Juniata College Student Conduct Philosophy
The Juniata College community is committed to inclusive excellence, respecting the dignity and intrinsic value of each individual, fostering an environment free of harassment and violence, and promoting an ethic of compassionate care and service. The student conduct process strives to be an individualized educational and developmental experience that balances the interests of each student with the interests of the Juniata Community. Grounded in the Juniata College mission and Institutional Learning Outcomes (see below), the Code of Conduct and conduct process is designed to inspire students to become their best selves and to live out the values and principles of community that animate the Juniata experience.
Juniata’s mission is to provide an engaging personalized educational experience empowering
our students to develop the skills, knowledge, and values that lead to a fulfilling
life of service and ethical leadership in the global community.
Through curricular and co-curricular experiences that emphasize strong mentoring, undergraduate research, and experiential learning, Juniata seeks to foster graduates who pursue knowledge, act ethically, and engage with the world through interdisciplinary and intercultural lenses.
The Juniata College community aspires to principles of community as reflected in our Institutional Learning Outcomes (ILO’s), where a Juniata graduate will demonstrate:
Knowledge and Skills
- The skills needed to engage effectively with and adapt to a changing world
- Depth of knowledge in an academic field
- Critical engagement with and respect for multiple cultural traditions and human diversity
- Analytical and creative thinking, critical questioning, and examination of evidence
- Intellectual curiosity and an openness to exploring challenging questions
- Integration of knowledge and skills from multiple disciplinary approaches to address questions or problems
- Different way of knowing about the self, aesthetics, human cultures, and the social and natural worlds
- Knowledge of multiple ethical traditions and an informed vision of a just society
- The capacity to act ethically with empathy, honesty, and responsibility
Engagement with the Self and the World
- Collaborative work in cultural settings from local to global
- Engaged citizenship and respectful interactions
- Understanding of how a holistic and intentional approach to life fosters wellbeing
Juniata College students are provided a copy of the Code of Conduct annually in the form of a link on the Dean of Students webpage. Students are responsible for having read and abiding by the provisions of the Code of Conduct, included in the student handbook, “The Pathfinder,” which also includes Residential Life, Public Safety, and Academic policies and procedures.
The College expects its students to conduct themselves as responsible citizens and to comply with all College policies. Conduct that is in violation of community principles, that impinges on the rights of others, and/or that adversely affects the College community, mission or reputation; or that specifically violates College policies may result in a student’s required participation in the student conduct process. This includes conduct that occurs both on and off college property.
The Code of Conduct and the student conduct process apply to the conduct of individual students, both undergraduate and graduate, and all Juniata-affiliated student organizations. For the purposes of the Code of Conduct, Juniata 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 Juniata College.
The Juniata College student conduct process is an educational process designed to resolve matters concerning student conduct within the framework of students’ rights and responsibilities pursuant to College policies. The College strives to provide a fundamentally fair, equitable, and educational process for all participants. Student conduct proceedings are not a legal process and are not intended to duplicate legal proceedings.
Juniata College retains conduct jurisdiction over students who choose to take a leave of absence, withdraw or have graduated for any alleged 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 transcripts. All sanctions must be satisfied prior to becoming eligible for re-enrollment. In the event of serious misconduct committed while still enrolled, but reported after the accused student has graduated, Juniata College may invoke these procedures and should the former student be found responsible, the College may take additional action that limits and/or revoke’s that student’s relationship with the College.
The Code of Conduct applies to behaviors that take place on campus, at Juniata-sponsored events, and also applies off campus when the Dean of Students or his/her designee determines that the off-campus conduct affects a substantial College interest. A substantial College 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 self or other; and/or
- 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, interests, or reputation of Juniata College.
The Code of Conduct may be applied to behavior conducted online, via e-mail or other electronic mediums such as blogs, web postings, chats, and social media. These public postings can subject a student to allegations of conduct violations if evidence of policy violations are posted online. The College does not regularly search for this information, but may take action if and when such information is brought to the attention of College officials.
The Code of Conduct applies to guests of members of the college community whose hosts may be held accountable for the misconduct of their guests. The code may also be applied to resident non-students, camp attendees, and participants in the College’s summer camps and conferences programs. Visitors to and guests of Juniata College may seek resolution of violations of the Code of Conduct committed against them by members of the Juniata community.
There is no time limit on reporting violations of the Code of Conduct; however, the longer a complainant waits to report an offense, the more difficult it becomes for College officials to conduct an investigation to obtain information and statements to make determinations regarding alleged violations.
