Student Conduct Standards and Processes

Point Park University upholds the standards set forth in all state and federal laws with respect to the consumption, sale, and possession of alcohol by persons under the age of 21. Behavior which abuses the lawful use of alcohol is also prohibited.

The University prohibits alcohol intoxication; the unauthorized possession, use, consumption, manufacture, sale, or distribution of alcohol; and driving while impaired due to alcohol consumption. Specifically this includes, but is not limited to:

• Students under the age of 21 are not permitted to consume, transport, or possess alcoholic beverages.
• No Point Park student, regardless of age, may provide alcohol to anyone under 21 years of age.
• No Point Park student or guest, regardless of age, is permitted to be intoxicated on campus.
• The possession of beer kegs, cases of beer, or any common source container in any University building, facility, or property, unless authorized by University administration, is prohibited. There may be no more than 1 case quantity of beer per room/suite/apartment.
• The consumption of alcohol in public areas on campus is prohibited unless otherwise stated by University officials.
• The possession of any apparatus used to facilitate the rapid consumption of alcohol or drinking games is prohibited.
• Students will be held responsible for the actions of their guests who fail to comply with the University Alcohol Policy.

• No person, regardless of age, may consume or possess alcohol in a room where the residents are under the age of 21. Also, there may not be alcohol in a room where all room residents are under the age of 21, regardless of the age of any guests present.
• Residents and their guests of legal drinking age may consume alcoholic beverages within the privacy of their room, with the door closed.
• Alcoholic beverages are not permitted in public (common) areas of the residence halls (e.g., lounge spaces) without the express, written permission of the Dean of Student Affairs.
• Alcohol consumption is prohibited in all residence building hallways.
• Students and their guests who appear to be intoxicated will be stopped by Security, Public Safety, and/or Student Life staff to assess any wellness or safety issues. Intoxicated, or seemingly intoxicated, guests will not be permitted access to the residence halls. Students who appear intoxicated must comply with the direction given by staff.

All alcohol policy violations will be referred to the Office of Student Conduct for disciplinary action; and as permitted under FERPA, Point Park University, at its discretion, may contact parents or guardians of students under 21 in alcohol-related incidents.

Point Park University strictly adheres to federal and state laws with respect to prohibiting the possession, use, distribution, and cultivation of illegal or controlled substances and drug paraphernalia. Per PA Senate Bill 1006 synthetic marijuana (salvia and bath salts) are now illegal in PA as well. The misuse of legal drugs is also prohibited-this includes the misuse of one's own prescription medical and using a medication prescribed to another. Evidence of drug use such as paraphernalia, smoke, or smell is also prohibited and a violation of this policy.

Any student believed to have violated the drug policy will be referred to the Office of Student Conduct; and as permitted under FERPA, Point Park University, at its discretion, may contact parents or guardians of students under 21 in drug-related incidents.

Any campus student conduct system must have, at its core, the intention to adhere to the fundamental rights and responsibilities inherent in scholarly inquiry, civil discourse, and intellectual rigor. No university community can exist if these values are not safeguarded and explored, free from violence and bias.

With this in mind, the University has set forth reasonable expectations and standards of behavior in the Statement of Community Responsibilities and Expectations. The goal of this statement is to put in place the community’s procedures for resolving conflict, educating community members as to standards of interaction, and, if necessary, removing from our community those who will not adhere to these standards.

The purpose of the Code of Student Conduct is to delineate non-academic standards of conduct appropriate to the University in consonance with the educational goals of the University. A student enrolling in the University assumes a responsibility to conduct him/herself in a manner compatible with the University’s function as an educational institution. Students at the University are provided a copy of the Code of Student Conduct annually in the form of a link on the University website, www.pointpark.edu/StudentLife/StudentConduct. Students are responsible for having read and abiding by the provisions of the Code of Student Conduct. The Code and the Procedural Guidelines may be changed at the discretion of the University. (NCHERM)*

The student is expected to respect and abide by local ordinances, and state and federal statutes, both on and off campus. As a member of the educational community, s/he is expected to abide by the institution’s Code of Student Conduct which clarifies those behavioral standards considered essential to its educational mission.

*The NCHERM Group Model Code Project, 2013.

For any of the following amnesty provisions to take effect, the Director of Student Development will send the student a letter outlining the conditions of amnesty. Students will be held to the language within the letter. If any agreements made within the letter are broken by the student amnesty may be revoked. Abuse of amnesty requests can result in a decision by the Director of Student Development not to extend amnesty to the same person repeatedly.

For Victims

The University may provide amnesty to victims who could be hesitant to report to University officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident. If amnesty is given, educational options will be explored, but no conduct proceedings or conduct record will result.

