Student Organization Conduct Committee MANUAL Contents Overview........................................................................................................2 Student Organization Conduct Committee (SOCC) Composition.................3 Roles Expectations Student Organization Discipline Process.......................................................5 Student Organization Rights Burden of Proof Student Organization Disciplinary Records Witnesses Disciplinary Conference.................................................................................9 Hearing Procedures........................................................................................11 Sanctions........................................................................................................14 Appendices Appendix A Incident Report Form Appendix B Conduct Disposition Form Appendix C Precedent Guidelines Appendix D Student Organization Discipline Flowchart 2009-2010 Student Organization Discipline Process Overview The Office of Student Activities is committed to providing the highest quality cocurricular experiences for all Penn State students. We do this by providing support to student organizations, leadership development and service learning opportunities for students, social and educational programs, and advising for student groups. It is our sincere hope that all Penn State students will become involved in some kind of activity outside of the classroom that will add value to their overall Penn State experiences and contribute to their learning. Results from the Student Engagement Pulse Survey (spring 2006) indicate that 70% of Penn State students are actively involved in or helping to lead a student organization. The Student Organization Discipline Process exists in part so that students’ experiences in those organizations are meaningful and productive. Additionally, the Student Organization Discipline Process is in place to educate organizations about the responsibilities of having official University recognition, to hold organizations accountable for violations of University Policy, and to protect the rights of recognized student organizations. The process outlined in this document covers all student organizations except fraternities/sororities which have their own discipline processes. Religious clubs and organizations are covered under this process as well unless they violate a policy related to the use of the Pasquerilla Spiritual Center, which is governed by the Center for Ethics and Religious Affairs and has its own process. The process covers behavior that represents violations of law, violations of University policies, and violations of established protocols and procedures related to student organizations. As stated in Policies and Rules for Student Organizations: “All recognized student organizations will be held responsible by the University for abiding by federal, state, and local laws, as well as all University regulations. The University may become involved in the off-campus conduct of recognized student organizations when such conduct is determined to affect a Substantial University Interest (as defined in the University Off-Campus Misconduct Policy http://studentaffairs.psu.edu/conduct/policies/offcampus.shtml).” Membership in student organizations entails a set of responsibilities for all students. When acting on behalf of a student organization, a student is responsible for his/her conduct both individually and collectively. The process is managed jointly by Student Activities and the Student Organization Conduct Committee. Students will have a critical decision-making role throughout this process and it is hoped that they will consistently provide feedback about ways to improve it. 2009-2010 2 Student Organization Conduct Committee (SOCC) The SOCC is composed of appointed student members and staff from Student Affairs. The operation and advising of the SOCC will be conducted by staff in the Office of Student Activities. In addition, the staff will be responsible for the training of members in consultation with staff in the Office of Student Conduct as needed. The committee will convene as needed to review alleged incidents. Roles and Expectations Chairperson: There will be one or more student chair(s) of the SOCC. S/he will be responsible for reviewing the alleged violations with the advisor of the SOCC, determining whether a case should proceed, and helping to facilitate the Disciplinary Conference. This person will be selected through an application and interview process with members of the Student Activities staff, a student representative from the University Park Undergraduate Association (UPUA) and other student affairs staff members. Conduct Justices: Conduct Justices are students who will serve as hearing board members when hearings occur. Conduct Justices will also rotate the role of facilitator of hearings. Students can self nominate or be nominated by staff and will be selected through an application and interview process. There is no limit to the number of students who can be conduct justices. Conduct justices will be selected through an application and interview process with members of Student Activities staff, a student representative from the University Park Undergraduate Association (UPUA) and other student affairs staff members. Staff Representatives: Staff members will serve as hearing board members when hearings occur. Staff members will rotate the role of facilitator of hearings. Staff members may self nominate or be nominated. All staff members nominated will be part of the committee and will be chosen for hearings based on availability and need. Advisor The Program Director for Student Organizations in Student Activities will serve as the advisor to the Student Organization Conduct Committee. S/he will work with the Chairperson to review all alleged policy violations and to conduct Disciplinary Conferences. The advisor will also serve as the presenter during hearings. The Program Director for Student Organizations may ask another staff person from Student Activities to serve as a presenter during a hearing. 