Student Organization Disciplinary Process - Student Affairs

advertisement
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
Download