which a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. Someone who is incapacitated cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent.

Incapacitation is any situation in which a person is incapable of giving consent due to the student’s age, state of consciousness, use of drugs or alcohol, or an intellectual or other disability.

Communicating Consent
Consent to sexual activity can be communicated in a variety of ways, but one should presume that consent has not been given in the absence of clear, positive agreement. While verbal consent is not an absolute requirement for consensual sexual activity, verbal communication prior to engaging in sexual behaviors helps clarify consent. Communicating verbally before engaging in sexual activity is imperative. Talking about your own and your partner’s sexual desires, needs, and limitations provides a basis for a positive experience. Consent must be clear and unambiguous for each participant at every stage of a sexual encounter. The absence of “no” should not be understood to mean there is consent.

A prior relationship does not indicate consent to future activity.

Note: A sexual assault victim violating the College’s alcohol or drug policy at the time of the assault will not face judicial action by the College for that infraction.

25. Theft: Unauthorized taking or possessing of College property or services or the property or services of others;
26. Threatening Behaviors: Written or verbal conduct, including use of images that causes a reasonable expectation of injury to the health or safety of any person or damage to any property;
27. Threatening Language/Speech: Use of pejorative language or use of identity-related slurs with intent to threaten, intimidate, and/or humiliate is prohibited;
28. Tobacco: Use of any tobacco products in any campus building, possession of tobacco products by persons under 21 year of age, or violation of the College’s Smoking and Tobacco Use Policy;
29. Unauthorized access: Unauthorized access to any College building or restricted space by keys, cards, or any other means or unauthorized possession, duplication or use of means of access to any College facility;
30. Weapons: Pennsylvania law and/or Westminster College policy prohibit the possession, use or storage of weapons or dangerous materials of any type or description anywhere on Westminster College property. This includes, but is not limited to, firearms, compressed-air or gas-operated guns, pellet guns, BB guns, illegal knives, swords, explosive devices, fireworks, ammunition, or any other dangerous or offensive weapon as defined in the Pennsylvania Crimes Code, Section 908c. Additionally, the College prohibits the possession of any non-folding knife designed to be carried in a sheath, and any folding knife commonly referred to as a “pocket knife” unless it has a blade of less than three (3) inches in length;
31. Wheeled Devices: Use of skateboards, hoverboards, roller blades, or roller skates in College buildings, athletic facilities and fields, roadways, walkways, and residential halls;
32. Fraternity & Sorority Regulations: Violations of rules listed in the Fraternity & Sorority Regulations committed by individual students whether or not they are members of fraternities or sororities;
33. Authority: Other items as amended by the President of the College and/or the College Board of Trustees.

Borough Ordinances

1. Borough Park
   1. The park closes daily at 11 p.m. It is unlawful to drive any vehicle in the park or for any person to enter the park, except to walk through from New Castle Street to S. Market Street and vice versa, after this time.
   2. It is unlawful for any person to transport, possess, or consume any alcoholic beverages whatsoever in the park. Most person(s) detained for the above two ordinances are also in violation of similar State statutes and are cited for violations of the Pennsylvania Crime Code.
2. Parking Violations

It is unlawful to park a vehicle or to allow the same to remain parked on any Borough street, alley, or public parking lot at any time between 3-6 a.m.

3. Restrictions on Use of Firearms and Air-Propelled Missiles

No person shall, except in necessary defense of person or property, fire or discharge any gun or other firearm or any air-propelled missile at any place within the Borough of New Wilmington.

4. Restrictions on Throwing Snowballs, Stones and other Missiles

It shall be unlawful for any person to throw any snowball, or any ball or stone or other missile of any kind upon or onto any of the public streets, alleys, squares, or sidewalks in the Borough of New Wilmington.

5. Tampering with Public Property

It is unlawful to tamper with public property and fixtures in streets, alleys, sidewalks, and public grounds.

6. Disorderly House 

It is unlawful for the tenants of an in-town apartment or house, including a campus apartment or residence hall, to permit or participate in illegal, unruly, or unsafe behavior at their place of residence. Any behavior that disrupts the peace and well-being of the community including excessive noise, furnishing alcohol, or possession of alcohol by minors, fighting, or failure to disperse upon the directives of the police, “at any place in the Borough where persons gather or abide” falls into this category. Tenant-hosts that permit this conduct shall also be held responsible for the behavior of their guests.