Anonymous complaints will be received, however this form of complaint may limit the College’s ability to investigate and respond comprehensively. File an anonymous report here. Those who are aware of perceived misconduct are encouraged to report it as soon as possible to the Dean of Students Office, Residential Life, or Juniata Public Safety.
Juniata’s network e-mail, in which all Juniata students in good standing have an account, is the College’s primary means of communication with students. Students are responsible for all communication delivered to their College e-mail address.
The Dean of Students or designee may vary procedures with notice upon determining that changes to law or regulation require policy or procedural alterations not reflected in the Juniata College Code of Conduct. Minor modifications may be made to procedures that do not materially jeopardize the fairness owed to any party. Any question of interpretation of the Code of Conduct will be referred to an Ad Hoc committee of the Vice President for Student Life and Dean of Students, the Associate Dean of Students, the Assistant Dean of Students, the Assistant Dean for Campus Life, and the Director of Public Safety. The committee’s interpretation is final. Juniata’s Code of Conduct is subject to annual review under the direction of the Associate Dean of Students or his/her designee. Although we believe the information provided in this document is accurate and current, the College reserves the right to make changes in policies and procedures at any time deemed necessary. Students enrolled at the College agree to comply with the College’s policies and to accommodate any necessary changes.
Compliance with local, state, and federal laws are considered to be included in the Juniata student Code of Conduct. While the Juniata College student Code of Conduct process is distinct from legal criminal and civil proceedings, alleged violations of federal, state, and local laws may be investigated and addressed under the Code of Conduct. When an offense occurs, the College’s conduct process will usually go forward notwithstanding any criminal complaint that may arise from the same incident.
The College reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaint. Interim suspensions are imposed by the Associate Dean of Students until a hearing can be held, typically within 10 working days. Within that time, the suspended student may request an immediate hearing in writing to the Associate Dean of Students to show cause for why the interim suspension should be lifted. If an immediate hearing is held, this hearing will serve to determine whether the interim suspension is continued, but will not serve in place of the conduct hearing.
Juniata College considers the behaviors described in the following sections as inappropriate for the College community and contrary to Juniata’s core values and the values of the student conduct process set forth in this document. These expectations apply to all students regardless of academic program or residency. The College encourages all community members to report to College officials all incidents that involve the following actions. Any student found to have committed, or to have attempted to commit, the following may be subject to the sanctions outlined in the Conduct Procedures section of this document below.
- Alcohol: Use, possession, or distribution of alcoholic beverage or paraphernalia except as expressly permitted by law and the College’s Alcohol Policy.
- Drugs: Use, possession, or distribution of illegal drugs and other controlled substances or drug paraphernalia except as expressly permitted by law and the College’s Drug Policy. This policy includes the abuse, misuse, sale, or distribution of prescription or over-the-counter medications.
- Tobacco: Smoking or tobacco use within the bounds of the College campus, except as permitted by policy.
- Violations of Law: Violation of local, state, or federal laws, regardless of whether law enforcement intervened.
- Unauthorized Entry: Unauthorized entry or use of College facilities, including trespassing, propping or unauthorized use of alarmed doors, or unauthorized possession or duplication of College keys, access cards, and codes.
- Damage and Destruction: Intentional, reckless and/or unauthorized damage to or destruction of College property or the personal property of another.
- 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, but not limited to, slingshots, catapults, and any device to hurl a missile or projectile, arrows, axes, machetes, nun chucks, throwing stars, or knives with a blade of longer than 4 inches, including the storage of any item that falls within the category of a weapon in a vehicle parked on College property.
- Violation of Residential Life Policies: Violation of Residential Life policies or rules, which are found on the Residential Life website.
- 9. Fire Safety: Violation of local, state, federal or campus fire policies including, but not limited
- Intentionally or recklessly causing a fire which damages College or personal property or which causes injury;
- Failure to evacuate a College-controlled building during a fire alarm;
- Improper use of College fire safety equipment; or
- Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on College property.
- Health & Safety: Creation of health and/or safety hazards (failing to maintain a healthy/safe residence hall room, dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.)
- Animals: Animals, with the exception of animals that provide assistance, and pets as outlined in the Residential Life policy, are not permitted within campus buildings except as permitted by law and policy.
- Wheeled Devices: Skateboards, roller blades, roller skates, bicycles, hover boards, and similar wheeled devices are not permitted inside College buildings, residence halls or on athletic fields. Additionally, wheeled devices 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 College property caused by such activities.
