Student Code of Conduct
2024 – 2025

Model Student Code Template
Table of Contents
Overview................................................................................................................................. 1
Jurisdiction............................................................................................................................. 1
Applicability........................................................................................................................... 2
Areas of Responsibility............................................................................................................ 2
Communication...................................................................................................................... 2
Definitions.............................................................................................................................. 2
Behavioral Expectations.......................................................................................................... 5
Student Conduct Process (Non-Sex Discrimination Matters)..................................................... 9
Overview.............................................................................................................................. 9
Burden of Proof.................................................................................................................... 9
Standard of Proof.................................................................................................................. 9
Use of Advisors...................................................................................................................10
Submitting a Referral...........................................................................................................10
Referral Review..................................................................................................................10
Evidence.............................................................................................................................10
Notice of Charges................................................................................................................11
Investigation.......................................................................................................................11
Student Organizations....................................................................................................11
The Student Conduct Conference..........................................................................................11
Conflict Resolution..............................................................................................................12
Scheduling the Hearing........................................................................................................12
Hearing Procedures.............................................................................................................13
Closed Hearings.............................................................................................................13
Hearing Attendance.......................................................................................................13
Witnesses......................................................................................................................13
Hearing Outcomes.........................................................................................................13
Educational Outcomes.........................................................................................................14
Individual Student Educational Outcomes.......................................................................14
Student Organization Educational Outcomes....................................................................15
Interim Measures................................................................................................................16
Appeals...............................................................................................................................17
Disclosure of Discipline Records & Records Retention............................................................18
Related Community Standards Policies...................................................................................19

Overview
Pennsylvania Western University is an academic community whose membership includes Students, faculty,
staff, and administrators. The University Community exists for the pursuit of learning, the transmission of
knowledge, the development of Students as scholars and citizens, and ultimately, for the general well-being of
society. Freedom of inquiry, speech, action, and expression is indispensable in the attainment of these goals.
Students, as members of the University Community, are encouraged to engage in a sustained, critical, and
independent search for knowledge.
The student conduct program supports this endeavor through policies that balance the freedom of the
individual student with the interests of the University Community as a whole, and procedures that apply these
policies in an equitable and consistent manner.
As members of the University Community, all Students are expected to uphold and abide by the standards set
forth in the Student Code of Conduct. These standards are reflective of the University’s core values - civility,
integrity, and responsibility – and the following Rights & Responsibilities:


We have the right to safety and security;

We have the responsibility to ensure the safety and security of others.



We have the right to be treated with respect;
We have the responsibility to treat others with respect.




We have the right to expect the best;
We have the responsibility to give our best.




We have the right to be treated fairly;
We have the responsibility to treat others fairly.

The student conduct process attempts to teach civic principles within the context of the academic mission.
The process views Students as adults, and as such, expects them to be aware of applicable local, state, and
federal laws, as well as all published University policies, procedures, and rules.
Violation of the Student Code of Conduct may subject a Student to action through the student conduct process.
Where warranted, violations may also be referred for action through appropriate law enforcement agency or
court. The University may initiate an investigation and proceed with resolution within the scope of its
authority, responsibility, and jurisdiction, without regard to the commencement or disposition of any civil or
criminal court proceeding.

Jurisdiction
Matters subject to conduct jurisdiction may be resolved through the student conduct system, regardless of
any actions that may be brought in civil or criminal court systems. The University’s jurisdiction over alleged
conduct violations extends to actions committed by Students and Student Organizations:
• at any place of university operation, including all campuses, satellite, and remote locations;
• while attending or participating in university events, activities or programs, either in-person or
otherwise;
• when otherwise off-campus and where the action:
o significantly breaches the peace (i.e., results in initiation of a criminal action by law enforcement
authorities);
o substantially infringes upon the personal or property rights of another member of the University
Community; or
o is otherwise detrimental to the educational mission and/or a substantial interests of the University.
The University retains jurisdiction over conduct violations occurring while an individual is a Student,
regardless of any withdrawal, leave of absence, or graduation.
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Applicability
This Code of Conduct is issued pursuant to 22 Pa. Code Chapter 505 and Board of Governors Policy 1984-13-A,
and applies to all Students and Student Organizations. It is intended to be consistent with any referenced
University policies and will be construed to avoid inconsistency; however, to the extent that there is an
irreconcilable conflict between this Code of Conduct and any University policy, the document with the latest
approval date will control.

Areas of Responsibility
The Senior Vice President for Institutional Effectiveness and Student Affairs serves as the President’s designee
for the general oversight of Student conduct matters. Specific responsibility for the administration of conduct
matters is delegated to the Dean of Students. The Dean of Students may further delegate responsibility to
various Student conduct bodies and administrative staff.
The University Title IX Coordinator, with the assistance of the Deputy Title IX Coordinators, coordinates
compliance with Title IX and responds Reports of Student conduct matters involving Sex Discrimination,
including Sex-Based Harassment.
Specific rules for the use of University resources or participation in University functions may be developed
in addition to this Code of Conduct. These rules, most of which are included in the attached Community
Standards, may be dealt with by the offices in charge of the resources or functions or referred to the Dean of
Students Office as deemed appropriate by the University based on the nature of the action.

Communication

University-issued electronic mail (email) is the official means of communication on all matters pertaining to
the Student Conduct System. If a party to a Student conduct matter is no longer a Student or employee of the
University, notifications will be directed via reasonable means. Students are expected to check their
University email accounts on a daily basis. Further, Students are responsible for updating the Registrar of any
email address or other changes to the means of contact.

