Clarion University
Council of Trustees’ Regular Meeting
108 Eagle Commons
Clarion, PA 16214
Thursday, July 19, 2018
7:00 p.m.
Agenda
Pledge of Allegiance
Call Meeting to Order and Roll Call of Board Members
Public Comments
Consent Agenda ............................................................................................. Chair, JD Dunbar
1. Approval of the Minutes of the Regular Meeting of April 19, and the Special Meetings of
May 11 and June 13, 2018 - See Items 1
2. Approval of the SBDC USDA Grant Proposal and Resolution – See Item 2
3. Approval of the Student Code of Conduct and Committee Standards - See Items 3, 4 & 5
4. Approval of the Finance Committee Report for July 19, 2018 – See Item 6
RESOLVED, that the Council of Trustees, Clarion University, approve the Consent
Agenda for July 19, 2018.
Remarks of the Council Chair ....................................................................... Chair, JD Dunbar
Committee Reports
1. Executive Committee ............................................................................ Chair, JD Dunbar
2. Facilities Committee ............................................................................ Chair, Randy Seitz
Report of University Advancement ........................................................................ Jim Geiger
Report of Finance, Administration and Facilities .....................................................Len Cullo
1. Status of Facilities Report – See Item 7
2. Grant Awards and Contracts – See Item 8
Report of Student Affairs ................................................................................ Susanne Fenske
______________________________________
Council of Trustees’ Meeting Agenda – Page 1

Report of the Board of Governors......................................................................... Neil Weaver
Report of the President ..............................................................................President Pehrsson
Report of Academic Affairs ......................................................................................Pam Gent
Report of Faculty Senate ..............................................................................................Jim Lyle
Report of Clarion Student Senate ................................................................ Brianna Shepherd
Other Business ............................................................................................... Chair, JD Dunbar
1. Unfinished Business
2. New Business
Human Resources – See Item 9
Important Dates
1. New Student Convocation – Friday, August 24
2. Upcoming meetings of the Council of Trustees’ September 20 & November 15
3. Fall semester begins – Monday, August 27
4. Autumn Leaf Festival – September 29 to October 7
5. Fall PACT meeting – October 9, 2018; Spring PACT – April 12,& 13, 2019
6. Winter Commencement – Saturday, December 15
Adjournment

______________________________________
Council of Trustees’ Meeting Agenda – Page 2

Item 1

1405

1406

1407

Item 2

RESOLUTION
RESOLVED, that the Council of Trustees, Clarion University, approve the
following resolution:
WHEREAS, Clarion University of Pennsylvania (hereinafter called public body)
desires to obtain financial assistance under the Rural Business Development Grant
(RBDG) from the United States Department of Agriculture, pursuant to Section 310 B of
the Consolidated Farm and Rural Development Act, for the purpose of providing increased
consulting and training service capacity through the Small Business Development Center
(SBDC) of Clarion University of Pennsylvania to work more directly with potential
entrepreneurs and existing businesses in Cameron, Forest, Potter and Venango counties.
The office of the SBDC of Clarion University is hereafter referred to as the facility.
As a condition to and in consideration of receiving financial assistance from the Rural
Development, this resolution is being adopted.
THEREFORE, in consideration of the premises the public body agrees as follows:
1)

Further penetrate the geographical area identified through a business consultant
located in or around Cameron, Forest, Potter, and Venango County.

2)

Hire a business consultant to increase the capacity to provide more business assistance
and training to entrepreneurs and small business owners and individuals looking to
start a business.

3)

Further network with existing resources partners, existing SBDC clients and contacts,
and state and federal legislators and economic development organizations to enhance
the knowledge and expertise of the SBDC business consultant.

4)

Conduct training seminars to educate prospective entrepreneurs on the steps to
starting a business.

5)

Conduct training seminars on topics need by existing businesses such as sales and
marketing, human resources management, and business planning.

Item 3

Updates to Student Code of Conduct
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Changed the names of position/office titles to reflect changes within the Division of
Student Affairs
Added clarification to accurately reflect that all policies under the Code of Conduct are
applicable to on and off campus behavior for any individual taking classes through
Clarion University.
Altered timelines of the conduct process related to hearings and appeals.
o If a student rejects responsibility in an incident, a University Conduct Board
Hearing will be scheduled within 15 business days. (This is increased from seven
days currently, as it is difficult to schedule a hearing within seven days.)
o Students will have five business days to submit an appeal of a decision. (This is
increased from 3 days currently to provide more time for a student to complete
the appeal form.)
o The appeals officer will have 15 business days to review appeal requests. (This is
increased from 10 business days currently to provide the appeals officer with a
more realistic time frame to review appeals and issue a decision. There are times
when an appeals officer may be reviewing multiple appeals, and is not able to
complete an appeal in 10 business days.)
Language was added to allow for the hearing of cases in a student’s absence if the
student does not contact the hearing officer after a notice of alleged misconduct is
emailed to the student. (This has always been part of our process, but was not detailed
in the current code of conduct.)
Language was added to allow for the hearing of cases in the absence of the alleged
student and without notice of a hearing to the student for specific low-level incidents in
the residence halls that result in warnings. (Examples: improper checkouts, noise
violations, prohibited items, candles, etc.) Warnings are issued for all of these, and do
not go on a student’s disciplinary record.
If a student appeals a decision, the decision will not go into effect until the appeal has
been reviewed, and a final determination has been made to uphold or modify the
decision. (This is how appeals were handled under the previous Student Rights &
Regulations, and is best to prevent students from completing sanctions that may not be
upheld.)

The Clarion University Student Code of Conduct is adapted from The NCHERM Group
Model Developmental Code of Student Conduct and is used here with permission.

TABLE OF CONTENTS
Preface
Section 1: Mission
Section 2: Jurisdiction
Section 3: Violations of the Law
Section 4: The Policies
Section 5: Overview of the Conduct Process
Section 6: Student Conduct Authority
Section 7: Formal Conduct Procedures

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PREFACE
Core Values of Student Conduct at Clarion University
● Integrity: Clarion University students exemplify honesty, honor and a respect for
the truth in all of their dealings.
● Community: Clarion University students build and enhance their community.
● Social Justice: Clarion University students are just and equitable in their treatment
of all members of the community and act to discourage and/or intervene to
prevent unjust and inequitable behaviors.
● Respect: Clarion University students show positive regard for each other, for
property and for the community.
● Responsibility: Clarion University students are given and accept a high level of
responsibility to self, to others and to the community.

Clarion University students are responsible for knowing the information, policies and
procedures outlined in this document. The University reserves the right to make
changes to this code as necessary and once those changes are posted online, they are
in effect. Students are encouraged to check online www.clarion.edu/studentrights for
the updated versions of all policies and procedures.

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Clarion University: Student Code of Conduct
SECTION 1: MISSION
The Clarion University community is committed to fostering a campus environment that
is conducive to academic inquiry, a productive campus life and thoughtful study and
discourse. The student conduct program within the Office of Judicial and Mediation
Services Affairs is committed to an educational and developmental process that balances
the interests of individual students with the interests of the University community.
A community exists on the basis of shared values and principles. At the University,
student members of the community are expected to uphold and abide by certain
standards of conduct that form the basis of the Student Code of Conduct. These standards
are embodied within a set of core values that include integrity, community, social justice,
respect, and responsibility.
Each member of the University community bears responsibility for their conduct and to
assume reasonable responsibility for the behavior of others. When members of the
community fail to exemplify these five values by engaging in violation of the rules below,
campus conduct proceedings are used to assert and uphold the Student Code of Conduct.
The student conduct process at the University is not intended to punish students; rather,
it exists to protect the interests of the community and to challenge those whose behavior
is not in accordance with University policies. Sanctions are intended to challenge
students’ moral and ethical decision-making and to help them bring their behavior into
accord with our community expectations. When a student is unable to conform their
behavior to community expectations, the student conduct process may determine that
the student should no longer share in the privilege of participating in this community.
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
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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.
SECTION 2: JURISDICTION
Students at the University are provided a copy of the Student Code of Conduct annually in
the form of a link on the University website. Hard copies are available upon request from
the Office of Judicial and Mediation Services Affairs. Students are responsible for having
read and abiding by the provisions of the Student Code of Conduct.
The Student Code of Conduct and the student conduct process apply to the conduct of
individual students, both undergraduate and graduate, and all University-recognized
students, recognized student organizations and clubs. For the purposes of student
conduct, the University considers an individual to be a student when an offer of admission
has been extended and thereafter as long as the student has a continuing educational
interest in the University.
The University retains conduct jurisdiction over students who choose to take a leave of
absence, withdraw or have graduated for any misconduct that occurred prior to the leave,
withdrawal or graduation. If sanctioned, a hold may be placed on the student’s ability to
re-enroll and/or obtain official transcripts and/or graduate and all sanctions must be
satisfied prior to re-enrollment eligibility. In the event of serious misconduct committed
while still enrolled but reported after the accused student has graduated, the University
may invoke these procedures and should the former student be found responsible, the
University may revoke that student’s degree.
The Student Code of Conduct applies to behaviors that take place on the campus, at
University-sponsored events and may also apply off-campus when the Director of Judicial
Affairs Student Engagement & Development (or designee) determines that the offcampus conduct affects a substantial University interest.1 The University does routinely
review public information contained in local news which may pertain to student conduct.
A substantial University interest is defined to include:
● Any situation where it appears that the student’s conduct may present a danger
or threat to the health or safety of him/herself or others; and/or
1 Adapted, with gratitude, from Penn State University.

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● Any situation that significantly impinges upon the rights, property or
achievements of self or others or significantly breaches the peace and/or causes
social disorder; and/or
● Any situation that is detrimental to the educational mission and/or interests of
the University;
The Student Code of Conduct may be applied to behavior conducted online, via email or
other electronic medium. Students should also be aware that online postings such as
blogs, web postings, chats and social networking sites are in the public sphere and are not
private. These postings can subject a student to allegations of conduct violations if
evidence of policy violations is posted online. The University does not regularly search
for this information but may take action if and when such information is brought to the
attention of University officials. However, most online speech by students not involving
University networks or technology will be protected as free expression and not subject to
this Code, with two notable exceptions:
● A true threat, defined as “a threat a reasonable person would interpret as a
serious expression of intent to inflict bodily harm upon specific individuals.”
● Speech posted online about the University or its community members that causes
a significant on-campus disruption to normal operations.
The Student Code of Conduct applies to guests of community members and Recognized
Student Organizations/Registered University Organizations whose hosts may be held
accountable for the misconduct of their guests. The Code may also be applied to resident
non-students, campers and high school bridge/extension/partner/Upward
Bound/Trio/dual-credit and continuing education programs by contractual agreements.
Visitors to and guests of the University may seek resolution of violations of the Student
Code of Conduct committed against them by members of the University community.
There is no time limit on reporting violations of the Student Code of Conduct; however,
the longer someone waits to report an offense, the more difficult it becomes for
University officials to obtain information and witness statements, and to make
determinations regarding alleged violations.
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Though anonymous allegations are permitted, doing so may limit the University’s ability
to investigate and respond to an allegation. Those who are aware of misconduct are
encouraged to report it as quickly as possible to the Office of Judicial and Mediation
Services Affairs and/or to University Police.
A responding student facing an alleged violation of the Student Code of Conduct is not
permitted to withdraw from the University until all allegations are resolved.
University email is the University’s primary means of communication with students.
Students are responsible for all communication delivered to their University email
address.
SECTION 3: VIOLATIONS OF THE LAW
Alleged violations of federal, state and local laws may be investigated and addressed
under the Student Code of Conduct. When an offense occurs over which the University
has jurisdiction, the University conduct process will usually go forward notwithstanding
any criminal allegation that may arise from the same incident.
The University reserves the right to exercise its authority of interim suspension upon
notification that a student is facing criminal investigation and/or allegation. (additional
grounds for interim suspension are outlined below, on p. 42.) Interim suspensions are
imposed until a hearing can be held, typically within 10 days unless there are extenuating
circumstances warranting an extension (22 Pa. Code § 505.92). Within that time, the
suspended student may request an immediate hearing from the Director of Judicial Affairs
Student Engagement & Development to show cause why the interim suspension should
be lifted. This hearing may resolve the allegation, or may be held to determine if the
interim suspension should be continued. The interim suspension may be continued if a
danger to the community is posed and/or if the University may is be delayed or prevented
from conducting its own investigation and resolving the allegation by the pendency of the
criminal process. In such cases, the University will only delay its hearing until such time
as it can conduct an internal investigation or obtain sufficient information independently
or from law enforcement upon which to proceed. A short delay for allegations involving
sexual misconduct offenses to allow law enforcement to complete evidence gathering for

2

http://www.pacode.com/secure/data/022/chapter505/chap505toc.html

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purposes of criminal prosecution is permitted, though implementation of short-term or
initial remedies is typically not delayed.
Students accused of crimes may request to take a leave from the University until the
criminal charges are resolved. In such situations, the University procedure for voluntary
leaves of absence is subject to the following conditions:
● The responding student must comply with all campus investigative efforts that will
not prejudice their defense in the criminal trial;
● The responding student must comply with all interim actions and/or restrictions
imposed during the leave of absence; and
● The responding student must agree that, in order to be reinstated to active
student status, they must first be subject to, and fully cooperate with, the campus
conduct process and must comply with all sanctions that are imposed.
SECTION 4: THE POLICIES
A. Core Values and Behavioral Expectations
The University considers the behavior described in the following sub-sections as
inappropriate for the University community and in opposition to the core values set forth
in this document. These expectations and rules apply to all students regardless of learning
environment, whether undergraduate, graduate, doctoral, professional, part time, or full
time. The University encourages community members to report to University officials all
incidents that involve the following actions. Any student found to have committed or to
have attempted to commit the following misconduct is subject to the sanctions outlined
in Section 7: Conduct Procedures.
Integrity: University students exemplify honesty, honor and a respect for the truth in all
of their dealings. Behavior that violates this value includes, but is not limited to:
1) Falsification. Knowingly furnishing or possessing false, falsified or forged
materials, documents, accounts, records, identification or financial instruments.
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2) Academic Dishonesty. Acts of academic dishonesty as outlined in the Code of
Academic Integrity.
3) Unauthorized Access. Unauthorized access to any University building (i.e. keys,
cards, etc.) or unauthorized possession, duplication or use of means of access to
any University building or failing to timely report a lost University identification
card or key. Unauthorized access also applies to non-University property that a
student is not permitted access to.
4) Collusion. Action or inaction with another or others to violate the Student Code
of Conduct.
5) Trust. Violations of positions of trust within the community.
6) Election Tampering. Tampering with the election of any University-recognized
student organization.
7) Taking of Property. Intentional and unauthorized taking of University property or
the personal property of another, including goods, services and other valuables.
8) Stolen Property. Knowingly taking or maintaining possession of stolen property.
Community: University students build and enhance their community. Behavior that
violates this value includes, but is not limited to:
Formatted: Indent: Left: 0"
Formatted: No bullets or numbering

9) Disruptive Behavior. Substantial disruption of University operations including
obstruction of teaching, research, administration, other University activities,
and/or other authorized non-University related activities which occur on or off
campus or are University sponsored activities occurring elsewhere.
10) Rioting. Causing, inciting or participating in any disturbance that presents a clear
and present danger to self or others, causes physical harm to others, or damage
and/or destruction of property.

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11) Unauthorized Entry. Misuse of access privileges to University premises or
unauthorized entry to or use of buildings, including trespassing, propping or
unauthorized use of alarmed doors for entry into or exit from a University building.
12) Trademark. Unauthorized use (including misuse) of University or organizational
names and images.
13) Damage and Destruction. Intentional, reckless and/or unauthorized damage to
or destruction of University property or the personal property of another.
14) Acceptable Use of Technology Resources. Violating the University Acceptable
Use of Technology Resources, found online at: http://www.clarion.edu/aboutclarion/computing-services/about-computing-services/acceptable-usepolicy.html.
15) Gambling. Gambling as prohibited by the laws of the Commonwealth of
Pennsylvania. (Gambling may include raffles, lotteries, sports pools and online
betting activities. For more information see Community Standards.)
16) Weapons. Possession, use, or distribution of explosives (including fireworks and
ammunition), guns (including air, BB, paintball, facsimile weapons and pellet
guns), or other weapons or dangerous objects such as arrows, axes, machetes,
nunchucks, throwing stars, or knives with a blade of longer than four (4) inches,
including the storage of any item that falls within the category of a weapon in a
vehicle parked on University property3.
17) Tobacco. Smoking or tobacco use including use of electronic smoking devices in
any area of campus where smoking or tobacco use are prohibited4.
3

Subject, of course, to statutorily conveyed rights to carry/possess weapons on campus and/or in locked
vehicles on campus.
More information on the University Policy may be found at
http://www.clarion.edu/about-clarion/offices-and-administration/university-support-andbusiness/humanresources/policies/WEAPONS%20FIREARMS%20AND%20DANGEROUS%20DEVICES%20POLICY.pdf
4 Clarion University of Pennsylvania complies with the Pennsylvania Clean Indoor Air Act. The Clean Indoor
Air Act (Act 27 of 2008) prohibits smoking in a public place or a workplace. All University facilities are public
and, as a result, smoking is prohibited in all University facilities.

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18) Fire Safety. Violation of local, state, federal or campus fire policies including, but
not limited to:
a) Intentionally or recklessly causing a fire which damages University or
personal property or which causes injury;
b) Failure to evacuate a University-controlled building during a fire alarm;
c) Improper use of University fire safety equipment; or
d) Tampering with or improperly engaging a fire alarm or fire
detection/control equipment while on University property. Such action
may result in a local fine in addition to University sanctions.
19) Ineligible Pledging or Association. Pledging or associating with a student
organization without having met eligibility requirements established by the
University.
20) Animals. Animals, with the exception of animals that provide assistance (e.g.
seeing-eye dogs), or registered and approved comfort animals, and pets as
outlined in the Residence Life and Housing Handbook, are not permitted on
campus except as permitted by law.
21) Wheeled Devices. Skateboards, roller blades, roller skates, bicycles and similar
wheeled devices are not permitted for use inside University buildings, University
Housing, or on tennis courts. Additionally, skateboards and other wheeled items
may not be ridden on railings, curbs, benches, or any such fixtures that may be
damaged by these activities, and individuals may be liable for damage to

In addition, the University treats smokeless tobacco and electronic smoking devices in the same manner in
which other tobacco products are treated. As a result, smokeless tobacco and electronic smoking devices
are prohibited in all University facilities.
The prohibition on smoking includes building entrances, areas near windows and/or ventilation units for
buildings. In general, student and employees should smoke in areas away from normal building entrance
and exit traffic.
The University asks that all students and employees be respectful of others and follow the information
outlined above. Students or employees who do not abide by the above expectations may be asked to vacate
any of the above areas and/or to relinquish any smoking item while in these areas.
Employees are also reminded that smoking in University owned vehicles is prohibited.