13. Disruptive Behaviors: Behavior which cases substantial disruption of College operations including obstruction of teaching, research, administration, other College activities, or other authorized non-College activities which occur on campus.
14. 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.
15. Harm to Persons: Intentionally or recklessly causing physical harm or endangering the health or safety of any person, including self.
16. Threatening Behaviors:
- 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.
- Intimidation: Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.
17. Bullying/Cyberbullying: Repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally verbally, in writing, or via an online platform.
18. Hazing: Encompasses any action or activity which does not contribute to the positive development of a person, or which inflicts or intends to cause mental or bodily harm or anxieties, or which may demean, degrade, or disgrace any person. Juniata hazing report. Juniata athletics antihazing policy.
19. Intimate Partner/Relationship Violence: Violence or abuse by a person who has been in romantic or an intimate relationship with another. Please see further guidance here.
20. Stalking: Engaging in a course of conduct directed at a specific person(s) that would cause a reasonable person to (a) fear for his or her safety or the safety of others, or (b) suffer substantial emotional distress. Please see further guidance here.
21. Sexual Misconduct: Includes, but is not limited to, sexual harassment, sexual violence, and/or sexual exploitation. Please see further guidance here.
22. Bystanding: Complicity with or failure of any student to address known or obvious violations of the Code of Conduct or law.
23. Collusion: Action or inaction with another or others to violate the Code of Conduct;
24. Noncompliance: Failure to comply with directions of College officials acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
25. Discrimination: Any act or failure to act that is based upon an individual or group’s actual or perceived status (race, color, religion, gender, national origin, age, disability, ancestry, genetic information, ethnic origin, marital and parental status, veteran status, citizenship status, sexual orientation, gender identity or expression, or because of any other protected status of an individual or that individual's associates or relatives) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the College’s educational program or activities. See the College Non-Discrimination and Harassment Policy. For information to bias-related confrontations/incidents, click here.
26. Harassment: Any unwelcome conduct based on actual or perceived status (race, color, religion, gender, national origin, age, disability, ancestry, genetic information, ethnic origin, marital and parental status, veteran status, citizenship status, sexual orientation, gender identity or expression, or because of any other protected status of an individual or that individual's associates or relatives).
27. Abuse of the Conduct Process: Abuse or interference with, or failure to comply in, College processes including conduct and academic integrity hearings including, but not limited to:
- Falsification, distortion, or misrepresentation of information;
- Failure to provide, destroying or concealing information during an investigation of an alleged policy violation;
- Attempting to discourage an individual’s proper participation in, or use of, the conduct system;
- Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during, and/or following a conduct hearing;
- Failure to comply with the sanction(s) assigned by the hearing officer;
- Influencing, or attempting to influence, another person to commit an abuse of the conduct process.
28. Falsification: Knowingly furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification or financial instruments.
29. Forgery: Alteration or misuse of College documents, records, or identification, or knowingly providing false documentation to the College.
30. Academic Dishonesty: Academic policies are outlined here.
31. Unauthorized Access: Unauthorized access to any College building (ex: keys, cards, etc.) or unauthorized possession, duplication or use of means of access to any College building or failing to make a timely report of a lost College access card.
32. Trust: Violations of positions of trust within the community.
33. Theft: Intentional unauthorized taking or possession of College property or the personal property of another, including goods, services, and other valuables.
34. Trademark: Unauthorized use (including misuse) of College or organizational names and images.
35. Acceptable Use: Violations of the College’s institutional use and computing policy, found online here.
This section is intended to give an overview of how the Juniata College student conduct proceedings operate, but it should be noted that not all situations are of the same severity or complexity.
The student conduct process and all applicable timelines commence with notice to an administrator of a potential violation of College policies, including residential community standards. Notice is defined as when any source (complainant, staff member, 3rd party, online post, etc.) is in contact with a College official regarding allegations of a policy violation.
An Administrative Hearing may be held between the student accused of a policy violation and a hearing officer who acts on behalf of the College. A formal notice of the complaint will be issued to the student at the time when they are informed of the meeting. Juniata hearing officers include, but are not limited to, the individuals who serve in the positions listed below:
- Residential Life Coordinators (RLC’s)
- Director of Public Safety
- Assistant Dean of Students
- Assistant Dean for Campus Life
- Associate Dean of Students and Title IX Coordinator
- Vice President for Student Life and Dean of Students
Within 5 business days of an Administrative Hearing, a finding will be determined and that decision is final unless a student completes a successful formal appeal.
