Student Code of Conduct

Introduction and Purpose

The Elizabethtown College living-learning community affirms the values of peace, non-violence, human dignity, and social justice. These foundational values influence our high community standards for personal behavior, integrity, and social responsibility. All individuals who accept admission to Elizabethtown College are responsible for upholding the Student Code of Conduct, the Pledge of Integrity , and all other standards of the College in their own conduct and by reporting the unacceptable behavior of others.

While many College policies align with federal and Commonwealth laws, students are reminded that their personal conduct must exceed the requirements of the law to meet the standards of the Elizabethtown College community. As full community members, all students are expected to act with respect toward other persons and their property. Students will be challenged to make reflective ethical decisions and to seek just outcomes in all situations both on and off campus.

Elizabethtown College students enjoy the right to make independent decisions, to express diverse opinions, and to advocate for change with a commitment to civil discourse and human dignity. Personal behavior should never diminish the integrity or interfere with the wellbeing of the Elizabethtown College community.

The Student Code of Conduct has been developed to promote a healthy and safe environment for learning, to notify students of prohibited behavior at Elizabethtown College, and to advise them of college procedures for resolving violations of community standards and policies. When violations occur, the College can impose sanctions on individual students and campus organizations found responsible for the violations. Sanctions are intended to promote greater self-awareness and improved ethical decision making while supporting the rights of other community members. In some cases student behavior may result in temporary or permanent separation from the College.

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General Provisions

Authority

The Vice President of Student Life and Dean of Students  (referred to as VPSL in this Section) is responsible for the Student Code of Conduct and associated processes and procedures.  The VPSL has the authority to intervene at any point, as deemed necessary, to maintain the safety of individuals, to protect property, to assure continuation of the educational process and to preserve the integrity of the College. The VPSL may develop policies for the administration of the conduct system and procedural rules for resolution proceedings that are consistent with provisions of the Student Code of Conduct. In general, the VPSL shall have responsibility for ongoing management of the student conduct process. 

The VPSL shall determine which Student Conduct Administrator(s) shall be authorized to hear and decide upon outcomes for each matter. All Student Conduct Administrators are expected to participate in annual professional development and training. 

Interpretation and Revision

A question of interpretation regarding the Student Code of Conduct shall be referred to the Vice President and Dean of Students for final determination. The College reserves the right to amend the Student Handbook or other current regulations as deemed necessary for the protection of property or the general welfare of the college community. If revisions are made during the academic year, students will be notified through standard campus communications of any new rule or amendment of existing policy. The Student Code of Conduct shall be reviewed annually under the direction of theVice President of Student Life adn Dean of Students and the Student Handbook will be published on the College website prior to the start of the fall semester. Community members are encouraged to comment on the Student Code of Conduct or to make recommendations for its revision at the regular meetings of the Student Assembly.

Jurisdiction

The jurisdiction of the Elizabethtown College Student Code of Conduct and other college policies include behavior (1) that occurs on college premises, in online learning communities, or other activities via college-owned networks/servers, (2) that occurs at college-sponsored or college-supervised programs and events regardless of location, (3) that occurs off college premises when the behavior may adversely affect the Elizabethtown community or its reputation, including but not limited to violations of the Elizabethtown College Alcohol and other Drug Policy, or (4) which relates to any facet of the relationship between Elizabethtown College and the student.

The College may pursue disciplinary action against a student at the same time the student is facing criminal charges even if the criminal prosecution is pending, has been dismissed, or the charges have been reduced. The College may refer student conduct violations to law enforcement and will if a felony level violation occurs. The Student Code of Conduct shall apply where conduct occurs before classes begin, during breaks, and when student conduct is discovered after the degree is awarded.

Statement about the Elizabethtown Sexual Misconduct Policy

All formal complaints of Regulatory Quid Pro Quo Sexual Harassment, Regulatory Hostile Environment Sexual Harassment, Regulatory Sexual Assault, Regulatory Dating Violence, Regulatory Domestic Violence and Regulatory Stalking will follow process and procedure outlined in the (Title IX) Formal Complaint Process of the Elizabethtown Sexual Misconduct Policies and Procedures. Allegations of Non-Regulatory Prohibited Conduct defined in the Sexual Misconduct Policy, or discrimination based upon other protected classes, will be addressed under other Elizabethtown College policies and procedures, including other applicable discrimination policies and procedures, such as the Student Code of Conduct, Faculty Handbook, and Employee Handbook.  Notwithstanding any other provision of the Sexual Misconduct Policy and Procedures, the rights and procedures set forth in the Sexual Misconduct Policy and Procedures shall not apply to allegations of Non-Regulatory Prohibited Conduct that are addressed under other policies and procedures. 