For Those Who Offer Assistance

To encourage students to offer help and assistance to others, University can pursue a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Director of Student Development, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.

For Those Who Report Serious Violations

Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the University may be offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result.

Safe Harbor

The University may institute a Safe Harbor rule for students. The University believes that students who have a drug and/or addiction problem deserve help. If any University student brings their own use, addiction, or dependency to the attention of the Director of Student Development outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint may not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated. (NCHERM)*

*The NCHERM Group Model Code Project, 2013.

Student groups and organizations, including athletic teams, may be charged with violations of this Code. A student group or organization may be held collectively responsible and its officers may be held individually responsible when violations of the Code by those associated with the group or organization have occurred.

A position of leadership in a student group, organization, or athletic team entails responsibility. Student officers cannot permit, condone, or acquiesce in any violation of this Code by the group or organization.

“Student” means any person registered or enrolled in a University program or course of study at Point Park University, either full-time or part-time; any person who may not be enrolled for a particular term but has an ongoing relationship with the University; or any person notified of their acceptance for admission.

“University Official” means any person employed or contracted by the University who is assigned administrative or professional responsibilities.

“Member of the University Community” means any student, alumni, faculty member, University official, or employee of the University.

“Offense” means conduct and/or attempts to engage in conduct inappropriate to the University community for which action may be instituted.

“University Property” means all property owned, leased, or controlled by the University.

(are committed when a student or student organization):

1. Uses intimidation, verbal abuse, threats, harassment, coercion, and/or any other conduct which causes a person to be fearful of physical harm or threatens or endangers the health or safety of a person.
2. Physically abuses, assaults, or injures another person.
3. Intentionally slanders or libels another person.
4. Obstructs or interferes with another person’s civil rights.
5. Commits an act of sexual misconduct.
6. Sexually harasses another person.
7. Exhibits behavior of any kind that imperils or jeopardizes the health and safety of any person or persons. This includes any action which could be injurious to self or others.
8. Knowingly, whether with or without consent, hazes another student.
9. Commits any act prohibited by this Code or University policy because of a person’s race, ethnicity, religion, color, national origin, sex, age, ancestry, disability, veteran status, sexual orientation, height, weight, genetic information, marital status, gender identity, caregiver status, or familial status.
10. Creates a hostile educational, living, or work environment through harassing or other bullying behaviors.
11. Uses verbal and/or written communication that is persistent, excessive, offensive, or unwanted which causes a person to feel uncomfortable, annoyed, or harassed.
12. Deliberately and publicly exposes one’s intimate body parts, publicly urinates or defecates, and/or commits public sex acts. (NCHERM)*

*The NCHERM Group Model Code Project, 2013.

(are committed when a student or student organization):

1. Knowingly, and without consent or authorization, has in his or her possession property of another person or the University.
2. Knowingly, and without consent or authorization, removes, uses, misappropriates, or sells the property of another person or the University.
3. Damages or destroys property owned or in the possession of another person or the University.
4. Obtains the property owned by another person or the University, by misrepresentation or fraudulent means.
5. Enters property or uses facilities of another person or the University without consent or authorization.
6. Gambles as prohibited by the laws of the Commonwealth of Pennsylvania. Gambling may include raffles, lotteries, sports pools, and online betting activities. (NCHERM)*

*The NCHERM Group Model Code Project, 2013.

(are committed when a student or student organization):

1. Fails to comply with the directive(s) of a classroom instructor or causes disruption of the classroom atmosphere; including but not limited to the classroom, fieldtrips, group projects, and electronic correspondence.
2. Abuses or damages University property by using it in a manner inconsistent with its designated purposes.
3. Forges, alters, possesses, duplicates, or uses documents, records, keys, or identification improperly.
4. Falsifies records, or submits false information or records to a University official or office.
5. Fails, without just cause, to comply with the lawful directions of a University official acting in the performance of his or her duties and authority.
6. Refuses to respond to a legitimate request to report to a University official.
7. Fails to present University identification upon request by an authorized University official.
8. Purports to represent the University or another person in the University community improperly and without authorization.
9. Intentionally obstructs the operation and functions of the University.
10. Knowingly, and without consent or authorization, misuses or misappropriates services provided by the University.
11. Violates any other published University policy or regulation.
12. Exhibits conduct unbecoming a University student.