A student found responsible for a policy violation will be issued a sanction congruent with the individual student and the policy violation/s. More information about sanctions is elaborated in the Conduct Procedures section below.
A. Role of Conduct Procedure Participants
The Associate Dean of Students or his/her designee will be the convener of each action outlined in this section. Definitions of roles within this section include:
- Responding Student: The person who is alleged to have violated the Code of Conduct.
- Complainant: The party bringing the complaint, who may be a student, employee, visitor, guest, or law enforcement.
- Witnesses: Persons who may offer information regarding the allegation or incident.
- Hearing Officer: College representative whose role is to facilitate discussion about the incident and to have an educational conversation with all parties before making a determination of responsibility in the matter. The hearing officer is also responsible for the assignment of sanctions and follow-up with students as needed.
A student group or organization, including athletics teams, and its officers and/or membership may be held collectively and individually responsible when violations of the Code of Conduct by the organization or its member(s):
- Take place at an organization-sponsored or co-sponsored event, whether sponsorship if formal or implied;
- 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.C. Pennsylvania Medical Amnesty Law:
Pennsylvania’s Medical Amnesty Law: If a person, in good faith, calls and believes they are the first person to call 911, police, ambulance, or campus Public Safety on behalf of the impaired or injured person, gives their name and stays with the person to prevent that person’s death or serious injury, the caller is immune from prosecution for consumption or possession of alcohol.
Student health and safety are the primary concerns of the Juniata College community. Juniata’s medical amnesty policy also ensures students that seek assistance for an intoxicated individual and others will not be subject to disciplinary action with respect to the Juniata alcohol policy. (This policy does not preclude disciplinary action regarding other violations of behavioral standards, such as: causing or threatening physical harm, sexual assault, vandalism of College property, harassment, hazing, or any other policy violations not named. Additionally, this policy does not prevent action by city, county, or state authorities.) Public Safety Officers and/or other Juniata College staff may record names of intoxicated students to enable any follow-up that may be deemed necessary to ensure students’ well-being. Other information may also be recorded to allow any other appropriate follow-up.
In order for this policy to apply, the intoxicated student(s) must agree to timely completion of recommended alcohol education activities, assessment, and/or treatment depending on the level of concern for student health and safety. Severe or repeated incidents will prompt a higher degree of medical interest. Failure to complete recommended follow-up will result in a student being referred to the student conduct process. Likewise, groups or organizations involved in an incident must agree to take recommended steps to address medical concerns.
D. Notice of Alleged Violation
When a student has been accused of violating a policy of the Code of Conduct, a hearing officer will be assigned to the incident. In the event of multiple students’ alleged involvement, the same hearing officer will work with all parties. Usually within 10 business days, the hearing officer will contact the respondents via Juniata e-mail to set up a time to meet with each of the students. At the time of this contact, the respondents will be notified of the Code of Conduct or College policy they are accused of having violated as well as the date, time, and location of the incident. Additional resources for learning more about the policies will be noted in the contact letter.
Most notices of alleged violation will contain information about a meeting that has been set up in advance between the responding student and the hearing officer. If the responding student needs to select a different meeting time, he/she must notify the hearing officer via e-mail a minimum of 24 hours prior to the meeting to reschedule.E. Administrative Hearing
This meeting is intended to be an educational discussion that allows students the opportunity to learn more about expectations of the College community and how to foster good citizenship. This meeting will also serve to gather information regarding the alleged incident. At the start of the meeting, the hearing officer will offer an explanation of the student conduct process prior to beginning conversation about the alleged incident.
All meetings are closed and private, though students are permitted to be accompanied by an advisor of their choice. The advisor, regardless of their relationship to the student (parent, attorney, faculty advisor, coach, etc.), may act only as advisor and support person and not in any other role they may play in relationship to the student.
Witnesses may be permitted if it is believed that the witness personally observed, or has direct knowledge of, information relevant to the incident. Character witnesses are prohibited. The hearing officer reserves the right to determine whether witness commentary will be permitted. Students wishing to have a witness’ statement considered must notify the hearing officer prior to the hearing, and the hearing officer will be responsible for setting up a meeting between the hearing officer and the witness. Witnesses appearing at an Administrative Hearing will be invited by the Hearing officer.