2009-2010 3 Facilitator A facilitator is the person who leads hearings within the Student Organization Discipline Process. The facilitator will be a conduct justice or a staff representative. Expectations for Committee Members Attend hearings Attend training meetings, retreats as scheduled throughout the semester Uphold and be familiar with Policies and Rules for Student Organizations Remove him/herself from hearings regarding conflict of interest Expected to remain objective, unbiased and consistent in all hearings Maintain confidentiality of disciplinary conference and hearings Educate student organizations about the SOCC Exercise authority in good faith Make recommendations regarding Policies & Rules for Student Organizations that serve the best interest of student organizations 2009-2010 4 Student Organization Discipline Process 1. The Office of Student Activities is informed of an alleged incident through an incident report form, a police report, or other documentation submitted to the office. Incidents can be referred for behavior that occurs both on and off campus (see (http://studentaffairs.psu.edu/conduct/policies/offcampus.shtml). Any office, department, student organization, or individual (faculty, staff, student, or someone not affiliated with the University) can complete and submit an incident report form to Student Activities. 2. The Program Director for Student Organizations and the Student Chair of the Student Organization Conduct Committee (SOCC) review the incident report to determine whether the case should proceed. If the case is to proceed, a file will be created that will remain a part of the organization’s permanent file. The student chair will have the authority to determine if the case is to proceed for either minor or major incidents. In cases where the incident is considered to be major, the advisor will be able to further review a decision of the student chair, if necessary. 3. The Program Director for Clubs and Organizations notifies the student organization president and advisor (if applicable) via letter or e-mail that an incident report has been submitted alleging that the organization committed a policy violation, when it has been determined that a case will proceed. This letter instructs the organization that it is necessary to schedule a Disciplinary Conference. The organization needs to respond within 5 business days of the dated organizational notification. If not, the Disciplinary Conference may be scheduled without organizational input. Should an organization not attend a scheduled Disciplinary Conference, a decision may be made and the organization waives its rights to contest any charges and/or sanctions issued. 4. The Disciplinary Conference is a closed meeting to explain the discipline process to the student organization representative(s), gather information about the alleged incident from the student organization, discuss the incident, and to determine what, if any, steps need to be taken. Present in the disciplinary conference are: the Student Chair of the SOCC, the staff advisor to the SOCC, and no more than three members from the student organization in question (the advisor can be included in this total). Four outcomes could result from a disciplinary conference: 1) charges and sanctions are assigned and accepted; 2) no charges or sanctions are issued; 3) charges and sanctions are assigned and contested, or; 4) an individual(s) will be referred to an appropriate office for his/her behavior (most likely Student Conduct or Residence Life). An organization has three business days after a disciplinary conference to accept or not accept any charges/sanctions. If, after three business days, an organization does not sign a disposition form, the charges/sanctions automatically go into effect. 5. If an organization accepts any charges and sanctions assigned, the case is closed and relevant information about the charges/sanctions is placed in the organization’s file 2009-2010 5 and appropriate offices are notified. If no charges or sanctions are issued, the case is closed and appropriate information is placed in the organization’s file. A letter will be sent to the President and advisor (if applicable) from the SOCC explaining the outcome of the Disciplinary Conference. 6. If the organization contests the charge(s)/sanction(s), a hearing will be scheduled. The advisor to the SOCC will serve as the hearing presenter. The hearing will follow established SOCC Protocol. Hearings will be closed unless the student organization specifically requests that the hearing be open to the public. A case is considered minor if the recommended sanction is probation or less and does not include any loss of privileges. Hearings in such cases will include: four conduct justices, one of whom will facilitate the hearing (non-voting); the advisor to the SOCC or his/her designee; and no more than three members from the student organization in question (the advisor can be included in this total). A case is considered major if the recommended sanction is more than probation and/or if a privilege of being a student organization is temporarily or permanently suspended. Hearings in such cases will include: three staff members, one of whom will facilitate (non-voting); three conduct justices; and no more than three members from the student organization in question (the advisor can be included in this total). 