For a complete listing of Borough Ordinances click here. 

State Statutes (Crime Codes)

1. Minors - (under the age of 21) - it is unlawful to:
   1. Misrepresent age to secure liquor;
   2. Purchase, consume, possess, or transport intoxicating beverages;
   3. Represent to liquor dealers that a minor is of age;
   4. Induce minors to liquor.
2. Nuisances
   1. Scattering Rubbish - Citations may be issued to any person found violating this littering statute;
   2. Public Nuisance (Noise, unkempt house, etc.) - Charges may be filed under this statute in locations that are the sources of frequent complaints.
3. Offenses Against Property​
   1. Criminal Mischief - Citations issued or charges filed citing this statute when a person damages public or private property;
   2. Theft by Unlawful Taking or Disposition - Taking traffic, parking, and/or street signs to decorate one’s room can result in arrest under this statute.
4. Offenses Against the Public Order and Decency - This statute gives a police officer broad discretionary powers to regulate conduct in the Borough.

Reporting a College Policy Violation

Any College student, faculty or staff member wishing to file an Incident Report of a College policy violation should do so in writing as soon as possible after the event takes place, preferably within 24 hours. Reports of alleged violations should be made to the Office of Student Affairs and include the name(s) of the student(s) and/or recognized student organization(s) accused together with the specific details of the violation. Westminster College Student Code of Conduct Incident Report Form is available online.

Procedural Rights of Students

Each student accused of violating the Student Code of Conduct will have the following rights while their case is processed through the College conduct process:

1. A student may decline to answer questions about possible violations of the Student Code of Conduct. The refusal to answer those questions will not be considered a separate violation of the Student Code of Conduct.
2. A student may present witnesses on their behalf. In that a college hearing is not to be construed as either a criminal or civil trial, character witnesses (e.g., individuals who were not present at the alleged violation of College policy and provide information on behalf of a person only as to that person’s ethical qualities and morality both by the personal knowledge of the witness and the person’s reputation in the community) are not permitted at a conduct hearing.
3. A student may hear and question the testimony of all witnesses who testify orally and may review all written evidence submitted.
4. A student will have the opportunity to question the testimony of all witnesses.
5. A student may select an adviser of their choice. Attorneys may not serve as advisers; attorneys may be present to observe only if a student is charged with a serious crime and is charged off campus with the same offense. Advisers are not permitted to address any participants in the hearing other than the person whom they are advising in the presentation of their case. Any fees charged by an adviser would be borne by the student. The hearing officer shall be notified by the accused student (or complainant) at least one business day prior to the hearing that the student plans to have an adviser present.
6. A student accused of violating the College’s Student Code of Conduct is presumed innocent until it is proven that it is more likely than not that the student(s) violated the Student Code of Conduct or the student accepts responsibility for violating the Student Code of Conduct.
7. A student shall have the right not to testify against themselves unless they choose. However, any voluntary information or statements the student makes during an investigation of a charge or during a hearing may be used as evidence or for the filing of additional charges.
8. A student shall be found responsible for violating the Student Code of Conduct only if it is proven that it is more likely than not that such a violation occurred or the student accepts responsibility for violating the Student Code of Conduct.
9. A student will be given decisions made by the hearing officer, Judicial Board, or Appeal’s Board in a timely fashion.
10. A student’s disciplinary records will be kept confidential to the extent required by the Family Education Rights and Privacy Act. The College reserves the right to provide information to the Greek Judicial Board when an alleged violation of Fraternity and Sorority Regulations is suspected. In addition, the College reserves the right to notify the parent(s) or legal guardian(s) of students who are under the age of 21 and who have been found by the College to have violated its alcohol and/or controlled substance policies.
11. A student may pursue appeals of decisions as provided in the section of Handbook for Students titled “Rights and Responsibilities.”

Administrative Roles: Responsibilities of the Associate Dean of Students for Student Experience

It is the responsibility of the Associate Dean of Students for Student Experience to ensure all violations reported to Student Affairs are investigated, to gather additional information and witnesses, if necessary and appropriate, and to determine whether or not there are sufficient grounds to charge a student with a violation of College policy.

Note: The shortened terms “Associate Dean” refers to the Associate Dean of Students for Student Experience. The term “designee” refers to a staff member charged with carrying out the responsibilities of the Associate Dean of Students for Student Experience.