Definitions

1. The term College means Elizabethtown College.
2. The term student includes all persons enrolled and/or matriculated at the institution, taking or auditing courses in the traditional program at the College, either full time or part time, pursuing undergraduate or graduate studies. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular period of time but who have a continuing relationship with the College are considered students. 
3. The term faculty member means any person hired by the College to conduct classroom activities.
4. The term College official includes any person employed by the College performing assigned administrative or professional responsibilities.
5. The term member of the College community includes any person who is a student, faculty member, College official, or any other person employed by the College. A person’s status in a particular situation shall be determined by the Vice President of Student Life and Dean of Students.
6. The term College premises includes all land, buildings, facilities, and other property in the possession of or owned, used, leased, operated, controlled, or supervised by the College (including adjacent streets and sidewalks).
7. The term organization means any number of persons who have complied with the formal requirements for College recognition. All student organizations must be registered with Office of Student Activities.
8. The term Student Conduct Administrator means the Vice President of Student Life or Dean of Students or designee authorized to review complaints, issue simple resolution opportunities, conduct formal resolutions, and impose sanctions upon students or organizations found to have violated the Student Code of Conduct.
9. The term Appeal Officer means a college staff or administrator who considers an appeal of a Student Conduct Administrator’s decision or of the sanctions imposed.
10. The term ―will and shall are used in the imperative sense.
11. The term ―may is used in the permissive sense.
12. The Vice President of Student Life and Dean of Students (referred to as VPSL in this handbook) is that person designated by the President of the College to be responsible for all aspects of student life and shall be responsible for the administration of the Student Code of Conduct.
13. The term policy is defined as the written regulations of the College as found in, but not limited to, the Student Handbook, the College web pages (all departments), and the College Catalog.
14. The term Complainant means any person who submits a complaint alleging that a student may have violated any portion of the Student Code of Conduct.
15. The term Respondent means any student or student organization alleged to have violated the Student Code of Conduct.
16. The term charge refers to a formal notification to a student of an alleged violation of the Student Code of Conduct.

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Amnesty Provision

Elizabethtown College is concerned about the health and safety of its students.  This provision is designed to encourage responsible engagement on the part of any student involved in or aware of any health or safety emergency including, but not limited to, alcohol or other drugs, physical violence, sexual assault or mental health.  The College recognizes student reluctance to report such emergencies in light of consequences specified in the Student Code of Conduct.  However, Elizabethtown College is committed to reducing perceived barriers to effective reporting and response to life-threatening emergencies. 

Take immediate action if you are aware of any health or safety emergency. You (and the person needing assistance) will not be subject to student conduct sanctions if you call on behalf of another student or guest, and follow the guidelines of the Amnesty Provision listed below. The critical concern for you and others involved is to seek immediate help from a qualified professional.

In the event of any health or safety emergency, students should activate the Amnesty response by:

1. Calling Campus Safety 717.361.1111 or 911.
2. Remaining with the individual(s) experiencing the emergency.
3. Participating in the emergency response by providing medical team or Campus Safety with all information essential for an effective and timely intervention. 

Amnesty may not apply to other violations of college policy associated with the incident.  For example, if the College has evidence of related physical or sexual violence, possession of “date-rape” drugs that induce incapacitation, hazing, or drug offenses beyond mere possession, Amnesty may not apply.  The College reserves the right to review the incident if the student has activated Amnesty more than one time.Students who enact the Amnesty Provision may still be required to meet with staff to discuss the incident and resources.

Students who experience a personal health or safety emergency that results in being transported to the hospital are required to meet with the Associate Dean of Students for Counseling and Health Needs for assistance in connecting with support resources.  In some situations, other student(s) involved may be contacted by the Vice President of Student Life and Dean of Students or designee. 

Any individuals who believe they have been sexually assaulted after consuming alcohol or other drugs and those who are witness to this type of assault are strongly encouraged to come forward without fear of college disciplinary action. 

In all cases, the Vice President of Student Life and Dean of Students or designee will determine the applicability of Amnesty and may refer the incident for student conduct action.

Standards of Conduct

It is the duty of all students to conduct themselves in a manner consistent with College regulations and to help others do likewise. In all instances, students are considered fully responsible for their own actions and personal well-being. Students also are encouraged to be mindful of the well-being of others. Any behavior which puts health or safety at risk or which infringes on the rights of others shall not be condoned.

Students are expected to uphold the following Standards of Conduct and all other College policies and regulations. Any student found to have committed or to have attempted to commit the following misconduct or to have violated any other College policy contained in College publications is subject to Elizabethtown College disciplinary processes and sanctions.  

Academic Misconduct: See College Catalog Academic Policies. (Appendix C)

Alcohol Policy Violation: See Alcohol and Other Drug Policy (AOD) (Appendix A) for complete description.

Bullying or Harassment – see appendix E

Bias-Related Harassment and Discrimination – see appendix P

Business Ventures – The use of college facilities, resources, or other property including computers and network servers for business purposes of any nature is prohibited. Serving as agents for business firms or engaging in business ventures that involve solicitations or the giving and receiving of goods, services, or money is strictly prohibited. Students involved in entrepreneurship through the Elizabethtown College Academic Departments or any other small initiative must petition the Vice President for Student Life and Dean of Students for an exception for business initiatives. The VPSL reserves the right to consult with Deans of Schools, the Executive Vice President for Business and Finance, and any other administrator before making a determination.

Complicity – Any effort to condone or encourage a violation of College policy. Students are expected to uphold college policies and to remove themselves from situations where college policies are being violated and report such incidents to Campus Safety. Examples of this include but are not limited to underage presence in a residence hall room with alcohol or other drugs, presence in a room violating quiet/courtesy hours, etc.

Disruptive/disorderly conduct including but not limited to:

• Infringing on the rights of other members of the College community;
• Attempting to discourage an individual’s proper participation in, or use of the student conduct system;
• Disruption, interference or obstruction of teaching, research, administrative, or disciplinary proceedings, other College processes or activities, including its public-service functions on- or off-campus, or other authorized non-College activities, when the act occurs on College premises;
• Breach of peace; or aiding abetting, or procuring another person to breach the peace (which includes not only on-campus Code of Conduct violations, but also violations of Borough noise ordinances—see Elizabethtown Borough Noise Ordinances below);
• Leading or inciting others to disrupt scheduled or normal activities or proceedings within any campus building or area. 

Drug Policy Violation—See Alcohol and Other Drug Policy (AOD) (Appendix A) for complete details.