7. Based on the information presented in the hearing, the SOCC can make one of the following decisions. Determine that the original charge met the burden of proof and assign the charge and sanction Determine that the case meets a burden of proof for a charge and either refer it back to the SOCC chairperson and advisor or assign a different charge/sanction if the charge is in the same category Determine that the case does not meet a burden of proof for any charge(s) to be issued. Refer individual(s) to another University office. 8. The student organization will be notified about the decision from the hearing via a letter to the organization’s President and advisor (if applicable) within three business days. If the only decision is to refer an individual(s) to an appropriate office, the organization will be notified that no charges/sanctions were issued to the organization. The Student Activities staff would then contact the Office of Student Conduct or Residence Life to initiate the appropriate disciplinary process. As required by FERPA, the Student Activities staff will not release information to the student organization regarding individual conduct and will keep this information confidential. 9. Student organizations may appeal the decision of the SOCC. Appeals will only be granted if one of the following conditions is met: 1) new information is available about the incident; 2) improper procedures were followed in the conference or the hearing; or 3) the appeal officer believes that the issued sanction is too harsh. An 2009-2010 6 organization may appeal assigned charge(s)/sanction(s) by writing a letter to the Associate Director of Student Activities within three business days of being notified of the hearing results. The Associate Director will review the appeal request and determine whether an appeal is warranted. If granted, there are two levels of appeal within the Student Organization Discipline Process: All cases in which the assigned sanction is less than loss of recognition will be reviewed by the Senior Director, Union and Student Activities. Cases in which the assigned sanction is loss of recognition will be reviewed by the Vice President for Student Affairs. The appeal officer will notify, via letter, the President and advisor (if applicable) of the organization of the appeal results within five business days of receiving the appeal. The decision of the appeal officer is final. All correspondence regarding the student organization disciplinary process is communicated to the alleged student organization’s president and copied to the advisor of record (if applicable) that is on file in the Office of Student Activities. Communication will be sent to the current email address and current mailing address as listed with the University Registrar. Additionally, a copy of the letter is placed in the student organization’s file in the Office of Student Activities. Student Organization’s Rights within the Student Organization Discipline Process 1. Student organizations have the right to view all documents related to an alleged policy violation. 2. Student organizations have the right to choose who from their organizations will represent them throughout this process, (see within for maximum numbers). 3. Student organizations have the right to present information about the alleged policy violation that can help to clarify what occurred 4. Student organizations have the right to bring an aid to either a disciplinary conference or a hearing. The aid has no formal role in either a disciplinary conference or hearing and cannot speak, but can assist the student organization during the process. This aid does not count in the number of student organization representatives allowed to be a part of the disciplinary process. If criminal charges are pending, the student organization may have an attorney present, although this person has no role in the hearing and is to act only as an aid. 5. Student organizations have the right to not participate in a disciplinary conference or hearing. However, a disciplinary conference or hearing can proceed without an organization’s participation. 6. Student organizations have a right to appeal decisions within the student organization discipline process (see within). Complainant/Victim Rights in the Student Organization Discipline Process 1. To be assisted by an advisor, if chosen 2. To be informed of the decision of the case 3. To appeal the decision of the SOCC 2009-2010 7 4. Other rights are guaranteed as outlined by Student Conduct (http://studentaffairs.psu.edu/conduct/studentrights.shtml) Burden of Proof The Burden of Proof to charge a student organization will be Preponderance of Evidence. In other words, Decisions will be based on a “more likely than not” standard; it is more likely than not that the student organization is responsible for a polity violation. If so, a charge(s) and sanction(s) can be assigned. Determination of Group Responsibility versus Individual Responsibility The determination regarding whether an alleged policy violation was conducted by individuals or an organization will be made on a case-by-case basis. Four factors will be considered when making this decision: 1) the number of students involved in the incident; 2) did the incident occur at a registered event of the organization (meeting, program, trip, other)? 