Notification of an Alleged Violation

1. The conduct process shall be initiated by the Associate Dean’s review of the submitted report and assigning of a hearing officer, who will send a notice to the student who has been accused of violating the Student Code of Conduct.
2. The notice shall be sent via e-mail to the student’s Westminster email address. The notice shall require the student to schedule an appointment with the designated hearing officer to discuss the alleged violations in a pre-hearing conference.
3. The notice shall inform the student of the following:
   1. The offense the student was alleged to have committed;
   2. The date, time, and location of the alleged commission; and such other relevant circumstances as the hearing officer may determine is necessary to include in the notice so that the student is on general notice of the nature of the alleged offense;
   3. The section of the Student Code of Conduct upon which the charges are based;
   4. Reference to students’ procedural rights in disciplinary matters as outlined in the Handbook for Students.

The Conduct Process - An Overview

Students charged with a violation of the Student Code of Conduct have several opportunities to present their case to the College. The first step in the adjudication process is called the Pre-Hearing Conference. This is not a hearing per se, but a chance for the student and College hearing officer to discuss procedural issues related to the case and to clarify the conduct process with the student. The next step is a formal hearing with the student and either a hearing officer (Administrative Hearing) or the College’s Judicial Board, which has students and faculty as its members. The hearing officer or Judicial Board determines whether the alleged conduct violates College policy and will document the decision as responsible or not responsible for violating policy. Additionally, they will recommend sanctions to the Associate Dean when the conduct is determined to be in violation of policy.

When a student appeals the decision of the hearing officer or Judicial Board consistent with grounds for appeal outlined in the Policy, the College’s Appeal’s Board will consider the findings based on the student’s presentation of evidence as well as the documentation from the case. An appeal is not a new hearing. The Appeal’s Board may uphold or reverse the decisions and/or sanctions. The Appeal’s Board, comprised of students and faculty members, would hear the case based upon the information they receive from the student and the documentation of the hearing officer or Judicial Board.

Throughout any portion of the conduct process, a student may request, via Westminster campus email to the hearing officer, for an individual Support Person to be present with them. A Support Person may be anyone affiliated with the College, a friend, family member or anyone else of the student’s choosing. A Support Person cannot be connected with the current case as a participant or possible witness. Should a Support Person disrupt the conduct process in anyway, they will be asked to leave the meeting; if the Support Person is a current student, they would be subject to violating the Student Code of Conduct.

Pre-Hearing Conference

A pre-hearing conference is initiated between the hearing officer and the student(s) following the receipt of a report of an alleged violation(s). The purpose of the conference is: (a) to explain the conduct process to the student; (b) to provide the student with an opportunity to hear the allegations against them; (c) to review the facts as stated in the report(s); and (d) to allow the student to discuss the case with the hearing officer in an informal context.

During the pre-hearing conference, the hearing officer shall assume responsibility for informing the student of the following:

1. The offense the student was alleged to have committed as stated in the written notice;
2. The date, time, and location of the conduct alleged to be in violation and other relevant circumstances;
3. The section of the Student Code of Conduct upon which the charges are based;
4. The student’s procedural rights in disciplinary matters as outlined in the Handbook for Students;
5. The sanctions which may possibly be imposed; or the prescribed sanctions outlined for the alleged offense(s), if the student accepts responsibility.

The student will have up to two (2) business days (48 hours) from the conclusion of the pre-hearing conference to indicate whether they prefer an administrative or judicial board hearing. 

The student may also elect to hold and participate in an administrative hearing immediately following the pre-hearing conference. The hearing officer may (1) hear and make a decision whether the individual(s) charged in the case has violated the College’s Student Code of Conduct; or (2) refer the case to the Judicial Board. If the student prefers a judicial board hearing, the Associate Dean will refer the case to the Judicial Board.

1. The hearing officer will try to schedule hearings so that they are held within ten (10) business days of the pre-hearing conference.
2. A student desiring to accept responsibility for violating College policy, changing their original position, may do so by meeting with the hearing officer no later than one (1) business day prior to the scheduled hearing.
3. If the student fails to appear for the conference by a specified date, the hearing officer may:
   1. reschedule the conference;
   2. dismiss the charges; or
   3. impose sanctions consistent with being found responsible for the specific violation.