Definitions
Except as otherwise provided herein, the language contained in this document shall be construed according to
ordinary common usage.
Advisor: An individual who may be present to support a party throughout the conduct process. The Advisor
may be a member of the University Community, an attorney, or other individual selected by the party. The
Advisor may accompany the party they are supporting to any hearing or meeting that the party is required to
attend. Each party is responsible for coordinating and scheduling with their choice of Advisor.
In all conduct matters, the Advisor may communicate only with the party they are supporting and may not
otherwise speak for, or on behalf of, the party.
Appeals Officer: The individual or individuals with the authority appointed by the University to decide appeals.
The Appeals Officer will be free of conflict of interest and bias, and will not serve as the Investigator, advisor to
any Party or a Decision Maker in the same matter.
Confidential Resources: University employees and off-campus organizations who are not required to report
identifiable Student information regarding an incident of Sex Discrimination to the Title IX Coordiantor.
Consent: (For purposes of the Prohibited Behavior Definitions relating to Sex Discrimination) a knowing and
voluntary agreement to engage in specific sexual activity at the time of the activity communicated through
clear actions and/or words that are mutually understood.
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In order to be valid, Consent must be active, present and ongoing.
Consent is not present when it is the result of coercion, intimidation, force, or threat of harm. Consent is not
present when an individual is incapacitated due to alcohol, drugs, or sleep, or otherwise without capacity to
provide consent due to intellectual or other disability or other condition. Consent can be withdrawn at any
time and consent to one form of sexual activity is not necessarily consent to other forms of sexual activity.
When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is
involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug.
Alcohol and other drugs impact each individual differently. Determining whether an individual is
incapacitated requires an individualized determination. When determining whether a person has the capacity
to provide consent, the University will consider whether a sober, reasonable person in the same position knew
or should have known that the other party could or could not consent to the sexual activity.
When determining whether consent has been provided, all the circumstances of the relationship between the
parties will be considered.
Day: For purposes of measuring days within which an event is required under the Student Code of Conduct
(e.g., scheduling a hearing, issuing a Student conduct decision, or filing an appeal), days are defined and
counted as business days.
Determination: The adjudication of an alleged violation of the Student Code of Conduct.
Educational Outcome: An outcome imposed based upon a finding of responsibility for a violation of the
Student Code of Conduct, including any modifications of a Student or Student Organization status or standing,
and any additional assigned requirements.
Good Disciplinary Standing: A Student or Student Organization is considered in Good Disciplinary Standing if
the Student or Student Organization is not currently under any Probation, Suspension or Expulsion. Student
Organization standing will not impact an individual Student’s standing.
Hearing: The resolution method facilitated by a University Conduct Board or a Hearing Officer involving the
parties, witnesses and evidence with the Referred Party having a right to appeal.
Hearing Officer: A single decision-maker given the authority to review and issue a determination in a Student
conduct matter other than a matter involving charges where the possible educational outcome is suspension
or expulsion. Student conduct matters involving possible educational outcomes of suspension or expulsion are
determined by the University Conduct Board.
Investigator: An individual employed or appointed by the University to conduct an investigation in Student
conduct matters.
Referral: A written report of alleged Student Code of Conduct violations, excluding Sex Discrimination
violations made by a member of the University Community against a Student or Student Organization/Group.
Referring Party: A member of the University Community who has submitted a Referral alleging a violation of
the Student Code of Conduct. University Community members making Referrals as part of their duties will act
as witnesses in the process.
Report: An allegation, other than a Referral, of a violation of the Student Code of Conduct made against any
Student or Student Organization/Group.
Reporter: An individual who submits a Report to the University alleging a violation of the Student Code of Conduct.
University Community members making Reports as part of their duties will act as witnesses in the process.
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Referred Party: The Student(s) or Student Organization/Group alleged to have violated provisions of the
Student Code of Conduct.
Sex Discrimination Investigator: The Title IX Coordinator or the individual designated by the Title IX Coordinator
to perform an investigation under the Sex Discrimination and Sex-Based Harassment Policy.
Student: Any person:
(1) seeking admission to the University through the formal University application process;
(2) admitted to the University,
(3) eligible to register or schedule for classes, or (4) living in University or University-affiliated residence halls
even though they are not enrolled at the University.
The term “Student” shall include Employees, Volunteers and Officials where the Employee, Volunteer or
Official otherwise meets the enrollment criteria set forth in this definition.
Student Conduct Conference: This meeting provides the Referred Party with the opportunity to: discuss the
allegations that led to the Report or Referral; review and discuss additional information about the Student
conduct process, including information regarding their rights and options and, where appropriate, the
availability of informal resolution; receive information regarding the range of potential Educational Outcomes
for the charged violation(s), should the charges be substantiated.
Student Organization: Any organized group, that has complied with, or is in the process of complying with
the University’s requirements for registration or recognition; receives funds from the University’s Student
Association/Student Government Association; or is formed through University academic, athletic, or other
departments.
Title IX Coordinator: The individual designated by the University, with assistance of the Deputy Title IX
Coordinators, to coordinate the University’s compliance with Title IX and the Violence Against Women Act
(“VAWA”) and to respond to Reports of violations. The Title IX Coordinator may not have a conflict of interest
or bias for or against an individual party, or for or against Complainants or Respondents in general. The Title
IX Coordinator may serve as the Investigator of a Formal Complaint. The Title IX Coordinator may serve as the
Investigator of a Formal Complaint for Formal Complaints against Respondents who are Employees. The Title
IX Coordinator may not serve as a Decision Maker or Appeals Officer.
University: Pennsylvania Western University (PennWest).
University Community: The students and employees (including faculty) of the University. For purposes of
Referrals, the University Community also includes guests and visitors of the University, and employees of the
University’s affiliated entities.
University Conduct Board: A group of trained individuals representing the University community that hear the
facts of a Student conduct matter from all involved parties. Based on the facts, the board determines a
decision of “responsible” or “not responsible” and determines appropriate Educational Outcomes when
required. The University Conduct Board will have a quorum of three voting members representing faculty,
staff and students. University Conduct Board hearings will be run by a non-voting chair. Each campus Faculty
Senate and Student Government Association will be asked to recommend board members.
In matters involving allegations of Sex Discrimination, Students will not be selected to serve as panel
members. In Sex Discrimination matters, the University Conduct Board members are selected from a pool of
members who have been trained in the University’s conduct process concerning Sex Discrimination.

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University Property: All objects, items and real estate owned or controlled by the University, starting from the
curbed edge inward, as well as sidewalks and building entrances.