3) did the organizational leadership have knowledge/notice that the event was going to occur? and 4) the nature of the incident. Additionally, an individual acting on behalf of an organization can be referred to the Office of Student Condcut, the Office of Residence Life, and/or the criminal justice system at the same time that the student organization is going through the Student Organization Discipline Process. Organizational Disciplinary Records Organization Disciplinary Records will be managed by the Office of Student Activities. All records related to student organization conduct will be kept in the student organization’s official file for a period of four years. The release of records relating to the Student Organization Discipline Process will be managed by the Senior Associate Director of Union and Student Activities in consultation with appropriate staff within Student Affairs and the University. Records from disciplinary conferences/hearings, individual testimony, and lists of witnesses will not be released. There may be times when it is appropriate or necessary to release the outcome of a particular disciplinary conference/hearing to those both within and outside of the University that have a legitimate educational interest. Those kinds of decisions will be made on a case-by-case basis. FERPA requires the confidentiality of individual student records. Witnesses Student organizations and the SOCC have the right to call witnesses during hearings. Student organizations and the SOCC can question witnesses during hearings. A list of the witnesses must be submitted to the Office of Student Activities at least 24 hours prior to the scheduled hearing. Witnesses are only permitted if they can add relevant information about the alleged violation. Witnesses can be students, faculty, staff, or others external to the University. 2009-2010 8 Disciplinary Conference The Disciplinary Conference is an informal, non-adversarial closed meeting between the Chairperson (a student) of the SOCC, the advisor to the SOCC and no more than three representatives (one of whom being the president preferably) from the organization named in the incident report/complaint. The advisor can be included in the three representatives, along with an aid, if desired. The purpose of the Disciplinary Conference is to examine the complaint and discuss circumstances regarding the incident. The Student Chair and the SOCC advisor can make a decision of “responsible” or “not responsible.” If the organization is found “not responsible,” the process ends. If the organization is found to be “responsible,” a charge (s) and sanction (s) will be assigned. The organization can then decide whether or not to accept the charge (s) and sanction (s) or to request a hearing. The organization can take up to three (3) business days to make this decision. All Disciplinary Conferences must be scheduled within five (5) business days from the date that the organization was notified about the incident report/complaint. Process As mentioned above, Disciplinary Conferences are less formal discussions between representatives from both the University and the organization. Therefore, there is not a strict process that must be followed for a Disciplinary Conference. However, the following must occur at some point during the conference. An overview of the Student Organization Discipline Process must be provided, to include not only what will occur during the Disciplinary Conference, but what the next steps might be as well. A. All materials (incident reports, complaint, other reports) related to the case will be distributed to all parties in attendance. B. The student organization representatives must be given an appropriate amount of time to review the materials. C. A discussion of the incident report/complaint will take place. This could include the SOCC representatives asking what occurred, asking follow-up questions, challenging information that the organization presents, or any other kinds of questions related to the organization’s conduct. D. The SOCC representatives will ask the organizational representative(s) to leave the room while they discuss a decision. The SOCC Chair will make the decision. However, the advisor has the authority if s/he deems appropriate, to step in if s/he feels the decision is not appropriate. 2009-2010 9 E. The organizational representatives will be invited back into the room to hear the decision. A Conduct Disposition form will be shared with the organizational representatives outlining the decision. The SOCC representatives do not have to make a decision at this time. They can request more time to deliberate or gather more information. If this occurs, they will ask the organizational representatives to make another appointment. F. The SOCC representatives will explain the options available to the organizational representatives if the organization is found responsible. G. The SOCC representatives will give the organizational representatives a copy of all incident reports/complaints and a signed copy of the Conduct Disposition Form. H. If an organization is not contesting the charge and sanction, no further action is needed and the case is closed. If an organization is contesting the charge and sanction, the representatives will be directed to the Staff Assistant in the Office of Student Activities to begin the process of scheduling a hearing. 2009-2010 10 Hearing Procedures I. The Facilitator will welcome everybody and call the hearing to order. S/he explains the hearing procedures to the hearing board members, the presenter, the representatives from the student organization, and witnesses. S/he also explains that all the details of the incident are confidential and nothing that takes place within the hearing may be shared outside of the hearing. Finally, s/he explains that providing false information could result in further disciplinary action for anyone found to have done so. The witnesses are then asked to leave the room so that only the hearing board members, organization’s representatives, and the presenter are in the room. II. The Facilitator will introduce the Board members and then allow the student organization representatives to introduce themselves. III. All witnesses will be required to remain outside the hearing room and will be called in by the Facilitator as needed. A witness, after giving testimony, is prohibited from discussing the case with a witness who has not yet testified. It is the duty of the Facilitator to advise each witness of this before each is dismissed. Failure of a witness to comply with said policy could result in a sanction against the individual and/or the student organization. IV. The