Administrative Hearing

If, during the Pre-Hearing Conference with the hearing officer, the accused student (1) accepts responsibility for the violation(s) or (2) requests an administrative hearing, the hearing officer may convene an administrative hearing with a student.

1. After discussion and/or subsequent investigation, the hearing officer has the authority to decide whether the violation occurred as alleged. The hearing officer will notify the student, in writing via their Westminster College email address, of their decision and shall communicate the sanction by means of a written notice within five (5) business days of the conclusion of the hearing. Students will be found responsible when the evidence meets the preponderance of evidence standard - when the hearing officer can determine that it is more likely than not that the conduct is in violation of College policy.
2. If, after discussion and such further investigation as may be necessary, it is determined that the violation alleged is not supported by the evidence, the Associate Dean shall dismiss the charge and notify the student within five (5) business days of the conclusion of all hearings related to the case.

The College, upon written request to the Associate Dean, will disclose to the alleged victim of a crime of violence or a non-forcible sex offense (or to the alleged victim’s next of kin if the victim dies as a result of the crime or offense) the final results of any institutional disciplinary proceeding dealing with that crime or offense.

College Judicial Board

Composition

The College Judicial Board shall include eight (8) members: four (4) faculty members (one of whom shall serve as Chair) who are selected by the faculty Nominating Committee, and four (4) students appointed by the Student Government Association. Two (2) student alternates also shall be named by the Student Government Association. The quorum necessary to conduct business shall be at least five (5) voting members of whom at least two (2) are students and two (2) are faculty members. Faculty members who serve on the Judicial Board may not serve on the Appeal’s Board for the same case. Student members and alternates shall serve one-year terms and will be appointed by the Student Government Association at the beginning of each academic year. Faculty members shall be selected for an individual case by the faculty Nominating Committee.

The Board may hear cases of individual students or recognized student organizations. The jurisdiction of the Board extends only to violations of the Student Code of Conduct and Student Organization Code of Conduct. Cases will be referred to the Board by the Associate Dean. The Board will determine if the alleged violation(s) of the Student Code of Conduct or Student Organization Code of Conduct occurred. The Board also will recommend to the Associate Dean sanctions to be imposed. The Associate Dean reserves the right to alter a recommended sanction(s).

Responsibilities of the Chair

1. The Chair shall be a faculty member who will be the presiding officer. The Chair, in consultation with other members, shall maintain necessary order and shall make all rulings necessary for the fair, orderly, and expeditious conduct of the hearing.
2. At the beginning of the Board hearings, the Chair shall inform Board members, the accused student, the student’s adviser and witnesses of the procedures that will be followed by the Board in conducting the hearing. The adviser’s role is simply to advise the student. The student, not the adviser, will testify and have the right to ask questions of witnesses.
3. If the required number of students is not obtained, the Chair shall select the replacements needed from the student alternates. At the discretion of the Chair, the student alternates may sit as voting members of the Board at any hearing.
4. If a quorum cannot be obtained for a scheduled hearing, the Chair will reschedule the hearing for another date or time.
5. The Chair does not vote on Board decisions except in cases of tie votes.
6. The Chair will submit to the Associate Dean a written report of the Board’s decision(s).

For each hearing of the board, one of the four (4) faculty members selected will be chosen as Chair by the faculty assigned to the case.

Determination

1. The Board will reach a determination for each case by a vote.
2. Voting shall occur by secret ballot.
3. A simple majority vote by the members present at the hearing is required to make a determination. The Chair will vote only in the event of a tie.
4. Any deliberating members have the right to submit a dissenting minority report to the Associate Dean.
5. The Judicial Board, within two (2) business days of the hearing, will present in writing to the Associate Dean its findings determination and sanction recommendation(s).