Endangering Safety or Wellbeing of Others – including but not limited to:

• Behavior that endangers safety/health of others or threats to cause such action;
• Intentionally initiating or causing to be initiated any false warning or threat of fire or other safety emergency, interfering or tampering with safety or emergency response systems; intentional false activation of any safety alarm; failure to comply with fire safety regulations or officials during a fire safety drill or other evacuation;
• Physical assault
• Starting a fire or providing conditions where a fire is likely to occur or continue;
• Open burning including bonfires;
• Adulteration of food or beverages, the intentional placement of drugs or other illicit substances into the food or beverage to be consumed by others, and without their knowledge and consent.
• Inappropriate use of personal self-defense resources such as pepper spray.

Failure to comply or cooperate with the reasonable request or direction of a college official. Including but not limited to:

• Failure to uphold COVID-19 expectations as outlined in the Return to Campus guide and/or most up to date  expectations outlined on the Etown website;
• Failure to identify oneself to College officials when requested;
• Failure to comply with the summons of a College official;
• Failure to comply with sanction(s) imposed under the Student Code of Conduct;
• Failure to comply with interim actions;
• Failure to comply with a no-communication/no-contact directive;
• Failure to comply with emergency safety personnel acting in performance of their duties.

False Information—May include but are not limited to:

• Cheating, plagiarism, or other forms of academic dishonesty (see #1);
• Furnishing false information to any college official, faculty member, or office, including but not limited to use, possession, or provision of false identification;
• Falsification, distortion, or misrepresentation of information in any student conduct process or investigation;
• Submitting a false allegation of misconduct;
• Forgery;
• Alteration or misuse of any college document, record, or instrument of identification;
• Concealing one’s identity individually or collectively for the purpose of avoiding the consequences of illegal, irresponsible, or inconsiderate behavior;
• Surreptitious audio recording, photography, or videography, or posting of images to social media sites, etc. without expressed permission of all parties.
• Tampering with the election of any College-recognized organization.

Gambling for money or stakes representing money or for any other form or monetary reimbursement is prohibited. Student athletes should refer to NCAA regulation regarding gambling. All raffles must be approved by the Vice President of Student Life and Dean of Students and coordinated through the Business Office. No raffles may be conducted without prior approval from both offices. Organizations may conduct raffles under the following conditions:

• Raffle is conducted by a College office or recognized organization;
• Prizes are donated by an individual, firm or other organization;
• Proceeds benefit the organization or a recognized charity.

Guest Policy Violation - (Appendix D) Any and all overnight guests must be registered with and approved by Campus Safety and the Residence Life Office prior to visiting Campus. No guests under the age of 16 will be approved. Students are permitted to host guests for a maximum of three days per month each semester as long as their roommate(s) approve. Hosts and their guests must remain together at all times. Any alleged or actual policy violations will result in the guest’s emergency contact being notified and the guest being asked to leave campus. The host will be routed through the student conduct process. The college reserves the right to restrict any guests or visitors for any reason at any time.

Hazing Policy Violations –  See Policy Regarding Hazing .(Appendix F)

Housing Policy Violation –Any violation of Housing or Residence Life Policy and Procedures, including but not limited to Residency Requirements, Residency Agreement, and Residential Policies listed previously in this document. 

Lewd or indecent conduct—included but not limited to:

• Public nudity
• Public intoxication, urination, or defecation 
• Engaging in consensual sexual activity in public

Noise Policy is any activity that is at a noise level that can be heard by others (either in the hallway, next door neighbors, and/or upstairs/downstairs neighbors) and is disrupting those who hear it.

Elizabethtown Borough Noise Ordinances

Elizabethtown College students are expected to be responsible members both of the College community and of the Elizabethtown Borough community. Breaching the peace is a violation not only of college policy, but also of Elizabethtown Borough Ordinances.

It is illegal in the Borough of Elizabethtown to cause, or permit other people to cause, noise disturbances including:

• Any sound amplification system within a vehicle which can be heard at a distance of 50 feet or more from the source, 
• Any sound that is plainly audible across a property line between the hours of 9:00pm and 7:00am,
• Yelling, shouting, hooting, whistling, singing, or creating any other noise disturbance on the public streets, public spaces, or public rights-of-way which causes a noise disturbance across a property line between the hours of 9:00 pm and 7:00 am.

Each day that any violation of these ordinances takes place will be considered a separate offense. Any violation of these Borough ordinances may result in fines of no less than $50 and no more than $600 plus costs, and failure to pay the given fines and costs may result in imprisonment for up to 30 days.

  This information is current as of the time of the initial publication of the 2023-24 Student Handbook. Ordinances may be updated and amended by Borough officials  at any time. A copy of the current Borough Ordinances may be obtained upon request at the Borough Offices at 600 South Hanover Street, Elizabethtown, PA.

Retaliation – Any action by any person that is perceived as intimidating, hostile, harassing, or violent that is directed toward any Complainant, witness, or other person associated with a misconduct complaint or student conduct process. This also includes a violation of a no contact directive.

Sexual Misconduct – Non-Regulatory - Non-Regulatory Prohibited Behavior outlined in the Elizabethtown Sexual Misconduct Policy and Procedures, including the following violations as defined in said Policy:

• Non-Regulatory Quid Pro Quo Sexual Harassment
• Non-Regulatory Hostile Environment Sexual Harassment
• Non-Regulatory Sexual Assault
• Non-Regulatory Dating Violence
• Non-Regulatory Domestic Violence
• Non-Regulatory Stalking
• Sexual Exploitation
• Retaliation

Smoking is prohibited at all times in all College-owned facilities. Smoking, including use electronic/vape devices, is restricted to designated areas. 