(are committed when a student or student organization):

1. Violates the University’s Weapons Policy by possessing or manufacturing firearms, explosives, dangerous weapons, or other articles or substances injurious to persons or property.
2. Falsely reports a fire, activates emergency warning equipment, or communicates false information regarding the existence of explosives on University property.
3. Refuses to vacate buildings, sidewalks, driveways, or other facilities of the University when directed to do so by an official of the University having just cause to so order, unless official government actions be declared.
4. Abuses, misuses, removes, or damages fire or safety equipment.
5. Uses, posses, or distributes illegal drugs and other controlled substances or drug paraphernalia in violation of the law and/or the University’s Drug Policy. (NCHERM)*
6. Uses, possesses, or distributes alcoholic beverages or paraphernalia in violation of the law and/or in violation of the University’s Alcohol Policy. (NCHERM)*

*The NCHERM Group Model Code Project, 2013.

(are committed when a student or student organization):

1. Attempts to intimidate, coerce, or influence a person by any means in an effort to discourage or prevent his/her use of, or participation in, any student conduct process or proceeding.
2. Attempts to influence the impartiality of any member of a student conduct body prior to, or during, the course of a student conduct proceeding.
3. Fails to respond to the summons of a student conduct body or official.
4. Knowingly falsifies, distorts, or misrepresents information before a student conduct body.
5. Disrupts or interferes with the orderly conduct of a student conduct proceeding.
6. Knowingly institutes a student conduct proceeding without proper cause.
7. Fails to complete student conduct sanctions by the stated deadline or violates the terms of any student conduct sanctions imposed in accordance with this code.
8. Influencing or attempting to influence another person to commit an abuse of the Code of Student Conduct system.

The Vice President of Student Affairs is vested with the authority over student conduct by the President. The Vice President of Student Affairs appoints a Director of Student Development to oversee and manage the student conduct process. The Vice President of Student Affairs and Director of Student Development may appoint administrative hearing conference and appeals officers as deemed necessary to efficiently and effectively supervise the student conduct process. The Vice President of Student Affairs reviews and approves all policies and procedures regarding the Code of Student Conduct on a yearly basis. (NCHERM)*

 The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. Such action may include taking student conduct action against those students whose behavior off-University premises constitutes a violation of this Code. Students are responsible for their behaviors on and off campus and are expected to abide by the Code of Student Conduct, as well as all University policies and procedures at all times. Students are obligated to notify the Office of Student Conduct of any behavior that *occurs off campus that violates local/federal law and/or University policies including being documented on another University’s campus.

 Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct procedures are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Due process, as defined within these procedures, assures written notice and a hearing before an objective decision-maker. No student will be found in violation of University policy without information showing that it is more likely than not that a policy violation occurred and any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student. (NCHERM)*

 There is no time limit on reporting violations of the Code of Student Conduct; however, the longer someone waits to report an offense, the harder it becomes for University officials to obtain information and witness statements and to make determinations regarding alleged violations. (NCHERM)*

 All University community members including guests should report infractions of this Code, as well as any behavior they believe to be suspicious, to the Office of Student Life. The Administrator on Duty (AOD) will take a report of the individual infraction/behavior and send the report to the Director of Student Development. Public Safety will be contacted should police involvement be needed or requested. Though anonymous complaints are permitted, doing so may limit the University’s ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Office of Student Life and/or to Public Safety. (NCHERM)*

 No complaint will be forwarded for a hearing unless there is reasonable cause to believe a policy has been violated. Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or a victim’s statement. A complaint wholly unsupported by any credible information will not be forwarded for a hearing. (NCHERM)*

 *The NCHERM Group Model Code Project, 2013.

1.All incident reports will be received and investigated by the Director of Student Development.

2.Based on that review/investigation, the Director of Student Development will make the decision regarding what policies were allegedly violated, if any, and the process, if any, that the student can follow to resolve the issue.

3.Point Park University can take administrative action based on an incident report by issuing warning letters to any university student. These letters will not be considered a part of one’s official student conduct file. However, these letters will be considered as a part of the administrative record to be considered in any future incidents involving the student. Administrative files are not shared with outside agencies when student conduct files are requested unless in conjunction with local, state or federal laws.

4.For more serious incidents, students will be charged and will receive a letter that includes:

• The policies in which they are being charged with violating
• The date in which the alleged violation occurred
• The time, date, and location to report to resolve the student conduct matter, generally through a student conduct meeting.

5.The Office of Student Conduct reserves the right to substitute a student conduct meeting with a summary judgment. Should a student receive a summary judgment for an incident in which they were involved, the student has the right to accept the summary judgment or request a student conduct meeting.

6.In situations where the accused student is suspected of violating the Code of Student Conduct and deemed to be a clear and present danger to the campus community, an individual, or to him/herself, the Vice President of Student Affairs or designee may impose an interim suspension that occurs immediately, not to exceed 21 business days, while a formalized hearing is organized. Imposition of an interim suspension is not *the equivalent of a finding of responsibility. Students will not be able to attend class, reside in the residence halls, or be on any property owned or leased by the University during an interim suspension. During an interim suspension, the student is also banned from all University sponsored events, on or off campus. You have the right to contest this suspension within 48 hours of notification. To contest the Interim Suspension, you must submit in writing a letter to the Vice President of Student Affairs explaining why the Interim Suspension should not be upheld.