Hearing of the College Judicial Board

1. The Associate Dean shall make arrangements for hearings of the College Judicial Board. Notice about the hearing will be sent, in writing, via the Westminster College email system in advance of the hearing. The notice shall inform the student of the following:
   1. the violation of College policy alleged to have been committed, by citing the relevant section of these regulations;
   2. the date, time, and location of the conduct alleged to be in violation and other relevant circumstances;
   3. the date, time, and place of the hearing, which shall not be earlier than four (4) business days after the date of the notice;
   4. the student is entitled to an adviser of their choice (the adviser may not be an attorney);
   5. the student shall have the opportunity to call witnesses, to confront and to question witnesses during the hearing, to hear statements from witnesses, and to hear all evidence submitted;
   6. only members of the Judicial Board, the Associate Dean, the accused student(s), their adviser, the person(s) who filed the report(s) of the alleged violation of the Student Code of Conductt, and witnesses (only while testifying), shall attend hearings;
   7. sanctions may be imposed if it is determined that it is more likely than not that the student(s) violated the Student Code of Conduct;
   8. the Judicial Board may make a determination in the case if the student does not appear at the hearing without any advance notice. Additionally, failure to appear at the hearing will be action for which the Board could determine to be an additional violation, Abuse of the conduct process, of the Student Code of Conduct.
2. The Associate Dean shall give written notice at least two (2) business days in advance of a hearing to student witnesses stating the date, time, and the place of the hearing and that their presence is requested; witnesses may elect not to attend or participate in the hearing without consequence.
3. The Associate Dean shall send notices to all student and faculty members of the Judicial Board stating the date, time, and place of the scheduled hearing.
4. The Associate Dean shall present all relevant information to Judicial Board members at the live hearing. The Associate Dean shall also participate in Judicial Board discussions concerning procedural issues and sanction determination. However, only the Judicial Board shall determine whether or not a student has violated the Student Code of Conduct as charged. If the Judicial Board determines that it is more likely than not that the student(s) violated the Student Code of Conduct, the Judicial Board shall recommend to the Associate Dean sanctions to be imposed. The Associate Dean reserves the right to alter a recommended sanction(s).
5. The oral proceedings of the Judicial Board hearing (but not the deliberations of the Judicial Board) shall be electronically recorded and kept as confidential information by the Associate Dean.
6. In cases heard by the Judicial Board , the student charged with a violation of the Student Code of Conduct and person(s) who filed the report(s) of the alleged violation of the Student Code of Conduct, shall receive written notice of the disciplinary decision and subsequent sanction(s) within five (5) business days of the hearing. The notice shall be written and sent by the Associate Dean via the Westminster College email system.
7. The student has the right to appeal the decisions made by the Judicial Board within five (5) business days after receiving written notification of the Board’s determination.

College Appeals Board

The College’s Appeal’s Board is a joint student-faculty committee responsible for considering appeals of conduct decisions made by the hearing officer or the Judicial Board. The Appeal’s Board shall include six (6) members: three (3) of the faculty members (one of whom shall serve as Chair) appointed by the faculty, and three (3) students appointed by the Student Government Association. Two (2) student alternates also shall be elected by the student body in accordance with Student Government Association election procedures. Two (2) faculty alternates also shall be appointed by the faculty. A quorum will consist of two (2) students and two (2) faculty members. Members of the Appeal’s Board may not serve as members of the College’s Judicial Board that heard the appealed conduct case.

Selection of the Chair

For each hearing of the board, one of the faculty members selected will be chosen as Chair by the faculty assigned to the case.

Chair of the Appeal’s Board

1. The Chair shall be a faculty member who will be the presiding officer. The Chair, in consultation with other members, shall maintain necessary order and shall make all rulings necessary for the fair, orderly, and expeditious conduct of the hearing.
2. At the appeal hearing, the basis of the appeal, as stated in the notice of appeal, shall be reviewed in the presence of the student found to have violated the Student Code of Conduct, their adviser, any person(s) who filed report(s) of the alleged violation of the Student Conduct of Conduct, and members of the Board.
3. If the required number of students is not obtained, the Chair shall select the replacements needed from the student alternates. At the discretion of the Chair, the student alternates may sit as voting members of the Board at any hearing.
4. If a quorum cannot be obtained for a scheduled hearing, the Chair will reschedule the hearing for another date or time.
5. The Chair does not vote on Board decisions except in cases of tie votes.
6. The Chair will submit to the Associate Dean a written report of the Board’s decision(s).

Appeal Procedure

A student whose disciplinary case has been heard by a College hearing officer or the Judicial Board may appeal the results of their case. The student appealing shall file a written notice of appeal via the College’s campus email system with the Associate Dean The notice shall include a statement indicating the basis of appeal. Appeals must be based upon at least one of the following: (1) student’s belief that violation of proper procedures occurred in the original hearing; (2) student’s claim that they did not violate the Student Code of Conduct; (3) student’s belief that the sanction(s) imposed is(are) unjust.