Theft of property or resources belonging to individuals or the College; possession of stolen property; this also includes College computer and network resources as described in the Information Technology Acceptable Use Policy.

Unauthorized possession, use, or sharing of College resources including but not limited to college keys, ID cards, access codes, College electronic resources, and the unauthorized entry, presence in, or use of College premises, including entering/exiting/passing through a window or hatch.

Vandalism, damage to property – Damage to or misuse of college or other property. Incidents of institutional vandalism may be referred to law enforcement.

Violation of any College policy, rule, or regulation published in hard copy or available electronically on the College web site.

Weapons, firearms, explosive devices – This restriction includes but is not limited to: use, possession, or storage of weapons, firearms, and other dangerous articles or substances including any weapon prohibited by local, state or federal law. This may include but is not limited to nerf/water guns, air rifles, BB or pellet guns, firearms, or items resembling a firearm regardless of color or type( such as Nerf toys, paint guns, etc.), and weapons including switchblade, spring action and/or other knives longer than 3” with the exception of kitchen knives, and swords (including ceremonial or decorative swords), ammunition and shell casings, gunpowder, fireworks, explosives, or other flammable substances. Any such articles or substances will be confiscated by Campus Safety.

The following Policies are also listed and defined in the Appendices, and violations of said policies may be resolved through the Student Conduct Process:

• Appendix B - Policies and Procedures Regarding Brief Absences, Leave of Absence, and Withdrawals and other Academic Issues
• Appendix G – Policy Regarding Animals on Campus for Disability-Related Needs
• Appendix H – Grievance Procedure for Students in Cases of Alleged Discrimination on the Basis of a Disability
• Appendix I – Information Technology Acceptable Use Policy
• Appendix J – Non-Solicitation Policy
• Appendix K – Maintenance of Public Order and Demonstrations Policy
• Appendix L – Restroom Use Policy
• Appendix M – Social Media/Networks Policy
• Appendix N – Campus Speaker Policy
• Appendix O – Student Complaint Policy and Procedures
• Appendix Q – Student Athlete Sexual Misconduct Annual Disclosure Policy and Procedures
• Appendix R – Sexual Misconduct Policies and Procedures (All regulatory violations will be handled through the Title IX Process and Procedures)

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Violation of Law and College Conduct

College conduct proceedings may be instituted against a student charged with violation of a law which is also a violation of the Student Code of Conduct, for example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.

When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the Student Code of Conduct; however, the College may advise off-campus authorities of the existence of the Student Code of Conduct and related processes and of how such matters will be handled internally within the College community.

The College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. To the extent possible, students will be informed in advance of any release of information related to a criminal investigation.

Individual students, and faculty and staff members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

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Criminal Convictions and Implications for Federal Student Aid

By law, some students who have drug-related or sexual offense convictions under any federal or state law may be ineligible for federal student aid.  According to the law, if you are convicted of a drug-related offense during a period of enrollment for which you are receiving federal student aid, you may face these restrictions:

For possession of illegal drugs, you are ineligible for Federal student aid from the date of conviction (not arrest) for:

• 1 year for a first offense
• 2 years for a second offense
• Indefinitely for a third offense

For selling or conspiring to sell illegal drugs, you are ineligible for Federal student aid from the date of conviction (not arrest) for:

• 2 years for a first offense
• Indefinitely for a second offense

If a student loses federal student aid eligibility due to a drug conviction, the College will provide written notice describing the ways in which the student can regain eligibility. 

A student cannot receive a Pell Grant if the student is subject to an involuntary civil commitment following incarceration for a sexual offense (as determined under the FBI’s Uniform Crime Reporting Program).

For information about specific legal implications, please consult the U.S. Department of Education Federal Student Aid webpage.

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Student Conduct Process

Making a Report of Student Misconduct

Any member of the College community may file a report to Campus Safety, any member of the Residence Life professional staff (Area Coordinators or Director), or the Vice President for Student Life and Dean of Students. Reports should be submitted as soon as possible.

• Campus Safety, 605 South Mount Joy Street, 717.361.1264
• Public Reporting Form:  https://elizabethtown-advocate.symplicity.com/public_report/index.php/pid601929
• The ECTipline provides an option for making an anonymous report of a non-emergency.
  • Any member of the College community may also file a report by using the ECTipline (non-emergency reports only).  In case of emergency, call 911 or Campus Safety at 717.361.1111.
• Call 855.696.1899.  A representative is available 24/7.

The College reserves the right to assume the role of Complainant and to refer student misconduct to local law enforcement.

Investigation

The College may conduct an investigation or assessment to better understand the issue and/or collect additional information. This assessment may include individual or group interviews, review of college files or other relevant information. The assessment may yield sufficient information to proceed with a student conduct process. In some cases the assessment may not support a student conduct response. In either case, the Complainant will be informed of recommendations for resolution pathways.