Facilitator will ask the student organization if it wishes to challenge a Board member. A. If so, the reasons for such a challenge must be stated and reviewed by the remaining Board members in private. A decision must be made on one of two grounds: i. the individual holds a substantiated bias against the organization, ii. the individual was involved in the activities form the basis of the incident report. B. If the Board votes by a simple majority to decline the challenge, the hearing will proceed. C. If the Board votes to accept the challenge or if the vote is split, then the Board member will be asked to remove him/her self from the panel. In this case, the hearing will proceed as planned. However, if the vote of the remaining hearing board members is a tie, the facilitator will vote to break the tie. D. If the Facilitator is removed, an acting Facilitator will be selected from one of the remaining committee members. This member will assume the duties of the Facilitator for the remainder of the hearing. V. The role of the Facilitator in the proceedings is: A. To conduct the hearing in an orderly and progressive manner. B. To call witnesses as requested. C. To rule on the relevancy and admissibility of information. 2009-2010 11 D. To prevent antagonistic questioning. E. To prevent interference by any disruptive individuals. VI. The Facilitator then explains the role of the other committee members. Their role is: A. To listen to and evaluate the information provided. B. To ask questions for clarification and additional information. C. To come to a decision on the responsibility of the student organization and the subsequent sanctions if necessary. VII. The Facilitator then explains the role of staff representing Student Affairs. Their role is: A. To listen to and evaluate the information provided. B. To ask questions for clarification and additional information. C. To come to a decision on the responsibility of the student organization and the subsequent sanctions if necessary. VIII. The Facilitator then explains the role of the SOCC Advisor (presenter). His or her role is: A. To present information from the incident report. B. To ask questions about the incident report of members of the student organization and/or witnesses. C. To advise the board concerning due process. D. To advise the Facilitator. E. To provide relevant judicial history on the organization, if applicable. IX. The hearing proceeds as follows: A. The presenter reads aloud the charges of the alleged violation and asks the student organization representatives if they understand the nature of the charges by asking: “Do you understand the nature of these allegations?” B. One representative from the student organization may give a brief opening statement to report the general argument to the Board. C. The presenter calls the first witness who is asked to “State your name.” D. The committee members then ask questions of the witness as deemed appropriate and allowed by the Facilitator. E. The student organization representatives are then allowed to ask questions of the witness. F. The committee members may then ask another round of questions to the witness. G. The Facilitator then asks if anyone has any further questions. H. The Facilitator then dismisses the witness. I. The presenter calls additional witnesses, and begins the procedure starting above at point C. J. The Facilitator may limit the duration of the questioning of a witness at any time during the questioning. 2009-2010 12 X. The response by the Student Organization is as follows: A. Representatives from the student organization are called to testify one at a time by the Facilitator and asked to “state your name.” They are then asked to relate the facts surrounding the case. B. The Facilitator, other committee members, and the presenter may then ask questions of the student organization representatives. C. The Facilitator asks the student organization representatives if there are any additional witnesses to support the response. They are called to testify one by one. D. Each witness for the student organization may make a brief summary statement depicting an account of the situation. E. The Facilitator, other committee members, and the presenter ask questions of each witness. XI. The summation is as follows: A. The presenter and one representative from the student organization will each present a brief summary of the significant points of their respective arguments. B. The Facilitator then informs the student organization representatives that the decision of the SOCC will be available the following business day in the Office of Student Activities. The Facilitator also informs the student organization representatives that all appeal options will be explained if the organization is found to be responsible for a policy violation. The student organization representatives and the presenter are asked to leave the hearing at this time. C. The SOCC then deliberates on all of the relevant information provided. The committee will not consider the past history of the student organization when deciding whether the organization violated a policy. D. The decision by the Hearing Board will be based on the “Preponderance of Evidence” burden of proof. E. If the committee finds the student organization responsible, it then discusses sanctions to be imposed. The conduct history of the organization will be considered during this portion of the deliberations. The presenter or his/her designee may also advise the committee during discussion of sanctions because the conduct history of the student organization may precede the knowledge of the current board. The relevant conduct history will not extend longer than four (4) years, unless specified otherwise by prior sanctions. i. Sanctions should be appropriate considering both the seriousness of the violation, the past conduct history of the student organization, and the precedent guidelines available. Sanctions should serve both as a deterrent and an educational tool. The Hearing Board should be consistent with sanctioning from case to case. F. The hearing is then dismissed by the Facilitator. 