1. The notice of appeal must be filed with the Associate Dean by the appealing student within five (5) business days of the date of the written decision of the Judicial Board or hearing officer.
2. The Associate Dean will attempt to convene the Board and conduct a hearing on the appeal within 15 business days after the notice of appeal is filed.
   Note: The Appeals Board will meet only during the fall and spring semesters when classes are ordinarily in session and prior to final exams. Students may elect to have the Associate Dean (or their designee) hear their appeal during extended holidays and summer school, or defer an appeal hearing until the following semester when classes are ordinarily in session.
3. The Associate Dean shall notify the appealing student, in writing, a date, time, and place of the appeals hearing. A copy of the student’s appeal will be provided to the Chair of the Appeal’s Board by the Associate Dean.
4. Arguments and questions may be directed to Board members by all persons identified above with the exception of the student’s adviser. Also, review of the Judicial Board or hearing officer’s hearing records (written report and/or electronic recording) will be permitted. The Appeals Board will not accept additional evidence, but will consider only the records of the previous hearing. The Board can request the Chair of the College’s Judicial Board and/or the Associate Dean to come to the appeal hearing. The Chair does not vote on Board decisions except in cases of tie votes.
5. The oral proceedings of the Appeal’s Board hearing (but not the deliberations) shall be electronically recorded and kept as confidential information by the Associate Dean.
6. At the conclusion of the portion of the appeal meeting at which other persons attend, the Board shall deliberate in private to determine its course of action. The Appeals Board may:
   1. affirm the original determination and sanction(s) which shall be effective as of the date specified by the Judicial Board or Associate Dean;
   2. affirm the original determination and reduce the sanction(s) which shall be effective as of the date specified by the Judicial Board or Associate Dean;
   3. reverse the determination and conclude that no violation of the Student Code of Conduct occurred; or
   4. disallow the determination and order a new hearing by either the Judicial Board or Associate Dean.
7. The Chair of the Board within two (2) business days of the hearing will present in writing to the Associate Dean its findings, determination, and sanctions. This written notice will also be sent by the Chair within five (5) business days of the hearing to the appealing student and person(s) who filed the Incident Report. The Chair, at their discretion, may verbally inform the above individuals of the Board’s decision and sanctions at the conclusion of the hearing. The decision and sanctions will be immediately in effect regardless of the student’s desire to submit an appeal, and will remain in effect pending the outcome of that appeal.
8. A decision shall be made by a simple majority vote of the voting members present at the hearing. The Chair will vote on the Board’s decisions only in order to break a tie.
9. Only the members of the College Appeals Board, the appealing student(s), their adviser, any person(s) who filed a report(s) of the alleged violation of the Student Code of Conduct, and those other persons deemed necessary by the Board may be present at the appeals’ hearing.

Conflict of Interest of Hearing Officer, College Judicial Board, or College Appeal’s Board Members

If a member of these Boards has been involved in any way in a case to be heard by the Board or if they feel unable to render a fair decision, they must disqualify themselves from the hearing. If it is determined by the Chair that a member of the Board is unable to render a fair decision, the Chair may disqualify the Board member from the hearing. Moreover, a student(s) may request that a Board member be disqualified if they feel the member is unable to render a fair decision. The Chair (or Associate Dean if the Board member is serving as Chair) reserves the right to approve or deny the student’s request.

1. Conflict of Interest: If a Judicial Board or Appeal’s Board member has identified a conflict of interest, the Associate Dean, or their designee, will appoint replacements to ensure a quorum.

A conflict of interest may exist when:

• a member knows the student appearing before the Board;
• a member’s personal life experience closely resembles the facts of the case;
• a member’s professional expertise may cause them to rely on outside evidence; or
• a member’s professional duties may influence their ability to render a fair and unbiased decision.

The Associate Dean reserves the right to deny the recusal of a Board member if the grounds for recusal is not evident or believed to not impact the outcome of the hearing.

2. Substitution of Members: If there is a need to convene the Judicial Board during extended holiday breaks or in the summer and elected members of the Board are unable to attend a hearing, the Associate Dean, at their discretion, will appoint a faculty member or College administrator or staff outside of the Office of Student Affairs to serve in place of the regular member(s).

All information discussed in any judicial proceedings is considered confidential. Deliberations will occur in person only and shall not be conducted via campus email or other forms of electronic communication. All members of these Boards are responsible for making objective judgments in cases based on the facts as they are presented in each conduct hearing.