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University property caused by these activities. Self-Balancing Scooters are
prohibited for use and/or storage on campus which includes but is not limited to
University Housing. Use of a Segway is permitted outdoors and should follow the
wheeled devices policy.
Social Justice: Students recognize that respecting the dignity of every person is essential
for creating and sustaining a flourishing university community. They understand and
appreciate how their decisions and actions impact others and are just and equitable in
their treatment of all members of the community. They act to discourage and challenge
those whose actions may be harmful to and/or diminish the worth of others. Conduct
that violates this value includes, but is not limited to:
22) Discrimination. Any act or failure to act that is based upon an individual or group’s
actual or perceived status, including sex, gender identity or expression, race, color,
age, national or ethnic origin, physical or mental disability, veteran status,
pregnancy status, religion or creed, or sexual orientation/affection, predisposing
genetic characteristic, or other protected status that is sufficiently severe that it
limits or denies the ability to participate in or benefit from the University’s
educational program or activities.
23) Harassment. Any unwelcome conduct based on actual or perceived status
including: race, color, sex, religion, national origin, affectional or sexual
orientation, gender identity, age, disability, or veteran status. Any unwelcome
conduct should be reported to campus officials, who will act to remedy and
resolve reported incidents on behalf of the reporting party and community.
a) Hostile Environment. Sanctions can and will be imposed for the creation
of a hostile environment only when harassment is sufficiently severe,
pervasive (or persistent) and objectively offensive that it unreasonably
interferes with, limits or denies the ability to participate in or benefit from
the University’s educational or employment program or activities.
24) Retaliatory Discrimination or Harassment. Any intentional, adverse and/or
harassing action taken by a responding individual or allied third party, absent
legitimate nondiscriminatory purposes, against a participant, or supporter of a
participant in a civil rights grievance proceeding or other protected activity under
this Code.
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25) Bystanding.
a) Complicity with or failure of any student to appropriately address known
or obvious violations of the Student Code of Conduct or law;
b) Complicity with or failure of any organized group to appropriately address
known or obvious violations of the Student Code of Conduct or law by its
members.
26) Abuse of Conduct Process. Abuse or interference with, or failure to comply in,
University processes including conduct and academic integrity hearings including,
but not limited to:
a) Falsification, distortion, or misrepresentation of information;
b) Failure to provide, destroying or concealing information during an
investigation of an alleged policy violation;
c) Attempting to discourage an individual’s proper participation in, or use of,
the campus conduct system;
d) Harassment (verbal or physical) and/or intimidation of a member of a
campus conduct body prior to, during, and/or following a campus conduct
proceeding;
e) Failure to comply with the sanction(s) imposed by the campus conduct
system; and/or
f) Influencing, or attempting to influence, another person to commit an
abuse of the campus conduct system.
Respect: University students show positive regard for each other and for the
community. Behavior that violates this value includes, but is not limited to:
27) Harm to Persons. Intentionally or recklessly causing physical harm or endangering
the health or safety of any person.
28) Threatening Behaviors:
a) Threat. Written or verbal conduct that causes a reasonable expectation of
injury to the health or safety of any person or damage to any property.
b) Intimidation. Intimidation defined as implied threats or acts that cause a
reasonable fear of harm in another.
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29) Bullying and Cyberbullying. Bullying and cyberbullying are repeated and/or
severe aggressive behaviors that intimidate or intentionally harm or control
another person physically or emotionally, and are not protected by freedom of
expression.
30) Hazing. Defined as an act that endangers the mental or physical health or safety
of a student, or that destroys or removes public or private property, for the
purpose of initiation, admission into, affiliation with, or as a condition for
continued membership in a group or organization. Participation or cooperation
by the person(s) being hazed does not excuse the violation. Failing to intervene
to prevent and/or failing to discourage and/or failing to report those acts may also
violate this policy. (See the Community Standards for more information.)
31) Intimate Partner/Relationship Violence. Violence or abuse by a person in an
intimate relationship with another. (See the Community Standards and Sexual
Misconduct Policy for further information.)
32) Stalking. Stalking includes a course of conduct directed at a specific person that
is unwelcome and would cause a reasonable person to feel fear. (See the
Community Standards and Sexual Misconduct Policy for further information.)
33) Sexual Misconduct. Includes, but is not limited to, sexual harassment, nonconsensual sexual contact, non-consensual sexual intercourse, and/or sexual
exploitation. (See Community Standards and Sexual Misconduct Policy for further
information.)
34) Public Exposure. Includes deliberately and publicly exposing one’s intimate body
parts, public urination, defecation, and public sex acts.
Responsibility: University students are given and accept a high level of responsibility to
self, to others and to the community. Behavior that violates this value includes, but is
not limited to:
35) Alcohol. Use, possession, or distribution of alcoholic beverages or paraphernalia
except as expressly permitted by law and the University’s Alcohol Policy. (See
Community Standards for further information.)
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36) Drugs. Use, possession or distribution of illegal drugs and other controlled
substances or drug paraphernalia except as expressly permitted by law and the
University’s Drug Policy. (See Community Standards for further information.)
37) Prescription Medications. Abuse, misuse, sale, or distribution of prescription or
over-the-counter medications.
38) Failure to Comply. Failure to comply with the reasonable directives of University
officials or law enforcement officers during the performance of their duties and/or
failure to identify oneself to these persons when requested to do so.
39) Financial Responsibilities. Failure to promptly meet financial responsibilities to
the institution, including, but not limited to; knowingly passing a worthless check
or money order in payment to the institution or to an official of the institution
acting in an official capacity.5
40) Arrest. Failure of any student to accurately report an off-campus arrest by any
law enforcement agency for any crime (including non-custodial or field arrests) to
the Office of Judicial and Mediation Services Affairs within seventy-two (72) hours
of release. Reporting of off-campus arrests can be done by going to 260 Gemmell
Student Center or contacting the Coordinator of Judicial Affairs by phone or email.
41) Other Policies. Violating other published University policies or rules, including all
Residence Hall policies and Student Organization conduct policies.
42) Health and Safety. Creation of health and/or safety hazards (dangerous pranks,
hanging out of or climbing from/on/in windows, balconies, roofs, etc.).
SECTION 5: OVERVIEW OF THE CONDUCT PROCESS
This overview gives a general idea of how the University’s campus conduct proceedings
work, but it should be noted that not all situations are of the same severity or complexity.
Thus, these procedures are flexible, and are not exactly the same in every situation,
5

Recognized Student Organizations and Recognized University Organizations fall outside this scope.

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though consistency in similar situations is a priority. The campus conduct process and all
applicable timelines commence with notice to an administrator of a potential violation of
University policies.6
NOTICE. Once notice of a potential conduct violation is received from any source (alleged
reporting party, Community Assistant (CA), Security Aid (SA), third party, online, etc.), the
University may proceed with a preliminary inquiry and/or may schedule an initial
educational meeting/conference with the responding student to explain the conduct
process to the responding student and gather information.
A. STEP 1: Preliminary Inquiry and/or Educational Meeting/Conference
The University conducts a preliminary inquiry into the nature of the incident, allegation
or notice, the evidence available, and the parties involved. The preliminary inquiry may
lead to:
1) A determination that there is insufficient evidence to pursue the investigation,
because the behavior alleged, even if proven, would not violate the Student Code
of Conduct, (e.g.: for reasons such as mistaken identity or allegations of behavior
that fall outside the code);
2) A more comprehensive investigation, when it is clear more information must be
gathered (see detailed procedures below); or
3) A formal allegation of a violation and/or an educational conference with the
responding student.
When an initial educational meeting/conference is held, the possible outcomes include:
● A decision not to pursue the allegation based on a lack of or insufficient evidence.
The matter should be closed and records should so indicate;
● A decision on the allegation, also known as an “informal” or “administrative”
resolution to an uncontested allegation (see immediately below); or
● A decision to proceed with additional investigation and/or referral for a “formal”
resolution through the University Conduct Board process.

6 In Title IX related issues, the “administrator” is any “mandated

reporter” as defined under Title IX and/or

campus policy.

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If a decision to not pursue on the allegation is made and the finding is that there is
insufficient evidence to support charges under the Student Code of Conduct, the process
will end. The reporting party may request that the Title IX Coordinator or designee reopen
the investigation and/or grant a hearing. This decision shall be in the sole discretion of
the Title IX Coordinator or designee and will only be granted for extraordinary cause. If
the University’s finding is that the responding student is in violation, and the responding
student accepts this finding within three days, the University considers this an
“uncontested allegation.” The administrator conducting the initial educational
conference will then determine the sanction(s) for the misconduct, which the responding
student may accept or reject. If accepted, the process ends.7
If student accepts the findings, but rejects the sanction, the University will conduct a
sanction-only hearing conducted by a University Conduct Board which will determine a
sanction for the case. Students still may appeal the decision of the University Conduct
Board to an Appeals Officer. Once the appeal is decided, the process ends.
If the administrator conducting the educational conference determines that it is more
likely than not that the responding student is in violation, and the responding student
rejects that finding in whole or in part, then it is considered a contested allegation and
the process moves to Step 2.
B. STEP 2: Formal Hearing
In a contested allegation, additional investigation may then be commenced and/or a
hearing may be held when there is reasonable cause to believe that a policy or policies
have been violated. A formal notice of the allegation will be issued, and a hearing will be
held before the University Conduct Board (UCB), which issues a finding. 8 If the finding is
that the responding student is not responsible, the process ends. Applicable appeals
options are described below.
C. STEP 3: Review and Finalize Sanction(s).
7 In cases of minor misconduct, both

steps in this paragraph can be accomplished in one meeting.
the hearing should only be overturned or modified when necessary to conform to Title IX
and/or to repair error that would result in appeal.
8 The findings of

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If the student is found in violation(s), sanctions will be determined by the UCB except in
situations covered by Title IX as it relates to sexual misconduct. Sanctions for cases
involving sexual misconduct are recommended by the UCB to the Title IX Coordinator who
will review and finalize the sanctions. This decision is subject to the University appeals
process by the responding party/parties and reporting party/parties.
SECTION 6: STUDENT CONDUCT AUTHORITY
A. Authority
The President has delegated authority over student conduct to the Vice President for
Student Affairs. The Vice President for Student Affairs appoints a Director of Judicial
Affairs Student Engagement & Development to oversee and manage the student conduct
process. The Director of Judicial Affairs Student Engagement & Development may
appoint administrative hearing and appeals officers as deemed necessary to efficiently
and effectively supervise the student conduct process. All appeals are considered at the
level of the President.
The Director of Judicial Affairs Student Engagement & Development (or designee) or Title
IX Coordinator, as appropriate, will assume responsibility for the investigation of an
allegation of misconduct to determine if the allegation has merit.
B. Gatekeeping
No allegation 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 reporting party’s statement. An allegation wholly unsupported by any credible
information will not be forwarded for a hearing.
C. Conflict Resolution Options
The Director of Judicial Affairs Student Engagement & Development, or designee, has
discretion to refer an allegation for mediation or other forms of appropriate conflict
resolution. All parties must agree to conflict resolution and to be bound by the decision
with no review/appeal. Any unsuccessful conflict resolution can be forwarded for formal
processing and hearing; however, at no time will allegations of physical sexual misconduct
or violence be mediated as the sole institutional response. The Director of Judicial Affairs
Student Engagement & Development, or designee, may also suggest that allegations that
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do not involve a violation of the Student Code of Conduct be referred for mediation or
other appropriate conflict resolution.
D. Composition of the University Conduct Board (UCB)
The Director of Judicial Affairs Student Engagement & Development, or designee, will be
responsible for assembling the UCB according to the following guidelines:
1) The membership of the UCB is selected from a pool of faculty, staff and students
who are appointed and trained annually by the Director of Judicial Affairs Student
Engagement & Development or designee.
2) For each allegation, a UCB will be chosen from the available pool, and is usually
comprised of two student members, three faculty/staff members or
administrators, and one faculty/staff member or administrator to chair the
hearing in a non-voting capacity. Availability may determine a different
composition for the UCB, and in allegations involving discrimination, sexual
misconduct, or other sensitive issues, the Director of Judicial Affairs Student
Engagement & Development or designee will usually use three
faculty/administrative/staff members for the panel and a chair. The Director of
Judicial Affairs Student Engagement & Development or designee appoints the
non-voting chair of the UCB, who assures that University procedures are followed
throughout the hearing. An alternate will also be selected for each UCB when
possible.
3) Members are drawn from the panel pool, with the only requirement being that
they be objective about the individuals involved in the case.
Responding students and any reporting parties may request removal based on
substantive reasoning. The Director of Judicial Affairs Student Engagement &
Development (or designee) will make this final decision for removal. An all
faculty/administrative/staff panel is used to hear sensitive issues involving sexual
misconduct. The Director of Judicial Affairs Student Engagement & Development will
determine when an all professional staff UCB will be required.
The Director of Judicial Affairs Student Engagement & Development (or designee) will
have final authority to approve all those serving on the UCB. The non-voting advisor to
the Board is the Director of Judicial Affairs Student Engagement & Development (or
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designee) with responsibility for training the Board, conducting preliminary
investigations, and ensuring a fair process for the reporting party and responding student.
In the event of a resignation from the Board, the Director of Judicial Affairs Student
Engagement & Development (or designee) will solicit a replacement from the group from
which the representative came. Decisions made, and sanctions imposed, by the Board or
an AHO will be final and implemented, pending the normal appeal process. At the
discretion of the Director of Judicial Affairs Student Engagement & Development (or
designee), implementation of sanctions may be stayed pending review.
E. Administrative Hearing Officers
Administrative Hearing Officers (AHO) are chosen from a pool of annually trained
administrators or staff members selected by the Director of Judicial Affairs Student
Engagement & Development. AHOs are professional hall staff and/or graduate students
and/or approved paraprofessional staff, staff from Judicial and Mediation Services Affairs,
and designated staff at the Venango College. Other full time professional staff may be
designated as necessary and are generally members of the University Conduct Board
pool.
F. University Conduct Board Pool
To serve in the panel pool, students must:
1) Be in academic good standing and have completed 15 hours of academic credit
with a cumulative GPA of at least 2.0. Students’ GPAs will be checked once grades
are released at the conclusion of each semester.
2) Be in good standing with the conduct process throughout the semester in which
they serve. Good standing is defined as having no record of misconduct during
the semester(s) in which a student wishes to serve on the panel. A serious history
of misconduct could disqualify a student for service. This includes repeated
student misconduct and/or violations of Academic Integrity.
3) Submit a letter of recommendation from a faculty member or administrator from
within the University community.

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Student Senate provides students appointed to serve on the University Conduct
Board and membership is also comprised of other student volunteers. Faculty
Senate also appoints members of the Board who serve a designated term as noted
by Faculty Senate. Additional membership is also included as faculty,
administrative, and staff volunteers.
G. Interpretation and Revision
The Director of Judicial Affairs Student Engagement & Development will develop
procedural rules for the administration of hearings that are consistent with provisions of
the Student Code of Conduct. Material deviation from these rules will, generally, only be
made as necessary and will include reasonable advance notice to the parties involved,
either by posting online and/or in the form of written communication. The Director of
Judicial Affairs Student Engagement & Development may vary procedures with notice
upon determining that changes to law or regulation require policy or procedural
alterations not reflected in this Code. The Director of Judicial Affairs Student Engagement
& Development may make minor modifications to procedure that do not materially
jeopardize the fairness owed to any party. Any question of interpretation of the Student
Code of Conduct will be referred to the Director of Judicial Affairs Student Engagement &
Development, whose interpretation is final. The Student Code of Conduct will be updated
annually under the direction of the Director of Judicial Affairs Student Engagement &
Development with a comprehensive revision process being conducted every 5 years.
SECTION 7: FORMAL CONDUCT PROCEDURES
University as Convener
The University is the convener of every action under this Code. Within that action, there
are several roles. The responding student is the person who is alleged to have violated
the Code. The reporting party, who may be a student, employee, visitor, or guest, may
choose to be present and participate in the process as fully as the responding student.
There are witnesses, who may offer information regarding the allegation. There is an
investigator(s) whose role is to present the allegations and share the evidence that the
University has obtained regarding the allegations.

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Group Violations

Recognized Student Organization (RSO)
Hearing Procedures
University Conduct Board Jurisdiction over RSOs
Cases involving the alleged violation of any University policy or regulation, misconduct, or
disruptive behavior by a RSO, or other groups in the process of becoming recognized.
● Cases may be heard against an RSO if students involved in the alleged offense
belong to a particular RSO, or if the planning or leadership of an event where an
alleged offense occurred are members of a particular RSO.
● The University Conduct Board shall also review appeals from student boards of
whatever type that have imposed sanctions on a RSO. This review process is
considered a document review to determine if the decision is fact based and
sanctioning reasonable for the alleged violation(s).

Informal Hearings
Cases not involving the revocation of recognition may be heard informally, as
specified by University procedures, with notice and the opportunity to be heard
afforded to the RSO. The Director of the Center for Leadership and Involvement
(CLI) Department of Student Engagement and Development (DSED), or his/her
designee, will discuss the charges with representatives of the RSO and afford the
RSO an informal hearing. Should justification be found, or should the alleged
misconduct merit consideration of loss of recognition, the matter will be referred
for a formal hearing.

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Formal Hearings

●

●
●
●
●
●

●
●

●

9

Such hearings shall be conducted, as warranted, by the Office of Judicial and
Mediation Services Affairs or the University Conduct Board. The University’s rules
of procedure for formal hearings shall provide RSOs with the following procedure
guarantees:
reasonable specific advanced written notice of charges containing a description of
the alleged acts of misconduct, including time, date, and place of occurrence; and
the rules of conduct allegedly violated by the RSO;
reasonably advanced written notice of the date, time, and place of the hearing,
unless such right is waived in writing by the RSO;
a reasonably sufficient interval between the date of notification of charges and
the date of the hearing, to allow the RSO to prepare a defense;
an opportunity for submission of written physical and testimonial evidence, and
for reasonable questioning of witnesses by the RSO and the accuser;
an impartial hearing which may consist of a committee, board, panel, or individual
appointed by the University;
maintenance of a written summary or digital recording of the hearing at University
expense, though RSO may be required to pay the cost of copies of requested
records;
a decision based upon presented evidence sufficient to make a reasonable person
believe that a fact sought to be proved is more likely than not;
a written adjudication in which the facts and reasons for the decision are set forth
with reasonable specificity shall be issued within 30 working days after the close
of the proceedings. In cases of alleged sexual misconduct, the reporting party or
parties shall be informed of the outcome of the hearing;9 and
a RSO may identify an advisor, who may be an attorney, to be present at hearings.
The advisor may only consult and interact privately with the RSO, unless otherwise
determined by the University regarding a particular case. In cases of alleged
sexual assault, the accuser is entitled to have an advisor present at the hearing.

See (www.clarion.edu/sexualmisconduct) for more information.

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A student group or organization and its officers and membership may be held collectively
and individually responsible when violations of this code by the organization or its
member(s):
● Take place at organization-sponsored or co-sponsored events, whether
sponsorship is formal or tacit;
● Have received the consent or encouragement of the organization or of the
organization’s leaders or officers; or
● Were known or should have been known to the membership or its officers.
Hearings for student groups or organizations follow the same general student conduct
procedures. In any such action, individual determinations as to responsibility will be
made and sanctions may be assigned collectively and individually and will be
proportionate to the involvement of each individual and the organization.

Amnesty
1) For Reporting Parties
The University provides amnesty to reporting parties who may be hesitant to
report to University officials because they fear that they themselves may be
accused of policy violations, such as underage drinking, at the time of the incident.
Educational options will be explored, but no conduct proceedings or conduct
record will result.10
2) For Those Who Offer Assistance
To encourage students to offer help and assistance to others, University pursues
a policy of amnesty for minor violations when students offer help to others in
need. At the discretion of the Director of Judicial Affairs Student Engagement &
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.

10 Records regarding the provision of amnesty, however, will be maintained.

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3) 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 are offered amnesty
for their minor violations. Educational options will be explored, but no conduct
proceedings or record will result.
Abuse of amnesty requests can result in a decision by the Director of Judicial
Affairs Student Engagement & Development not to extend amnesty to the same
person repeatedly.
4) Safe Harbor
The University has a Safe Harbor policy 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 University officials outside the threat of drug tests or conduct sanctions and
seeks assistance, a conduct allegation will 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.

Notice of Alleged Violation
Any member of the University community, visitor or guest may allege a policy violation(s)
by any student for misconduct under this Code by submitting an incident report at
www.clarion.edu/judicial, by contacting Judicial and Mediation Services Affairs in 212
Becht Hall 260 Gemmell Student Center, or by working with Residence Life and Housing
Staff to properly document an incident.
Notice may also be given to the Director of Judicial Affairs Student Engagement &
Development (or designee) and/or to the Title IX Coordinator, when appropriate.
Additionally, administrators may act on notice of a potential violation whether a formal
allegation is made or not. All allegations can be submitted by the person experiencing
the misconduct or a third party, and should be submitted as soon as possible after the
offending event occurs. The University has the right to pursue an allegation or notice of
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misconduct on its own behalf and to serve as convener of the subsequent campus
conduct process.
The Director of Judicial Affairs Student Engagement & Development (or designee) will
assume responsibility for the investigation of the alleged violation as described in the subsection below.

Investigation
The Director of Judicial Affairs Student Engagement & Development or Title IX
Coordinator will appoint an investigator(s) for allegations under this Student Conduct of
Code.11 The University may undertake a short delay in its investigation (several days to
weeks, to allow evidence collection) when criminal charges on the basis of the same
behaviors that invoke this process are being investigated. The University will promptly
resume its investigation and resolution processes once notified by law enforcement that
the initial evidence collection process is complete. University action will not typically be
altered or precluded on the grounds that civil or criminal charges involving the same
incident have been filed or that charges have been dismissed or reduced.
All investigations will be thorough, reliable, impartial, prompt and fair. Investigations
entail interviews with all relevant parties and witnesses, obtaining available evidence and
identifying sources of expert information, as necessary.
The investigator(s) will take the following steps, if not already completed by the
Coordinator or designee.
1) Initiate any necessary remedial actions on behalf of the reporting party (if
any).
2) Determine the identity and contact information of the reporting party,
whether that person is the initiator of the allegation, the reporting party, or a
University proxy or representative.

11

For any allegation that falls under Title IX (e.g. sexual misconduct) or involves any other form of
discrimination, the Director of Judicial Affairs Student Engagement & Development will work under the
direction of the Title IX Coordinator.