Behavioral Expectations
Academic Integrity – Allegations of academic misconduct are addressed under specific procedures outlined in
the University’s academic integrity policy, which is published at https://assets-global.website-files.com/61d6fd0e48b8c90ff2b291b8/62b337cac6ee2f635fbf6f5b_Academic Integrity - AC059.pdf. Violations of that policy may
include Educational Outcomes up to and including suspension or dismissal from the university.
Alcohol – (a) Underage use or possession (including constructive possession); (b) public intoxication;
(c) distributing, selling, or furnishing of alcoholic beverages without a license or to underage individuals; (d)
driving or operating a vehicle under the influence; (e) possession of open containers of alcoholic
beverages;* (f) paraphernalia used for consumption of alcohol;* or (g) use, possession, or consumption of
alcohol over 21 years of age on University property.*
*Violations apply except as expressly permitted by law and the University Alcohol Policy. See Policy for more
information.
PLEASE NOTE: The University maintains a Medical Amnesty Policy, which provides limited exceptions to
charges under this section in the interest of encouraging Students to seek help for drug- or alcohol-related
medical emergencies. Please refer to the University’s Medical Amnesty Policy. See Policy for more
information. See Policy for more information. medical-amnesty.pdf (pennwest.edu)
Complicity – (a) Actively assisting in the commission of a violation; or (b) actively supporting or encouraging
the violation.
Disruptive Conduct – Actions that are disorderly, unnecessarily disturb others, or are disruptive to the normal
University activities, operations or functions.
Drugs – (a) Use, possession, constructive possession, sale, and/or use of controlled substances; (b) possession
of drug paraphernalia; (c) possession of a significant quantity, manufacturing, distribution, or sale of any
controlled substances; (d) driving or operating a vehicle under the influence; (e) administering any
prescribed, controlled, or illegal substance to another person without their consent; (f) misuse of prescribed
or controlled substances, except as expressly permitted by law and the University Drug Policy. See Policy for
more information. alcohol-drugs.pdf (pennwest.edu)
PLEASE NOTE: The University maintains a Medical Amnesty Policy, which provides limited exceptions to
charges under this section in the interest of encouraging Students to seek help for drug- or alcohol-related
medical emergencies. Please refer to the University’s Medical Amnesty Policy. See Policy for more
information at at medical-amnesty.pdf (pennwest.edu).
Failure to Comply – (a) Failure to follow the reasonable directive(s) of University officials made in the
performance of their duties, including providing identification, (b) failure to comply with a Educational
Outcome or condition issued in connection with a Student conduct action.
False Information – (a) Making, using, or possessing any falsified document or record; (b) knowingly making a
false Report or providing false information in connection with a University inquiry or investigation;
(c) altering or forging any University document or record, including identification, meal or access cards, and
parking permits; or (d) other intentional misrepresentation to, or deception of, a University official.
Gambling – Engaging in any gambling activities except as authorized by state or federal law.
Harassment – Engaging in conduct with the intent to harass, annoy, or alarm another person.  This provision is not intended to prohibit constitutionally protected activity. The following behaviors are examples of
harassing conduct when engaged in with the requisite intent: following another person in a common or public
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space; repeated communication during extremely inconvenient hours or after the other person objects to
further communication; and otherwise engaging in a course of conduct that serves no legitimate
purpose. This includes, but is not limited to, conduct in person or delivered by direct or indirect means via
notes, phone calls, and/or use of social media or other electronic media.
Hazing – Engaging in conduct by any individual or organization that is prohibited by the Anti-Hazing Law of
Pennsylvania, and/or the University’s Anti-Hazing Policy.  A copy of the University’s Anti-Hazing Policy can be
found at: anti-hazing.pdf (pennwest.edu).
Information Technology Policy – Engaging in conduct that violates the University’s acceptable use policy, a
copy of which can be found at: acceptable-use.pdf (pennwest.edu).
Law – Conduct resulting in: (a) evidence of violation of local, state or federal criminal laws as substantiated
through the University/College’s conduct process; or (b) disposition of local, state or federal criminal charges
that have resulted in a finding of guilt, regardless of whether the finding is the result of a guilty plea, no
contest (also known as nolo contendere) plea or finding of guilt at trial.
Misuse of University Brand – Unauthorized use of the University name, logo, insignia, trademarks or other
protected marks of the University.
Physical Harm – Intentionally or recklessly engaging in conduct that causes physical harm or that creates a
substantial risk of harm to the health or safety of another person.
Residence Life Policy – Engaging in conduct that violates the University’s residence life agreement, addendums
and policies, which can be found at:
California: https://www.calu.edu/student-life/living-at-calu/housing-options.aspx
Clarion: https://clarion.edu/student-life/living-at-clarion/campus-housing/index.html
Edinboro: https://www.edinboro.edu/life-at-the-boro/living-on-campus/
Retaliation – Intimidation, threats, coercion, or discrimination against any person by the University, a
student, or an employee or other person authorized by the University to provide aid, benefit, or service under
the University’s education program or activity, (a) for the purpose of interfering with any right or privilege
secured by Title IX, or (b) because the person has reported information, made a complaint, testified, assisted,
or participated or refused to participate in any manner in an investigation, proceeding, or hearing, including
in an informal resolution process, in grievance procedures, and any other actions taken by the University.
Safety – Engaging in conduct that violates University fire and safety regulations, policies and rules.
Prohibited conduct includes:
• setting intentional or unintentional unauthorized fires;
• blocking or obstructing University walkways, roadways, and paths of ingress/egress;
• use and/or possession of prohibited incendiary or combustible materials and devices
(for example, candles, torches, vaping equipment, e-cigarettes);
• unauthorized use of electrical devices or chemical agents, regardless of whether such unauthorized
use results in fire or damage to University or personal property;
• failure to evacuate when directed by an official, alarm, or other reasonable means
• creating any hazardous condition that endangers the health and safety of themselves or others;
• tampering or improper use of fire safety systems and equipment;
• tampering or improper use of other safety equipment (e.g., AEDs, Emergency Phones, First-Aid kits,
opioid or other medication rescue materials) or devices (e.g., safety signage, door locks, etc.)
• initiating bomb threats or false Reporting of a bomb, fire or other emergency.

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Sexual Exploitation: Engaging in sexual behaviors directed toward or involving another person or any act
where one person violates the sexual privacy of another when Consent is not present. This includes, but is not
limited to:
Prostituting another person; Watching or taking pictures, videos, or audio recordings of another person in a
state of undress without their Consent or of another person(s) engaging in a sexual act without the Consent of
all parties; Disseminating, streaming, or posting images, pictures or video, or threatening to, of another in a
state of undress or of a sexual nature without the person’s Consent; Letting others watch you have sex without
the knowledge and Consent of your sexual partner; Indecent exposure or inducing others to expose private
or intimate parts of the body when Consent is not present; Inducing incapacitation for the purpose of making
another person vulnerable to non-consensual sexual activity. Possession of child pornography, voyeurism, or
knowingly exposing another individual to an STI or HIV; and Any sexual act prohibited by applicable law.
Sex Discrimination:
PennWest prohibits all Sex Discrimination Violations, as defined in the University Sex Discrimination and
Sex-Based Harassment Policy located here. Sex Discrimination is discrimination on the basis of sex, including
discrimination on the basis of sex, sex stereotypes, sex characteristics, pregnancy or related conditions,
sexual orientation, and gender identity. This includes discrimination based on perceived identity whether
that perception is accurate or not. Sex Discrimination also includes Sex-Based Harassment as defined in the
University Sex Discrimination and Sex-Based Harassment Policy and below.
Sex-based Harrassment:
PennWest is committed to providing a harassment-free atmosphere for all members of the University
community. The University is committed to the human rights and dignity of all individuals; therefore, it is the
policy of the University to prevent and eliminate sex-based harassment within the University community. In
addition, it is the policy of the University that any practice or behavior that constitutes sex-based harassment
is unacceptable and will not be tolerated. The Office of Equity and Title IX has an established process to
investigate and address any complaints of sex discrimination and sex-based harassment. See ‘policies’ section
for more information.
SEX-BASED HARASSMENT DEFINITIONS
Sex-Based Harassment is a form of Sex Discriminatio, which includes Sexual Harassment and other
Harassment on the basis of sex, this includes the following:
1. Quid Pro Quo Harassment - An employee, agent, or other person authorized by the University to
provide an aid, benefit, or service under the University’s education program or activity explicitly or
impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in
unwelcome sexual conduct;
2. Hostile Environment Harassment - Unwelcome sex-based conduct that, based on the totality of the
circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or
denies a person’s ability to participate in or benefit from the University’s education program or activity
(i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific
inquiry that includes consideration of the following:

i) The degree to which the conduct affected the Complainant’s ability to access the University’s
education program or activity;


ii) The type, frequency, and duration of the conduct;


iii) The Parties’ ages, roles within the University’s education program or activity, previous
interactions, and other factors about each Party that may be relevant to evaluating the effects
of the conduct;


iv) The location of the conduct and the context in which the conduct occurred; and



v) Other Sex-Based Harassment in the University’s education program or activity; or
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3. Specific Offenses

a. Sexual Assault – An offense classified as a forcible or nonforcible sex offense under the uniform
crime reporting system of the Federal Bureau of Investigation, as follows:
i. Sex Offenses, Forcible - Any sexual act directed against the Complainant, without the
Consent of the Complainant including instances where the Complainant is incapable of
giving Consent, including the following:
1. Forcible Rape (Except Statutory Rape) – Vaginal sexual intercourse with the Complainant without the Complainant’s Consent.
2. Forcible Sodomy - Oral or anal sexual intercourse with the Complainant without the
Complainant’s Consent.
3. Sexual Assault With An Object - To use an object or instrument to unlawfully penetrate,
however slightly, the genital or anal opening of the body of the Complainant without the
Complainant’s Consent.
4. Forcible Fondling—The touching of the private body parts of the Complainant for the
purpose of sexual gratification without the Complainant’s Consent.
ii. Sex Offenses, Nonforcible (Except Prostitution Offenses) - Unlawful, nonforcible sexual
intercourse, including the following:
1. Incest - Nonforcible sexual intercourse between persons who are related to each other
within the degrees wherein marriage is prohibited by law.
2. Statutory Rape - Nonforcible sexual intercourse with a person who is under the
statutory age of consent. The age of consent for sexual activity in Pennsylvania is 16.
Minors under the age of 13 cannot consent to sexual activity. Minors aged 13-15 years
old cannot consent to sexual activity with anyone who is 4 or more years older than
the Minor is at the time of the activity. Minors aged 16 years of age or older can legally
consent to sexual activity, as long as the other person does not have authority over them
as defined in Pennsylvania’s institutional sexual assault statute, 18 Pa.C.S.A. § 3124.2.
3. Dating Violence – Violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the Complainant. The existence of
such a relationship will be determined based on a consideration of the length and type
of relationship and the frequency of interaction between the parties involved in the
relationship.
4. Domestic Violence – Violence committed by a person who:
i) Is a current or former spouse or intimate partner of the Complainant under the
family or domestic violence laws of the jurisdiction of the University, or a person
similarly situated to a spouse of the Complainant;
ii) Is cohabitating, or has cohabitated, with the Complainant as a spouse or intimate
partner;
iii) Shares a child in common with the Complainant; or
iv) Commits acts against a youth or adult Complainant who is protected from those
acts under the family or domestic violence laws of the jurisdiction.

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5. Stalking – Engaging in a course of conduct directed at a specific person that would
cause a reasonable person to fear for the person’s safety or the safety of others or suffer
substantial emotional distress.
Theft – (a) The unauthorized possession, removal, and/or receipt of property without the express consent of
the owner; or (b) the attempt to possess, remove or receive without the express consent of the owner.
Threat of Harm – Intentionally or recklessly engaging in physical, verbal or written conduct that creates a
reasonable fear of infliction of physical pain or injury to another person or damage to property. This includes
a single threat, or a course of conduct, regardless of whether such incidents are in person or conveyed through
electronic means.
Unauthorized Access – Access, entry, presence, or use of buildings, rooms, property, and/or accounts
(electronic or otherwise) without permission
University Policy – Violation of any published University policy or rule (official University policies can be
found at: https://www.pennwest.edu.
Vandalism – Intentional, reckless and/or unauthorized damage, destruction or defacement of property of
another, including University property.
Weapons – Violations include the following:
The use, possession, and/or transportation of:
• fireworks;
• a paintball, air soft, and/or BB gun;
• explosives;
• any item designed and/or used in such a way to threaten, inflict bodily harm, and/or physical
damage, except those items identified in paragraph (b) below.
• The unlawful or unauthorized use, possession, or transportation of (i) a firearm and/or
(ii) firearm ammunition. A copy of the University’s rules regarding use, possession,
and transportation of firearms on campus can be found at: https://www.pennwest.edu.

Student Conduct Process (Non-Sex Discrimination Matters)
Refer to the University’s Title IX Sexual Misconduct Policy and Procedures for a statement of the processes and
procedures associated with Reporting and adjudicating matters of sexual misconduct.
Overview
Refer to the University’s Sex Discrimination and Sex-Based Harassment Policy for a statement of the process
and procedures associated with reporting and adjudicating matters of Sex Discrimination.
The University also believes in providing Students with multiple pathways to resolution including but not
limited to alternate dispute resolution options (in appropriate cases and where mutually agreed upon).
Reports of alleged Sex Discrimination, including those involving a mixture of both non-Sex Discrimination
and Sex Discrimination charges, will follow the process outlined in the University’s Sex Discrimination and
Sex-Based Harassment Policy
Note regarding matters involving mixtures of both non-Sex Discrimination and Sex Discrimination charges:
If all of the alleged Sex Discrimination violations are dismissed, and the remaining underlying allegations, if
true, would violate the Student Code of Conduct, the matter may be referred for further action by the
University’s Dean of Students Office, as appropriate.
Burden of Proof
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The University bears the burden of establishing any charged violation of this Code. The Referred Party does
not have the burden to prove that a violation did not occur. A Referred Party may decide not to participate in
the hearing or an investigation. Neither of these decisions shifts the burden of proof away from the
University.
Standard of Proof
The University is responsible for establishing any charged violation by a “preponderance of the evidence
standard. This means that the University must show that it is more likely than not that the Referred Party
engaged in the charged violation of the Student Code of Conduct.
Use of Advisors
Parties are permitted to have an Advisor accompany them to any hearing or meeting that the party is required
to attend. Each party is responsible for coordinating and scheduling with their choice of Advisor.
The Advisor may be a member of the University Community, an attorney (retained at the Student’s own
expense), or another individual selected by the party.
In all conduct matters, the Advisor may not speak or participate directly in any aspect of the conduct process,
but rather can only consult and interact privately with their Student. 2 Please refer to the University’s Sex
Discrimination and Sex-Based Harassment Policy for information regarding the role of Advisors in matters
handled through the Sex Discrimination Process.
While the University will consider information regarding Advisor schedules and availability, the scheduling of
meetings and hearings throughout the Student conduct process is at the discretion of the University.
Submitting a Referral
While any individual may make a Report of an alleged violation of the Student Code of Conduct by a University
Student or Student Organization, only a member of the University Community may submit a Referral to the
Dean of Students or designee. Formal action under the student conduct process will occur only upon the
submission of a Referral. In instances where a member of the University Community makes a Report of an
alleged violation of the Student Code of Conduct, but elects not to submit a Referral, the Dean of Students/
designee will review the Report and may, as deemed appropriate, initiate a Referral. Similarly, in instances
where a Referring Party cannot be identified or wishes not to participate, the University may, at its discretion,
initiate a Referral against a Referred Party. If a Referring party remains anonymous, the University will be
limited in response.
All Referrals must be in writing and should be submitted as soon as possible after the events on which the
Referral is based. Referrals, other than those relating to alleged Sex Discrimination, must be submitted to the
Office of the Dean of Students or designee. Referrals may be submitted electronically or may contact the Dean
of Students Office to request alternative means. Electronic submissions of incident reports are found at the
following links:
PennWest California: https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=50
PennWest Clarion: https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=0
PennWest Edinboro: https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=51
PennWest Global Online: https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=127
Referral Review
The Dean of Students or designee will review Referrals to determine if sufficient information is alleged to indicate that the Referred Party has engaged in behavior constituting a violation of the Student Code of Conduct.
If the Dean of Students or designee determines that sufficient information is alleged to indicate that a violation