Emergency Action

1. The Vice President of Student Life and Dean of Students or their designee may take emergency action regarding a student when immediately necessary to secure the health or safety of any persons and there is an alleged violation of the Student Conduct Code.
2. Emergency Action includes, but is not limited to:
   1. Immediate withdrawal of the student from the College;
   2. Restrictions on the student’s presence on College Premises or at College Sponsored Activities;
   3. Placing a hold on a student’s record that will prevent registration would prevent the student from obtaining an official copy of the student’s transcript.
3. The Vice President of Student Life and Dean of Students or their designee may request that the student secure a medical and psychological evaluation through the Associate Dean of Students for Counseling Services and Health Needs or at another facility at the student’s own expense. The evaluation may be used to determine the appropriateness of withdrawing the emergency action.
4. When the emergency action takes place, the Vice President of Student Life and Dean of Students or their designee will:
   1. Inform the student and Complainant, if applicable, of the reason for the emergency action;
   2. Give the student and Complainant, if applicable, the opportunity to explain why emergency action should or should not be taken;
   3. Inform the student and Complainant, if applicable, that a preliminary hearing will take place according to the procedures in this section and that the student will be informed of its time, place, and date; and
   4. Inform the student and Complainant, if applicable, of the possible restrictions that may be imposed prior to a conduct hearing.
5. The preliminary hearing shall take place within two business days of the implemented emergency action. At this hearing the student shall have a full opportunity to demonstrate to the Vice President for Student Life and Dean of Students or their designee that emergency action is not necessarily pursuant to Paragraph 1. The student may be represented by an advisor. The Vice President for Student Life and  Dean of Student or their designee will also consult with the Complainant, if applicable, who may also be represented by an advisor, during any consultation.  Based on the reasonable evaluation of the information presented at the preliminary hearing, the Vice President for Student Life and Dean of Students or their designee shall notify the student within 24 hours of the decision to:
   1. Dissolve the emergency action and take no further action;
   2. Dissolve the emergency action but proceed to a conduct hearing; or
   3. Sustain or modify the emergency action until such time as a resolution is researched following a conduct hearing.
6. An emergency action shall be reviewed by Vice President of Student Life and Dean of Students or their designee at the request of the student no sooner than the next working day after the preliminary hearing. The review shall provide an opportunity for the student to explain why an emergency action need no longer be imposed. Subsequent review of the same emergency action may be requested no more frequently than every ten days.
7. If emergency restrictions on a student’s housing or enrollment are removed, the student will not be assessed any fees for reinstatement.

Student Rights in the Conduct Process

Students have the following basic rights when accused of violating policies outlined in the Code of Conduct:

1. The right to know of what they’re being accused
2. The right to know who is accusing them (in most cases this may be the College)
3. The right to be heard in a fair process
4. The right to an appeal upon the presence of certain criteria

Steps for Resolution

Mediation or Restorative Resolution may be used if the involved students and Student Conduct Administrator agree that this resolution option is reasonable and appropriate. A mediator or conference facilitator will be assigned by the Vice President for Student Life and Dean of Students. Parties of mediation or restorative resolution will be expected to honor the outcome(s) of the process. Documentation of the process will be placed in the student’s confidential file. If the matter cannot be resolved by mutual agreement, or parties do not comply with the outcome, the matter may be referred for a Formal Resolution. 

Simple Resolution is a formal written warning for minor violations of the Student Code of Conduct. The Office of Student Rights and Responsibilities assesses relevant documents and determines the student is responsible for a violation of the Student Code of Conduct. The Respondent receives notification of policy violations(s) along with a formal warning. If a Respondent agrees with the assessment, accepts responsibility for the violation(s) and agrees with the formal warning a record of the Simple Resolution will be maintained in the case file along with any supporting information. If a Respondent does not agree with a Simple Resolution outcome, the Respondent has five (5) business days to request a Formal Resolution.

Formal Resolution is an interactive response to a violation of the Student Code of Conduct. A Formal Resolution procedure will be followed when the Vice President for Student Life and Dean of Students (VPSL) determines a Formal Resolution is necessary. 

• The VPSL or other Student Conduct Administrator (designee) will review all relevant information including investigative notes and witness statements and send written notification to the Respondent(s) listing the alleged violations and how to schedule a formal resolution meeting.
• Respondents will have seven (7) calendar days to schedule their Formal Resolution meeting with the Student Conduct Administrator assigned to the case. Formal Resolution meeting dates and times may be changed or expedited by the VPSL or designee when there is concern for the health and safety of college community members, a concern for property, or when additional information is being gathered.  
• If a Respondent fails to appear for the meeting, the process will continue and the information in support of the allegations will be considered in order to determine whether or not the Respondent has violated the Student Code of Conduct. 
• The Formal Resolution meeting will be conducted by the Student Conduct Administrator in a confidential setting.
• The process shall be prompt, fair and impartial through to resolution. 
• The Vice President for Student Life typically reviews cases that may result in separation from the College and may assign a conduct panel to hear the case. 
• During the Formal Resolution meeting, the Student Conduct Administrator meets individually with the Respondent(s) to present an overview of the allegations. The alleged violations are explained as well as the range of possible and reasonable sanctions. During this meeting, the Respondent has the opportunity to provide their perspective. The Complainant (if not the College) may be asked to participate in the hearing process as a witness. In such cases, the Respondent may ask questions of the Complainant through the Student Conduct Administrator. Pertinent information, witness lists, or written witness statements may be accepted by the Student Conduct Administrator for consideration.
• Both the Complainant and the Respondent have the right to request witnesses. However, such requests must be sent no less than 24 hours in advance of the hearing date and time, and the Student Conduct Administrator determines whether or not a witness may be relevant to the case. Hearing processes cannot be stalled due to witness schedules.
• All procedural questions are subject to the final decision of the Vice President for Student Life and Dean of Students, who has the authority to intervene at any point in the student conduct process, including the Formal Resolution, to protect the safety or well-being of individuals and the campus community or the integrity of the College and its administrative processes. 
• Conduct Advisors - During the individual Formal Resolution meetings, the Complainant and the Respondent(s) have the right to be supported by any conduct advisor they choose who is a member of the College community, unless the community member is also a Respondent or witness in the case being considered, or if the College identifies any conflict of interest. Parents/guardians may not support Respondents or Complainants. Conduct Advisors are there to provide emotional support to a party. They cannot speak, respond, take notes, record, or otherwise participate in the meeting. Delays will not normally be allowed due to the scheduling conflicts of a conduct advisor. If a conduct advisor disrupts the Formal Resolution meeting, they may be asked to remain silent, leave the room, or the Formal Resolution meeting may be rescheduled without that conduct advisor in attendance. Students must identify the conduct advisor to the Student Conduct Administrator a minimum of 24 hours before the Formal Resolution meeting. 