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3) Conduct an immediate preliminary inquiry to identify an initial list of all
policies that may have been violated, to review the history of the parties, the
context of the incident(s), any potential patterns and the nature of the
allegation.
a) If the reporting party is reluctant to pursue the allegation, determine
whether the allegation should still be pursued and whether sufficient
independent evidence could support the allegation without the
participation of the reporting party.
b) Notify the reporting party of whether the University intends to pursue
the allegation regardless of their involvement, and inform the
reporting party of their rights in the process and option to become
involved if they so choose.
c) Preliminary inquiry usually takes between 1-7 business days to
complete.
4) If indicated by the preliminary investigation and authorized by the Title IX
Coordinator or Director of Judicial Affairs Student Engagement &
Development, conduct a comprehensive investigation to determine if there is
reasonable cause to believe that the responding student violated University
policy, and to determine what specific policy violations should serve as the
basis for the allegation.
a) If there is insufficient evidence through the investigation to support
reasonable cause, the allegations will be closed with no further action.
b) A comprehensive investigation usually takes between one day and two
weeks, though longer investigations may be warranted in some cases.
5) Meet with the reporting party to finalize their statement, which will be drawn
up by the investigator or designee as a result of this meeting.
6) Commence a thorough, reliable and impartial investigation by developing a
strategic investigation plan, including a witness list, evidence list, intended
timeframe, and order of interviews for all witnesses and the responding
student, who may be given notice of the interview prior to or at the time of
the interview.
a) Prepare the notice of alleged policy violation(s) on the basis of the
reasonable cause determination, which may be delivered prior to,
during or after the responding student is interviewed, at the discretion
of the investigator(s).
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7) Interview all relevant witnesses, summarize the information they are able to
share and have each witness sign the summary to verify its accuracy.
8) Obtain all documentary evidence and information that is available.
9) Obtain all physical evidence that is available.
10) If possible, provide written notification to the parties prior to their interviews that
they may have the assistance of an advisor of their choosing present for all
meetings attended by the advisee.
11) Provide reporting party and responding party with a written description of the
alleged violation(s), a list of all policies allegedly violated, a description of the
applicable procedures and a statement of the potential sanctions/responsive
actions that could result.
12) Prior to the conclusion of the investigation, provide the reporting party and
the responding party with a list of witnesses whose information will be used
to render a finding.
13) Allow each party the opportunity to suggest questions they wish the
investigators to ask of the other party and witnesses.
14) Provide parties with all relevant evidence to be used in rendering a
determination and provide each with a full and fair opportunity to address that
evidence prior to a finding being rendered.
15) Complete the investigation promptly, and without unreasonable deviation
from the intended timeline.
16) Provide regular updates to the reporting party throughout the investigation,
and to the responding party, as appropriate.
17) Once the report is complete, the report is shared with the parties for their review
and comment. The investigators may incorporate feedback from the parties as
appropriate.
18) Complete the investigation promptly by analyzing all available evidence
without unreasonable deviation from the intended timeline.
19) Make a finding, based on a preponderance of the evidence (whether a policy
violation is more likely than not) in consultation with the Director of Judicial
Affairs Student Engagement & Development and/or Title IX Coordinator.
20) Prepare an investigation report.
21) Present the investigation report and findings to the responding student, who
may:
a) accept the findings;
b) accept the findings in part and reject them in part; or
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c) reject all findings.

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22) Share the findings and update the reporting party on the status of the
investigation and the outcome.12
At any point during the investigation, if it is determined there is no reasonable cause to
believe that University policy has been violated, the Director of Judicial Affairs Student
Engagement & Development and/or the Title IX Coordinator has authority to terminate
the investigation and end resolution proceedings.
Witnesses (as distinguished from the parties) are expected to cooperate with and
participate in the University’s investigation and the conduct process. Failure of a witness
to cooperate with and/or participate in the investigation or conduct process constitutes
a violation of policy and may be subject to discipline. Witnesses may provide written
statements in lieu of interviews during the investigation and may be interviewed remotely
by phone, Skype (or similar technology), if they cannot be interviewed in person or if the
investigators determine that timeliness or efficiency dictate a need for remote
interviewing. Parties who elect not to participate in the investigation or to withhold
information from the investigation do not have the ability to offer evidence later during
the appeal if it could have been offered during the investigation. Failure to offer evidence
prior to an appeal does not constitute grounds for appeal on the basis of new evidence.
No unauthorized audio or video recording of any kind is permitted during investigation
meetings or other conduct proceedings.
Commented [TK1]: On page 47, #8 states that
notification of the outcome will be made within 10
business days of the hearing.

See comment for why I changed 3 days to 10 days below.
12

Where allegations fall within Title IX and/or VAWA Section 304, the following description of the sharing
of the outcome will pertain to all steps in the process in which the outcome is shared. The appropriate
administrator will inform the parties of the final determination within three (3) ten (10) days of the
resolution, without significant time delay between notifications. Notification will be made in writing and
may be delivered by one or more of the following methods: in person; mailed to the local or permanent
address of the parties as indicated in official University records; or emailed to the parties’ University-issued
email account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.
The notification of outcome will specify the finding on each alleged policy violation, any sanctions that may
result which the University is permitted to share according to state or federal law, and the rationale
supporting the essential findings to the extent the University is permitted to share under state or federal
law. The notice will also include information on when the results are considered by the University to be
final, any changes that occur prior to finalization, and any appeals options that are available.

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Advisor
Each party is allowed to have an advisor of their choice present with them for all conduct
meetings and proceedings, from intake through to final determination. The parties may
select whomever they wish to serve as their advisor as long as the advisor is eligible and
available, and usually otherwise not involved in the resolution process, such as serving as
a witness. An advisor may be permitted to serve as a character witness; however the
responding/reporting party must request this, and approval will be given at the discretion
of the Director of Student Engagement and Development (or designee). The advisor may
be a friend, mentor, family member, attorney or any other supporter a party chooses to
advise them who is available and eligible. Witnesses cannot also serve as advisors. The
parties may choose advisors from inside or outside the campus community.
The parties may be accompanied by their advisor in all meetings and interviews at which
the party is entitled to be present, including intake and interviews. Advisors should help
their advisees prepare for each meeting, and are expected to advise ethically, with
integrity and in good faith. The University cannot guarantee equal advisory rights,
meaning that if one party selects an advisor who is an attorney, but the other party does
not, or cannot afford an attorney, the University is not obligated to provide one.
All advisors are subject to the same campus rules, whether they are attorneys or not.
Advisors may not address campus officials in a meeting or interview unless invited to. The
advisor may not make a presentation or represent the reporting party or the responding
party during any meeting or proceeding and may not speak on behalf of the advisee to
the investigators or hearing panelists. The parties are expected to ask and respond to
questions on their own behalf, without representation by their advisor. Advisors may
confer quietly with their advisees or in writing as necessary, as long as they do not disrupt
the process. For longer or more involved discussions, the parties and their advisors
should ask for breaks or step out of meetings to allow for private conversation. Advisors
will typically be given an opportunity to meet in advance of any interview or meeting with
the administrative officials conducting that interview or meeting. This pre-meeting will
allow advisors to clarify any questions they may have, and allows the University an
opportunity to clarify the role the advisor is expected to take.

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Advisors are expected to refrain from interference with the investigation and resolution.
Any advisor who steps out of their role will be warned once and only once. If the advisor
continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor
will be asked to leave the meeting. When an advisor is removed from a meeting, that
meeting will typically continue without the advisor present. Subsequently, the Director
of Judicial Affairs Student Engagement & Development and/or Title IX Coordinator will
determine whether the advisor may be reinstated, may be replaced by a different advisor,
or whether the party will forfeit the right to an advisor for the remainder of the process.
The University expects that the parties will wish to share documentation related to the
allegations with their advisors. The University provides a consent form that authorizes
such sharing.13 The parties must complete this form before the University is able to share
records with an advisor, though parties may share the information directly with their
advisor if they wish. Advisors are expected to maintain the privacy of the records shared
with them. These records may not be shared with third parties, disclosed publicly, or used
for purposes not explicitly authorized by the University. The University may seek to
restrict the role of any advisor who does not respect the sensitive nature of the process
or who fails to abide by the University’s privacy expectations.
The University expects an advisor to adjust their schedule to allow them to attend
University meetings when scheduled. The University does not typically change scheduled
meetings to accommodate an advisor’s inability to attend. The University will, however,
make reasonable provisions to allow an advisor who cannot attend in person to attend a
meeting by telephone, video and/or virtual meeting technologies as may be convenient
and available.
A party may elect to change advisors during the process, and is not locked into using the
same advisor throughout. The parties must advise the investigators of the identity of
their advisor at least one (1) day before the date of their first meeting with investigators
(or as soon as possible if a more expeditious meeting is necessary or desired). The parties
must provide timely notice to investigators if they change advisors at any time.

13

Please go to https://publicdocs.maxient.com/reportingform.php?ClarionUniv&layout_id=11 to
complete the form for release of information.

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Findings
The following options (1-3) describe how to proceed depending on whether the
responding student is found responsible and whether the responding student accepts
or rejects the findings and/or the sanctions either in whole or in part.
1) The Responding Student is Found “Not Responsible”
Where the responding student is found not responsible for the alleged
violation(s), the investigation will be closed. The reporting party, if any, may
request that the Vice President for Student Affairs review the investigation file
to possibly re-open the investigation or convene a hearing. The decision to reopen an investigation or convene a hearing rests solely in the discretion of the
Vice President for Student Affairs in these cases, and is granted only on the
basis of extraordinary cause.
2) The Responding Student Accepts a Finding of “Responsible”
a) The Responding Student Accepts a Finding of “Responsible” and
Accepts the Recommended Sanctions.
Should the responding student accept the finding that they violated
University policy, the investigator will recommend appropriate
sanctions for the violation. In cases involving discrimination,
recommended sanctions will act to end the discrimination, prevent its
recurrence, and remedy its effects on the reporting party and the
University community. If the responding student accepts these
recommended sanctions, the sanctions are implemented by the
Director of Judicial Affairs Student Engagement & Development and
the process ends. There will be a three-day period for review between
the date of acceptance and when the resolution becomes final. Should
the responding student decide to reject the sanctions within that time
period, Option 2B, below, will apply. This outcome is not subject to
appeal.
b) The Responding Student Accepts a Finding of “Responsible” and
Rejects the Sanctions Recommended.
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If the responding student accepts the “responsible” findings, but
rejects the recommended sanctions, there will be a UCB hearing on the
sanction, only. Hearing procedures are detailed below. An appeal of
the sanction(s) issued by a UCB may be filed by any party to the
allegation as detailed below.
3) Responding Student Rejects the Findings Completely or In-part
a) Responding Student Rejects the Findings Completely
Where the responding student rejects the finding that they violated
University policy, a formal hearing will be convened within seven
fifteen business days, barring exigent circumstances.
At the hearing, the investigator(s) will present their report to the panel,
the panel will hear from the parties, and any necessary witnesses. The
investigation report will be considered by the panel, which renders an
independent and objective finding. UCB procedures are detailed
below.
If the panel finds the responding student not responsible for all
violations, the Director of Judicial Affairs Student Engagement &
Development (or designee) will timely inform the parties of this
determination and the rationale for the decision in writing. This
determination is subject to appeal by any party to the allegation.
Appeal review procedures are outlined below.
If the UCB finds a violation, it will determine sanctions/responsive
actions and render a decision typically within ten (10) days of the
hearing and timely notify the parties in writing. An appeal of the
finding(s) and/or sanction(s) issued by the UCB may be filed by any
party to the allegation as detailed below.
b) Responding Student Accepts the Findings in Part and Rejects in Part
Where the responding student rejects in part the finding that they violated
University policy, there will be a formal hearing solely on the disputed
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Commented [TK2]: I don’t think 7 days is enough time
for me to get a hearing scheduled. Also, it states on
page 44 (at the very top) that students who deny
violating the code, will be given a minimum of 7 days to
prepare unless they want to proceed more quickly. I
think extending it to 15 business days makes it more
realistic, and will give the student(s) time to prepare
(seek an advisor, witnesses, etc.).

allegations within ten business days, barring exigent circumstances. If the
University Conduct Board finds a violation, it will determine
sanctions/responsive actions and render a decision typically within 10
business days of the hearing and timely notify the parties in writing. For
all findings holding a responding student responsible for a violation, the
University will follow the sanctioning process detailed on pages 40-46-50
below. If the Panel finds the responding student “Not Responsible” on any
of the contested allegations, the process will move to the Sanctioning
Phase on only the uncontested allegations, as detailed on pages 40-46-50
below. An appeal of the finding(s) and/or sanction(s) issued by the UCB
may be filed by any party to the allegation as detailed below.

Special Hearing Provisions for Sexual Misconduct, Discrimination and
Other Allegations of a Sensitive Nature
All hearings under this sub-section will be conducted by a three member administrative
University Conduct Board (UCB) drawn from the UCB pool. For sexual misconduct,
discrimination and other allegations of a sensitive nature, whether the alleged reporting
party is serving as the reporting party or as a witness, alternative testimony options may
be provided, such as placing a privacy screen in the hearing room or allowing the alleged
reporting party to testify from another room via audio or audio/video technology. While
these options are intended to help make the reporting party more comfortable, they are
not intended to work to the disadvantage of the responding student. Assistive technology
will also be used for responding students if they are unable to attend in person but wish
to participate. Examples would be to use telephone or video conferencing if that option
is requested by the student and the UCB is able to accommodate. Ability to video
conference is not guaranteed due to venue and technology limitations.
The past sexual history or sexual character of a party will not be admissible by the other
parties in hearings unless such information is determined to be highly relevant by the
panel Chair. All such information sought to be admitted by a party or the University will
be presumed irrelevant until a showing of relevance is made, in advance of the hearing
or in recess, to the Chair. Demonstration of pattern, repeated, and/or predatory behavior
by the responding student, in the form of previous findings in any legal or campus
proceeding, or in the form of previous good faith allegations, will always be relevant to
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Commented [TK3]: These page #’s will need updated
based on the page this content is located on after the
updates are made.
Commented [TK4]: These page #’s will need updated
based on the page this content is located on after the
updates are made.

the finding, not just the sanction, and will be admissible. To the extent possible, the
parties will be notified in advance if any such information is deemed relevant and will be
introduced in the hearing.
Interim Remedies/Actions
The Title IX Coordinator or Director of Judicial Affairs Student Engagement &
Development (or designee) may provide interim remedies intended to address the shortterm effects of harassment, discrimination and/or retaliation, i.e., to redress harm to the
reporting party and the community and to prevent further violations.
These remedies may include, but are not limited to:
● Referral to counseling and health services
● Education to the community
● Altering the housing situation of the responding party (or the reporting party, if
desired)
● Altering work arrangements for employees
● Providing campus escorts
● Providing transportation accommodations
● Implementing contact limitations between the parties
● Implementing trespass restrictions on a party or parties
● Offering adjustments to academic deadlines, course schedules, etc.
The University will maintain as confidential any interim actions or protective measures,
provided confidentiality does not impair the institution’s ability to provide the interim
actions or protective measures.
Statement of the Reporting Party’s Rights:
● The right to investigation and appropriate resolution of all credible allegations of
sexual misconduct or discrimination made in good faith to University officials;
● The right to be informed in advance of any public release of information regarding
the incident;

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● The right not to have any personally identifiable information released to the
public, without their consent;
● The right to be treated with respect by University officials;
● The right to have University policies and procedures followed without material
deviation;
● The right not to be pressured to mediate or otherwise informally resolve any
reported misconduct involving violence, including sexual violence;
● The right not to be discouraged by University officials from reporting sexual
misconduct or discrimination to both on-campus and off-campus authorities;
● The right to be informed by University officials of options to notify proper law
enforcement authorities, including on-campus and local police, and the option to
be assisted by campus authorities in notifying such authorities, if the reporting
party so chooses. This also includes the right not to be pressured to report, as
well;
● The right to have reports of sexual misconduct responded to promptly and with
sensitivity by campus law enforcement and other campus officials;
● The right to be notified of available counseling, mental health, victim advocacy,
health, legal assistance, student financial aid, visa and immigration assistance, or
other student services, both on campus and in the community;
● The right to a campus no contact order (or a trespass order against a student or
non-affiliated third party) when someone has engaged in or threatens to engage
in stalking, threatening, harassing or other improper behavior that presents a
danger to the welfare of the reporting party or others;
● The right to notification of and options for, and available assistance in, changing
academic and living situations after an alleged sexual misconduct incident, if so
requested by the reporting party and if such changes are reasonably available (no
formal report, or investigation, campus or criminal, need occur before this option
is available). Accommodations may include:
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o Change of an on-campus student’s housing to a different on-campus
location;
o Assistance from University support staff in completing the relocation;
o Transportation accommodations;
o Arranging to dissolve a housing contract and pro-rating a refund;
o Exam (paper, assignment) rescheduling;
o Taking an incomplete in a class;
o Transferring class sections;
o Temporary withdrawal; and
o Alternative course completion options.
● The right to have the University maintain such accommodations for as long as is
necessary, and for protective measures to remain confidential, provided
confidentiality does not impair the institution’s ability to provide the
accommodations or protective measures;
● The right to be fully informed of campus policies and procedures as well as the
nature and extent of all alleged violations contained within the report;
● The right to ask the investigators to identify and question relevant witnesses,
including expert witnesses;
● The right to review all documentary evidence available regarding the report,
subject to the privacy limitations imposed by state and federal law, prior to a
finding by the appropriate administrator;
● The right to be informed of the names of all witnesses whose information will be
used to render a finding, in advance of that finding, except in cases where a
witness’s identity will not be revealed to the responding party for compelling
safety reasons (this does not include the name of the reporting party, which will
always be revealed);
● The right not to have irrelevant prior sexual history admitted as evidence;
● The right to regular updates on the status of the investigation and/or resolution;

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● The right to have reports addressed by investigators and appropriate
administrators who have received at least eight hours of annual sexual misconduct
training;
● The right to preservation of privacy, to the extent possible and permitted by law;
● The right to meetings and/or interviews that are closed to the public;
● The right to petition that any University representative in the process be recused
on the basis of demonstrated bias or conflict-of-interest;
● The right to bring a victim advocate or advisor of the reporting party’s choosing to
all phases of the investigation and resolution proceeding;
● The right to have the university compel the participation of student, faculty and
staff witnesses, and the opportunity (if desired) to provide the investigators with
a list of potential questions to ask of witnesses, and the right to challenge
documentary evidence;
● The right to submit an impact statement in writing to the appropriate
administrator following determination of responsibility, but prior to sanctioning;
● The right to be promptly informed of the outcome and sanction of the resolution
process in writing, without undue delay between the notifications to the parties;
and
● The right to be informed in writing of when a decision by the University is
considered final, any changes to the sanction to occur before the decision is
finalized, to be informed of the right to appeal the finding and sanction of the
resolution process, and the procedures for doing so in accordance with the
standards for appeal established by the University.
Statement of the Responding Party’s Rights:
● The right to investigation and appropriate resolution of all credible reports of
sexual misconduct and/or discrimination made in good faith to University
administrators;
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● The right to be informed in advance, when possible, of any public release of
information regarding the report;
● The right to be treated with respect by University officials;
● The right to have University policies and procedures followed without material
deviation;
● The right to be informed of and have access to campus resources for medical,
health, counseling, and advisory services;
● The right to timely written notice of all alleged violations, including the nature of
the violation, the applicable policies and procedures and possible sanctions;
● The right to review all documentary evidence available regarding the report,
subject to the privacy limitations imposed by state and federal law, prior to the
finding by the appropriate administrator;
● The right to be informed of the names of all witnesses whose information will be
used to render a finding, prior to final determination, except in cases where a
witness’s identity will not be revealed to the responding party for compelling
safety reasons (this does not include the name of the reporting party, which will
always be revealed);
● The right not to have irrelevant prior sexual history admitted as evidence in a
campus resolution process;
● The right to have reports addressed by investigators and appropriate
administrators who have received annual training;
● The right to petition that any University representative be recused from the
resolution process on the basis of demonstrated bias and/or conflict-of-interest;
● The right to meetings and interviews that are closed to the public;
● The right to have the University compel the participation of student, faculty and
staff witnesses, and the opportunity to provide the investigators with a list of
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potential questions to ask of witnesses, and the right to challenge documentary
evidence;
● The right to have an advisor of their choice to accompany and assist throughout
the campus resolution process;14
● The right to a fundamentally fair resolution, as defined in these procedures;
● The right to provide an impact statement in writing to the appropriate
administrator following any determination of responsibility, but prior to
sanctioning;
● The right to a decision based solely on evidence presented during the resolution
process. Such evidence shall be credible, relevant, based in fact, and without
prejudice;
● The right to be promptly informed of the outcome and sanction of the resolution
process in writing, without undue delay between the notifications to the parties;
● The right to be informed in writing of when a decision of the University is
considered final, any changes to the sanction to occur before the decision is
finalized, to be informed of the right to appeal the finding and sanction of the
resolution process, and the procedures for doing so in accordance with the
standards for appeal established by the University.

Notice of Hearing
Once a determination is made that reasonable cause exists for the Director of Judicial
Affairs Student Engagement & Development (or designee) to refer an allegation for a
hearing, notice will be given to the responding student. Notice will be in writing and may
be delivered by one or more of the following methods: in person by the Director of Judicial
Affairs Student Engagement & Development (or designee); mailed to the local or
permanent address of the student as indicated in official University records; or emailed

14

See pages 29-30 for the role of an Advisor.

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to the student’s University-issued email account. Once mailed, emailed and/or received
in-person, such notice will be presumptively delivered. The letter of notice will:
1) Include the alleged violation and notification of where to locate the Student Code
of Conduct and University procedures for resolution of the allegation; and
2) Direct the responding student to contact the Director of Judicial Affairs Student
Engagement & Development (or designee) within a specified period of time to
respond to the allegation. This time period will generally be no less than two
days15 from the date of delivery of the summons letter.
A meeting with the Director of Judicial Affairs Student Engagement & Development (or
designee) may be arranged to explain the nature of the allegation and the conduct
process. At this meeting, the responding student may indicate, either verbally or in
writing, to the Director of Judicial Affairs Student Engagement & Development (or
designee), whether they admit to or deny the allegations. If a student does not contact
the Director of Student Engagement & Development (or designee) within the stated
period of time, the student’s case may be resolved in their absence by reviewing the
information that is available. A student may choose to appeal the finding and/or sanctions
of a case resolved in their absence based on the appeal guidelines outlined in this
document.
Conduct violations that occur in campus housing (ex: noise violations, improper
checkouts, prohibited items, fire safety, etc.), which result in a minimum sanction of a
disciplinary warning being issued with responsibility being founded, may be adjudicated
in the absence of the alleged student without notice of a hearing being provided to the
student. This process may be utilized at the discretion of the Director of Student
Engagement & Development (or designee). Students should be aware that a disciplinary
warning in these types of incidents represents a reminder of the policy in place related to
the alleged violation, and is not information that is released when a disciplinary check is
conducted. Students who disagree with the finding and/or sanction issued in these
incidents may submit an appeal in accordance with the standards for appeal established
by the University.