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or violations occurred, the Referral will proceed and appropriate interim measures may be imposed.
Should further investigation be required, additional information and evidence will be gathered prior to a
determination.
If the Dean of Students or designee determines that no violation of the Student Code of Conduct is indicated,
the Referral will be dismissed. There will be no appeal of this dismissal decision.
Evidence
Only evidence that is admitted during the Student Conduct Conference or hearing shall be considered in
judging the matter.
The University is not bound by formal rules of evidence. Evidence or information that may not be admissible
in a court of law may be admissible in a conduct hearing or as part of an investigation; however, hearsay
evidence may not be used to establish a fact necessary to support a decision in a case. The Hearing Officer or
the Chairperson of the University Conduct Board will decide what information is admissible as part of
a hearing.
Court documents, including affidavits of probable cause, preliminary hearing transcripts, and other relevant
court and public records, may be utilized at a Student conduct hearing given their inherent reliability, even
when the person that prepared them is not available to testify or answer questions.
The Dean of Students or designee has discretion to control the methods of presentation of evidence or
physical appearance of participants (e.g., remote presentation of evidence) in order to ensure orderly and
efficient presentation of evidence and the integrity of the hearing process. A party wishing to request a
modification relating to the hearing should do so within 48 hours of the scheduled hearing time.
Notice of Charges
Where the Dean of Students or designee determines that sufficient evidence exists to support a possible
finding of responsibility for a violation of the Student Code, the Dean of Students or designee will issue a
Notice of Charges to the Referred Party via email. Where the Referred Party is a Student Organization, the
Notice will be directed to the identified officers or representatives of the organization.
The Notice will contain a description of the alleged violations of the Student Code of Conduct, including time,
date, and place of occurrence and a description of the alleged prohibited conduct. The Referred Party is
requested to make an appointment with the University administrator to review the Notice of Charges and next
steps in the conduct process. If a student fails to respond a second Notice will be sent providing a scheduled
meeting day and time. If a student fails to respond to the second Notice, the Referral will be moved to an
Administrative Hearing.
Where the alleged acts of misconduct require investigation, issuance of the Notice may be deferred by the
Dean of Students or designee pending completion of the investigation.
Investigation
Depending upon the complexity of the matter, the Dean of Students or designee may appoint an Investigator.
The Investigator may recommend interim action to the Dean of Students or designee at any point in the
investigation. All investigations will be completed promptly.
The Investigator will determine the best method and order of information gathering, which may include
interviews with the Reporting Party, Referred Party, and any identified witnesses, as well as review of relevant
documents or other evidence. Where a Referred Party fails or refuses to participate in the investigation
process, the matter will proceed based upon evidence collected during the investigation process.
Student Organizations
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In matters involving a Student Organization, the Investigator may require a group meeting or a series
of individual meetings. Students who fail to appear for investigative interviews or who fail to cooperate
in good faith during investigative interviews may be subject to action under the Student Code. Future
recognition of the Student Organization may be assessed based on the Student members’ cooperation.
Students’ cell phones or similar electronic communication devices may be collected and/or use may be
restricted during any investigative interview in order to ensure the integrity of the investigation;
however, the cell phones will not be subject to search without Student permission or warrant.
The Student Conduct Conference
The Student Conduct Conference will be facilitated by a University/State System administrator designated
by the Dean of Students or designee. Referred Students need to make an appointment for their Conduct
Conference by an established deadline.
During the Student Conduct Conference, the Referred Party will receive additional information about the
Student conduct process, including information relating to: resolution options available through the conduct
process; the hearing process; and the range of potential Educational Outcomes for the charged violation(s).
The facilitating administrator will give the Referred Party the opportunity to:
• come to mutual resolution during the Conduct Conference, waving the right to a Formal Hearing and the
right to an appeal;
• request a hearing; or
• Accept responsibility for the charge(s) but request further hearing on the Educational Outcomes. In this
event, the statement of responsibility will be accepted and the matter will be referred for a hearing on the
Educational Outcome only. There will be no appeal of the finding of responsibility. Where a hearing is held
on the Educational Outcome only, and the matter involves a possible
• Educational Outcome of suspension or expulsion, the Educational Outcome hearing will be held before the
University Conduct Board. All other Educational Outcome hearings will be held before a Hearing Officer.
If a Referred Party fails to attend the Student Conduct Conference, the matter will be scheduled for a hearing.
A letter will be sent to the Referred Party informing them of the hearing date/time.
Conflict Resolution
Where this process is available, an alleged incident may be resolved through conflict resolution. Use of
conflict resolution must be agreeable to both parties and the Dean of Students or designee. The conflict
resolution will be held with the identified parties and will be facilitated by a facilitator appointed by the Dean
of Student’s Office. Where an agreeable resolution is reached between the parties, the matter will be disposed
of in lieu of further student conduct proceedings. No formal finding of responsibility or Educational Outcome
will be noted on the file. However, in instances where the parties agree to certain actions or conditions to
resolve the matter, those agreements will be written and submitted to the Dean of Students. Failure to abide by
required actions or conditions may result in future action under the Student Code of Conduct.
Scheduling the Hearing
The Dean of Students or designee will provide the parties with written notice of the hearing at least 5 days
in advance of the hearing. At the discretion of the Dean of Students or designee, any matters not involving
possible Educational Outcomes of suspension or expulsion may be scheduled and heard informally before a
Hearing Officer. Where the matter will be heard before a Hearing Officer, the hearing may be scheduled for an
earlier date if the Referred Party agrees.
In matters where the Educational Outcomes may include suspension or expulsion, or in those matters where
the Dean of Students/designee exercises discretion not to schedule the matter before a Hearing Officer, the
matter will be scheduled as a formal hearing before the University Conduct Board.
The hearing notice will contain a statement of:
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• the date, time, and place of the hearing;
• a statement of the date, time, place and alleged acts of misconduct;
• a statement of the specific charges pending against the Referred Party; and
• an identification of the Hearing Officer or University Conduct Board Members, as appropriate
While every effort will be made to schedule the hearing at a time convenient for all parties, final scheduling
authority rests with the Dean of Students or designee. When multiple Referrals involving the same Student
are received, each Referral will be considered separately in determining whether a conduct process should be
initiated. Multiple charges against the same Referred Party will generally be investigated and adjudicated
separately; however, at the discretion of the Dean of Students or designee, multiple charges may be
investigated and adjudicated together under appropriate circumstances, which may include, but are not
limited to, consent of the parties, similar or related conduct, and the administrative burden of considering
the charges separately. The Dean of Students or designee also has the authority, when a matter involves more
than one Referred Party, to hold a single hearing for all Referred Parties, or hold separate hearings for each
Referred Party.
Hearing Procedures
If a Referred Party fails to attend the Hearing, the matter will be heard in their absence.
At the discretion of the Dean of Students or designee, any matters not involving possible Educational
Outcomes of suspension or expulsion may be scheduled and heard informally before a Hearing Officer.
Procedures for hearings before Hearing Officers are less formal; however, as set forth more fully below,
the following provisions apply to both informal hearings before a Hearing Officer and formal hearings
before the University Conduct Board.
Closed Hearings
All hearings are closed to the public. Hearings are open only to the parties identified by the University.
Witnesses are not permitted to remain in the hearing room except as directed.
Hearing Attendance
The Referred Party and any identified parties with knowledge of the incident, are expected to appear
at a hearing. However, in the event that a key witness or affected party fails to attend a Student conduct
hearing, the Dean of Students or designee reserves the right to dismiss the matter, or to proceed with
the hearing. If a Referred Party fails to appear, the hearing may be conducted in their absence.
In extraordinary circumstances the Dean of Students or designee has sole discretion to reschedule
the hearing.
The Referred Party has the right to challenge the designation of a Hearing Officer or University
Conduct Board member for: personal bias; or prior involvement with parties or circumstances
surrounding the matter. A challenge to a Hearing Officer or University Conduct Board member for
cause must be presented to the Dean of Students Office in writing at least 2 days before the scheduled
hearing. The party making the
challenge must provide all facts supporting their challenge. A ruling on the challenge will be issued in
advance of any hearing.
Witnesses
The Referred Party is required to notify the Dean of Students or designee of the names and contact
information of their respective witnesses at least 3 days prior to the scheduled hearing time. Character
witnesses are not permitted.
The Referred Party is responsible for arranging for the attendance of their witnesses at the hearing.
Witnesses are only allowed in the hearing room during their period of testimony or when called to
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answer questions. The Hearing Officer or University Conduct Board reserves the option of limiting the
number of witnesses providing statements at a hearing.
In matters of Student Organization/Group misconduct, individuals who provide information as part of
an investigation may remain confidential throughout the conduct process, provided their identities are
known to the University and the investigator serves as a witness.
Hearing Outcomes
If a decision of “not responsible” is reached, the matter is closed with no right of appeal.
If a decision of “responsible” is reached, the Hearing Officer or University Conduct Board will make a
decision regarding Educational Outcomes. Past violations of the Student Code of Conduct will be
factored into the determination of the Educational Outcomes after a decision of responsibility has
been reached. Previous conduct will not be considered in establishing whether a Referred Party is
“responsible” or “not responsible” of the current charges.
A written decision will be issued, setting forth the findings on the charge(s) and the Educational
Outcomes imposed. Absent extenuating circumstances, the written decision will be issued as expeditiously as possible but in no event later than thirty (30) days after conclusion of the hearing. The determination letter will include factual findings and rationale for the decision, and present a complete
description of the educational outcomes, if any. Appeal criteria and procedures will be outlined as well.
All hearings before the University Conduct Board are recorded. Hearings before the Hearing Officer
may be recorded at the discretion of the Hearing Officer. Where audio or video recording is not made,
a written summary of the hearing will be made. Any additional video, audio, stenographic, or photographic recording of any hearing is prohibited.
Educational Outcomes
Educational Outcomes are utilized to help Students and Student Organizations develop more productive
patterns of behavior, to support the integrity of the academic mission, and to protect the members of the
University Community.
Stipulations may be attached to all Educational Outcomes as deemed appropriate in the interest of supporting
the principles outlined above. The Dean of Students or designee has final authority in determining
completion of assigned stipulations. Registration holds may be placed pending receipt of required evidence of
completion of assigned stipulations.
Individual Student Educational Outcomes
Disciplinary Warning: Official notice that specific behavior or activity was in violation of the conduct
code and that further violations may result in more serious disciplinary action. Students receiving a
Disciplinary Warning remain in good disciplinary standing.
Disciplinary Probation: Official notification of a specified period of review and monitoring. Further
violations of the conduct code may result in more severe disciplinary action, including an examination
of continued status as a Student. Students on Disciplinary Probation are not in good disciplinary
standing.
Final Disciplinary Probation: Final Disciplinary Probation is imposed only in very serious cases or
in response to progressive discipline stipulating that a Student, in lieu of University suspension, is
being allowed to remain at the University provided that the Student adheres to certain conditions, as
set by the Board or Hearing Officer. A Student on Final Disciplinary Probation is denied the privilege to
represent the University in any organized capacity including intercollegiate varsity, non-varsity or club
events or to hold office in any Student Organization. Students on Final Disciplinary Probation are not in
good disciplinary standing.
Suspension: Official notification involving a disciplinary separation from the University for a specified
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period generally not less than one semester and generally not exceeding two years. Suspension
involves denial of all affiliated privileges and rights, including the privilege of using University
facilities. A Student may not attend classes or be enrolled in online or distance education, take exams,
earn grades, attending University activities or be on University property except for University business
during the suspension period. University business must be approved in advance by the Dean of Students or designee.
Further violations of the conduct code may result in more severe disciplinary action, including an
examination of continued status as a Student. Students on Suspension are not in good disciplinary
standing. All stipulated conditions shall be completed before re-enrollment.
Expulsion: Official notification of permanent separation and termination of the Referred Party’s status
as a Student, and exclusion from University property, privileges, and activities. Students on Expulsion
are not in good disciplinary standing.
Restitution: Reimbursement for damage to, or destruction of, University property.
Housing Reassignment: Movement from a current residential assignment to another location in
campus housing. Housing rates may be impacted.
Housing Removal: Removal from campus housing for a specified period of time. Access to campus
housing including visitation is prohibited. Should circumstances warrant, housing removal could be
permanent. In accordance with Residence Life policy, in such instances there will be no refund of
housing fees.
Alcohol/Other Drug Education: Completion of an assigned substance education program as directed.
Restriction of Privileges: Exclusion from, or limits on, participation in specified services and activities
or specified campus facilities. Prohibition of participation in campus co-curricular activities or use of
campus services, e.g., intramural participation, room reservation privileges, leadership
Educational Activities: Completion of a specified activity, service project, educational program, event,
assignment, papers, meetings or other educational and/or restorative assignment.
No Contact Directive: Official written expectations issued by a University administrator restricting or
prohibiting contact between individuals, and may also include other restrictions.
Student Organization Educational Outcomes
Organization Disciplinary Warning: Official notice that specific behavior or activity was in violation
of the conduct code and that further violations may result in more serious disciplinary action. It is
intended to communicate or remind the organization of its responsibility to the University Community.
Organization Disciplinary Probation: Organization Disciplinary Probation is a period of time during
which the group must demonstrate the ability to comply with University rules, regulations, and other
requirements as stipulated by the Educational Outcome. During this time, the organization may be
required to complete an educational component or service project. A Student Organization will remain
on probation through the date indicated or until the date all assigned Educational Outcomes have been
completed, whichever occurs later. Educational outcomes that restrict privileges may also be imposed.
Organization Final Disciplinary Probation: A final probation status means that any violation of the
Code of Conduct by the group, during this time, may result in the group’s immediate suspension.
A Student Organization will remain on Final Probation at least through the date indicated or until
the date all assigned educational outcomes have been completed, whichever occurs later.
Organization Disciplinary Suspension: A suspended Student Organization loses all rights and
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privileges associated with being a recognized Student Organization, must cease any organizational
activity or function, and is prohibited from engaging in any organizational activity or function until
the suspension is completed.
Disciplinary Organization Disestablishment: The organization loses its formal campus recognition
and is permanently prohibited from conducting any and all group activity on- or off-campus. All events
must be canceled immediately.
Educational Activity: The required participation by the organization in specified group activity, service
projects, educational programs, or other assignments.
Restriction of Privileges or Activities: The loss of the use of services or privileges as a Student
Organization or the loss of the privilege to participate in an activity or event for a specified period
of time.
Note: Examples of privileges that can be lost include, but are not limited to: recruitment freeze, suspension of
the Student Organization’s funds, 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 Student activity fee funding, suspension of
fund-raising activities, suspension of access to office space, and others.
Membership Review: The organization is required to review and affirm each person’s commitment
to the expectations of organization membership. This may involve one-on-one interviews with each
member and a member of the national or international staff, and/or a University Advisor or
administrator.
Member Intake and Recruitment Review: The organization is required to submit a plan on how it will
emphasize values during the intake process. The plan should include details of the expected date and
time of activities, goals, participant learning outcomes, and the event assessments.
Organization Restitution: reimbursement for actual damage to or destruction of property, including
that of the University.
Interim Measures
Interim measures are temporary steps taken by the University through the Dean of Students Office in an
effort to maintain the safety of the campus community and an environment conductive for academic success.
Interim measures do not replace the regular conduct process, which shall proceed on the normal schedule.
Once a final decision has been made on a Student conduct matter, the interim measure will be lifted. Interim
measures may include, but are not limited to, administrative directives, a loss of privilege/s, a residence hall
room reassignment, or restriction from parts of campus. The Dean of Students or designee, as designated by
the University President, may approve or institute the following interim actions without a prior hearing:
Interim No Contact Order
A written directive issued by a University administrator restricting or prohibiting contact between
individuals, and may also include other restrictions. An Interim No Contact Order is not an indication
of responsibility for a violation of University policy; rather, it is intended to protect any Student or
other individual in the University Community. The Interim No Contact Order remains in effect until a
determined date, or pending the outcome of the student conduct process.
Interim Removal from University Housing
A Student who is notified of an interim removal from University housing must immediately relocate
from on-campus housing to an off-campus location. The Student is prohibited from entering/visiting
any campus residence hall or apartment during the interim removal period. The Student may attend
classes and University activities.
Interim Student Organization Restriction/s
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The group is prohibited from conducting any activities, events, meetings or social functions. Participation in university organizations or holding office in organizations or other privileges can also be
included under this Educational Outcome as deemed appropriate by the hearing officer or board based
on the incident.
Interim Student Organization Suspension
A written directive issued to recognized Student groups/organizations directing the group to cease all
operations. The group/organization may not conduct business, hold meetings, host events, attend
events as a group, or continue with any philanthropic activities until further notice. Any requests for
exceptions must be
communicated to the Dean of Students Office. A letter from the group or organization’s National
Headquarters, if the group is associated, must also accompany the request for exception.
Interim Suspension
This measure is taken if it is determined the Student’s continued presence constitutes an immediate
threat of harm or safety to other Students, university personnel or university property.
Interim Suspension from the University
A Student who is notified of an interim suspension must immediately leave University property. The
Student may not return to campus or participate in any university programs or activities, including
classes, during the interim suspension period.
Interim Suspension Review Process
A Student issued an interim suspension will be afforded a hearing on the interim suspension within 14
days.
If extenuating circumstances warrant an extension of the review, it will be communicated to the
Student.
The purpose of the hearing is to review the interim suspension only. The University Conduct Board will
determine if Student’s continued presence constitutes an immediate threat of harm to other Students,
University personnel or to University property. If it is determined that continuation of the interim
suspension is not warranted, the Student will be reinstated immediately. The reversal of an interim
suspension shall not be construed as finding a Student “not responsible” of underlying alleged
violations of the Code of Conduct. The hearing on the interim actions will not address the underlying
misconduct. A hearing will be scheduled to address the violations.
Appeals
In matters reviewed under the University’s Sex Discrimination and Sex-Based Harassment Policy, please refer to the
processes and procedures set forth in that Policy for appeals.
All appeals must be submitted in writing no later than five (5) days after the date noted on the outcome letter.
Appeals must be submitted via the Dean of Students Outcome Appeal Form. The original Educational
Outcome will be stayed pending a decision on the appeal. However, the designated Appeals Officer may, under
extenuating circumstances, continue the Educational Outcomes imposed while an appeal is in process.
In cases of Organization Disciplinary Suspension or Organization Disciplinary Expulsion, the appeals by
groups who are affiliated with a national or international organization must be accompanied by a letter of
support for the appeal.
An appeal may be sought on the following grounds:

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1) A procedural irregularity under the University policy or procedures that affected the hearing outcome.
2) New evidence that was not reasonably available through the exercise of reasonable diligence at the time
of the hearing that could affect the outcome of the matter.
3) The University Conduct Board Member/Hearing Officer(s) had a conflict of interest or bias for or against
an individual party that affected the outcome of the matter.
4) The Disciplinary Educational Outcome imposed was grossly disproportionate based on the charged
violation and past conduct record.
The appealing party must set forth the grounds for the appeal, and include any supporting documentation.
If the grounds for an appeal asserts a procedural irregularity, existence of new evidence, or conflict of
interest/bias, the appealing party bears the burden of establishing by a preponderance of evidence that the
outcome of the matter was affected.
The University allows one level of appeal review. No further appeals are permitted.
Appeals of hearing decisions will be submitted to the Dean of Students or designee. The appeal will be
forwarded in a timely manner to the appropriate Appeals Officer for review.
The appeal will be reviewed to determine if the merits of the stated basis for appeal are met. If the appeal
grounds have been met, all related documentation and evidence will be reviewed within the scope of
the appeal.
The role of the Appeals Officer is not to reweigh the evidence. The Appeals Officer will confine their review
to the basis of appeal alleged and may modify the Educational Outcome or in the event of new information,
remand back to the original hearing officer or board to reweigh the new evidence. The Appeals Officer may
modify the Educational Outcome if an appeal on the basis of the severity of the Educational Outcome is
grossly disproportionate to the violation(s) if an appeal is granted.
After review, the Appeals Officer shall inform the appealing party in writing of one of the following
determinations:
• Uphold the original decision;
• Affirm or modify the imposed Educational Outcome;
• Overrule the original decision and modify the outcome or dismiss the case based solely on the
submissions of the appeal; or
• Overrule the original decision and remand the case back to the board or hearing officer of original
• jurisdiction for rehearing to correct a procedural or factual defect.
Decisions on the appeal will be issued within thirty (30) days, absent extenuating circumstances.