Responsibilities of Witnesses

1. Witnesses at all conduct hearings have the responsibility for providing accurate information to the questions asked by members of the Judicial Board, Appeal’s Board, or hearing officer.
2. Any information or statements made by a student during an investigation of a charge or during a hearing may be used as evidence for the filing of additional disciplinary charges against the student.

Disciplinary Sanctions

Sanctions are part of a student’s record and are maintained in the Office of Student Affairs. The scope of disciplinary sanctions that may be imposed on students are as follows:

1. Disciplinary Warning - A warning is a verbal notice to a student, to be followed, in writing, that continuation of policy violations will be cause for more serious disciplinary action.
2. Disciplinary Probation - The student is permitted to remain enrolled in the College only upon condition they comply with all College rules or regulations and/or with other standards of conduct which the student is directed to observe for the duration of the period of the probation. This may include loss of student privileges except those required for the necessary completion of academic course work.

Probation generally will not exceed one calendar year in duration for any given misconduct, except when multiple violations that result in probation occur within the same incident. Misconduct that occurs while serving a probationary period shall be cause for extension of the probation for no more than one calendar year or suspension or expulsion.

3. Disciplinary Suspension - The temporary loss of student status for a specified period of time, with resultant loss of all student rights and privileges. Re-enrollment is contingent upon completion of suspension, the fulfillment of its terms, and upon approval of the Vice President for Student Affairs.
4. Disciplinary Expulsion - This sanction is one of involuntary separation of the student from the College with resultant loss of all student rights and privileges. Separation is permanent and makes no provision for the student to re-enroll at Westminster College at any time in the future. Disciplinary Expulsion may only be applied with approval from the Vice President of Student Affairs.

The following sanctions may be imposed independently of or in combination with any of the disciplinary sanctions outlined above:

1. Fines - The dollar amount of fines assessed to students will be determined by the hearing officer or Judicial Board.
2. Restitution - Payment equal to replacement or repair costs, including labor, for damaged or stolen property, reimbursement of other losses, such as medical bills; payment to the College for services including, but not limited to, food and housing charges.
3. Restrictions and Conditions of Student Behavior - Examples include denial of visitation privileges to residence halls, termination or denial of residence in College housing, denial of use of specific College facilities and services, and restrictions from participation in extracurricular activities.
4. Referral for Counseling - The hearing officer or the Judicial Board may require a student to establish a counseling relationship with a member of the College counseling staff, any qualified faculty member, or a professional counselor off-campus and may require that the counselor report the student has reported for counseling as required.
5. Developmental/Educational Assignments - Examples include, but are not limited to, developing and presenting residence hall programs on behavioral or health-related issues; writing an essay on topical concerns such as drug and alcohol abuse, alcohol legislation, etc.; interviewing members of support groups such as AA or another relevant organization and submitting a written report on one’s findings; reporting on the status of fire extinguishers in the residence halls; attending College lectures/seminars on issues relevant to one’s disciplinary case.

Emergency Administrative Action and Presidential Authority

In extraordinary cases where a student’s behavior poses an immediate threat to the safety, well-being, or integrity of members of the College community (including guests and visitors), the College reserves the right to take immediate disciplinary action, including interim suspension or expulsion. Such action will only under the following conditions:

1. The student’s conduct represents a serious violation of the College’s community standards, such as extreme harassment based on personal, protected, or sensitive information;
2. The behavior significantly disrupts or impairs the operations of the College or the fairness of a College-sponsored activity;
3. There is a compelling institutional interest in taking immediate action, as determined by the Vice President for Student Affairs or President of the College.

A student subject to such action will be:

1. Notified in writing of the reasons for the decision;
2. Given the opportunity to appeal the decision to a designated College administrator within 10 business days;
3. Afforded the right to a full conduct process as soon as is reasonably practicable, unless the student waives this right.

In rare and egregious cases, the President may determine that permanent separation from the College is warranted without further conduct proceedings, provided that:

1. The student’s actions are clearly documented and rise to the level of extraordinary misconduct; and
2. The President has consulted with the VPSA, general counsel, or other relevant administrative officials, as needed.

Such authority will be exercised with restraint and only in cases where immediate action is necessary to uphold the integrity, safety and values of the College.