Determining Responsibility

At the conclusion of the Formal Resolution process, the Student Conduct Administrator, shall determine whether the Respondent has violated the Student Code of Conduct. The determination shall be based on preponderance of evidence, that is, whether the facts in the case were enough to establish that a violation of the Student Code of Conduct more likely than not occurred. Formal rules of process, procedure, or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code of Conduct proceedings. The Respondent is notified in writing of the outcome.

No student may be found to have violated the Student Code of Conduct solely because the student failed to appear for the Formal Resolution meeting. In all cases, the evidence in support of the complaint shall be presented and considered in order to determine whether or not the student has violated the Student Code of Conduct.

Decisions made by the administrative conduct officer shall be final, pending the normal appeal process.

Recordkeeping

There shall be a single record, which could include such items as notes or audio recording, of all Formal Resolutions. The record shall remain the property of the College. The record shall be maintained for seven (7) years.

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 Sanctions

 Sanctions are designed to educate students and guide future decision-making. If a student is found responsible for a violation of college policy, sanctions may be assigned. Appropriate and reasonable sanctions will be based on current and previous violations. Common sanctions are detailed below; however, student conduct administrators may recommend and assign alternative sanctions. More than one sanction may be imposed for a single violation. Students are required to complete sanctions; failure to comply may result in additional disciplinary action or the activation of a “Dean of Students/Student Conduct Hold” on the student’s account. Sanctions may be imposed upon groups or organizations as well as individual students.

Status Sanctions

Status sanctions pertain to a student’s relationship with the college and provide a form of consistency for the College in responding to acts of misconduct.  One or more of these is usually issued when a student has been found responsible for violating the Code.