15

“Day”, used throughout this document, refers to normal business days when the University is in
operation.

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Commented [TK5]: They would be allowed to appeal
both the finding and sanction since they were absent
from their hearing; and therefore, would not have been
able to accept or reject responsibility or the sanctions.

Commented [TK6]: This would allow the Judicial
Affairs student worker to hear these cases without
providing notification to the student.

Interim Action
Under the Student Code of Conduct, the Vice President of Student Affairs (or designee)
may impose restrictions and/or separate a student from the community pending the
scheduling of a campus hearing on alleged violation(s) of the Student Code of Conduct
when a student represents a threat of serious harm to others, is facing allegations of
serious criminal activity, to preserve the integrity of an investigation, to preserve
University property and/or to prevent disruption of, or interference with, the normal
operations of the University. Interim actions can include separation from the institution
or restrictions on participation in the community for no more than ten (10) business days
pending the scheduling of a campus hearing on alleged violation(s) of the Student Code
of Conduct. Interim suspensions may be required for more than ten (10) business days
dependent on the investigation and/or other extenuating circumstances. A student who
receives an interim suspension may request a meeting with the Vice President for Student
Affairs or designee to demonstrate why an interim suspension is not merited. Regardless
of the outcome of this meeting, the University may still proceed with the scheduling of a
campus hearing.
During an interim suspension, a student may be denied access to University housing
and/or the University campus/facilities/events. As determined appropriate by the
Director of Judicial Affairs Student Engagement & Development, this restriction may
include classes and/or all other University activities or privileges for which the student
might otherwise be eligible. At the discretion of the Director of Judicial Affairs Student
Engagement & Development and with the approval of, and in collaboration with, the
appropriate Dean(s), alternative coursework options may be pursued to ensure as
minimal an impact as possible on the responding student.

Hearing Options & Preparation
Except in an allegation involving failure to comply with the summons of the Director of
Judicial Affairs Student Engagement & Development (or designee), no student may be
found to have violated the Student Code of Conduct solely as a result of the student’s
failure to appear for a hearing. In all such instances, conduct hearings will proceed as
scheduled and the information in support of the allegation will be presented to, and
considered by the panel presiding over the hearing.
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At any point prior to the hearing, where the responding student admits to violating the
Student Code of Conduct, the Director of Judicial Affairs Student Engagement &
Development (or designee) may invoke administrative hearing procedures to determine
and administer appropriate sanctions without a formal hearing. This process is also
known as an educational conference. In an administrative conference, allegations will be
heard and determinations will be made by the Director of Judicial Affairs Student
Engagement & Development or designee.
Where the responding student denies violating the Student Code of Conduct or rejects the
sanctions that are issued during their administrative conference, a formal hearing will be
conducted. This process is known as a University Conduct Board (UCB) hearing. At the
discretion of the Director of Judicial Affairs (or designee), a request by one or more of the
parties to the allegation for an administrative conference may be considered. Students
who deny a violation for which a UCB hearing will be held will be given a minimum of
seven days to prepare unless all parties wish to proceed more quickly. Preparation for a
UCB hearing is summarized in the following guidelines:
1) Notice of the time, date and location of the hearing will be in writing and may be
delivered by one or more of the following methods: in person by the Director of
Judicial Affairs Student Engagement & Development (or designee); mailed to the
local or permanent address of the student as indicated in official University
records; or emailed to the student’s University-issued email account. Once
mailed, emailed and/or received in-person, such notice will be presumptively
delivered. Redacted copies of the reports and other information for the case may
be requested by the responding party by completing a request form found at
www.clarion.edu/judicial.
1)
2) The reporting party may fully participate in the hearing or may elect to have the
University administration present the evidence. Where there is no reporting
party, the University administration will serve as the reporting party.
3) If a responding student fails to respond to notice from the Director of Judicial
Affairs Student Engagement & Development (or designee), the Director of Judicial
Affairs Student Engagement & Development (or designee) may initiate an
allegation for failure to comply with the directives of a University official and give
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Commented [TK7]: My understanding is that all cases
go to administrative conference before UCB regardless
of a student’s request.

Formatted: Indent: Left: 0.5", No bullets or numbering

notice of this offense. Unless the student responds to this notice within three (3)
days by answering the original notice, an administrative conference may be
scheduled and held on the student’s behalf. As a result, the student may be
administratively withdrawn from attending classes or a disciplinary hold may be
placed on their University account, deeming them ineligible to register for courses
or University housing until such time as the student responds to the initial
allegation.
4) At least three (3) days before any scheduled formal hearing, the following will
occur:
a) The responding student will deliver to the Director of Judicial Affairs
Student Engagement & Development (or designee) a written response to
the allegation;
b) The responding student will deliver to the Director of Judicial Affairs
Student Engagement & Development (or designee) a written list of all
suggested eye witnesses they plan to call at the hearing and including any
character witnesses;
c) The responding student will deliver to the Director of Judicial Affairs
Student Engagement & Development (or designee) all physical evidence
the student intends to use or needs to have present at the hearing and will
indicate who has possession or custody of such evidence, if known, so that
the Director of Judicial Affairs Student Engagement & Development can
arrange for its presence;
d) The reporting party will deliver to the Director of Judicial Affairs Student
Engagement & Development (or designee) a written list of all suggested
witnesses for the University to call at the hearing;
e) The reporting party will deliver to the Director of Judicial Affairs Student
Engagement & Development (or designee) all items of physical evidence
needed at the hearing and will indicate who has possession or custody of
such evidence, if known, so that the Director of Judicial Affairs Student
Engagement & Development can arrange for its presence; and
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f) The reporting party and the responding student will notify the Director of
Judicial Affairs Student Engagement & Development (or designee) of the
names of any advisors/advocates who may be accompanying the parties
at the hearing.
5) The Director of Judicial Affairs Student Engagement & Development (or designee)
will ensure that the hearing information and any other available written
documentation is shared with the parties at least two (2) days before any
scheduled hearing. In addition, the parties will be given a list of the names of all
the UCB members in advance. Should any party object to any panelist, that party
must raise all objections, in writing, to the Director of Judicial Affairs Student
Engagement & Development immediately. A UCB member will only be unseated
if the Director of Judicial Affairs Student Engagement & Development concludes
that their bias precludes an impartial hearing of the allegation. Additionally, UCB
members who feel they cannot make an objective determination must recuse
themselves from the proceedings.

University Conduct Board (UCB) Hearing Procedures
The Director of Judicial Affairs Student Engagement & Development (or designee) will
appoint one UCB member as the Chair for the hearing. The parties have the right to be
present at the hearing; however, they do not have the right to be present during
deliberations. If a student cannot attend the hearing, it is that student’s responsibility to
notify the Director of Judicial Affairs Student Engagement & Development no less than
three (3) days prior to the scheduled hearing to arrange for another date, time and
location. Except in cases of grave or unforeseen circumstances, if the responding student
fails to give the requisite minimum three (3) day notice, or if the responding student fails
to appear, the hearing will proceed as scheduled. If the reporting party fails to appear,
the allegation may be dropped unless the University chooses to pursue the allegation on
its own behalf, as determined by the Director of Judicial Affairs Student Engagement &
Development.

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The Director of Judicial Affairs Student Engagement & Development (or designee), and
the Chair and the voting UCB members will conduct UCB hearings according to the
following guidelines:
1) Hearings will be closed to the public.
2) Admission to the hearing of persons other than the parties involved will be at the
discretion of the board chair and the Director of Judicial Affairs Student
Engagement & Development (or designee).
3) In hearings involving more than one responding student, the standard procedure
will be to hear the allegations jointly; however, the Director of Judicial Affairs
Student Engagement & Development (or designee) may permit the hearing
pertinent to each responding student to be conducted separately. In joint
hearings, separate determinations of responsibility will be made for each
responding student.
4) The reporting party, the responding student, the panel, and the Director of Judicial
Affairs Student Engagement & Development (or designee) will have the privilege
of questioning all present witnesses and questioning all present parties (directly
or through the Chair, at the discretion of the Chair). Unduly repetitive witnesses
can be limited at the discretion of the UCB Chair.
5) Pertinent records, exhibits, and written statements may be accepted as
information for consideration by the UCB. Formal rules of evidence are not
observed. The Chair may limit the number of character witnesses presented or
may accept written affidavits of character instead.
6) All procedural questions are subject to the final decision of the Chair. The Chair
may consult the Director of Judicial Affairs Student Engagement & Development
(or designee).
7) After a panel hearing, the panel will deliberate and determine, by majority vote,
whether it is more likely than not that the responding student has violated the
Student Code of Conduct. The Director of Judicial Affairs Student Engagement &
Development (or designee) will be present and available as a resource during all
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deliberations. Once a finding is determined, if the finding is that of a policy
violation, the UCB will determine an appropriate sanction(s). The Director of
Judicial Affairs Student Engagement & Development (or designee) is responsible
for informing the UCB of applicable precedent and any previous conduct violations
or other relevant pattern information about the responding student. The Chair
will prepare a written deliberation report and deliver it to the Director of Judicial
Affairs Student Engagement & Development (or designee), detailing the
recommended finding, how each member voted, the information cited by the
panel in support of its finding and/or sanctions, and any information the panel
excluded from its consideration and why. This report should conclude with any
sanctions and recommended remedies. This report should not typically exceed
two pages in length and must be submitted to the Director of Judicial Affairs
Student Engagement & Development within two (2) days of the end of
deliberations.
8) The Director of Judicial Affairs Student Engagement & Development (or designee)
will implement the UCB’s finding and sanctions and will communicate that
outcome to the parties within 10 business days of the hearing. Notification will
be made in writing and may be delivered by one or more of the following methods:
in person by the Director of Judicial Affairs Student Engagement & Development
(or designee); mailed to the local or permanent address of the student as indicated
in official University records; or emailed to the student’s University-issued email
account. Once mailed, emailed and/or received in-person, such notice will be
presumptively delivered.
9) In cases of sexual misconduct and other crimes of violence, notice of the outcome
will be delivered to all parties simultaneously, meaning without substantial delay
between the notifications to each. The notice will include the findings, any
sanctions and a rationale therefor, as well as the right to be informed of when the
decision is considered final, any changes to the sanction that occur before the
decision is finalized, to be informed of the right to appeal the finding and sanction
of the resolution process, and the procedures for doing so in accordance with the
standards for appeal established by the University.
10) There will be a single verbatim record, such as an audio recording, for all UCB
hearings. Deliberations will not be recorded. The record will be the property of
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the University and maintained according to the University’s record retention
policy.

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Conduct Sanctions
One or more of following sanctions may be imposed upon any student for any single
violation of the Student Code of Conduct:
1) Warning: An official written notice that the student has violated University
policies and/or rules and that more severe conduct action will result should the
student be involved in other violations while the student is enrolled at the
University.
2) Restitution: Compensation for damage caused to the University or any person’s
property. This could also include situations such as failure to return a reserved
space to proper condition – labor costs and expenses. This is not a fine but, rather,
a repayment for labor costs and/or the value of property destroyed, damaged,
consumed, or stolen.
3) Educational Opportunities: Include but are not limited to Online Judicial Modules,
workshops for alcohol, controlled substances, and quality of life concerns.
Additionally, students may be required to participate in the Judicial Mentoring
Program, or other opportunities tailored to preventing recidivism.
4) Fines: Reasonable fines may be imposed.
5) Community/University Service Requirements: For a student or organization to
complete a specific supervised University service.
6) Loss of Privileges: The student will be denied specified privileges for a designated
period of time.
7) Confiscation of Prohibited Property: Items whose presence is in violation of
University policy will be confiscated and will become the property of the
University. Prohibited items may be returned to the owner at the discretion of
the Director of Judicial Affairs Student Engagement & Development and/or
University Police.

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8) Behavioral Contract: This includes required activities including, but not limited to,
seeking academic counseling or substance abuse screening, writing a letter of
apology, etc.
9) Educational Program: Requirement to attend, present and/or participate in a
program related to the violation. It may also be a requirement to sponsor or assist
with a program for others on campus to aid them in learning about a specific topic
or issue related to the violation for which the student or organization was found
responsible. Audience may be restricted.
10) Restriction of Visitation Privileges: May be imposed on a resident or non-resident
student. The parameters of the restriction will be specified.
11) University Housing Probation: Official notice that, should further violations of
Residence Life and Housing or University policies occur during a specified
probationary period, the student may immediately be removed from University
housing. Regular probationary meetings may also be imposed.
12) University Housing Reassignment: Reassignment to another University housing
facility. Residential Life and Housing personnel will decide on the reassignment
details.
13) University Housing Suspension: Removal from University housing for a specified
period of time after which the student is eligible to return. Conditions for readmission to University housing may be specified. Under this sanction, a student
is required to vacate University housing within 24 hours of notification of the
action, though this deadline may be extended upon application to, and at the
discretion of, the Director of Residence Life and Housing. Students may be
responsible for any applicable fees and will be required to pay applicable damage
and cleaning fees. This sanction may be enforced with a trespass action if deemed
necessary. Prior to reapplication for University housing, the student must gain
permission from the Director of Residence Life and Housing (or designee). This
sanction may include restrictions on visitation to specified buildings or all
University housing during the suspension.

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14) University Housing Expulsion: The student’s privilege to live in, or visit, any
University housing structure is revoked indefinitely. This sanction may be
enforced with a trespass action if deemed necessary. Students may be
responsible for any applicable fees and will be required to pay applicable damage
and cleaning fees.
15) University Probation: The student is put on official notice that, should further
violations of University policies occur during a specified probationary period, the
student may face suspension or expulsion. Regular probationary meetings may
also be imposed.
16) Eligibility Restriction: The student is deemed “not in good standing” with the
University for a specified period of time. Specific limitations or exceptions may be
granted by the Director of Judicial Affairs Student Engagement & Development
and terms of this conduct sanction may include, but are not limited to, the
following:
a) Ineligibility to hold any office in any student organization recognized by the
University or hold an elected or appointed office at the University; or
b) Ineligibility to represent the University to anyone outside the University
community in any way including: participating in the study abroad
program, attending conferences, or representing the University at an
official function, event or intercollegiate competition as a player, manager
or student coach, etc.
17) University Suspension: Separation from the University for a specified minimum
period of time, after which the student is eligible to return. Eligibility may be
contingent upon satisfaction of specific conditions noted at the time of
suspension. The student is required to vacate the campus within 24 hours of
notification of the action, though this deadline may be extended upon application
to, and at the discretion of, the Director of Judicial Affairs Student Engagement &
Development. During the suspension period, the student is banned from
University property, functions, events and activities without prior written
approval from the Director of Judicial Affairs Student Engagement &
Development. This sanction may be enforced with a trespass action as necessary.
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This sanction will be noted as a Conduct Suspension on the student’s official
academic transcript.
18) University Expulsion: Permanent separation from the University. The student is
banned from University property and the student’s presence at any Universitysponsored activity or event is prohibited. This action may be enforced with a
trespass action as necessary. This sanction will be noted as a Conduct Expulsion
on the student’s official academic transcript.
19) Withholding Diploma: The University may withhold a student's diploma for a
specified period of time and/or deny a student participation in commencement
activities if the student has an allegation pending, or as a sanction if the student is
found responsible for an alleged violation.
20) Revocation of Degree: The University reserves the right to revoke a degree
awarded from the University for fraud, misrepresentation or other violation of
University policies, procedures or directives in obtaining the degree, or for other
serious violations committed by a student prior to graduation. This sanction is
issued with the approval of the Provost.
21) Other Sanctions: Additional or alternate sanctions may be created and designed
as deemed appropriate to the offense with the approval of the Director of Judicial
Affairs Student Engagement & Development or designee.
The following sanctions may be imposed upon groups or organizations found to have
violated the Student Code of Conduct:
1) One or more of the sanctions listed above, specifically 1) through 9) and 15)
through 17); and/or
2) Deactivation, de-recognition, loss of all privileges (including status as a University
registered group/organization), for a specified period of time.

Parental Notification

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The University reserves the right to notify the parents/guardians of dependent students
regarding any conduct situation, particularly alcohol and other drug violations. The
University may also notify parents/guardians of non-dependent students who are under
the age of 21 of alcohol and/or other drug violations. Parental notification may also be
utilized discretionarily by administrators when permitted by the Family Educational Rights
and Privacy Act (FERPA) or consent of the student.

Notification of Outcomes
The outcome of a campus hearing is part of the education record of the responding
student and is protected from release under FERPA , except in cases where the University
determines through the student conduct process that a student violated a policy that
would constitute a “crime of violence” or nonforcible sex offense. In such cases, the
University may release the name of the student, the policies allegedly violated, that they
were found in violation, and any sanctions that result for the following offenses:
1) Arson
2) Assault offenses (includes stalking)
3) Burglary
4) Criminal Homicide—manslaughter by negligence
5) Criminal Homicide—murder and nonnegligent manslaughter
6) Destruction/damage/vandalism of property
7) Kidnapping/abduction
8) Robbery
9) Forcible sex offenses
10) Non-forcible sex offenses
11) Stalking
12) Dating Violence and Domestic Violence

Failure to Complete Conduct Sanctions
All students, as members of the University community, are expected to comply with
conduct sanctions within the timeframe specified by the Director of Judicial Affairs
Student Engagement & Development (or designee). Failure to follow through on conduct
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sanctions by the date specified, whether by refusal, neglect or any other reason, may
result in additional sanctions and/or suspension from the University and may be noted
on, or with, the student’s official transcript at the end of the semester. In such situations,
resident students will be required to vacate University housing within 24 hours of
notification by the Director of Judicial Affairs Student Engagement & Development,
though this deadline may be extended upon application to, and at the discretion of the
Director of Residence Life and Housing and/or the Director of Judicial Affairs Student
Engagement & Development. A suspension will only be lifted when compliance with
conduct sanctions is satisfactorily achieved. This determination will be made by the
Director of Judicial Affairs Student Engagement & Development.

Appeal Review Procedures
Any party may request an appeal of the decision of the UCB/Educational Conference by
filing a written request to the Director of Judicial Affairs Student Engagement &
Development or to the Title IX Coordinator, if appropriate, subject to the procedures
outlined below. All sanctions imposed by the original hearing body remain in effect unless
an exception is granted upon request to the Director of Judicial Affairs or Title IX
Coordinator, if appropriate, and If a student submits an appeal within the timeframe
listed below, the sanctions that were issued by the hearing body will not be in effect while
the appeal is being reviewed. Instead, the sanctions will only go into effect should the
appeal officer decide to uphold the sanctions issued by the board; at which point, the
sanctions would take effect immediately at the conclusion of the appeal process. aAll
parties should be timely informed of the status of requests for appeal, the status of the
appeal consideration, and the results of the appeal decision.
GROUNDS FOR APPEAL REQUESTS
Appeals requests are limited to the following grounds:
1) A procedural error occurred that significantly impacted the outcome of the
hearing (e.g. substantiated bias, material deviation from established
procedures, etc.);

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2) To consider new evidence, unavailable during the original hearing or
investigation, that could substantially impact the original finding or sanction.
A summary of this new evidence and its potential impact must be included;
3) The sanctions imposed are substantially outside the parameters or guidelines
set by the University for this type of offense or the cumulative conduct record
of the responding student.
Appeals must be filed in writing through an electronic form with the Director of
Judicial Affairs Student Engagement & Development (or designee) within three (3) five
(5) business days of the notice of the outcome to the hearing, barring exigent
circumstances. If an appeal is not submitted within five (5) business days of the notice
of the outcome of the hearing, then the outcome will be considered final. Any
exceptions are made at the discretion of the Director of Judicial Affairs Student
Engagement & Development and, when appropriate, the Title IX Coordinator. The
online appeals form may be found at www.clarion.edu/judicial under ‘Student
Conduct Resource Forms’.
The Director of Judicial Affairs Student Engagement & Development (or designee) will
share the appeal by one party with the other party (parties) when appropriate under
procedure or law (e.g., if the responding student appeals, the appeal is shared with
the reporting party, who may also wish to file a response, request an appeal on the
same grounds or different grounds). The Director of Judicial Affairs Student
Engagement & Development will refer the request(s) to the University’s designated
Appeal Review Officer, appointed by the President. The Appeal Review Officer will
draft a response memorandum to the appeal request(s), based on their determination
that the request(s) will be granted or denied, and why. All request-related documents
are shared with all parties prior to submission to the Appeal Review Officer., who
serves a renewable three-year term.
The Appeal Review Officer will conduct an initial review to determine if the appeal
request meets the limited grounds and is timely. They may consult with the Director
of Judicial Affairs Student Engagement & Development and/or Title IX Coordinator on
any procedural or substantive questions that arise.
If the appeal is not timely or substantively eligible, the original finding and sanction
will stand and the decision is final. If the appeal has standing, the Appeal Review
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Officer determines whether to reconsider the finding or sanction or to remand it to
investigators or the original decision-maker(s), typically within 10 15 business days.
The Appeal Review Officer will notify the student if the matter was remanded back to
the UCB or Administrative Hearing Officer.
Efforts should be made to use remand whenever possible, with clear instructions for
reconsideration only in light of the granted appeal grounds. Where the original
decision-maker may be unduly biased by a procedural error, a new UCB or hearing
officer will be constituted to reconsider the matter, which can in turn be appealed,
once. A final decision if remanded back to the UCB or Administrative Hearing Officer
will be made within 10 15 business days.
Full re-hearings by the Appeal Review Officer are not permitted. In review, the
original finding and sanction are presumed to have been decided reasonably and
appropriately, thus the burden is on the appealing party(ies) to show clear error. The
Appeal Review Officer must limit the review to the challenges presented.
On reconsideration, the Appeal Review Officer or original decision-maker may affirm
or change the findings and/or sanctions of the original hearing body according to the
permissible grounds. Procedural errors should be corrected, new evidence should be
considered, and sanctions should be proportionate to the severity of the violation and
the student’s cumulative conduct record.
All decisions of the Appeal Review Officer are to be made within ten fifteen (10) (15)
days of submission and are final, as are any decisions made by the original hearing
body, Director of Judicial Affairs Student Engagement & Development or Title IX
Coordinator as the result of reconsideration consistent with instructions from the
Appeal Review Officer.
The parties may challenge the Appeal Review Officer on the basis of potential bias, and
an Appeal Review Officer who cannot render an impartial decision must recuse
themselves. The Appeals Review Officer will make the determination as to the validity of
any challenge or need for recusal. In the event of a recusal from the panel, the Appeals
Review Officer will solicit an alternate, trained officer.