2009-2010 13 Sanctions There are two kinds of sanctions that can be assigned if a student organization is found to be responsible for a policy violation: administrative and educational. Administrative sanctions impact an organization’s status as an organization and/or its ability to conduct its operations. Educational sanctions require a student organization to participate in one or a series of activities that will cause it to reflect on the policy violation and to deter it from occurring again, but will not affect the organization’s status as a recognized student organization, nor its ability to conduct operations. The SOCC can assign one or a combination of sanctions to a student organization that has violated a policy. Descriptions of the sanctions are as follows. Administrative Sanctions Administrative Warning. An administrative warning is a letter acknowledging that a policy has been violated. Generally speaking, administrative warnings will be assigned for minor, first-time violations that do not have a significant impact on the organization or the University. Administrative Probation. Administrative probation is assigned when a policy of a more serious nature has been violated or when minor policies have been violated more than once. Administrative Probation is for a specified period of time and further violations committed by an organization while on probation could result in even more severe sanctions being assigned. Administrative Suspension. Administrative suspension means that a student organization is deactivated for a specified period of time. This sanction is assigned when major violations of policy occur that have a significant impact on the organization and the University. Loss of privilege. A sanction of loss of privilege means that an organization has one or more privileges of being a recognized student organization taken away. This sanction is generally for a specified period of time. Examples of privileges that can be lost include, but are not limited to: suspension of ASA account, suspension of access to the organization’s web space, suspension of the ability to reserve rooms on campus, suspension of the ability to apply for UPAC funding, suspension of fund-raising activities, suspension of access to office space, and others. Loss of recognition. This sanction is for the most serious violations that have a significant impact on the University, the organization, and the organization’s members. This sanction can also be issued when an organization continually violates other policies. A loss of recognition means that an organization cannot function as an organization for a period of four years. Restitution. Restitution could be charged if an organization does damage to its office, a room it reserved, or other University property. 2009-2010 14 Educational Sanctions Educational Workshops. Educational workshops will most likely be assigned for organizations that violate policies related to University protocols. Examples include, but are not limited to: a workshop about reserving space, a workshop about ASA procedures, a workshop about how to appropriately use UPAC funds, and others. Educational workshops may be assigned in conjunction with or in lieu of an administrative sanction. Community Service. Service projects or service hours may be assigned to a student organization if it is deemed that such an assignment would have the most impact on the organization. The service will be related to the kind of violation that occurred. Community service may be assigned in conjunction with or in lieu of an administrative sanction. 2009-2010 15 Appendix A Incident Report Form Student Activities 209 HUB-Robeson Center University Park, PA 16802 Organization Name: Violation Information: Location: Date: Time: Your Contact Information: Name: Violation Reported by: Faculty/Staff Student Witnesses: Name: Email: Parent Student Organization Community Member Other Email: Description of the Incident: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 2009-2010 16 Appendix B PENN STATE UNIVERSITY STUDENT ORGANIZATION CONDUCT COMMITTEE Student Activities, 209 HUB, 863-4624 1. Organization 2. Representative 3. Phone 4. Address 6. Charges Code/Violation(s) 5. Date 7. Sanction(s) To the organization: Your organization has been charged with a violation(s) of the University Code of Conduct and/or Policies and Rules for Student Organizations. You have the right to explain your side of the incident to those involved in your Disciplinary Conference. If there is reasonable cause to believe that a violation has occurred, a charge(s) and sanction(s) will be assigned. Sanctions will be assigned while considering past organizational conduct records, precedents for similar violations, and other specific circumstances of the incident. You have the right to either: Accept the charge(s) and sanction(s), OR, Contest the charge(s) and sanction(s) and be referred for a hearing **Information regarding the Student Organization Discipline Process can be found in the Student Organization Discipline Process Overview and Precedent Guidelines. You can find a copy on the Student Activities web site http:/www.sa.psu.edu/engage. READ AND INITIAL THE STATEMENT BELOW: _____I have read and understand the previous statements, and I have received a copy of the Incident Report. I ACCEPT the charge(s) and the sanction(s) and request that a hearing be waived. I also understand that my organization must meet all requirements and complete all sanctions listed. Organization Representative Signature Date SOCC Chairperson Signature Date I CONTEST the charge(s) and sanction(s) and wish to appear for a