Disclosure of Discipline Records & Records Retention
Disclosure of Disciplinary Records
All Students’ disciplinary records are kept in accordance with the Family Educational Rights and Privacy Act
(FERPA) of 1974 (the “Buckley Amendment”), 20 U.S.C. 1232g. In accordance with these provisions, all
disciplinary files are confidential and may only be disclosed:
• To the Student;
• To a person or agency possessing a signed consent from the Student authorizing the release to the designated person/agency. Signed consents must meet the requirements of FERPA. Consent forms are available on
the University’s website at the following links:
o PennWest California: ferpa-release-academic-records.pdf (calu.edu)
o PennWest Clarion: release-of-information.pdf (clarion.edu)
o PennWest Edinboro: FERPA Consent to Release Information (edinboro.edu)
• Records may also be disclosed to the following individuals without consent of the Student:
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o To the parents of a dependent Student (as defined by the Internal Revenue Service);
o To the parents or guardians of a Student under the age of 21 who has been found responsible, or
accepted responsibility for an alcohol or drug violation. In such instances, the parents/guardians
may be notified of the violation(s).
o To a court official, agency, or other designated individual in order to comply with a subpoena or
court order served upon the University. When served with a subpoena or court order, the
University will notify the Student in writing that it is complying with the court order.
o To a requesting individual where the Student has been found responsible, or accepted responsibility,
under the Student Code of Conduct for a violation relating to a crime of violence or a non-forcible
sex offense, as provided in FERPA (34 C.F.R. § 99.39).1 In such instances, only the final results (the
name of the Student, the violation committed, the Educational Outcome imposed, date of decision
and duration of Educational Outcome) will be disclosed. The names of other Students, including
any Reporting or complaining Student and witnesses, will not be disclosed without the consent of
the Referred Party Student.
o To the victim of a Referred Party alleged to have committed a crime of violence or non-forcible sex
offense. In such instances, a finding of responsibility is not required; however, the University will
disclose only the final results (the name of the Student, the violation committed, the Educational
Outcome imposed, date of decision and duration of Educational Outcome) of the disciplinary
proceeding.
o To others within the University with a legitimate need to know and for compliance with other
University policies and Reports.
Consistent with the Sex Discrimination and Sex-Based Harassment Policy, the University will disclose the
outcome of a disciplinary proceeding alleging Sex Discrimination to both the Complainant and Respondent.
The release of records relating to the Student Organization Discipline Process will be managed by the Dean
of Students or designee in consultation with appropriate staff within Student Affairs and the University. There
may be times when it is appropriate or necessary to release the interim status or outcome of a particular
conduct meeting/hearing to those both within and outside of the University. Those types of decisions will be
made on a case-by-case basis. FERPA requires the confidentiality of individual Student records.
Records Retention
The Dean of Students Office maintains disciplinary records of Students. These records are maintained
separately from the Student’s official academic records. Records regarding academic integrity violations are
held separately by the Provost’s Office. All records related to Student Organization conduct will be kept in the
Student Organization’s official file indefinitely and the organization outcomes may be shared or published at
the University’s discretion. Records involving expulsions are kept indefinitely.