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Commented [TK8]: Shawn requested this be extended
to 15 days.

Commented [TK9]: I completely removed this
sentence, but it is addressed on the next page in the
2nd bullet point. It is changed so that the appeal officer
will primarily review the appeal, but may choose to
remand in certain situations.

The presumptive stance of the University is that all decisions made and sanctions imposed
by the original decision-maker are to be implemented will be postponed until completion
of the during the appellate process. At the discretion of the Director of Judicial Affairs,
and in consultation with the Title IX Coordinator when necessary, implementation of
sanctions may be stayed pending review only in extremely exigent circumstances. This
does not include proximity to graduation, end of term, or exams. Instead, it refers to an
overwhelming likelihood, as determined by the Appeals Review Officer and Director of
Judicial Affairs, in consultation, that the appeal would result in a reversal of the finding
and/or substantial modification of the sanctions.
OTHER GUIDELINES FOR APPEALS
● All parties will be timely informed of the status of requests for appeal, the status
of the appeal consideration, and the results of the appeal decision.
● Every opportunityThe appeal review officer will typically complete the appellate
review, but may choose to return the appeal to the original decision-maker for
reconsideration (remand) should be pursued.
● Appeals are not intended to be full re-hearings of the allegation (de novo). In most
cases, appeals are confined to a review of the written documentation or record of
the original hearing, and pertinent documentation regarding the grounds for
appeal; Witnesses may be called if necessary.
● Appeals are not an opportunity for the Appeal Review Officer to substitute their
judgment for that of the original decision-maker merely because they disagree
with the finding and/or sanctions. Appeals decisions are to be deferential to the
original decision-maker, making changes to the finding only where there is clear
error and to the sanction only if there is a compelling justification to do so.

Withdrawal While Charges Pending
The University does not permit a student to withdraw if that student has an allegation
pending for violation of the Student Code of Conduct. Should a student decide to leave
and/or not participate, the process will nonetheless proceed in the student’s absence to
a reasonable resolution and that student will not be permitted to return to University
unless all sanctions have been satisfied. The student will not have access to an academic
transcript until the allegations have been resolved.
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Commented [TK10]: We are reverting back to what we
previously had in the Rights and Regs so the
findings/sanctions will not go in place, if a student
appeals, until the appeal process is completed.

Commented [TK11]: Since this is not what we do in
our appeal process, should this be removed??

Disciplinary Records
All conduct records are maintained by the University for seven (7) years from the time of
their creation except those that result in separation (suspension or expulsion, including
from housing) and those that fall under Title IX, which are maintained indefinitely.

Failure to Complete Sanctions/Comply with Interim and Long Term
Remedies/Responsive Actions
All responding parties are expected to comply with conduct sanctions, responsive actions
and corrective actions within the timeframe specified by the Director of Judicial Affairs
Student Engagement & Development and/or Title IX Coordinator. Failure to abide by
these conduct sanctions by the date specified, whether by refusal, neglect or any other
reason, may result in additional sanctions and/or suspension, expulsion from the
University and will be noted on a student’s official transcript. A suspension will only be
lifted when compliance is achieved to the satisfaction of the Director of Judicial Affairs
Student Engagement & Development and/or Title IX Coordinator.

Disabilities Accommodation
Clarion University is committed to providing qualified students, employees or others with
disabilities with reasonable accommodations and support needed to ensure equal access
to the student conduct process at the University. Anyone needing such accommodations
or support should contact the Director of Disability Support Services (109 Becht Hall), who
will review the request and, in consultation with the person requesting the
accommodation, and Director of Judicial Affairs Student Engagement & Development
and/or the Title IX Coordinator, determine which accommodations are appropriate and
necessary for full participation.

Revision
These policies and procedures will be reviewed and updated annually by the Director of
Judicial Affairs Student Engagement & Development and the Title IX Coordinator. The
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University reserves the right to make changes to this document as necessary and once
those changes are posted online, they are in effect. The Director of Judicial Affairs
Student Engagement & Development and/or the Title IX Coordinator may make minor
modifications to procedure that do not materially jeopardize the fairness owed to any
party, such as to accommodate summer schedules, etc. The Director of Judicial Affairs
Student Engagement & Development and/or Title IX Coordinator may also vary
procedures materially with notice (on the institutional web site, with appropriate date of
effect identified) upon determining that changes to law or regulation require policy or
procedural alterations not reflected in this policy and procedure. Procedures in effect at
the time of the resolution will apply to resolution of incidents, regardless of when the
incident occurred. Policy in effect at the time of the offense will apply even if the policy
is changed subsequently but prior to resolution, unless the parties consent to be bound
by the current policy. If government regulations change in a way that impacts this
document, this document will be construed to comply with government regulations in
their most recent form.
This document does not create legally enforceable protections beyond the protection of
the background state and federal laws which frame such codes generally.
Commented [TK12]: This will need updated once the
edits are finalized.

This policy and procedure was implemented on July 1, 2017.

The date in the footer will also need updated.

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It is the policy of Clarion University of Pennsylvania that there shall be equal opportunity in all of its
educational programs, services, and benefits, and there shall be no discrimination with regard to a student’s
or prospective student’s gender, gender identity, race or color, ethnicity, national origin or ancestry, age,
mental or physical disability, religion or creed, genetic information, affectional or sexual orientation,
veteran status, or other classifications that are protected under Title IX of the Education Amendments of
1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and other
pertinent state and federal laws and regulations. Direct inquiries to the Title IX Coordinator, Clarion
University of Pennsylvania, 103 Carrier Administration Building 210 Becht Hall, sfenske@clarion.edu or
phone 814-393-2351, or the Director of Social Equity, 210 Carrier Administration Building 16214-1232;
Email asalsgiver@clarion.edu or phone 814-393-2109. Inquiries may also be directed to the Director of the
Office for Civil Rights, Department of Education, 330 Independence Avenue, SW, Washington, DC 20201 .

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Item 4

Clarion University Community Standards
Alcohol and Other Drug Policy
To comply with the Drug Free Schools and Communities Act of 1989 (DFSCA) and
subsequent amendments, students and employees of Clarion University are informed
that strictly enforced policies are in place which prohibit the possession, use or
distribution of any illicit drugs, including alcohol, on Clarion University property or as part
of any Clarion University-sponsored activity unless event-specific permission is given for
of-age students to consume alcohol moderately. Students and employees are also
subject to all applicable legal sanctions under local, state and federal law for any offenses
involving illicit drugs on Clarion University property or at Clarion University-sponsored
events.1
Clarion University affirms that illegal drug use is unlawful and harmful. The use of illegal
drugs and alcohol abuse by students and employees could result in cognitive deficits, loss
of productivity, and other health risks. These risks include an increased risk of accidents,
which may result in death or permanent injury. Free, confidential counseling for alcohol
and other drug abuse issues is available to students and employees through Clarion
University Counseling Services, Health Services, and the employee assistance program.
Other resources may include assessment, individual counseling, educational programs,
materials, and referral and case management through community agencies, all of which
might include a fee.
Students exhibiting signs of excessive alcohol consumption will be transported via
Emergency Medical Services (EMS) at the student’s expense for medical attention.
Refusal to cooperate with EMS personnel may result in arrest in order to ensure the
student’s health and safety and/or a conduct complaint for disorderly conduct and/or
failure to comply.
A. Parental Notification Policy
Clarion University is concerned about students who improperly use alcohol and other
drugs and the effects such use may have on their health, academic success, interpersonal
relationships and, ultimately, their future.
1 Pennsylvania Crimes Code (Alcohol)

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.063.008.000..HTM
Last updated 01/24/2017

1

Clarion University alcohol policy expressly forbids possession and/or consumption of
alcohol by students, employees or guests who are under the minimum legal drinking age
of 21 years. Possession of drug paraphernalia and the use, manufacture, sale, or
distribution of illegal drugs, whether on or off campus, by any student is also prohibited.
In accordance with the Family Educational Rights and Privacy Act (FERPA), the Director of
Judicial Affairs Student Engagement and Development (or designee) reserves the right to
notify the parents/guardians of students under 21 years of age, and the
parents/guardians of dependent students, regardless of age, of any incident in which the
student is found responsible for violating the Clarion University alcohol and drug policy.
B. Alcohol Policy
The following sections describe Clarion University policy regarding the sale, service,
distribution, and consumption of alcoholic beverages on University property or at
University-sponsored events in accordance with federal, state and local laws. The alcohol
policy is applicable to all Clarion University students regardless of whether the actions
take place on or off University property or at Clarion University-sponsored events,
programs, or activities.
Formatted: Strikethrough

Basic Guidelines
Students who are 21 years of age or older are permitted to possess and consume alcohol
in their personal bedroom at Reinhard Villages. Students who are of legal drinking age
may not share or provide alcohol to anyone students, employees or guests who are is
under 21 years of age. Those under the minimum legal drinking age of 21 years are not
permitted to possess or consume alcohol anywhere on University property or at
University-sponsored events. Drinking games, and simulated drinking games (e.g. water
pong) are prohibited on campus. No alcohol is permitted on campus or in Universityaffiliated-housing; however, students who are 21 years of age or older are permitted to
possess and consume alcohol in their personal bedroom at Reinhard Villages. If everyone
in an apartment at Reinhard Villages is 21, then alcohol can be possessed and consumed
in the common areas of the apartment.
The Office of the President reserves the right to have designated events on campus where
alcohol may be present.
Examples of Violations of the Clarion University Alcohol Policy
● Purchasing alcohol by a person under the age of 21.
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2

● Selling or providing alcohol to a person under the age of 21.
● Possessing either full or empty alcohol containers by a person under the age of
21.
● Consuming alcohol by a person under the age of 21.
● Showing physical or mental impairment following or resulting from alcohol use.
● Possessing empty alcohol containers for decorative purposes in campus housing,
regardless of age.
● Using or possessing common sources of alcohol including, but not limited to kegs,
party balls, punch bowls, wine boxes, etc.
● Participating in or being present during the occurrence of any drinking game.
● Possession of beer bongs, beer pong tables, and other devices used or
manipulated for use in any drinking game.
● Possessing an open container of alcohol in a common area including, but not
limited, to bathrooms, hallways, lounges, elevators, lobbies or outdoor spaces.
● Driving under the influence of alcohol.
● Violations of Clarion Borough Ordinance related to open containers.
● Public Intoxication.
● Over Intoxication in a University Housing building or other campus building.
As stated in Section 4 of the Student Code of Conduct, “failure to comply with the
reasonable directives of University officials or law enforcement officers during the
performance of their duties and/or failure to identify oneself to these persons when
requested to do so”, is considered unacceptable behavior for a University student. An
example of such behavior includes refusing to submit to a breath test when requested by
a police officer, whether on or off-campus, which is considered a violation of the
University Student Code of Conduct and may result in conduct sanctions.
Examples of Clarion University alcohol policy violations and their sanctions is are listed
below. Sanctions are dependent upon a number of factors including, but not limited to:
hearing officer discretion, the nature and severity of the incident, a student’s conduct
history and a student’s cooperation throughout the conduct process.
a) Minor in Possession/Consumption of Alcohol Policy Violations:
1. First Offense—Possible sanctions and institutional actions include, but
are not limited to:

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3

● Participation in an alcohol education activity (BASICS), at the
student’s expense and as determined by the Director of Judicial
Affairs Student Engagement and Development (or designee);
● Online Judicial Educator Module(s);
● Notification of parents/guardians of dependent students and
those under the minimum legal drinking age of 21 years;
● Reprimand up through suspension or expulsion from housing
and/or the University; and/or
● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).
2. Second Offense— Possible sanctions and institutional actions include,
but are not limited to:
● Mandated substance abuse assessment by an approved agency
and required compliance with the assessing counselor’s
evaluation;
● Judicial Mentoring Program mandated meetings;
● Authorship of a research/reflection essay;
● Notification of parents/guardians of dependent students and
those under the minimum legal drinking age of 21 years;
● Reprimand up through suspension or expulsion from housing
and/or the University; and/or
● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).
3. Third and Subsequent Offenses— Possible sanctions and institutional
actions include, but are not limited to:
● Suspension or expulsion from University housing and/or the
University;
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4

● Notification of parents/guardians of dependent students or
those under the minimum legal drinking age of 21 years; and/or
● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).

b) Purchasing, Selling or Providing Alcohol to Minors:
1. First Offense— Possible sanctions and institutional actions include, but
are not limited to:
● Judicial Mentoring Program mandated meetings;
● Mandated substance abuse assessment by an approved agency
and required compliance with the assessing counselor’s
evaluation;
● Participation in an alcohol education activity (BASICS), at the
student’s expense and as determined by the Director of Judicial
Affairs Student Engagement and Development (or designee);
● Authorship of a research/reflection essay;
● Notification of parents/guardians of dependent students or
those under the minimum legal drinking age of 21 years;
● Notification of law enforcement authorities;
● Eligibility restrictions;
● Reprimand up through suspension or expulsion from housing
and/or the University;
● Community service hours to be performed at a specific location
as determined by the Director of Judicial Affairs Student
Engagement and Development (or designee); and/or

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5

● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).
2. Second and Subsequent Offenses— Possible
institutional actions include, but are not limited to:

sanctions

and

● Suspension or expulsion from the University;
● Notification of law enforcement authorities;
● Notification of parents/guardians of dependent students or
those under the minimum legal drinking age of 21 years; and/or
● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).
c) Driving Under the Influence/Driving While Intoxicated: Clarion University is
concerned about students who violate state and local laws regarding
consumption of alcohol and the operation of motor vehicles. In accordance
with state law, the University abides by the legal definition of intoxicated as
“not having the normal use of mental or physical faculties by reason of
introduction of alcohol, a controlled substance, a drug, a dangerous drug, a
combination of two or more of those substances, or any other substance into
the body” or at least a 0.08 Breath or Blood Alcohol Concentration. In
addition, students under the legal minimum drinking age of 21 years who are
found to have any detectable amount of alcohol in their systems will be
considered driving under the influence of alcohol and subject to penalties
under that offense.
1. First Offense— Possible sanctions and institutional actions include, but
are not limited to:
● Loss of driving and/or parking privileges on campus for a
specified period of time;
● Participation in an alcohol education activity (BASICS), at the
student’s expense and as determined by the Director of Judicial
Affairs Student Engagement and Development (or designee);

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6

● Community services hours to be performed at a specific
location as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee);
● Authorship of a research/reflection essay;
● Notification of parents/guardians of dependent students or
those under the minimum legal drinking age of 21 years;
● Eligibility restrictions; and/or
● Reprimand up through suspension or expulsion from the
University;
● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).
2. Second and Subsequent Offenses — Possible sanctions and
institutional actions include, but are not limited to:
● Suspension or expulsion from the University;
● Notification of law enforcement authorities;
● Notification of parents/guardians of dependent students and
those under the minimum legal drinking age of 21 years; and/or
● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).
C. Illegal Drug Policy
Clarion University prohibits the sale, manufacture, distribution, possession, and use of
illegal drugs on or off Clarion University property or at Clarion University-sponsored
events, programs, or activities.
The following sections describe Clarion University’s policy regarding the sale,
manufacture, distribution, possession and use of illegal drugs on or off Clarion University
property or at Clarion University-sponsored events in accordance with federal, state and
local laws. Examples of violations include:
● Misuse of over-the-counter drugs.
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7

● Misuse or sharing of prescription drugs.
● Possessing, using, being under the influence of, distributing, or manufacturing any
form of illegal drug.
● Possessing paraphernalia (i.e., rolling papers, pipes, bongs, etc.) for intended or
implied use of any form of illegal drug.
● Possessing paraphernalia that contains or appears to contain illegal drug residue.
● Purchasing or passing illegal drugs from one person to another.
● Using mail services to purchase, pass, or distribute illegal drugs.
This policy provides flexibility for Clarion University in addressing drug-related offenses
which occur on- or off-campus. Moreover, it permits Clarion University to address its
fundamental mission of holistic education and the development of human potential.
While recognizing that there is a need to address violations related to the use or
possession of controlled substances, Clarion University must address the education and
well-being of all its students and employees. In addition to Clarion University-imposed
sanctions, students and employees are subject to all legal sanctions under federal, state
and local law for any offenses involving illegal drugs on Clarion University property or at
Clarion University events.2
Safe Harbor
Clarion University has a Safe Harbor policy for students. Clarion University believes that
students who have a drug and/or addiction problem deserve help. If any Clarion
University student brings their own use, addiction or dependency to the attention of
Clarion University officials outside the threat of drug tests or imposition of the conduct
process and seeks assistance, a conduct complaint will 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 the campus
conduct process will be initiated.
Violations of Clarion University Illegal Drug Policy
Examples of Clarion University drug policy violations and their subsequent sanctions
include the following.
a) Manufacture, Sale or Distribution of Illegal Drugs:

2

Drug Offenses: Maximum Fines and terms of Imprisonment for Violation of the Federal Controlled
Substances Act and Related Laws: https://www.fas.org/sgp/crs/misc/RL30722.pdf.
Last updated 01/24/2017

8

1. First Offense—Possible sanctions include, but are not limited to:
● Expulsion or suspension from Clarion University;
● Notification of parents/guardians of students under 21 years of
age and older dependent students;
● Notification of law enforcement authorities; and/or
● Participation in a drug education activity (CASICS), at the
student’s expense and as determined by the Director of
Student Engagement and Development (or designee); and/or
● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).
b) For the Possession or Use of Drug Paraphernalia, Synthetic Substances and/or
Illegal Drugs: Drug paraphernalia (e.g. bongs), illegal drugs, and synthetic
substances (e.g. K2, Spice, Bath Salts, and the like) whose common purpose is
to replicate the effects of illegal substances are prohibited on campus.
1. First Offense—Possible sanctions include, but are not limited to:
● Suspension or expulsion from Clarion University housing;
● Expulsion or suspension from Clarion University. A suspension
may be for a period of not less than the remainder of the
semester in which the infraction occurred;
● Participation in a drug education activity (CASICS), at the
student’s expense and as determined by the Director of Judicial
Affairs Student Engagement and Development (or designee);
● Mandated substance abuse assessment by an approved agency
and required compliance with the assessing counselor’s
evaluation;
● Judicial Educator Modules;

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9

Formatted: Font:
Formatted: List Paragraph, Left, Add space between
paragraphs of the same style, No bullets or numbering

● Authorship of a research/reflection essay;
● Notification of parents/guardians of students under 21 years of
age and older dependent students;
● Notification of law enforcement authorities; and/or
● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).
2. Second Offense— Possible sanctions include, but are not limited to:
● Expulsion or suspension from Clarion University;
● Notification of parents/guardians of students under 21 years of
age and older dependent students;
● Notification of law enforcement authorities; and/or
● Other sanctions as determined by the Director of Judicial Affairs
Student Engagement and Development (or designee).

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10

Free Speech Policy
Clarion University supports every individual’s right to freedom of expression consistent
with the forum (area of campus) in which the expression is made. Clarion University also
recognizes the importance of fostering a culture of tolerance and civility that is a
cornerstone for the accomplishment of its educational goals.
Within the classroom, visual and/or oral demonstrations, depictions or conduct that may
be offensive to an individual will not be restricted when there is a legitimate pedagogical
context, such as material having an appropriate connection to course subject matter.
Similarly, campus discourse on topics of political, artistic or social issues that are
conducted consistent with the nature of the forum and reasonable institutional
limitations (registration to use certain spaces; time, place and manner regulations, etc.)
that are clear and unambiguous will be supported.
Any online postings or other electronic communication by students, including cyberbullying, cyber-stalking, cyber-harassment, etc. occurring completely outside of Clarion
University’s control (e.g. not on University networks, websites or between University
email accounts) will only be subject to this policy when those online behaviors can be
shown to cause a substantial on-campus disruption. Otherwise, such communications
are considered speech protected by the 1 st Amendment. Remedies for such conduct will
be provided, but protected speech cannot be legally subjected to discipline.
Expression that is severe, persistent, and objectively offensive, that is directed toward an
individual based upon that individual’s protected status (e.g., sex/gender, race, ethnicity,
national origin, disability or age) and has the effect of limiting or denying educational or
employment access, benefits or opportunities (creates a hostile environment) is not a
protected form of speech or expression, and can form the basis of a violation of the
campus harassment, bullying, or discrimination policies. Other limitations on free speech
include: endangering someone or threatening them; inciting violence; using “fighting
words” directed at an individual or group that directly provoke violence; defamation;
obscenity; and expression that has a discriminatory effect such that it limits or denies
someone’s educational or employment access, benefits and/or opportunities.