hearing to present information and to hear and question witnesses. By contesting the conduct charge(s), I understand that I must submit a written request for a hearing and a written explanation of the organization’s side of the incident within three (3) business days to the Student Activities. I understand that if I fail to do so, the charges(s) and sanction(s) for the organization will be assigned, and there is no further notice or appeal. Organization Representative Signature 2009-2010 Date SOCC Chairperson Signature Date 17 Appendix C 1. University Space or Equipment Violation Utilizing University space or equipment for purposes other than it was originally intended or specified, damage of University property, etc. In most cases, an agreement for space usage has been signed by a representative of the organization. Potential Sanctions Minor Educational 1.1 1.2 1.3 1.4 1.5 Reserved space violation 1.1.1 – Using reserved space outside of scheduled time 1.1.2 – Failure to cancel reserved space that will not be used 1.1.3 – Use of space for purposes other than those which have been originally requested and approved 1.1.4 – Leaving reserved space in disarray (moving furniture, leaving trash around, etc.) 1.1.5 – Unauthorized use of equipment 1.1.6 – Other violation of reserved space agreement Unreserved space violation 1.2.1 – Unauthorized use of or entry to University facilities Misuse of assigned space (office space) 1.3.1 – Unauthorized reproduction of keys 1.3.2 – Providing access to University space to unauthorized people 1.3.3 – Consistent untidiness resulting in health or fire hazard Damage to University property or equipment Intentional or reckless damage to any property or equipment. Violation of AD-62 Having food and/or drink in general purpose classroom Training with Event Management staff o Facility use guidelines o Reservation procedures Training on reservation procedures Creating a display or signage Community service Creating presentation or display Community service Creating presentation or display Meeting with Physical Plant staff Major Administrative Warning Restricted use of University space or facilities Administrative Probation Administrative Warning Administrative Probation Restricted use of University space or facilities Administrative Warning Administrative Probation Restitution for cost of re-keying Administrative Warning Administrative Probation Restitution for cost of replacement Administrative Warning Administrative Probation Restitution for cost of extra cleaning Loss of use of University space or facilities Administrative Suspension Loss of recognition Loss of use of University facilities Administrative Suspension Loss of recognition Administrative Suspension Loss of recognition Administrative Suspension Loss of recognition Administrative Suspension Loss of space reserving privileges Loss of recognition 1.6 Other space or equipment use violation Community service Creating a presentation or display Training Administrative Warning Administrative Probation Restitution for costs accrued Restricted use of University space or facilities Administrative Suspension Loss of recognition Loss of use of University space or facilities 2. Organization policy or procedure violation Violation of a policy specified by the University or the Office of Student Activities specifically intended to govern student organizations. 2.1 2.2 2.3 2.4 2.5 Educational Training with Associated Student Activities staff Training with Student Activities staff Training with UPAC Create presentation or program on responsible financial management Misuse of funds 2.1.1 – Using restricted funds for anything other than their original intention 2.1.2 – Overspending budget (purchasing beyond capacity) 2.1.3 – Failure to produce contracts or documentation to Associated Student Activities for payment or purchase orders 2.1.4 – Failure to meet deadlines for funding processes 2.1.5 - Maintaining an off-campus bank account 2.1.6 - Failure to deposit funds in ASA account Failure to comply 2.2.1 – Failure to complete required paperwork 2.2.2 – Failure to complete issued sanctions E-mail sent to president and advisor on record, asking to update and given a time period to do so. After this time period, if the group does not comply, it will be placed on inactive status until proper paperwork is completed N/A Misrepresentation 2.3.1 – False testimony or statements 2.3.2 – Forgery 2.3.3 – Misuse of forms, contracts, or other documentation 2.3.4 – Deliberate distortion of fact(s) on documentation Unapproved solicitation or fundraising Administrative Warning Administrative Probation Restriction of privileges Community service Creating a presentation or display Training Community service Training Administrative Warning Administrative Probation Restricted of privileges Community service Creating a presentation or display Training Implementation program Administrative Warning Administrative Probation Restriction of privileges Restitution for costs accrued Other policy or procedure violations Potential Sanctions Minor Administrative Warning Administrative Probation Restriction of privileges (ASA, UPAC, other) Restitution for costs accrued Major Administrative Suspension Loss of recognition Loss of ASA account Loss of ability to apply for UPAC funds N/A Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges 3. University Policy Violation Violation of any university policy. 3.1 3.2 3.3 Theft of University property or equipment Misuse of electronic or information systems 3.2.1 - Misuse of web space 3.2.2 - Misuse of e-mail 3.2.3 - Misuse of other digital media, software, or computing equipment University alcohol use policy violation Possession of alcohol on campus, public intoxication, furnishing to minors, serving alcohol to patrons in excess, or other policy violation. 