Related Community Standards Policies
Alcohol & Other Drugs alcohol-drugs.pdf (pennwest.edu)
Amnesty medical-amnesty.pdf (pennwest.edu)
Anti-hazing anti-hazing.pdf (pennwest.edu)
Information Technology acceptable-use.pdf (pennwest.edu)
Residence Life Policy
California: https://www.calu.edu/student-life/living-at-calu/housing-options.aspx
Clarion: https://clarion.edu/student-life/living-at-clarion/campus-housing/index.html
3
A crime of violence is any acts, that would, if proven, constitute: destruction/ damage/ vandalism of
property, arson, assault offenses, burglary, forcible sex offenses, robbery, criminal homicide,
kidnapping or robbery, as more fully defined in Appendix A to Part 99 of FERPA.
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Edinboro: https://www.edinboro.edu/life-at-the-boro/living-on-campus/
Recognized Student Organizations Policy student-org-operations.pdf (pennwest.edu)
Time, Place, & Manner time-place-manner.pdf (pennwest.edu)
Sex Discrimination and Sex-Based Harassment Policy
Sexual Violence and Sexual Harassment Model Sexual Misconduct Policy (pennwest.edu)
Weapons Policy weapons-policy.pdf (pennwest.edu)

Contact Information
Matthew G. Shaffer; Dean of Students
mshaffer@pennwest.edu

Policy Review Schedule
All policies will be reviewed every two years or on an as needed basis if a change in BOG, PASSHE or
Pennsylvania law would create the need for an immediate change.

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Pennsylvania Western University (PennWest California, PennWest Clarion, PennWest Edinboro, PennWest Global Online) is an academic community dedicated to the ideals of justice, fairness, and equal
opportunity for all. In compliance with federal and Pennsylvania laws, the University is committed to providing equal educational and employment opportunities for all persons without regard to race, color,
sex, religion, national origin, age, disability, sexual orientation, or status as a veteran or disabled veteran. The University will not tolerate any type of discrimination, harassment, or violence.

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