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Assembly Policy
Clarion University’s campus primarily exists to serve as the vehicle through which its
students, faculty, and staff advance the institution’s educational Mission. As a public
university, part of that mission includes encouraging the free exchange of viewpoints and
ideas by individuals or groups regardless of their affiliation with the University. The
University also has a significant interest in furthering its educational mission and
protecting the educational experience of its students by ensuring the safety and security
of the campus.
Clarion University acknowledges the rights of individuals, regardless of their affiliation to
the University, to assemble in groups. Therefore, anyone may distribute printed material,
offer petitions for signature, make speeches, and hold protests or demonstrations outside
university buildings. All such activities must avoid acts or credible threats of violence and
preserve the normal operation of the University.
This policy prohibits harm to others, damage to or defacement of property, blockage of
access to University buildings, or the disruption of classes. The enforcement of this policy
will not depend in any way on the message or sponsorship of the act or event. Should
events be deemed by the University Administration to interfere with the operation of the
University, jeopardize the public safety, and/or fail to abide by the standards set forth
above, the University Police may take any actions they deem appropriate, including
ending the event. Failure to abide by the directives of the University Police may result in
citation and/or arrest.

Gambling Policy
Students are expected to abide by the federal laws and the laws of the Commonwealth
of Pennsylvania prohibiting illegal gambling, including online gaming. Gambling for
money or other things of value on campus or at Clarion University-sponsored events is
prohibited except as permitted by law. Such prohibited activity includes, but is not limited
to: betting on, wagering on, or selling pools on any Clarion University athletic event;
possessing on one’s person or premises (e.g., room, residence unit, car) any card, book or
other device for registering bets; knowingly permitting the use of one’s premises or one’s
phone or other electronic communications device for illegal gambling; knowingly
receiving or delivering a letter, package or parcel related to illegal gambling; offering,
soliciting or accepting a bribe to influence the outcome of an athletic event; and
involvement in bookmaking or wagering pools with respect to athletic events.
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Guest Speakers Policy
It is the policy of the campus to foster a spirit of free inquiry and to encourage the timely
discussion of the broad range of issues that concern our community, provided that the
views expressed are stated openly and are subject to critical evaluation.
A. Student Organization Responsibilities
A recognized student organization may invite guest speakers to the campus, subject to
the following provisions:
a) Sponsorship must be by an institutionally recognized student organization.
b) Proper arrangements for the use of University facilities must be made,
consistent with institutional policy.
c) It must be clear that the student organization, not Clarion University, is
extending the invitation and that any views the speaker may express are his or
her own and not those of Clarion University.
d) The student organization must take whatever steps are necessary to ensure
that the event is conducted in an orderly manner. This may necessitate
consultation with University Police and/or hiring of outside security.
e) The student organization must comply with any and all conditions for the
orderly and scholarly conduct of the event.

Anti-Hazing Policy
All acts of hazing are prohibited. Students are entitled to be treated with consideration
and respect and no student or Clarion University registered student club or organization
shall engage in an act that is likely to cause physical or psychological harm to any other
person within Clarion University community. Furthermore, any such behavior is expressly
forbidden when related to the admission, initiation, pledging, joining, continued
membership in, or any other group-affiliation activity.
Any student, club or organization found to be involved in any hazing activity will face
conduct action and may be subjected to suspension or expulsion from Clarion University.
A violation of this policy may exist irrespective of any alleged voluntary or consensual
participation in the activity by the person(s) being abused.

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In addition, the Commonwealth of Pennsylvania has made hazing a criminal offense.
Hazing is deemed criminal misconduct and is a misdemeanor of the third degree. 24 P.S.
§ 5351 et seq.
Under Pennsylvania’s Anti-Hazing Law, “hazing” is defined as follows:
Any action or situation which recklessly or intentionally endangers the
mental or physical health or safety of a student or which willfully destroys
or removes public or private property for the purpose of initiation or
admission into or affiliation with, or as a condition for continued
membership in, any organization operating under the sanction of or
recognized as an organization by an institution of higher education. The
term shall include, but not be limited to, any brutality of a physical nature,
such as whipping, beating, branding, forced calisthenics, exposure to the
elements, forced consumption of any food, liquor, drug or other
substance, or any other forced physical activity which could adversely
affect the physical health and safety of the individual, and shall include any
activity which would subject the individual to extreme mental stress, such
as sleep deprivation, forced exclusion from social contact, forced conduct
which could result in extreme embarrassment, or any other forced activity
which could adversely affect the mental health or dignity of the individual,
or any willful destruction or removal of public or private property. For
purposes of this definition, any activity as described in this definition upon
which the initiation or admission into or affiliation with or continued
membership in an organization is directly or indirectly conditioned shall be
presumed to be "forced" activity, the willingness of an individual to
participate in such activity notwithstanding.
Examples of Hazing Include the Following:
a) Clem was inducted into an unrecognized club that was made up of some
members of Clarion University marching band. As part of the induction
activities, Clem was asked to do calisthenics half-naked in extreme heat at the
request of club leaders. Clem was told he did not have to do them, but that
all members did them and it improved their on-field stamina. Clem voluntarily
engaged in the calisthenics. This type of behavior violates the hazing policy,
regardless of the “voluntariness” of Clem’s decision.
b) Rick joined Omega Pi Lambda, a fraternity. His pledge class took an oath not
to haze, and was repeatedly warned of the fraternity’s anti-hazing policy by
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current members. Rick’s pledge class had heard of the long history of hazing
that had gone on in their fraternity before they joined, and they felt like they
were missing out. All the members had earned their stripes, but Rick’s class
was under new rules. They wanted to prove themselves to their brothers, so
one night, Rick and his pledge class secretly invaded Rho Mu Alpha, and stole
their flag. The following Sunday, in a solemn presentation, Rick and his cohorts
presented the flag of their rival to their chapter leaders, who accepted it with
honor and much conversation about how the covert mission was
accomplished. The leaders of Omega Pi Lambda faced accusations of violating
Clarion University’s abusive affiliation policy. They argued that they did not
take the flag, and expressly told the new initiates not to haze. Clarion
University found them in violation for encouraging the activity by accepting the
flag, glamorizing its theft, and failing to report the behavior to Clarion
University officials once they were aware of it.
Pennsylvania Anti-Hazing Law
The Commonwealth of Pennsylvania has made hazing a criminal offense. Hazing is
deemed criminal misconduct and is a misdemeanor of the third degree. 24 P.S. § 5351 et
seq. Under Pennsylvania’s Anti-Hazing Law, “hazing” is defined as follows:
Any action or situation which recklessly or intentionally endangers the
mental or physical health or safety of a student or which willfully destroys
or removes public or private property for the purpose of initiation or
admission into or affiliation with, or as a condition for continued
membership in, any organization operating under the sanction of or
recognized as an organization by an institution of higher education. The
term shall include, but not be limited to, any brutality of a physical nature,
such as whipping, beating, branding, forced calisthenics, exposure to the
elements, forced consumption of any food, liquor, drug or other
substance, or any other forced physical activity which could adversely
affect the physical health and safety of the individual, and shall include any
activity which would subject the individual to extreme mental stress, such
as sleep deprivation, forced exclusion from social contact, forced conduct
which could result in extreme embarrassment, or any other forced activity
which could adversely affect the mental health or dignity of the individual,
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or any willful destruction or removal of public or private property. For
purposes of this definition, any activity as described in this definition upon
which the initiation or admission into or affiliation with or continued
membership in an organization is directly or indirectly conditioned shall be
presumed to be "forced" activity, the willingness of an individual to
participate in such activity notwithstanding.
Pennsylvania’s Anti-Hazing Law requires each institution of higher education to adopt a
written anti-hazing policy and, pursuant to that policy, adopt rules prohibiting students
or other persons associated with any organization operating under the sanction of or
recognized as an organization by the institution from engaging in any activity which can
be described as hazing.
Policies adopted pursuant hereto shall apply to acts conducted on- or off-campus
whenever such acts are deemed to constitute hazing.

Posting
Clarion University supports the freedom to publicize events and distribute materials by
internal or external entities relating to functions on-and off-campus which benefit the
Clarion University community and are consistent with Clarion University’s values.
General Posting Policy
The university reserves the right to regulate the time, place, and manner of the posting
and distribution of printed material on campus and in all University facilities. The
University is not responsible for monitoring the content of publicity materials developed
by individual students, Recognized Student Organizations (RSOs) or off-campus entities.
Printed Material
Bulletin boards that can be used for public posting are identified in each facility where
one is available. The Center for Leadership & Involvement, 251 Gemmell, maintains a list
of bulletin board locations on campus where printed material can be posted.
All posted material must be placed on bulletin boards designated for that purpose. Such
information may not be placed on motor vehicles, attached to windows, doors, walls or
any surface not designated as a bulletin board.
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Materials may not exceed 11” by 17.”
The name of the individual or organization responsible must be clearly visible on any
material posted.
Some facilities may have additional requirements for posting materials:
Carlson Library –
Materials for posting in the library including, but not limited to, posters, fliers, table tents,
etc. must be dropped off in the Dean’s office in 123 Carlson. Please note a plan for
removal of these postings shall be required when dropping off the items.
Chartwells Operated Dining Facilities –
Individuals or groups wishing to post materials (i.e. posters, fliers, table tents, etc.) in
Chartwells operated dining facilities (i.e. Carlson Café, Eagle Commons, Gemmell Snack
Bar, Starbucks, or Denny’s Den) must make arrangements with the facilities’ manager.
Gemmell Student Complex –
Materials for positing in the student center must be dropped off at the second-floor
Gemmell Information Desk (251 Gemmell).
Residence Halls –
Materials for posting within the residence halls on campus must be dropped off at the
Office of Residence Life and Housing (218 Becht Hall) and will be stamped by the Office
prior to being posted. A maximum of 68 copies can be posted.
Student Recreation Center –
Materials for posting on Rec Center bulletin boards must be dropped off at the Rec Center
front desk.
Chalking –
Chalking is permitted on campus as a means of advertising events. Chalking is permitted
only on outside, horizontal, exposed surfaces where rain can wash the chalk away.
Chalking is not permitted on vertical surfaces, buildings, under overhangs, or on steps,
posts, trees, tables or similar objects. Violations of this policy may result in University
judicial action and/or criminal prosecution.
Failure to adhere to this policy may also result in losing the privilege to distribute or post
printed materials on campus for a period of time to be specified by the Director of the
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Office of Residence Life and Housing or the Director of the Center for Leadership and
Involvement Department of Student Engagement and Development.
Literature Distribution
Literature distribution must be supervised by a student member of the sponsoring
recognized student organization, department, or administrative area. Non-students may
not distribute literature on campus without sponsorship by a recognized student
organization, department, or administrative area.
Each sponsoring organization will be held responsible for the conduct of the distribution
activity, including the behavior of any non-student participant.
On Campus: Calling out to people to facilitate the distribution of literature is not
permitted. Absolutely no printed materials may be placed on automobiles parked on
Clarion University property.
Off Campus: Posting or distribution of materials at an off-campus location requires
permission of the proprietor. All applicable laws and local ordinances apply.
Sales and Solicitation
Canvassing or solicitation for funds, sales, or subscriptions is prohibited on campus or in
Clarion University buildings unless written permission has been granted by the Clarion
Students’ Association (or designee). Additionally, outside and for-profit groups are not
allowed to sell items or solicit members of the Clarion University community on campus
without prior approval from the Clarion Students’ Association (or designee).
Posters, flyers and other event advertisements pertaining to sales and solicitation for
funds, sales or subscriptions must be approved by the Clarion Students’ Association (or
designee) prior to posting or distribution.
The sale of merchandise, or publications or service on Clarion University property, other
than by contracted vendors, authorized stores, restaurants, departments or divisions of
Clarion University, is likewise prohibited except upon written permission of the Clarion
Students’ Association (or designee).

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Policy on Sexual Misconduct Equal Opportunity, Harassment,
Nondiscrimination
www.clarion.edu/sexualmisconduct

OVERVIEW OF POLICY EXPECTATIONS WITH RESPECT TO PHYSICAL
SEXUAL MISCONDUCT
• The expectations of our community regarding sexual misconduct can be summarized as
follows: In order for individuals to engage in sexual activity of any type with each other,
there must be clear, knowing, and voluntary consent prior to and during sexual activity.
Consent is sexual permission. Consent can be given by word or action, but non-verbal
consent is not as clear as talking about what you want sexually and what you don’t.
Consent to some form of sexual activity cannot be automatically taken as consent to any
other form of sexual activity. Previous consent does not imply consent to sexual activity
in the future. Silence or passivity — without actions demonstrating permission — cannot
be assumed to show consent. Consent, once given, can be withdrawn at any time. There
must be a clear indication that consent is being withdrawn.
• Additionally, there is a difference between seduction and coercion. Coercing someone
into sexual activity violates this policy in the same way as physically forcing someone into
sex. Coercion happens when someone is pressured unreasonably for sex.
• Because alcohol or other drug use can place the capacity to consent in question, sober
sex is less likely to raise such questions. When alcohol or other drugs are being used, a
person will be considered unable to give valid consent if they cannot fully understand the
details of a sexual interaction (who, what, when, where, why, or how) because they lack
the capacity to reasonably understand the situation. Individuals who consent to sex must
be able to understand what they are doing. Under this policy, “No” always means “No,”
and “Yes” may not always mean “Yes.” Anything but a clear, knowing and voluntary
consent to any sexual activity is equivalent to a “no.”

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Recognized Student Organizations (RSO) Misconduct
Actions of recognized student organizations (RSOs) in good standing with Student Senate,
and groups in the process of becoming recognized are subject to review. Failure to
operate in accordance with the information contained in the Student Code of Conduct,
Community Standards, or other policy and procedural documents may result in an
organizational disciplinary hearing. Sanctions may range from a documented verbal
reprimand to the revocation of University recognition and the privileges associated with
such recognition. The administrator of the code may charge the RSO, the individual
members involved, or both with a violation.
RSOs are responsible for ensuring that all applicable federal, state, and local laws, as well
as University policies, are being upheld and enforced during any and all functions
sponsored by the organizations regardless of whether they are held on- or off-campus.
The serving of alcoholic beverages by a RSO to any student which contributes to
subsequent conduct by that student that causes the student to be charged under the
University Code is prohibited.
RSOs must comply with authorized requests of properly identified University officials.
The University cannot assist with, cooperate in, approve, or otherwise condone any
activity which involves the violation of the laws of the commonwealth. Therefore, a RSO
which utilizes University facilities and hospitality in the advertisement of such an activity,
or which is found to have engaged in such activity, shall be in violation of University policy.
All on-campus functions sponsored by RSOs must be registered in compliance with the
policies and procedures of Conference and Events Services.
RSOs are expected to comply with Pennsylvania’s Anti-Hazing Law (24 P.S. § 5351 et seq.)
and the Clarion University Anti-Hazing Policy (see policy in this document).
RSOs wishing to engage in fund-raising activities must complete and receive approval
through the fundraising process in CU CONNECT. Permission is limited to RSOs in good
standing with Student Senate, and groups in the process of becoming recognized.

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Administrative Policies Regarding Fraternities & Sororities
The University expects the operation and activities of general fraternities and sororities
to comply with all applicable federal, state and local laws, as well as all University,
governing council and inter/national organization policy.

Eligibility
● Perspective new members must have earned a minimum of 12 credit hours, have
a cumulative grade point average of at least 2.5 or meet the organization’s
specified minimum standard to join, whichever is higher, and have minimum 2.0
GPA the semester before affiliating before they can be offered an invitation to
join. Students transferring to Clarion University will be declared eligible provided
that they had cumulative grade point average of at least 2.5 and have minimum
2.0 GPA the semester before affiliating at their previous institution and are
transferring at least 12 credit hours.
● The Center for Leadership and Involvement (CLI) will process Eligibility Verification
Forms on a continuous basis and distribute an eligibility list on a regular basis, to
be determined at the beginning of each semester.
● No potential new member may be offered an invitation to join or extended a bid
until his/her eligibility has been confirmed by the CLI.
● Once a bid has been accepted, a signed individual bid acceptance form must be
turned into the CLI within 24 hours after it has been signed.
● While this policy prohibits general fraternities and sororities from offering
invitations of membership to students without a Clarion University GPA and
transfer student with less than 12 credit hours, fraternities and sororities are
permitted to have contact with such students for the purposes of generating
future interest in Greek life.

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New Member Education Programs
Each semester, the chapter officer responsible for administering the organization’s new
member educator is required to meet with a member of the CLI staff before the new
member education program begins. The officer should bring a detailed, written copy of
the program to this meeting. Additionally, chapters should complete the Bid Acceptance
Form and submit it to the CLI 24-hours after bid acceptance.

Depledges
In the event that a new member depledges at any point in the semester, a depledged
form must be turned into the CLI. In the event that a Depledge Form is not received, the
individual(s) in question will remain on the chapter’s grade report for that semester and
may be removed from the chapter’s roster the following semester.

Initiation
Each chapter is required to submit an Initiation Form to the CLI within 48 hours after new
members are initiated into the organization.

Communication
In addition to complying with Student Senate’s RSO Policy, all chapter presidents,
advisors, and Interfraternity Council (IFC) and Panhellenic Council (PHC) delegates must
join the IFC or PHC CU CONNECT group. These individuals are responsible for checking
the page on a regular basis and ensuring that all information communicated is relayed to
their respective chapter.

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Rosters
Each chapter is required to keep their roster in CU CONNECT up-to-date, as that is what
the University considers to be the “official roster”. These rosters will be used for billing
IFC/PHC membership dues. Any revisions to the roster should be made in CU CONNECT
by 5:00 PM on the Friday of the second week of classes during both fall and spring
semesters.

Scholarship Reports
Each semester, the CLI will compile scholarship reports for each individual chapter, as well
as for the entire Greek community. Preliminary reports for each semester will be
distributed at the beginning of the following semester. The final report will be generated
30 days after the first day of class the following semester. No adjustments will be made
to the official grade report after that time.
● In the event that new member depledges at any point in the semester, a
depledged form must be turned into the CLI. In the event that a depledged form
is not received, the individual(s) in question will remain on the chapter’s grade
report for that particular semester.

Social Functions
Fraternities and sororities are required to register all social functions where alcohol is
present with CLI at least 48 hours prior to the event and include a guest list. For the
purpose of this document, a “social function” is defined as a mixer, party, date party,
brotherhood/sisterhood event, formal/semiformal, parent event, alumni event or any
situation sponsored or endorsed by the chapter at which there is the possession, use
and/or consumption of alcoholic beverages regardless of whether it occurs on or off the
chapter’s premises.

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Fraternity & Sorority Housing
While Clarion University does not recommend, inspect, or otherwise approve off-campus
housing, the University expects the operation and activities of general fraternities and
sororities, and their members, to comply with all applicable federal, state and local laws,
as well as all University, governing council and inter/national organization policy while on
chapter premises, during a fraternity event, in any situation sponsored or endorsed by
the chapter, or at any event or residence that an observer would associate with a chapter.

Policy Violations
● In the event that CLI becomes aware of alleged violations of this, or any other
University policy, the director of CLI will review the alleged violation to determine
whether or not the adjudication of the offense should best be handled through a
formal or informal hearing. If the violation is deemed serious enough to warrant
a formal hearing, the matter will be referred to the Office of Judicial & Mediation
Services for review. If it is deemed that an informal hearing is warranted, the
matter will be referred to the director of CLI for review. These hearings will be
conducted in accordance with the Disciplinary Procedures Code outlined in the
Student Code of Conduct.
● Each chapter is expected to utilize their internal disciplinary process to adjudicate
alleged violations of organizational standards/expectations/policies and/or
institutional policies by its members and notify the CLI of the outcomes of all such
hearings.
● In accordance with the Student Code of Conduct, decisions resulting from either
an informal hearing, or a council judicial body, may be appealed to the Office of
Judicial & Mediation Services.

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Recognized Student Organization (RSO)
Hearing Procedures
University Conduct Board Jurisdiction over RSOs
● Cases involving the alleged violation of any University policy or regulation,
misconduct, or disruptive behavior by a RSO, or other groups in the process of
becoming recognized.
● Cases may be heard against an RSO if students involved in the alleged offense
belong to a particular RSO, or if the planning or leadership of an event where an
alleged offense occurred are members of a particular RSO.
● The University Conduct Board shall also hear appeals from student boards of
whatever type that have imposed sanctions on a RSO.

Informal Hearings
Cases not involving the revocation of recognition may be heard informally, as specified by
University procedures, with notice and the opportunity to be heard afforded to the RSO.
The director of CLI, or his/her designee, will discuss the charges with representatives of
the RSO and afford the RSO an informal hearing. Should justification be found, or should
the alleged misconduct merit consideration of loss of recognition, the matter will be
referred for a formal hearing.