If the responding student fails to appear for a scheduled hearing and does not attempt to reschedule the meeting, the hearing officer may make a determination regarding the student’s responsibility based on the information available (including, but not limited to, incident reports, formal complaints, information presented by others involved, etc.) and may impose sanctions as a result of violations. If a student does not attend the hearing, the student forfeits his/her right to appeal the decision.F. Alternative to Administrative Hearing
In the case of first-time alleged conduct violations, the hearing officer may opt to send the responding student a letter that serves as a reminder of the College policy in lieu of a formal hearing. Within this letter, the alleged violation, date of alleged violation, time of alleged violation, location of alleged violation, and an explanation of the College policy will be presented. The responding student will be granted the opportunity to opt for a hearing, and must do so prior to the date listed in the letter, usually 5 business days. A student’s choice to not respond to the letter will be interpreted as acceptance of the written warning, and the written warning will be documented as the sanction for a finding of “responsible.”G. Determination of Responsibility
Following the Administrative Hearing, the hearing officer will take into consideration all information in the case including, but not limited to, students’ previous conduct records, conversation and statements during hearings, written complaints, incident reports, witness statements, and other relevant information. No decisions regarding any of the responding students will be made until all parties conduct meetings have concluded. After review of this information, the hearing officer will make a determination to:
- Find the accused student was not responsible for a violation of the Code of Conduct.
- Find the accused student was responsible, more likely than not, for violating the Code of Conduct.
Regardless of outcome, each responding student will be contacted via Juniata e-mail to be notified of the decision, usually within five business days.
If responsible, the hearing officer will outline relevant sanctions that a responsible student must complete. An explanation of the sanction, including a timeline for completion, will be presented.
Notes and statements recorded as a part of the student conduct meeting are the property of the College. Student conduct records are maintained for a period of seven years.
H. Conduct Sanctions
One or more of the following sanctions may be imposed upon any student for any single
violation of the Code of Conduct:
- Apology: A written or oral apology to a person or group affected by the actions of the student.
- College Service: For a student or organization to complete a specific supervised College service.
- Educational Programs: Requirement to attend and/or participate in a program related to the violation.
- Online Course: For cases involving alcohol and/or other drugs, students may be required to complete an online sanctions course provided by Juniata partner Everfi.
- Referral: Hearing officer may refer a student to counseling or another appropriate community resource.
- Warning: An official written notice that the student has violated Juniata policies and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at Juniata College.
- Restitution: Compensation for damage caused to the College or any person’s property. This could also include situations such as failure to return a 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 damaged, consumed, destroyed or stolen.
- Fines: Reasonable fines may be imposed.
- Holds: A hearing officer may issue a hold to a student’s account with the college if terms of a sanction are not completed by the stated deadline. These holds may result in a student’s inability to register for classes, apply for on-campus housing, or receive transcripts.
- Loss of Privileges: The student will be denied specified privileges for a designated period of time.
- Confiscation of Prohibited Property: Items whose presence is in violation of College policy will be confiscated and will become the property of the College. Prohibited items may be returned to the owner at the discretion of the Associate Dean of Students or designee.
- Exclusion: Student may be excluded for a definite or indefinite period of time from all or a portion of College premises, property, buildings, or residence areas, which would be specifically outlined in the sanction.
- Restriction of Visitation Privileges: May be imposed on a resident or non-resident student. The parameters of the restriction will be specified.
- No Contact Directive: Prohibits contact in any form or capacity (written, face-to-face, electronic, etc.) with a stated person or persons.
- College Probation: The student is put on official notice that, should further violations of College policies occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed at the discretion of the Associate Dean of Students.
- Social Probation: The student is deemed “not in good standing” with the College for a specified period
of time. Specific limitations or exceptions may be granted by the Associate Dean of
Students or designee. Terms of this sanction may include, but not be limited to:
- Ineligibility to hold any office in any student organization recognized by College or hold any elected or appointed leadership position at the College; or
- Ineligibility to represent the College to anyone outside the College community in any way including: participating in the student abroad program, attending conferences, or representing the College at an official function, event, or intercollegiate competition as a player, manager, or student coach, etc.
- College Suspension: Separation from the College 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. If residential, the student is required to vacate the campus within 24 hours of notification of the sanction, though this deadline may be extended at the discretion of the Associate Dean of Students. During the suspension period, the student is banned from College property, functions, events, and activities without prior written approval from the Associate Dean of Students.