3.4 3.5 Fire code violation Includes using prohibited items such as candles, incense, etc.; blocking fire exits or paths; allowing a venue to fill beyond capacity; causing fire alarms to activate, tampering with fire safety equipment, etc. Disruption of University Operations Obstruction or disruption of classes, research projects, or other activities or programs of the University; or obstructing access to University facilities, property, or programs. Disruption is defined as an action or combination of actions by one or more individuals that unreasonably interferes with, hinders, obstructs, or prevents the operation of the University or infringes on the rights of others to freely participate in its programs and services Community service Creating presentation or display Training with ITS Potential Sanctions Minor Administrative Warning Administrative Probation Restitution for cost of replacement Administrative Warning Administrative Probation Restricted of privileges Community service Creating educational display Developing educational programming for student organizations Attend alcohol education program Community service Creating presentation or display Training Administrative Warning Administrative Probation Restriction of privileges Administrative Warning Administrative Probation Restriction of privileges Community service Creating presentation or display Training Administrative Warning Administrative Probation Restriction of privileges Educational Community service Creating presentation or display Major Administrative Suspension Loss of recognition Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges 3.5 Possession of lost, stolen, or misplaced property Community service Creating presentation or display Training Administrative Warning Administrative Probation Restriction of privileges Restitution for cost of replacement Administrative Warning Administrative Probation Administrative Warning Administrative Probation Restriction of privileges 3.6 3.7 Academic integrity policy violation Other policy violations Community service Creating presentation or display Training Community service Creating presentation or display Training Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Administrative Suspension Loss of recognition Loss of privileges 4. Federal, State, or Local Law Violation Violations of any federal, state, or local law. 4.1 4.2 4.3 Hazing Sanctions that cause physical, emotional, or psychological harm to individuals will be considered “major” infractions. “Minor” infractions may include being forced to wear degrading or offensive clothing, sing or perform in public, etc. Selling raffle tickets or hosting otherwise prohibited events without obtaining a Small Games of Change license Drug use and/or possession Illegal possession of drugs; furnishing, selling, or distributing drugs; illegal manufacture of drugs; and other drug violations. 4.4 Assault or fighting Includes physical or verbal assault, inciting violence, or intentionally or recklessly causing harm to a person or persons. 4.5 Sexual Assault Any unwanted or unwelcome physical, written, or verbal sexual advance or contact Potential Sanctions Minor Administrative Warning Administrative Probation Restriction of privileges Community service Creating presentation or display Training Community service Creating presentation or display Training Attend drug education program Community service Creating presentation or display Training Administrative Warning Administrative Probation Restriction of privileges Administrative Warning Administrative Probation Restriction of privileges Administrative Warning Administrative Probation Restriction of privileges Community service Creating presentation or display Training Counseling sessions (Not applicable) Educational Community service Creating presentation or display Training Major Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges 4.6 Harassment Verbal, physical, or sexual harassment. 4.7 Other violations of law Community service Creating presentation or display Training Counseling sessions Community service Creating presentation or display Training Administrative Warning Administrative Probation Restriction of privileges Administrative Warning Administrative Probation Restriction of privileges Restitution for cost of replacement of damages Administrative Suspension Loss of recognition Loss of privileges Administrative Suspension Loss of recognition Loss of privileges Sanction Guidelines: - Sanctions listed are suggested sanctions. The final decision will come from the Student Organization Conduct Committee and may be a combination of sanctions listed above or alternate sanctions - Educational sanctions can be stand-alone sanctions or be added to either minor or major sanctions. - Sanctions may also include referral to Student Conduct or the Residence Life judicial process - The sanction should fit the violation. o For example, if a student organization is found responsible for leaving its office space a mess, the sanction should be to create or participate in a project that stresses the importance of cleanliness. - Violations considered to be “major” may include repeat offenses, multiple infractions, and/or incidents with substantial or serious negative impact on a person or group of people, the University or its facilities, or the student organization itself. Appendix D Initial Review To Determine Routing by SOCC Advisor and Chair Disciplinary Conference Discussion between SOCC Advisor, Chair, and organizational representatives Not Responsible No charges and sanctions assigned (case closed) Contest Charges and sanctions assigned and contested – proceed to hearing Hearing dependent of severity of sanctions Hearing Not Responsible No charges and sanctions assigned (case closed) Responsible Charges and sanctions assigned and accepted (case closed) Hearing Responsible Charges and sanctions assigned Appeal Option Directed to Associate Director of Student Activities