• Formal Warning is a written notice to the student that he/she has violated college policy and that continued behavior may lead to more significant disciplinary action.
• Disciplinary Notice is a written notice to the student that rises above a warning and carries additional educational sanctions and/or notifications. A student on Disciplinary Notice should be aware that subsequent violations of the Student Code of Conduct may jeopardize the student’s good standing with the College.
• Disciplinary Probation is a period of time (which maybe indefinite) during which a student is under warning that any violation of college policy may result in suspension. Disciplinary probation may also prohibit a student from participating in certain college act ivies or programs, as it is considered notice that the student is not in good standing due to their behavior.  This sanction is not reflected on the academic transcript.
• Disciplinary Suspension is a defined period of time during which a student is not permitted to engage in any of the privileges, courses, organizations, events, or activities associated with being a student at Elizabethtown College. During the period of suspension, a Student Conduct hold designating such will be placed on the student’s account and transcript prohibiting registration, enrollment, attendance, or ability to earn credit for any credit or noncredit courses offered by Elizabethtown College. This also prohibits receipt of a degree or certificate from Elizabethtown College during this time. This suspension may not prevent a student from attending another college or university. Once the period of suspension has been completed, the hold will be lifted from the student account, provided the student has completed any other requirements required prior to return. During the period of suspension, the student is also banned from College property unless otherwise stated.  The suspended student will receive a “WF” in all current courses; the “WF” notation will appear on the student’s permanent transcript. Disciplinary Suspension will be noted on the student’s transcript through the length of the suspension period. In some cases, in order to allow the student to complete the current semester, disciplinary suspension may be deferred to begin the following semester. Special conditions may apply during a deferred suspension. The College will not accept transfer credits earned at another institution during a period of disciplinary suspension. At the conclusion of the suspension period, the student must petition the Vice President for Student Life in writing for permission to return to the College. The VP for Student Life may require a personal meeting to determine eligibility; return following a disciplinary suspension is not automatic as special conditions or considerations imposed by the Student Conduct Administrator may apply. Approval for re-entry must be secured three weeks prior to the start of the new semester. Students who receive a sanction of disciplinary suspension will permanently forfeit their merit scholarship (if applicable).  The merit scholarship will not be reinstated, even if the student is eligible to return after the suspension period has ended. The record of disciplinary suspension is maintained in the student’s confidential file for seven years. Parents/guardians, coaches, academic advisors, some academic programs and co-curricular program advisors may be notified of the student’s status.
• • Disciplinary Suspension for One Semester – Unless a deferral has been issued, the length of suspension will be for one semester in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of the next traditional fall or spring term.   
  • Disciplinary Suspension for Two Semesters – Unless a deferral has been issued, the length of suspension will be for two semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of two traditional semesters.
  • Disciplinary Suspension for Three Semesters – Unless a deferral has been issued, the length of suspension will be for three semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of three traditional semesters.  
  • Disciplinary Suspension for Four Semesters – Unless a deferral has been issued, the length of suspension will be for four semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of four traditional semesters.  
  • Disciplinary Suspension for Five Semesters – Unless a deferral has been issued, the length of suspension will be for five semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of five traditional semesters.  
  • Disciplinary Suspension for Six Semesters – Unless a deferral has been issued, the length of suspension will be for six semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of two traditional semesters.  
  • Disciplinary Suspension for Longer Than Six Semesters – A Disciplinary Suspension for Longer than six semesters should be a special circumstance, and will be indicated by specific dates.
• Disciplinary Expulsion is a defined period of time during which a student is not permitted to engage in any of the privileges, courses, organizations, events, or activities associated with being a student at Elizabethtown College. During the period of suspension, a Dean of Students hold designating such will be placed on the student’s account and transcript prohibiting registration, enrollment, attendance, or ability to earn credit for any credit or noncredit courses offered by Elizabethtown College. This also prohibits receipt of a degree or certificate from Elizabethtown College during this time. This suspension may not prevent a student from attending another college or university. Once the period of suspension has been completed, the hold will be lifted from the student account, provided the student has completed any other requirements required prior to return. During the period of suspension, the student is also banned from College property unless otherwise stated.  The suspended student will receive a “WF” in all current courses; the “WF” notation will appear on the student’s permanent transcript. Disciplinary Suspension will be noted on the student’s transcript through the length of the suspension period. In some cases, in order to allow the student to complete the current semester, disciplinary suspension may be deferred to begin the following semester. Special conditions may apply during a deferred suspension. The College will not accept transfer credits earned at another institution during a period of disciplinary suspension. At the conclusion of the suspension period, the student must petition the Dean of Students in writing for permission to return to the College. The Dean of Students may require a personal meeting to determine eligibility; return following a disciplinary suspension is not automatic as special conditions or considerations imposed by the Student Conduct Administrator may apply. Approval for re-entry must be secured three weeks prior to the start of the new semester. Students who receive a sanction of disciplinary suspension will permanently forfeit their merit scholarship (if applicable).  The merit scholarship will not be reinstated, even if the student is eligible to return after the suspension period has ended. The record of disciplinary suspension is maintained in the student’s confidential file for seven (7) years. Parents/guardians, coaches, academic advisors, some academic programs and co-curricular program advisors may be notified of the student’s status. Disciplinary Suspension length of time will be sanctioned in one of the following ways:
  • Disciplinary Suspension for One Semester – Unless a deferral has been issued, the length of suspension will be for one semester in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of the next traditional fall or spring term.   
  • Disciplinary Suspension for Two Semesters – Unless a deferral has been issued, the length of suspension will be for two semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of two traditional semesters.
  • Disciplinary Suspension for Three Semesters – Unless a deferral has been issued, the length of suspension will be for three semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of three traditional semesters.  
  • Disciplinary Suspension for Four Semesters – Unless a deferral has been issued, the length of suspension will be for four semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of four traditional semesters.  
  • Disciplinary Suspension for Five Semesters – Unless a deferral has been issued, the length of suspension will be for five semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of five traditional semesters.  
  • Disciplinary Suspension for Six Semesters – Unless a deferral has been issued, the length of suspension will be for six semesters in addition to the remainder of the semester in which the sanction is implemented. A Semester is defined as the traditional fall or traditional spring term. Unless a deferral has been issued, a student under suspension is unable to enroll in courses between the date the suspension is issued and the end of two traditional semesters.  
  • Disciplinary Suspension for Longer Than Six Semesters – A Disciplinary Suspension for Longer than six semesters should be a special circumstance, and will be indicated by specific dates.
• Disciplinary Expulsion is a written notice to the student that the student is permanently separated from the College for disciplinary reasons.  An individual who has been expelled from the College is not permitted on campus for any reason without permission of the Vice President for Student Life and Dean of Students. Disciplinary Expulsion is recorded on the student’s permanent transcript; the expelled student will receive a “WF” in all current courses as noted on the student’s permanent transcript. Documents supporting the student conduct decision are maintained in the student’s confidential file indefinitely. Parents/guardians, coaches, academic advisors, some academic programs and co-curricular program advisors may be notified of the student’s status. 

Educational Sanctions:

Educational sanctions may be imposed that are designed to maximize the learning of a specific student.  These sanctions take into account the student’s learning style and stage of development, as well as unique factors of a give situation.  This list is not exhaustive.

• Advisor Notification/Conference is notice to the student’s academic advisor, international student advisor or other program advisor. The advisor will be notified that the student has been found responsible for a violation of the Student Code of Conduct, and the student may be required to meet with the advisor.
• Alcohol/Drug Assessment requires student to complete an alcohol or other drug (AOD) assessment with a college staff counselor.  The cost of an on-campus AOD assessment is $100 and requires two sessions. The student is responsible for the cost of the assessment and must provide evidence of successful completion.
• Athletic Director Notification/Conference is notice to the Department of Athletics. The Athletic Director will be notified that the student athlete has been found responsible for a violation of the Student Code of Conduct and the student athlete may be required to meet with the Athletic Director.
• BASICS – (Brief Alcohol Screening & Intervention of College Students) –Student will meet with a staff counselor to examine alcohol or other drug use in a judgment-free two-session process. Fee is $80.
• College Employer Notification/Conference informs the student’s college employment supervisor that the student is responsible for a violation of the Student Code of Conduct; the student may be required to meet with the supervisor.
• Community Service requires the student to complete a service project in the College community, surrounding community, or student’s home community.
• Educational Project requires the student to review an article or video, write a paper, complete a project, etc. at the discretion of the Student Conduct Administrator.
• Education requires the student to participate in an educational session facilitated by a professional.  Student is responsible for the cost of the educational program and must provide evidence of successful completion.
• Fees or Fines may be imposed in conjunction with any sanction at the discretion of the Student Conduct Administrator.
• Group Deactivation includes removal of College recognition and funding for a specified period of time.
• Letter of Apology requires student to explain decisions and to apologize for misconduct to members of the community.
• Loss of Privileges restricts participation in particular activities/programs or campus events. Denial of privileges may include, but is not limited to, ability to represent the College in any way, use of facilities, participation in co-curricular activities, holding a leadership position, housing lottery privileges and housing privileges including break housing. Loss of privileges may also apply to groups, athletic teams, clubs and organizations.
• No Communication/No Contact restricts the student from any contact, whether in person, electronic, or via third parties, with one or more students.
• Other appropriate sanctions that do not fall within the scope of the items listed in this section.
• Parent /Guardian Notification alerts student found responsible for a Student Code of Conduct violation that parent/guardian will be notified.
• Residential Expulsion results in student being permanently removed from college housing.
• Residential Relocation results in a student being administratively moved to a different on-campus residence.
• Residential Restriction results in restricted access to certain college housing buildings.
• Residential Suspension requires the student to terminate occupancy of on-campus residence for a specified period of time. Restricted access to residence halls during the period of suspension may also be involved. The Vice President for Student Life and Dean of Students or the Director of Residence Life may require a personal meeting to determine eligibility; return following a residential suspension is not automatic. Approval for re-entry into residential housing must be secured three weeks prior to the start of the new semester.
• Restitution requires student to make compensation for loss or damage to college property. This may take the form of appropriate service and/or monetary or material replacement.
• Student Life Conference requires the student to meet with the Vice President for Student Life and Dean of Students or other student life administrator.
• Student Conduct Hold blocks the student from registering for classes until expectations found in a sanction letter are satisfied.