- College Expulsion: Permanent separation from the College. The student is banned from College property and the student’s presence at any College-sponsored activity or event is prohibited. This action may be enforced with a no trespass action if necessary. This sanction will be noted as a Conduct Expulsion on the student’s official academic transcript.
The following sanctions may be imposed upon groups or organizations found to have violated the Code of Conduct
- One or more of the sanctions listed above; or
- Deactivation, de-recognition, loss of all privileges (including status as a College-registered group/organization), for a specified period of time. Specific instructions for reinstatement will be provided at time of sanction.
The College reserves the right to notify the parents/guardians of dependent students regarding any conduct situation, particularly alcohol, drug, and violence-related violations. The College may also notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and other drug violations. Parental notification may also be utilized discretionarily by College officials when permitted by FERPA or consent of the student.J. Notification of Outcomes
The outcome of a student conduct hearing is part of the education record of the responding student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions.
As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or nonforcible sex offense, the College will inform the party bringing the complaint in writing of the final results of a hearing regardless of whether the College concludes that a violation was committed. Such release of information may only include the responding student’s name, the violation committed, and the sanctions assigned (if applicable). In cases of sexual misconduct and other offenses covered by Title IX, the rational for the outcome will also be shared with all parties to the complaint in addition to the finding and sanction(s).
FERPA defines “crimes of violence” to include:
- Assault offenses (including stalking)
- Criminal Homicide—manslaughter by negligence
- Criminal Homicide—murder and nonnegligent manslaughter
- Destruction/damage/vandalism of property
- Forcible sex offense
- Non-forcible sex offense
All students, as members of the College community, are expected to comply with conduct sanctions within the timeframe specified by the hearing officer. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions and/or a hold being placed on the student’s account.
Appeal Review Procedures
Any party may request an appeal of the decision of the hearing officer by filing a written request to the appropriate party as outlined below within 5 business days of when the notice of outcome was delivered:
Original Hearing Officer: Appeal Officer:
Residential Life Coordinator Assigned by Dean of Student Office
Director of Public Safety
Assistant Dean of Students
Assistant Dean for Campus Life
Associate Dean of Students
Vice President for Student Life and Dean of Students
Appeals must be grounded in one of the following conditions:
- A procedural error occurred that significantly impacted the outcome of the hearing; or
- New evidence or information has emerged, that was unavailable during the original hearing, which could substantially impact the original decision or sanction. The additional material and its potential impact must be included in the written appeal; or
- The disposition or sanction is incommensurate with the violation.
The appeal officer will conduct an initial review to determine if the appeal request meets the limited grounds and was submitted in a timely manner.
If it is determined that the appeal does not meet the conditions of appeal:
- From the date of the submission of the appeal, the appeal officer will notify the student if the appeal will not be heard within 5 business days of the filing of the appeal.
- The original findings and sanction will stand and the decision is final.
If it is determined that the appeal does meet the conditions of appeal:
- The original finding and sanction are presumed to have been decided reasonably and appropriately, thus the burden is on the appealing party to show clear error.
- The appeals officer will limit the review to the grounds presented.
- For instances of appeals on procedural grounds, the appeals officer will make determinations in the case.
- For instances of appeals on grounds of new evidence or information, the appeal officer will determine if the matter should be returned to the original decision-maker for reconsideration or if it will be reviewed by the appeal officer.
- For instances where the appeal alleges that the disposition or sanction are incommensurate with the violation, the appeal officer may consult with the original decision-maker and the relevant parties before making a final determination.
- The appeal officer may arrange a meeting with parties involved in the original hearing to discuss the appeal, or may determine that there is enough information to make a determination without an additional hearing.
- On reconsideration, the appeal officer may affirm or change the findings and/or sanctions of the original hearing.
- From the date of the submission of the appeal, the appeal officer usually responds to the appeal with either a meeting request or final decision on the matter within ten business days.
- All decisions of the appeal officer are final.
All conduct records are maintained by the College for seven 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. Conduct records are accessible by third parties only with the expressed, written, consent of the student or former student, or by legal instrument such as a court-authorized subpoena.
This revised Code of Conduct was reviewed and approved by College Counsel and the
Vice President for Student Life and Dean of Students on August 5, 2019 and implemented
on August 6, 2019.
The Juniata College student Code of Conduct is adapted from The NCHERM Group Model Developmental Code of Student Conduct and is used here with permission. Thanks also to our colleagues at ASCA (the Association of Student Conduct Administrators) for consultation and guidance.