Conduct of Hearing
The conduct of hearings shall be committed to the university which may make all rules reasonable and necessary for the orderly and efficient disposition of cases.
The conduct of hearings shall ensure that the accused student has had a fair and reasonable opportunity to answer, explain, and defend against the charges.
The university shall have the burden of proof in all cases.
Use of Evidence
Hearings shall not be bound by formal rules of evidence. However, all evidence must be inherently reliable.
Hearsay shall not be used as the sole evidence to establish any fact necessary to establish a violation has occurred or not.
A student's previous disciplinary record shall not be used to establish whether or not a student has violated a university regulation in a current case. However, the hearing may include a student's previous disciplinary record, in the event a student has been found to be in violation as charged to determine the appropriate disciplinary penalty or sanctions to be imposed.
A student's failure to function as a student, irregular class attendance, failure to take tests or exams, or failure to complete assignments or requirements, may be considered in determining disciplinary sanctions.
A student, by submitting a Hearing Wavier Form online to the Office of Judicial and Mediation Services, may waive his or her rights to a hearing. Hearings which are waived will be reviewed using the available evidence for the case. University Conduct Board hearings may not be waived; however, an alleged student may not be compelled to speak at a hearing. A hearing will be held in the absence of a student choosing not to attend. This applies to both informal and formal administrative hearings.
Students who fail to check Eagle E-Mail to find a notice of a hearing, or, who fail to contact the Office of Judicial and Mediation Services prior to missing a hearing will not be able to reschedule a hearing held in their absence. Hearings will be held in the absence of students who do not attend a hearing. It is the responsibility of students to request a hearing date/time be changed prior to the date/time of the hearing. Requests to change the date/time are not guaranteed as University Conduct Board hearings are based on academic schedules as well as the schedules of witnesses, victims/survivors, as well as the schedules of members of the board.
Decisions of adjudication officers that students have violated conduct regulations and decisions of faculty members that students have engaged in academic dishonesty may be appealed to the university Conduct Board. Decisions of the University Conduct Board or vice president for student affairs that students have violated conduct regulations may be appealed to the university president or a designee, which may include an Appeals Board. These appeals are made by submitting the Formal Hearing Appeal Form to the Office of Judicial and Mediation Services within three business days of receiving your Hearing decision. The form may be hand-delivered or mailed to Room 204 Egbert Hall, or faxed to 814-393-1860. Upon reasonable request, the three business day deadline may be extended by the Coordinator of Judicial Affairs and Residence Life Education. Discretionary authority to review adjudication decisions is retained by the university president, or a designee, which may include an appeals board. An appeal or review may result in a new hearing of the case, or the original decision may be affirmed, reversed, or modified.
Reported survivors of sexual violence may also follow the appeal process as stated in the Formal Hearing Appeal Form located on the Judicial and Mediation Services website at www.clarion.edu/judicial.
Appeals are related to the following criteria. An appeal may consist of any or all points of appeal. It is the responsibility of the appealing party to elaborate on the points of appeal. Appeals to informal or formal cases, including University Conduct Board decisions, may be made under the following reasons for appeal:
1. There was a procedural error in the original case.
2. Information or evidence not considered in the original case is now available.
3. The decision reached in the original case was not based on substantive information and evidence.
4. The action taken in the original case was inappropriate for the offense.
University Conduct Board
The Student and Faculty Senates will each appoint, from their respective constituencies and subject to approval of the president, at least five individuals who will be eligible to serve as Conduct Board members. An appointment will be for a term of two years.
The Office of Judicial and Mediation Services shall convene a board composed of students, faculty and staff from the eligible membership. The Coordinator of Judicial Affairs and Residence Life Education, in most cases, shall serve ex-officio as presiding/recording officer. The coordinator will present charges, ask questions, and observe the proceedings without serving as a voting member of the board. Other Board members may be appointed with the approval of the Vice President for Student Affairs who wish to volunteer as student, faculty, or staff for the purpose of adjudicating cases. No student currently on academic probation or behavioral probation may serve as a voting member of the University Conduct Board.
In addition to its jurisdiction as already defined on page 10, the university Conduct Board will hear the following:
cases involving administrative denial of a student's registration for non-academic reasons, and
cases involving an alleged violation of a student's academic rights.
The following apply to all misconduct cases:
The president or a designee may suspend students from the university, including their privilege to enter any university property or facility pending the final disposition of their case if it is determined that their continued presence constitutes an immediate threat of harm to themselves, other students, university personnel, or to university property. In the event a student is suspended under such conditions, a hearing shall be convened within 10 working days unless extenuating circumstances warrant an extension, in which case a hearing would be provided at the earliest possible date.
Maintenance of Status
Unless an interim suspension is imposed, as provided in these regulations, a student shall continue his or her matriculation with all normal privileges until the case is fully adjudicated through university procedures.
Disciplinary Notification on Academic Transcripts
Effective July 1, 2012, Clarion University will note student disciplinary expulsions and suspensions on Academic Transcripts. This notification will be viewed on official, unofficial, and Electronic transcripts.
The university may withhold transcripts, grades, diplomas, or other official records pending the disposition of cases, if such action is reasonably necessary to preserve the university's ability to enforce its disciplinary rules.
This action is taken when the student's misconduct or disciplinary involvement is of such seriousness that it merits the student's separation from the university community. A dismissal action will specify the conditions, if any, under which the student may become eligible for readmission. Any student who is expelled from Clarion University under the student conduct policy cannot receive or be granted a Clarion University degree. Expelled students cannot transfer credits from another institution to complete degree requirements at Clarion University.
This action is taken when the seriousness of the student's misconduct or disciplinary involvement merits interruption of the student's enrollment. A suspension action will specify a date and/or requirement for reinstatement.
This action is taken when the student's misconduct or disciplinary involvement merits a period of official censure. A probation action will specify any conditions with which the student must comply or any privileges which may be withheld.
This action is taken when the student's misconduct or disciplinary involvement merits an official admonition.
Any disciplinary sanction may include, if appropriate, a requirement that the student fulfill some specified act of restitution or correction.
When warranted, a disciplinary action not specified above may be imposed.
Clarion University of Pennsylvania recognizes that students, parents, guardians, and the university are in a partnership in which each has the responsibility to promote a healthy and productive educational experience.
Due to the recent amendments to the Family Educational Rights and Privacy Act (FERPA)/Buckley Amendment by the U.S. Department of Education, it is permissible for Clarion University to notify the parent or guardian of dependent students when those students have been found responsible for alcohol and drug related offenses and the student is under 21.
Disciplinary sanctions are implemented by presenting to the student a letter and/or e-mail explaining the decision. A copy of the letter will be placed in the university disciplinary files. Appropriate university offices and personnel will be notified when necessary for sanction implementation.
A letter may be defined as an official university e-mail. It is the responsibility of students to check their Clarion e-mail. It is not the fault of the university if a student fails to check their e-mail, has exceeded their mailbox capacity and did not receive student conduct e-mail, deleted e-mail without reading, or if the student viewed but did not fully read their official e-mail.
The president reserves the right to amend sanctions or grant appeals at any time for a violation of the student conduct policy.