Notations on the Student’s Permanent Transcript and Confidential File

Every student has (1) a permanent transcript maintained as part of each student’s academic record by the Office of Registration and Records and (2) a separate confidential file maintained in the Dean of Student’s Office. 

• The permanent transcript is part of the student’s official academic record. 

• The confidential file contains documents related to student conduct violations and outcomes and may include notes from personal interactions with college personnel.

The College routinely expunges the student confidential file seven years after the student’s graduation, withdrawal, suspension or expulsion. An individual record of a student conduct violation maintained in a student’s confidential file may be expunged seven years after the date of the violation upon request of the student.

Disciplinary expulsion is noted on the student’s permanent transcript.

Disciplinary suspension is not formally indicated on the permanent transcript; however, the student receives a “WF” for each enrolled course in the semester when the suspension sanction was imposed.  The grade “WF” is noted on the permanent transcript.

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Appeal Process

A student found responsible of a violation of the Student Code of Conduct may appeal a Formal Resolution decision or sanction(s) in writing via the link in the student’s decision letter within five (5) calendar days of the time of written notification of the decision. Decisions rendered by the conduct officer shall be final until an appeal outcome has been determined.  An appeal may be assigned to a specific appeal officer to avoid a conflict of interest or to expedite a review. The Vice President for Student Life and Dean of Students will assign the appeal cases to an appeal officer, prepare relevant documents for the review, and conduct a preliminary meeting with the appeal officer to define the scope of the appeal. 

Disciplinary sanctions generally are stayed pending appeal, unless the Vice President for Student Life and Dean of Students determines that sanctions should be immediately implemented because the underlying offense involved serious harm to another person or the student otherwise presents a continuing risk of harm or disruption to the community. 

An appeal must be based on one or more of the following reasons; the appeal officer may decide not to consider an appeal if sufficient grounds have not been articulated for an appeal. 

1. There are new facts, unavailable at the time of the Formal Resolution meeting that could reasonably be expected to change the original decision. The student must outline the source of new information, the name(s) of the individual(s) who can present this information, the reason(s) why this information was not available at the time of the Formal Resolution meeting, and the reason(s) why this information may contribute to a different decision.
2. There was a substantial violation of the student conduct procedures that may change the original decision. The student must include a citation of specific procedural error, the reason(s) why the procedural error was not mentioned in the Formal Resolution meeting, and how the correction of the error can contribute to a different decision.
3. The sanction imposed is substantively disproportionate to the violation. The student must include specific information about why the sanction is deemed substantively disproportionate.

The appeal must articulate, with specificity, which of the  above reasons forms the basis of the appeal.  The College will not consider any of the above reasons that is not specifically raised and discussed in the appeal. An appeal will be considered by an appeal officer. The scope of the appeal will be limited to one or more grounds outlined above. The appeal is not a new review of the original student conduct decision. The appeal officer gives deference to the student conduct administrator’s original decision. Appeal officers will be trained and knowledgeable about the student conduct process. 

In most cases, the appeal will be completed within ten (10) business days after the receipt of the appeal letter. There are conditions by which the College may deem it necessary to either expedite or postpone an appeal. If this occurs, there will be a written communication to the Respondent.

The Appeal Officer Will:

• Review the record only. The record will normally consist of any Formal Resolution documents and materials, and the decision letter. In some cases, the review may include any relevant new information presented by the student.
• Provide a final written decision and explanation to the VPSL generally within ten (10) business days after receipt of appeal letter. Some cases may require additional time.

The Appeal Officer May:

• Determine the appeal is without merit and uphold the original decision and sanction(s).
• Determine that new and relevant information presented in the appeal could reasonably alter the underlying outcome. In this situation, the Appeal Officer will return the case to the original Student Conduct Administrator and ask for consideration of the information and request final determination based on new information. The College reserves the right to seek a competent, trained, outside party to reach a final determination. 
• Determine a procedural error was made that likely materially impacted the outcome of the original decision. In this situation, the Appeal Officer will refer the case to the Vice President for Student Life and Dean of Students who may take steps necessary to resolve the complaint or may seek a competent, trained, outside party to reach a final determination or determine the sanction(s) should be reconsidered. In this case, the Appeal Officer will refer the appeal to the Vice President for Student Life and Dean of Students for the sole purpose of final sanctioning. See previous section on Sanctions.

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