Disciplinary Action Procedure

Disciplinary hearings in higher education are not criminal proceedings and therefore do not require the same standards of procedural due process as do criminal proceedings. However, the hearing will be fair and impartial.

NOTICE OF CHARGES
The first step in the proceure is for the instructor to talk to the student concerned. The instructor must meet with the student, discuss the incident, and outline the basis for the charge. At that point, if the instructor wishes to impose any sanctions on the student, the instructor must complete the EMS academic integrity form and present it to the student. The student has the option of contesting or not contesting the accusation and the sanction. It is recommended that the instructor give the student a couple of days to think about their response.

If the student contests the accusation, the case goes to the College Academic Integrity Committee. The Associate Dean for Education will request that the instructor provide the student with a written statement of the charge and the supporting evidence. The student will be asked to provide a written response, and both statements will be provided to the Academic Integrity Committee. The committee will then determine whether it has sufficient information to make a decision, or whether a formal hearing is required.

In the event that a formal hearing is deemed necessary, the student will be notified of the date, time and location in writing no less than five (5) business days in advance of a set hearing (to afford a reasonable opportunity to prepare a response). A student has the right to waive the five (5) day notice time period. The student also is told to refer to the Academic Integrity Web site for more information about his/her rights, hearing procedures and sanctions.

CONDUCT OF HEARINGS
The hearing shall be conducted in such a manner as to require substantial justice and shall not be restricted unduly by rules of procedure or evidence. Evidence not directly related to the matter at hand will not be considered for review. It is the responsibility of the Chairperson of a hearing body to rule on the admissibility of evidence and on relevant and irrelevant matters.

The focus of inquiry in disciplinary proceedings shall be whether or not the accused person was in violation of a community expectation and/or the Code of Conduct. Formal rules of evidence are not applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to a student of the University may result.

Those permitted to be present at hearings include only the following:

• Accused student
• Advisor, if desired
• College Presenter
• Witnesses when called
• EMS Academic Integrity Committee

A hearing or review may proceed with one (1) member absent provided the Chairperson is present. The official record of the hearing is the written report prepared by the Chairperson of the EMS Academic Integrity Committee.

Advisors. The accused student has the right to be assisted by an advisor of his/her choice, who must be a regular administrative official, regular faculty member or student of the University. As used in this paragraph, the words "regular" shall have the same meaning as defined in Human Resources Policies HR-05* ( http://www.ohr.psu.edu/policy/HR05.CFM ). The College does not have an obligation to provide an advisor to the accused student.

The advisor, upon request of the student, may:

1. Advise the student in the preparation and presentation of a defense
2. Accompany the student to all disciplinary hearings
3. Advise the student in the preparation of appeals

The advisor shall not assume responsibility for conducting the defense of the accused student, except that the advisor may assist the student in their opening and closing statements and questioning of witnesses.

Presenter. On behalf of the College, the charges and evidence may be presented by a person designated by the Chairperson. In general, the presenter will be the faculty member in whose class or under whose supervision the violation occurred.

Witnesses. In his/her own behalf, the student shall have the right to call a reasonable number of witnesses of fact who shall be subject to questioning by members of the Committee and the Presenter. The student charged has the right to question all witnesses.

The testimony of unknown or unidentified witnesses is not admissible.

The Committee and/or the Presenter may address questions to any party or to any witness called by the parties. However, the student charged will not be compelled against his/her wishes to testify or answer any questions, and his/her silence will not be held against him/her. The scope of the testimony will be limited to matters relevant to the charges and the defense of the charges.

The Committee, the Presenter and/or accused student may request the presence or testimony at the hearing of any member of the University community, including the accused person(s). Records or other exhibits may also be requested. In the event any person, including the student charged and/or his/her advisor, will disrupt the hearing, that person will be excluded and the hearing will proceed in his/her absence.

Failure to Appear. No imposition of sanctions will be based solely upon the failure of the person charged to answer the charges. In the event of the refusal of the accused person to appear at the hearing, the evidence in support of the charges will be presented, considered and adjudicated.

Burden of Proof. The University has the burden of proof of guilt by clear and convincing evidence (not beyond a reasonable doubt, as in the courts). Burden of proof by clear and convincing evidence may similarly be understood that it would be reasonable to draw a conclusion based on the existing relevant and admissible evidence presented at the hearing.

Challenges to the Committee. The accused student may challenge any member of the Committee on grounds of prejudice. (The accused student may not challenge the College Presenter). The Committee will deliberate in private and determine, by majority vote (excluding the member being challenged), whether the member should be replaced by an alternate Committee member who would be designated by the Chairperson.

Committee Report. A written report of the original hearing will be made consisting of:

1. The charges delivered, Conduct Disposition and other hearing documents.
2. A summary of the accepted testimony and evidence leading to the decision of the Committee which supports certain findings.
3. Committee decision including; precedent (if appropriate), past behavioral record, and any other considerations used in the Committee rationale for the decision and the sanction.
4. The sanction(s) or interventions imposed

The report will be submitted to the Office of the Associate Dean for Education for forwarding to the University Office of Judicial Affairs. Official notice to the student is made by the Office of the Associate Dean for Education.

Appeals. A new hearing may be granted by the original hearing body if the student files a written application for a new hearing, specifically alleging newly discovered evidence.