Formal Hearings
Such hearings shall be conducted, as warranted, by the Office of Judicial and Mediation
Services Affairs or the University Conduct Board. The University’s rules of procedure for
formal hearings shall provide RSOs with the following procedure guarantees:
● reasonable specific advanced written notice of charges containing a description of
the alleged acts of misconduct, including time, date, and place of occurrence; and
the rules of conduct allegedly violated by the RSO;
● reasonably advanced written notice of the date, time, and place of the hearing,
unless such right is waived in writing by the RSO;
● a reasonably sufficient interval between the date of notification of charges and
the date of the hearing, to allow the RSO to prepare a defense;
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● an opportunity for submission of written, physical, and testimonial evidence, and
for reasonable questioning of witnesses by the RSO and the accuser;
● an impartial hearing which may consist of a committee, board, panel, or individual
appointed by the University;
● maintenance of a written summary or digital recording of the hearing at University
expense, though the RSO may be required to pay the cost of copies of requested
records;
● a decision based upon presented evidence sufficient to make a reasonable person
believe that a fact sought to be proved is more likely than not;
● a written adjudication in which the facts and reasons for the decision are set forth
with reasonable specificity shall be issued within 30 working days after the close
of the proceedings. In cases of alleged sexual assault, the accuser shall be
informed of the outcome of the hearing; and
● a RSO may identify an advisor, who may be an attorney, to be present at hearings.
The advisor may only consult and interact privately with the RSO, unless otherwise
determined by the University regarding a particular case. In cases of alleged
sexual assault, the reporting party is entitled to have an advisor present at the
hearing.

Smoking Policy
Clarion University of Pennsylvania complies with the Pennsylvania Clean Indoor Air Act.
The Clean Indoor Air Act (Act 27 of 2008) prohibits smoking in a public place or a
workplace. All University facilities are public and, as a result, smoking is prohibited in all
University facilities. Smoking at the Hilltop Suites, Suites on Main, and Reinhard Villages
is prohibited within 25 feet of any residential building.
In addition, the University treats smokeless tobacco and electronic smoking devices in the
same manner in which other tobacco products are treated. As a result, smokeless
tobacco and electronic smoking devices are prohibited in all University facilities.
All employees and students share in the cooperative responsibility of compliance with
this policy. Students, faculty and staff have the responsibility to advise their visitors or
guests of this policy. When conflicts arise, the health of the nonsmoker will prevail.
Employees and students who do not comply with this policy will be subject to the same
disciplinary actions that accompany noncompliance with other Clarion University rules
and/or policies.

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The Clery Act
The Student Right to Know and Campus Security Act of 1990 (now known as the Clery Act)
is a federal mandate which requires that all current students and employees be provided
with information on policies and procedures involving campus security, the reporting of
criminal action or other emergencies, and the enforcement authority of security
personnel. This information must also include descriptions of programs for students and
employees about campus security and crime prevention, as well as statistics on the
occurrence of specific crimes. Notification of the annual security report is made by
Clarion University’s Chief of Police and the full report is posted on the Clarion University
website each October.
http://www.clarion.edu/student-life/campus-safety/annual-safety-report/index.html
Hardcopies are available from University Police on request.

Policy on Clarion University-Initiated Medical Leaves
Introduction
The following policies and procedures are to be used to help transition a student to a safer
environment more conducive to their needs when it becomes clear that remaining at
Clarion University is not in the best interest of the student or Clarion University
community. This policy also allows for a student to take a leave voluntarily when medical
conditions or psychological distress make a leave in their best interest; its goal is to define
the length of separation, outline the path to re-entry and ease the transition for the
student’s return, and to optimize the opportunities for the student’s success when they
return. Under certain conditions, if a student has not opted to take a leave voluntarily,
Clarion University may institute an involuntary leave under this policy.
A. Student-Initiated Voluntary Leave of Absence
Students may initiate a leave or withdrawal from Clarion University for medical or
psychological reasons. At the discretion of the Vice President for Student Affairs (or
designee), and subject to the refund policies of the institution, arrangements may be
made for partial or complete refund of tuition and/or fees. Incomplete grades or
other academic accommodations may be made as well, subject to the academic
policies of Clarion University. Modifications to housing contracts may also be
possible. The normal Clarion University procedures for leave or withdrawal will be
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followed, including any documentation requirements. If a student takes a voluntary
leave, the leave documentation will specify the duration of the leave and options for
extension. The student is permitted to return upon the end of the leave, and
expectations for successful return will be outlined in writing to the student at that
time.
Students who elect to fully withdraw, rather than take a leave, are required to reapply
for admission after the time specified by the Office of Enrollment Management, and
will be treated as any other applicant for admission at that time.
B. Clarion University-Initiated Medical Leave
If a student poses a direct threat of harm to others, or causes Clarion University to
have a legitimate safety concern of harm to self, the Vice President for Student Affairs
(or designee) may initiate proceedings under the Student Code of Conduct. Students
who engage in threats to others or self-harm behaviors that cause a significant
disruption to the community may also be subject to the Student Code of Conduct.
a) Standard for Clarion University-Initiated Medical Leave on the Basis of Threat
of Harm to Others
This section applies to all medical leaves from housing or from Clarion
University for any student who is at significant risk of harm to others. The
objective of Clarion University is to determine whether it is more likely than
not that a student is a direct threat. When a student is a direct threat, they
may be placed on leave until they are no longer a direct threat.
A direct threat exists when a student poses a significant risk to the health or
safety of others. A significant risk constitutes a high probability of substantial
harm. Significance will be determined by:
●
●
●
●

The duration of the risk;
The nature and severity of the potential harm;
The likelihood that the potential harm will occur; and
The imminence of the potential harm.

Clarion University must determine whether reasonable modifications to
policies, practices or procedures will sufficiently mitigate the risk.
Last updated 01/24/2017

28

Determining that a student is a direct threat requires an objective and
individualized assessment and hearing. The assessment must be based on a
reasonable medical judgment that relies on the most current medical
knowledge and/or on the best available objective evidence. This standard also
applies to the reinstatement of a student who has been placed on leave. They
are entitled to return upon showing they no longer pose a direct threat of
harm to others. Clarion University’s Behavioral Assessment Referral Team will
assist in this determination.
b) Standard for Clarion University-Initiated Medical Leave on the Basis of Self
Harm Behaviors
Self-harming behaviors that significantly disrupt normal Clarion University
activities will be subject to the Student Code of Conduct. Potentially lethal or
acute self-harming behaviors, such as suicide attempts, are addressed under
this policy as legitimate safety concerns. When Clarion University, using the
process outlined below, determines that a student poses a legitimate safety
concern of harm to self, the Clarion University-Initiated Medical Leave process
can be invoked.
Status of Conduct Proceedings:
If the student has been accused of a violation of the Student Code of Conduct, but it
appears that the student is not capable of understanding the nature or inappropriateness
of the action, this policy may be activated prior to issuance of a determination in the
conduct process. Interim suspension for threat of harm to others or a legitimate safety
risk to self will also likely be imposed.
If the student is placed on medical leave from Clarion University, or another action is
taken under these provisions following a finding that the student’s behavior was the
result of a lack of capacity, such action terminates the pending conduct action. If the
student is found not to be subject to medical leave, conduct proceedings may be
reinstated.
Referral for Assessment or Evaluation
The appropriate official (or Behavioral Assessment and Referral Team) may refer or
mandate a student for evaluation by a campus or independent licensed psychiatrist or
Last updated 01/24/2017

29

psychologist (or licensed professional counselor, social worker, licensed clinical social
worker, etc.) chosen by Clarion University. Such evaluation may be appropriate if it is
believed that the student may meet the criteria set forth in this policy or if a student
subject to conduct proceedings provides notification that information concerning a
mental health/behavioral condition or disorder will be introduced.
Students referred or mandated for evaluation will be so informed in writing with personal
and/or certified delivery, and will be given a copy of these standards and procedures. The
evaluation must be completed per the direction of the referral letter, unless the Vice
President for Student Affairs (or designee) grants an extension. A student who fails to
complete the evaluation in accordance with these standards and procedures, and/or who
fails to give permission for the results to be shared with appropriate administrators, will
be referred for conduct action for “Failure to Comply” under the Student Code of Conduct.
Clarion University-Initiated Medical Leave Hearing Procedures
a. Administrative Hearing Option
The Vice President for Student Affairs (or designee) may invoke informal
resolution procedures to determine the need for an involuntary leave without
a formal hearing. This process is also known as an administrative hearing or
conference. In administrative hearings, medical and administrative evidence
(e.g. BART assessment) will be introduced, and final determinations will be
made by the Vice President for Student Affairs (or designee). If the medical
evaluation and/or administrative assessment (e.g. BART assessment) support
the need for a leave, the Vice President for Student Affairs will render a written
decision within two business days, barring exigent circumstances, stating the
rationale for his/her determination. The decision will be delivered to the
student directly, electronically, and/or by regular and certified mail. If the
determination is made that a leave is warranted, the notification will include
information regarding how long the leave may endure, as well as specifying
any conditions of reinstatement. If other actions are pending, the appropriate
individuals will be notified and may proceed with their actions.
b. Formal Hearing Option
The student subject to a Clarion University-initiated medical leave may request
a formal hearing in lieu of the administrative hearing described above. If the
medical evaluation and/or administrative assessment (e.g. BART assessment)
support the need for a leave, a hearing will be scheduled before the Vice
President for Student Affairs (or designee), and core members of Clarion
Last updated 01/24/2017

30

University administration. The student will be informed, in writing
electronically and through regular and/or certified delivery, of the time, date
and place of the hearing. The student will be given at least two business days
to independently review the psychological or psychiatric evaluation prior to
the hearing. The student will be notified of who is expected to present
information at the hearing, and is expected to notify the Vice President for
Student Affairs (or designee) of any parties with relevant information whom
the Vice President should contact to request their appearance at the hearing
as a witness. The student may, at the discretion of the Vice President for
Student Affairs (or designee), be assisted by an advisor in the hearing. The
student is permitted to have an attorney present to attend/advise, but no
advisor will be allowed to speak for or formally represent the student during a
medical leave hearing, unless the Vice President grants an exception, such as
in cases of incapacity.
The student or the student’s advisor may present information about the
necessity and appropriateness of medical leave and the student will be given
the opportunity to ask questions of others presenting information. The
hearing should be conversational and non-adversarial; however, the Vice
President for Student Affairs (or designee) will exercise active control over the
proceeding, to include deciding who may present information. Formal rules
of evidence will not apply. Anyone who disrupts the hearing may be excluded.
There will be a single verbatim record, such as a tape recording, for all
involuntary leave hearings. The record will be the property of Clarion
University and maintained according to Clarion University’s record retention
policy for such hearings.
A written decision will be rendered by the committee on the basis of a
preponderance of evidence within two business days, barring exigent
circumstances, and will state the rationale for its determination. The decision
will be delivered to the student in writing electronically and through regular
and/or certified delivery. If the determination is made that a leave is
warranted, the notification will include information regarding how long the
leave may endure, as well as specifying any conditions of reinstatement. If
other actions are pending, the appropriate individuals will be notified and may
proceed with their actions.

Last updated 01/24/2017

31

c. Appeals Process
The determination of the medical leave hearing, administrative or formal, is
subject to appeal to the Vice President for Student Affairs in accordance with
the following process:
Students subject to Clarion University-initiated medical leave may petition for
a review of the determination within three (3) business days of issuance of the
hearing committee’s written decision. All petitions must be in writing and
delivered to the Vice President for Student Affairs (or designee). Reviews will
only be considered for one or more of the following purposes:
● To consider new information which was unavailable at the time of the
original hearing and could be outcome determinative;
● To assess whether a material deviation from written procedures impacted
the fairness or outcome of the hearing;
● To decide if a medical leave is inappropriate to address the nature,
duration and/or severity of the risk or threat;
● To determine if the decision does not align with the information provided in
the hearing or whether reasonable modifications might mitigate the risk
without a leave; or
● To assess whether bias on the part of a hearing committee member deprived
the process of impartiality.
Except as required to explain the basis of new information unavailable at the
time of a hearing, review of a hearing will be limited to the verbatim record of
the initial hearing and/or all supporting documents. The review and appeal
decision of the Vice President for Student Affairs (or designee) is final.
C. Readmission Following a Clarion University or Student-Initiated Medical Leave
A student who is seeking reinstatement to Clarion University after Clarion Universityinitiated medical leave must receive clearance by providing the Vice President for
Student Affairs written evidence from a licensed medical or mental health
professional that the student is no longer a direct threat to others or a legitimate
safety concern, and is otherwise qualified to participate in Clarion University’s
educational programs. Any other conditions outlined in accordance with this policy
Last updated 01/24/2017

32

and/or any conduct sanctions must also be completed. A hearing or referral to the
BART, as outlined above, may be held to determine whether the student is qualified
to return.

It is the policy of Clarion University of Pennsylvania that there shall be equal opportunity in all of its
educational programs, services, and benefits, and there shall be no discrimination with regard to a student’s
or prospective student’s gender, gender identity, race or color, ethnicity, national origin or ancestry, age,
mental or physical disability, religion or creed, genetic information, affectional or sexual orientation,
veteran status, or other classifications that are protected under Title IX of the Education Amendments of
1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and other
pertinent state and federal laws and regulations. Direct inquiries to the Title IX Coordinator, Clarion
University of Pennsylvania, 103 Carrier Administration Building 210 Becht Hall, sfenske@clarion.edu or
phone 814-393-2351, or the Director of Social Equity, 210 Carrier Administration Building 16214-1232;
Email asalsgiver@clarion.edu or phone 814-393-2109. Inquiries may also be directed to the Director of the
Office for Civil Rights, Department of Education, 330 Independence Avenue, SW, Washington, DC 20201 .

Last updated 01/24/2017

33

Item 5

Student Academic Rights and Regulations
&
Academic Student Code of Conduct Policy
Preamble
Clarion University of Pennsylvania exists for the transmission of knowledge, the pursuit of truth,
the development of students, and the general well-being of society. Free inquiry and free
expression are indispensable for the attainment of these goals.
As members of the university community, students are encouraged to develop the capacity for
critical judgment and to engage in a sustained and independent search for truth. Academic
freedom is essential to this community of scholars.
Students and recognized organizations are cautioned that any material posted on the Internet,
including social networking sites and Internet blogs is not private or protected information. You
may be held accountable for content posted in this manner and information obtained from this
source may be considered in cases of misconduct. For complete information on the potential
consequences of posting inappropriate content on an internet site, please visit
www.clarion.edu/judicial.
Freedom to teach and freedom to learn are inseparable facets of academic freedom. The
freedom to learn depends upon appropriate opportunities and conditions in the classroom, on
the campus, and in the larger community. Students should exercise their freedom with
responsibility. The responsibility to secure and to respect general conditions conducive to the
freedom to learn is shared by all members of the university community.
Student Rights In the Classroom Environment
The professor in the classroom and in conference shall encourage free discussion, inquiry, and
expression. Student performance shall be evaluated solely on an academic basis, not on opinions
or conduct in matters unrelated to academic standards.
Students shall be free to take reasonable exception to the data or views offered in any course of
study and to reserve judgment about matters of opinion, but they are responsible for learning
the content of any course of study for which they are enrolled.
Information about student views, beliefs, and political associations which professors acquire in
the course of their work as instructors, coaches, advisors, and counselors shall be considered

1

confidential. Judgments of ability and character may be provided with the knowledge and
consent of the student. Students may protest improper disclosure.
Education Complaint Process
In compliance with 34 CFR 668.43(b) Code of Federal Regulation and U.S. Department of
Education (USDOE) rules, an institution offering distance education must “provide its students or
prospective students with contact information for filing complaints with its accreditor and with
its State approval or licensing entity and any other relevant State official or agency that would
appropriately handle a student’s complaint.”
Clarion University of Pennsylvania encourages all current, former, and prospective students,
regardless of their residency, to FIRST submit any grievances, complaints, or concerns directly to
Clarion University as follows. For complaints or concerns,
1. Related to a particular class, students should follow the procedures and policies
outlined in Clarion University’s undergraduate and graduate catalogs and the Rights,
Regulations, and Procedures handbook. The student should first discuss the problem
with the faculty member who issued the grade. If not resolved to the student’s
satisfaction, they should then discuss the matter with the appropriate department
chairperson.
2. Unrelated to a particular class, complete the Online Educational Complaint Form.
3. If students feel the issue cannot be resolved by the university, the Pennsylvania State
System of Higher Education or its accreditor, the Middle States Commission on Higher
Education.
The
Online
Educational
Complaint
Form
may
be
examined
https://publicdocs.maxient.com/reportingform.php?ClarionUniv&layout_id=5

at

Grade Appeal Process
Disagreements between students and faculty members concerning grades, yet not related to
alleged violation of the academic honesty policy, should be appealed in the following manner.
The student should first discuss the problem with the faculty member who issued the grade. If
not resolved to the student’s satisfaction, they should then discuss the matter with the
appropriate department chair. Subsequent appeals may be heard in private conference with the
student or in a conference involving both the student and faculty member by the college dean
and provost, in that order. The decision of the provost shall be final. Should the department
chair be the faculty member who issued the grade in question, the student may proceed
immediately to a meeting with the college dean after discussing the grade with the faculty
member.
2

Should the dean be the faculty member who issued the grade in question, the student should
proceed to a meeting with the appropriate department chair after discussing the grade with
the course instructor; a subsequent appeal may be made to the Provost. Student, faculty
member, and department chair must be informed of the decision at each administrative level.
All grade appeals must be initiated no later than six months after the final course grade has
been issued.
Cases involving an alleged violation of students’ academic rights may be heard by the University
Conduct Board. A student who has a grievance involving academic rights must file a complaint
with the vice president for student affairs to initiate the hearing.
Academic Integrity Policy
All students, including online-only and in-classroom students, shall maintain a high standard of
honesty in scholastic work. As members of the university community, students have a
responsibility to be familiar with the conduct regulations found in the university catalogs,
Residence Hall Handbook, Student Code of Conduct, and Community Standards as well as other
university documents. Among the conduct regulations addressed are acts of academic integrity,
including plagiarism or cheating on assignments, examinations, or other academic work; or
without prior approval of the instructor, submitting work already done for another course.
All students, including online-only and in-classroom students, shall avoid all forms of academic
dishonesty, including, but not limited to:
1. Plagiarism–the use of another’s words without attribution or without enclosing the
words in quotation marks. Plagiarism may also be defined as the act of taking the
ideas or expression of ideas of another person and representing them as one’s own
even if the original paper has been paraphrased or otherwise modified. A close or
extended paraphrase may also be considered plagiarism even if the source is named.
Downloading partial or entire text from one or more Internet paper mills and
cutting/pasting entire and partial text from one or more Internet Websites constitute
plagiarism.
2. Collusion–collaborating with another person in the preparation of notes, themes,
reports, or other written work offered for credit, unless specifically permitted by the
instructor.
3. Cheating on an examination or quiz–giving or receiving information or using prepared
material on an examination or quiz.
4. Falsification of data–manufacturing, falsification of information, including providing
false or misleading information, or selective use of data to support a particular
conclusion or to avoid conducting actual research.
3

Complaints of academic dishonesty may be brought against a student by any member of the
academic community. Sanctions for academic integrity can range from a failing grade on a
particular assignment or examination to dismissal from the university, based on the seriousness
of the action and whether it is part of a pattern of academic integrity based violations. Faculty
members will submit information indicating that a violation of academic integrity occurred to the
Office of Judicial and Mediation Services Affairs at the Academic Integrity Referral Link on the
Office of Judicial and Mediation Services Affairs page (www.clarion.edu/judicial) to create a
record of such infractions even if no further action is requested.
Sanctions extending beyond a particular course, such as suspension or dismissal from an
academic program or from the university can only be imposed as a result of complaints filed
under the Student Code of Conduct and/or Community Standards and addressed through a formal
hearing before a University Conduct Board. Reports may be sent electronically using the
Academic Integrity Report Form which is found on the Judicial and Mediation Services Affairs
webpage at www.clarion.edu/judicial.