A student conduct meeting will consist of a formal, non-adversarial meeting between the accused student and a student conduct officer as designated by the Director of Student Development. Student conduct officers are chosen from a pool of trained University representatives selected by the Director of Student Development. (NCHERM)* Charged students may request the Office of Student Conduct call appropriate and relevant witnesses on their behalf. Charged students may also request an informational meeting prior to the student conduct meeting to ask any questions, go over the charges, and review the process. Accused students who fail to appear after written notice (including email) has been given will be deemed not to have contested the allegations against them; however, a student may elect not to speak on his or her own behalf. Students who fail to be present for their student conduct meeting will waive their right to appeal.

1.  Written notice of the specific charges and date of the scheduled meeting provided at least three days prior to the meeting.
2. Reasonable access to the case file at least three days prior to, and during, the meeting. A casefile is part of the student’s education record under the Family Educational Rights and Privacy Act of 1974 (FERPA). The personal notes of University staff members are not included in the case file. The case file will be retained in the Office of Student Conduct. Students should schedule an informational meeting prior to their student conduct meeting with the Office of Student Conduct to review his or her file.
3. Prior to the student conduct meeting, the charged student may challenge the student conduct officer on the grounds of personal bias. The Vice President of Student Affairs will review the case and decide if a new student conduct officer will be assigned.
4. Accused students who fail to appear after written notice, which includes email notice, will be deemed not to have contested the allegations against them; however, a student may elect not to speak on his or her own behalf. In such cases, the student conduct meeting officer’s decision will be based solely on witness accounts and other information presented during the proceeding.
5.  Student conduct meeting will be closed to the public.
6. The student conduct officer will exercise control over the proceedings to maintain proper decorum and achieve an orderly completion of the meeting. Anyone disrupting the meeting, including the charged student, the support person, or witnesses, may be removed or excluded from the meeting by the student conduct officer, the Director of Student Development, or designee. Such disruption is a violation of this Code, and a person may be charged following his or her disruption and removal.
7. Only the immediate parties and the charged student’s support person, if applicable, to the alleged violation may be present throughout the hearing. Accused students have the right to a support person of his/her choosing, but this person has no role in the student conduct meeting and may not speak or address the student conduct officer for any reason.
8.  The opportunity to respond to the evidence and call appropriate and relevant witnesses. It is expected that all witnesses will provide information that is true and correct. Any student who knowingly provides false information during a student conduct meeting will be charged.
9. Statements may be accepted, or other accommodations made, at the discretion of the Director of Student Development or designee in lieu of live testimony if a witness is out of state or otherwise determined to be unavailable. These arrangements are to be made prior to the day of the student conduct meeting.
10. Audio and video recording of student conduct meetings by anyone are prohibited.
11. The student conduct officer will question all parties in an effort to establish the factual record. On disputed points, a preponderance of the evidence available, fairly considered, will decide the facts. A preponderance of the evidence means that it is more likely than not that a fact is true or an event occurred.
12.  The charged student may question all witnesses.
13. Reports of the student conduct meeting shall include a finding of fact, mitigating and aggravating circumstances, a determination of whether or not the charged student is in violation of the alleged misconduct, and possible sanctions. If the student conduct officer determines the charged student to be in violation, the Vice President of Student Affairs, Director of Student Development, or designee will review the findings and will impose all sanctions. Sanctions may be appealed based on criteria set by the University.
14.  The accused student will receive, in writing, within a reasonable amount of time, the decision of the student conduct officer and the sanction(s) determined.

All conduct records are maintained by the University for seven (7) years after graduation or the date of last attendance. Records that result in separation (suspension or expulsion, including from housing), and those that fall under Title IX, will be maintained indefinitely. (NCHERM)*

 Student Conduct Record Expungement

Student Conduct record expungement will only be considered for students who did not receive suspension or expulsion and whose violations were determined to have not threatened or endangered the health or safety of any person. The present demeanor of the student; the conduct of the student subsequent to the violation; and the nature of the violation and the severity of any damage, injury, or harm resulting from it will also be considered. (NCHERM)www.pointpark.edu/StudentLife/StudentConduct. * At the time of consideration, the student must have earned 90 academic credits and achieved senior standing. For details, contact the Office of Student Conduct at 412-392-8029.

In the event of a conflict between the terms of this Code of Student Conduct and any other provision of the Student Handbook, the terms of this Code shall govern.