4

5

Online Proctoring
As noted, all students, including those taking online coursework will be held accountable for
academic integrity based violations under the Student Code of Conduct and the Community
Standards. Academic integrity based violations may include but are not limited to plagiarism,
collusion, cheating, or falsification of data as defined by the Academic Student Code of Conduct,
Student Code of Conduct and/or the Community Standards. All students, including those in the
online environment, are held accountable for academic integrity based violations.
Clarion University employs online proctoring software both for essay and other written
assignments as well as for general examinations. Online proctors detect cheating, collusion,
plagiarism, falsification of data and/or other violations of academic integrity. All students taking
online coursework should be aware that online proctoring is utilized to assist in assuring fair and
accurate grading.
All online learners are required to agree to terms acknowledging they understand online
proctoring is in use. Agreement simply acknowledges a students’ understanding that they may
be held accountable for an academic integrity based violation should online proctoring identify a
concern with an assignment, quiz, exam, or other coursework submitted by a student.
Student Publications
The student press shall be free of censorship and advance approval of copy, and its editors and
managers shall be free to develop their own editorial policies and news coverage within
guidelines established by the agency responsible for the appointment.
Editors and managers shall be protected from arbitrary suspension and removal because of
student, faculty, administrative, or public disapproval of editorial policy or content. Only for
proper and stated causes shall editors and managers be subject to removal and then by orderly
and prescribed procedures. The agency responsible for their removal before the appointment of
editors and managers shall be the agency participating in the University Conduct Board.
All university published and financed student publications shall explicitly state on the editorial
page that the opinions there expressed are not necessarily those of the university or the student
body.
Student Records
It has been a long-standing policy of Clarion University to publish a statement on the Student
Code of Conduct and Community Standards. Included in this statement is a policy on student
records. This policy is included in the Student Rights and Regulations handbook, which is
available to all students from the Office of Judicial Affairs and Mediation Services Affairs, 212
Becht Hall 260 Gemmell Student Center.
6

The privacy rights of parents and students with respect to educational records are enunciated in
the General Education Provisions Act. Copies of this act are available for inspection at the Office
of the Vice President for Student Affairs, 103 Carrier Hall 210 Becht Hall, and the Office of the
Provost and Academic Vice President, 115 Carrier Hall.
Students’ education records, except that information which is otherwise public, are confidential
in nature. Release of these records shall occur only upon written consent of the student or upon
subpoena. Exceptions to this requirement are:
1. the release of records to administrators and faculty of the university when such
information is necessary to conduct their university duties; and
2. the release of records for research when the identity of the student can be protected
and when the researcher can assure acceptable standards of confidentiality. If such
assurance is questionable, the university shall obtain the consent of the student prior
to the release of information.
Maintenance of Records
1. No record of information shall be made or retained unless there is
demonstratabledemonstrable need for it which has a reasonably substantial
relevance to the educational and related purposes of the university.
2. The categories, locations, and officials responsible for records maintenance are:
a) Academic Records–Registrar, First Floor Becht Hall;
b) Student Discipline Records–Office of Judicial and Mediation Services Affairs, 212
Becht 260 Gemmell Student Center;
c) Credential Records–Director of Career Development, 419 Becht Hall;
d) Financial Records–Director of Student Financial Services, First Floor Becht Hall; &
e) Student Accounts Records, First Floor Becht Hall.
3. No records of religious or political beliefs shall be made or retained by the university
without the student’s knowledge or consent.
4. Academic transcripts shall include current and non-current academic suspension and
probation, awards, and honors.
5. Student disciplinary records are retained for a minimum period of five years as
required by the Pennsylvania State System of Higher Education Board of Governors
guidelines.
6. Students shall have the right to inspect their records, the release of which requires
the student’s consent. The inspection or review of a record requires the student
7

personally make such a request at the office in which the record is maintained by
completing an Inspection-Request Form.
7. Every record containing information about a student’s character shall state when the
information was acquired and the name and position of the person who gave it.
8. The right to inspect records does not include direct access to medical, psychiatric, or
counseling records which are used solely in connection with treatment.
9. Except for publicity releases concerning students’ achievement and honors, the
university shall release nothing more than “directory information” without the
student’s consent. The following are considered to be “directory information”: the
student’s name, age, local, and permanent addresses, and telephone numbers,
university E-mail address, major field of study, dates of registered attendance,
enrollment status, participation in officially recognized activities and sports, any
honors and awards received, and the most recent educational agency or institution
attended, nature of any degrees granted, and the date they were conferred. A
student may refuse to permit disclosure of “directory information” by submitting in
person to the Office of the Registrar, First Floor Becht Hall, during the first five days
of each semester, written statement of such refusal.
10. As the right of privacy belongs to the individual, the student may relinquish this right.
When a request for confidential information concerning a student or graduate has
been made by a proper agency and the student has formally authorized in written
form the release of that information, the university is obligated to respond.
11. The university will provide the opportunity to challenge information contained in any
file or record regarding a student which, in the opinion of that student, is not accurate.
If, when reviewing a record, a student desires to discuss the content of that record,
the student may formally request a hearing with the Office of the Vice President for
Student Affairs for that purpose.
Release Procedures
1. Students requesting access must fill out a “Student Request for Access” (Form 001)
which may be obtained from the office where the files are located. When a student
completes this, the student must return it to the location of the file or record. This
form is then kept with the record and completed with the appropriate information,
which includes the date the notice is sent to the student and the date the student
reviews the information.
2. The office from which information is requested should arrange to have the student
review the record on file in the presence of a staff member from that office, and notify
8

the student of time, date, and location of this review. An effort should be made to
reply within seven to ten working days of the request, if possible.
3. The student should be allowed to review information only after presenting a valid
student I.D. and only in the presence of a representative of the office. The student
should not be permitted to remove records from any office.
4. If a student wishes copies of any original file or record, the student must assume costs
of reproduction. Students pay a one-time $50 academic records fee their first
semester of enrollment, which covers the cost of academic transcripts. All other
records are 50 cents per page.
5. If a student wishes to question or challenge the content of any file or record, the
student may apply to the office of the vice president for student affairs (Form 003).
An administrative hearing will be granted by the vice president for student affairs or
a designate, with complete procedural due process granted to all parties.
6. If a hearing results in a decision to amend a record or file, notice of such change will
be given by the hearing officer. The student will receive a copy of the amended record
or file. If the decision is not to make such a change, the student shall be afforded the
opportunity to place a statement of comment in the record.
7. No records, files, or information, other than directory information, are to be released
to any third party without the written consent of the student (Form 004).
8. Requests for information which are not accompanied by a written consent may be
responded to with Form 005, which requires the party requesting the information to
obtain written consent.
9. All files, folders, and records must contain a Record of Inspection (Form 006). This
form must be signed by any individual using the information for legitimate
educational interest, as defined by the law, and must state specific use of the
information.
10. Form 007 should accompany any outgoing information on individual students. This
indicates that information cannot be released to a third party without the student’s
consent. Students may go to www.clarion.edu/judicial to print and sign a Release of
Conduct Information Form. The form must be submitted to the Office of Judicial &
Mediation Services Affairs (212 Becht Hall 260 Gemmell Student Center).
11. If a file contains information about more than one student, for example, grade books,
the individual student may not have access to it in order to protect the rights of other
members of that class. However, individual information must be provided in the
appropriate manner.
9

Item 6
Clarion University
Information Items for July 19, 2018 Council of Trustees' Meeting
List of Purchases $19,400 and Above

Approved by Trustees' Finance Committee - April 6, 2018
Vendor
Whitlock
Johnson Controls
Johnson Controls
Johnson Controls

General Description
Joint Multi-Media Classroom Systems Clarion and
Edinboro Universities/$500,000 per school
Building Automatic Controls System
Planned Service Agreement for Venango Campus
Fire Alarm & Access Controls Systems

Department
Computing Services
Facilities Management
Facilities Management
Facilities Management

Purchase Order Total
$1,000,000 2/year
contract
$305,640.00
$20,256.00
$164,147.00

Contract Begin
Date

upon arrival
upon arrival
upon arrival

Contract End
Date
6/30/2019
9/30/2022
7/21/2020
10/31/2022

Item 7

Clarion University
Information Items for July 19, 2018 Council of Trustees' Meeting
Status of Facilities Projects

Tippin Gym

Project
Renovation/Construction

Stevens/Moore Hall
Still Hall
Still Hall
Still Hall
Clarion Campus
Venango Suhr Library
Steam Vaults

Project Total
ADA Accessibility Improvements
Cooling Tower Replacement
Roof Replacement
Server Room Fire Extinguishing
Sidewalk Repairs
Feasibility Study
Repair of Steam Tunnel Vaults

Building

Number
CL-696

Fund
Source
CA

CL-775
CL-784
CL-786
CL-796
CL-797
CL-790
CL-

CA
DM
DM
DM
DM
SR
DM

Project
Amount
Status Completion Date
$41,900,000
UC
Sept - 2019

$5,000,000
$150,000
$150,000
TBD
$150,000
$39,587
$250,000

ID
C
ID
ID
P
C
B

* Project completed Fall 2017; System tested and confirmed complete Spring 2018
** Project deferred to Summer 2019 for proper review and design prior to work completion
Source of Funds
EG = Education & General Funds
AX = Auxiliary
DM = Deferred Maintenance
CA = Capital Appropriation
G = Grants
SA = Student Assessment
SR = Special Revenue (e.g., Parking Fees, etc.)
CL = Cancelled

Status
P = Planning
ID = In Design
B = Bidding/Contracting
UC = Under Construction
C = Complete
AF = Awaiting Funds
AS = Awaiting Scheduling
RB = Rebid

TBD
Fall-2017 *
August-2019**
Decmeber 2018
August-2018
April-2017
October 2018

Clarion University of PA
New Grants and Contracts
Awarded between 04/1/2018 and 06/30/2018

Grant Name
PASSHE Business Plan FY18
Science in Motion FY19
NW-Engage 18-19
SW-Engage 18-19
NC-Engage 18-19
NW-State Aids
NW-HOPWA
NC-State Aids
NC-HOPWA

Amount
$
$
$
$
$
$
$
$
$

10,000
107,000
4,572
5,500
14,217
2,500,000
278,827
259,481
32,100

Director
Ms. Cynthia Nellis

Ms. Karen Spuck
Ms. Cynthia Nellis
Ms. Cynthia Nellis
Ms. Cynthia Nellis
Dr. David Miller-Martini
Dr. David Miller-Martini
Dr. David Miller-Martini
Dr. David Miller-Martini

Item 8

Item 9
A. President’s Office
1. Appointment
Manager
Gent, Pamela, Interim Provost and Academic Vice President, Full-Time, Temporary, May 21, 2018
2. Resignation
Manager
Pfannestiel, Todd, Interim Provost and Academic Vice President, May 31, 2018
B. Academic Affairs

1. Faculty Tenure
Faculty members listed below were granted tenure, effective August 18, 2018
Armstrong, Natalie
Price, Gwyneth

Communication Sciences and Disorders
School of Education

2. Faculty Sabbaticals
Faculty members listed below were awarded sabbaticals for the period and purposes indicated. All sabbaticals
were awarded at full pay.
Franchino, Mark

2019-2020 Academic Year

Devote time to artistic endeavors from
serving as a resident artist to completing
15-20 new drawings to serve as a project artist
at Artists Image Resources.

Kuehn, Myrna

2019-2020 Academic Year

Update expertise in the area of software
applications to present to department.

Kuehn, Scott

2019-2020 Academic Year

Review professional writing practices and
Scholarship and develop your semiotics
scholarship in popular rock music.

Kuntz, Melissa

2019-2020 Academic Year

Further your work on your Ph.D. and provide
research on inequities within the art world to
the broader art community

O’Donnell, Jon

2019-2020 Academic Year

Audit core courses in the Master of Science
In Applied Data Analytics program and teach the
courses in the business core.

O’Donnell, Kathleen

2019-2020 Academic Year

Update your skills and abilities related to
teaching English Linguistics and ESL

O’Neil, Naomi

Spring 2020 Semester

Produce manuscripts using your research data
For publication in top-level communication
Academic journals.

2

Pack, Uraina

Spring 2020 Semester

Research to write chapters to complete
a full-length book project.

Rosati, Annette

2019-2010 Academic Year

Update the English Department upper-division
Writing courses.

Smith, Doug

2019-2020 Academic Year

Analysis the BS Molecular
Biology/Biotechnology program and create a
five to ten year plan to improve the program’s
recruitment and brand.

Welsch, Kathleen

2019-2020 Academic Year

Research personal and professional interest
which will enhance my teaching in both the
Department of English and Women and Gender
Studies Courses.

3. Appointments
Faculty – E & G Funded
Adams, Stephanie; 12-credit time Instructor (Step 3), Human Services, Rehabilitation, Health
and Sport Sciences Department, May 21, 2018 through August 9, 2018
Adams, Stephanie; 100%-time Instructor (Step 3), Human Services, Rehabilitation, Health and
Sports Sciences Department, August 18, 2018 through May 24, 2019
Best, Melanie; 100%-time Instructor (Step 1), Nursing Department
August 18, 2018 through May 24, 2019
Brzoza-Lewis, Kristina; 100%-time Instructor (Step 1), Biology & Geoscience Department
August 18, 2018 through May 24, 2019
Chaparro, Sergio; 100%-time Assistant Professor (Step 1), Library Services Department,
August 18, 2018
Diamond, Jeffrey; 3-credit time Instructor (Step 1), Social Science Department,
June 4, 2018 through June 22, 2018
Diamond, Jeffrey; 100%-time Instructor (Step 1), Social Science Department,
August 18, 2018 through May 24, 2019
Dias, Natasha; 100%-time Instructor (Step 1), Biology & Geoscience Department
August 18, 2018 through May 24, 2019
Fenstermaker, Robin; 2-credit time Instructor (Step 1), Nursing Department
May 21, 2018 through August 16, 2018
Fenstermaker, Robin; 100%-time Assistant Professor (Step 1), Nursing Department,
August 18, 2018
Flaherty, Debra; 100%-time Assistant Professor (Step 1), Nursing Department,
August 18, 2018
Heavilin, Jason; 100%-time Associate Professor (Step 10), Finance Department,
August 18, 2018
Kazar, Sheila; 4-credit time Instructor (Step 1), Biology and Geoscience Department,
May 14, 2018 through June 15, 2018
McConnell, Marcella; 3-credit time Instructor (Step 1), Chemistry, Math and Physics
Department, June 4, 2018 through July 6, 2018
McConnell, Marcella; 100%-time Assistant Professor (Step 2), Chemistry, Math and Physics
Department, August 18, 2018
Montag, Susan; .333/Student time Instructor (Step 1), Nursing Department,
May 14, 2018 through August 9, 2018
Myers, Karen; 3-credit time Assistant Professor (Step 1), Nursing Department
July 2, 2018 through August 17, 2018
Packard, Brandon; 100%-time Assistant Professor (Step 1), Computer Information Sciences
Department, August 18, 2018
Pikna, Leah; 7-credit time Instructor (Step 1), Communication Sciences and Disorders

3

Department, June 4, 2018 through August 9, 2018
Qu, Jin; 100%-time Assistant Professor (Step 1), Psychology Department
August 18, 2018
Rhode, Matthew; 100%-time Instructor (Step 1), Social Science Department
August 18, 2018 through May 24, 2019
Sambor, Grzegorz; 12-credit time Instructor (Step 1), Human Service, Rehabilitation, Health and
Sport Sciences Department, May 21, 2018 through August 10, 2018
Sambor, Grzegorz; 100%-time Instructor (Step 1), Human Service, Rehabilitation, Health and
Sport Sciences Department, August 18, 2018 through May 24, 2019
Sanko, Marc; 100%-time Assistant Professor (Step 1), Social Science Department,
August 18, 2018
Shick, Timothy; 3-credit time Management and Marketing Department,
June 4, 2018 through July 6, 2018
Singh, Nripendra; 100%-time Professor (Step 3), Management and Marketing Department,
August 18, 2018
Tienes, Jeffrey; 6-credit time Instructor (Step 1), Social Science Department
June 4, 2018 through August 9, 2018
Weidle, Christina; 100%-time Assistant Professor (Step 1), Nursing Department
August 18, 2018
Zemaitis, Mary; 3-credit time Assistant Professor (Step 4), Nursing Department-Pittsburgh Site
June 4, 2018 through July 27, 2018
Grant Funded
Aiello, Maria; 334.65-hours assigned; Assistant Professor (Step 5), Student Support Services
Department, May 28, 2018 through August 24, 2018
Beers, Shawn; 30.93- hours assigned; Instructor (Step 1), Student Support Services
Department, June 23, 2018 through July 27, 2018
Bradley, Connie; 77.34-hours assigned, Instructor (Step 8), Educational Talen Search
Department, June 9, 2018 through June 29, 2018
Craig, Jason; 58-hours assigned, Instructor (Step 1) Student Support Services Department
June 23, 2018 through July 27, 2018
Defranco, Lisa; 77.34-hours assigned, Instructor (Step 1), Education Talent Search Department,
June 9, 2018 through June 29, 2018
Doverspike, Tami; 103.03-hours assigned, Instructor (Step 6), Education Talent Search
Department, June 2, 2018 through June 29, 2018
Evans, Kenneth; 86.37-hours assigned, Instructor (Step 1), Student Support Services
Department, June 23, 2018 through July 27, 2018
Griffin, Timothy; 180.47-hours assigned, Instructor (Step 1), Student Support Services
Department, June 9, 2018 through July 27, 2018
Hudson-Weibel, Shintrika; 180.47-hours assigned, Instructor (Step 2), Educational Talent
Search Department June 9, 2018 through July 27, 2018
McMillen-Toth, Rhonda; 231.19-hours worked, Assistant Professor (Step 13), Educational
Talent Search Department, May 26, 2018 through July 27, 2018
McKinstry, Valerie; 34.80-hours worked, Instructor (Step 1), Educational Talent Search
Department, June 23, 2018 through July 27, 2018
Sloan, David; 61.87-worked hours, Instructor (Step 1), Student Support Services Department;
June 23, 2018 through July 27, 2018
Snyder, Donna: 64.45 hours worked, Instructor (Step 1), Academic Enrichment Department,
June 23, 2018 through July 27, 2018

4

Administrator
Lind, Shawna, State University Administrator 1, Assistant Registrar, Full-Time, Regular,
Registrar, May 7, 2018
Vickers, Kyle, Grant Funded Program Coordinator 2, Learning Skills Specialist, Full-Time, Regular
(9-month to 12-month), Student Support Services, May 15, 2018
Bowen, Brittany, State University Administrator 1, Financial Aid Counselor, Full-Time,
Regular, Student Financial Services, June 25, 2018
Staff Support
Myers, Heather, Clerk Typist 2, Full-Time, Regular, Computing Services, April 23, 2018
Boyd, Matthew, Help Desk Technician, Full-Time, Regular, Computing Services, June 11, 2018
Ochs, Christine, Clerk Typist 2, Full-Time, Regular, N/W Alliance, June 25, 2018
Scognamiglio, Luigi, Help Desk Technician, Full-Time, Regular, Computing Services, July 9, 2018
4. Retirements/Resignations
Manager
Dede, Brenda, Associate Vice President Academic Affairs, Retirement, July 6, 2018
Cristini, Nicole, Business Analyst, Student Financial Services, Resignation, April 11, 2018
Curtis, Shannon, Medical Records Assistant, N/W Alliance, Resignation, June 22, 2018
Hillwig, Erica, Assistant Registrar, Resignation, April 9, 2018
Faculty
Boubacar, Inoussa; Assistant Professor, Economics Department, May 25, 2018
Forden, Carie; Assistant Professor, Psychology Department, August 18, 2018
McIntyre, Kathleen; Assistant Professor, Social Science Department, August 18, 2018.
5. Promotions
The faculty listed below were promoted to Full Professor, effective August 18, 2018
Li, Chunfei

Chemistry, Mathematics and Physics

The faculty listed below were promoted to Associate Professor, effective August 18, 2018
Bloom, Renee
Chambers, Leah
Klenowski, Paul
Knepp, Doug
Overly, Joyce
Sprenger, Karl

Human Services, Rehabilitation, Health and Sport Sciences
English and Modern Languages
Human Services, Rehabilitation, Health and Sport Sciences
Human Services, Rehabilitation, Health and Sport Sciences
Chemistry, Mathematics and Physics
Education

C. Finance and Administration
1. Appointment
Support Staff
Stutsman, Michael, Patrol Officer, Full-Time, Regular, Public Safety, April 9, 2018
Norton, John, Electrician, Full-Time, Regular, Facilities Management, July 9, 2018

5

2. Promotion
Support Staff
Ditz, Fred, Store Keeper 1, Full-Time, Regular, Facilities Management, March 26, 2018
Evans, Gary, Building Maintenance Foreman, Full-Time, Regular, Facilities Management,
March 26, 2018
Dymock, Thomas, Custodial Work Supervisor, Full-Time, Regular, Facilities Management,
June 18, 2018
3. Appointment – Temporary
Support Staff
Herman, Ken, Semi-Skilled Laborer, Full-Time, Temporary, Facilities Management, April 23, 2018
Mason, Chip, Semi-Skilled Laborer, Full-Time, Temporary, Facilities Management, April 23, 2018
Gadley, Joy, Semi-Skilled Laborer, Full-Time, Temporary, Facilities Management, April 23, 2018
Rhoades, Duane, Semi-Skilled Laborer, Full-Time, Temporary, Facilities Management, May 7, 2018
Fetzer, Greg, Semi-Skilled Laborer, Full-Time, Temporary, Facilities Management, May 7, 2018
Schrecengost, Scott, Semi-Skilled Laborer, Full-Time, Temporary, Facilities Management, May 7, 2018

D. Student Affairs
1. Appointment
Administrator
Kitzmiller, Tyler, State University Administrator 2, Assistant Director, Judicial Affairs, Full-Time,
Regular Status, April 16, 2018
Staff Support
Raehsler, Kara, Fiscal Assistant, Residence Life, Full-Time, Regular, March 26, 2018
Funk, Barbara, Clerk Typist 1, Conference and Events, Part-Time, Regular, May 29, 2018
2. Appointment, Temporary - Extension
Administrator
Negley, Corey, State University Administrator 1, Residence Life, Full-Time, Temporary,
May 28, 2018
Lahr, Melanie, State University Administrator 3, Residence Life, Full-Time, Temporary,
June 9, 2018
E. University Advancement
1.

Appointment

Manager
Reynolds, Adam, Web Designer/Developer, Marketing and Communications, Full-Time, Regular,
April 30, 2018
Wozniak, Amy, Web Content Writer, Marketing and Communications, Full-Time, Regular, July 2,
2018