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Student Judicial System
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The principal responsibility for proper conduct rests with each student, and
as much as possible, each is encouraged to resolve conflicts of individual
rights and responsibilities him/herself. The University will become involved,
however, when a student cannot resolve a conflict him/herself; when there exists
a reasonable basis to
believe that laws have been broken; when there could be or is a potential for
personal harm or property damage; or when there exists a reasonable basis to
believe that University regulations have been violated. No sanction shall be
brought against a student accused of a violation of the Student Code of Conduct
until a judicial body has reviewed the complaint, made a decision and issued
a disciplinary sanction, except in those matters handled directly by the dean
of students or instances of a violation of the academic dishonesty handled by faculty members
in accordance with policies set forth in their syllabi and the Academic Integrity policy in this Course Catalog. Students wishing to appeal academic decisions
made by faculty members should consult the Academic Grievance Procedure section
of this Course Catalog for guidelines.
Should a student’s presence on campus create a threat to the safety
or well being of other members of The University of the Arts community, the
University reserves the right to immediately suspend that student from campus
until the time of a hearing. Additionally, the University reserves the right
to resolve a case and sanction a student, including suspension, without a hearing
where such action is deemed necessary or appropriate by the President of the
University.
The following definitions refer to The University of the Arts judicial procedures
and processes only:
- The term “University” means The University of the Arts;
- The
term “student” includes both full-time and part-time, pursuing
undergraduate or graduate studies. Persons who are not officially enrolled
for a particular term but who have a continuing relationship with the University
are considered “students”;
- The term “University official” includes
any person employed by the University or an out-sourced auxiliary service
who performs assigned administrative or professional responsibilities, including
conducting classroom activities;
- The term “Residential Life staff ” includes
resident assistants, area coordinators, and the director of residential life;
- The
term “member of the University community” includes any
person who is a student, faculty member, University official or any other
person employed by the University, including any University auxiliary service
employee and vendors;
- The term “University premises” includes
all land, buildings, facilities, and other property in the possession of,
owned, used, or controlled by the University;
- The term “University organization” means
any number of persons who have complied with the formal requirements for
University recognition/registration;
- The term “judicial body” means
any person or persons authorized to determine whether a student has violated
the Student Code of Conduct and to recommend imposition of sanctions; exercise
disciplinary action following a proper hearing. The University will exercise
this right in cases where its reputation or orderly functions as an academic
community are involved.
- The term “appellate body” means any person
or persons authorized to consider the appeal of a judicial body’s determination
that a student has violated the Student Code of Conduct or the sanctions
imposed by the judicial body.
- The term “University policy” is
defined as the written regulations of the University as found in, but not
limited to, the Student Handbook, and the Course Catalog;
- The term “hearing
officer” means
the person present during judicial hearings responsible for ensuring that
due process, as defined by the Student Handbook, is followed. The hearing
officer in Campus Standards Committee hearings is the chair.
- In all other
hearings, one individual serves as both the hearing officer and the “judicial
body.”
Jurisdiction of the University Judicial System |
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The University Judicial System will hear complaints concerning violations
of University policy or regulations whenever the conduct in question occurs
in any of the following circumstances:
- If it occurs on the campus or in any University facility;
- If it occurs
while the student who is charged was attending or participating in any University-related
activity, i.e., study abroad, field trip, social event, activity sponsored
by a recognized student organization; or
- If the conduct, whenever and wherever
it occurs, calls into question the student’s suitability as a member
of the University community. Unlawful acts of violence, violations of another’s
civil rights, hazing, the unlawful sale or possession of drugs, the unlawful
use of alcoholic beverages and crimes against persons or property are examples
of conduct that will subject a student to the judicial system regardless
of where the conduct occurs. In cases involving student behavioral problems
that occur off campus, the University reserves the right to exercise disciplinary
action following a proper hearing in cases where its reputation or orderly
functioning are in question. The fact that a student’s conduct may
also constitute a crime in violation of local, state, or federal law does
not limit the ability of the University to discipline the student for that
conduct. The University, therefore, reserves the right to submit a complaint
to the judicial system even if the same conduct is or may become the subject
of a criminal case.
Student Code of Conduct |
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Prohibited behavior at the University of the Arts includes, but is not limited
to the following:
- Violations of Academic Integrity including, but not limited to, cheating
and plagiarism;
- Non-academic dishonesty, including, but not limited to, theft,
attempted theft, possession of stolen property, forgery, and falsification
of information provided to any University official;
- Conduct which threatens
the physical or psychological health and/or safety of any person (including
the person committing the act) or the sanctity of the campus, including,
but not limited to physical or sexual assault;
- Damage to public, private,
personal or University property;
- Violation of policies as described in the
Student Handbook, the Course Catalog, the UArts Housing Contract and all
other rules governing University facilities, programs and services;
- Intentional
obstruction or disruption of teaching, research, administration, disciplinary
procedures, other University activities or activities authorized to take
place on University property;
- Disorderly conduct including acts which breach
the peace;
- Non-compliance with the directions of University or civil authorities
performing official duties, including failure to give proper identification
when requested and repeated unexcused non-attendance of classes;
- Violation
of a student’s rights or privileges and verbal or written
harassment, discrimination, abuse and/or disrespect of any person; and
- Violation
of statutes, laws, ordinances and/or regulations of the City of Philadelphia,
Commonwealth of Pennsylvania (or other states, when applicable) and the
United States of America.
Any member of the University community may initiate the judicial process against
any student for alleged violations of the Student Code of Conduct generally
within two to three months of the alleged violation(s) by submitting a complaint
in written form to the dean of students. Resident assistants and resident coordinators
initiate charges in writing through their supervisor. Charges filed by all
other members of the community must be prepared in writing and directed to
the dean of students. Alleged violations of the Student Code of Conduct generally
may be adjudicated by one of three types of judicial body on campus, depending
upon the nature and seriousness of the charges (see below for levels of violations),
the location of the event and/or the number of students involved:
- Area coordinators for Residential Life generally address
lower-level violations by residents living within their respective residence
areas;
- Professional staff members of the Division of Student Services generally
address intermediate level violations and cases involving commuter students
or multiple residents from different living areas;
- The Campus Standards Committee,
consisting of students and faculty, generally conducts hearings to address
violations of the most serious nature that have the potential to result
in University suspension or expulsion. The Committee is advised by the Dean
of Students who serves as the chair.
There are two exceptions to the above-stated procedures. With respect to non-academic
matters, exceptions to this policy may be made by the Dean of Students, at
his or her discretion. With respect to violations of academic integrity, faculty may choose
to follow policies and procedures described in their course syllabi. Anyone
with questions about the judicial process should contact the Dean of Students
at 215 -717-6617 during regular business hours.
General Judicial Procedures |
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The University judicial process shall be conducted by a judicial body according
to the following guidelines:
- All charges of misconduct shall be presented to the accused student in
written form generally between two and 15 business days after the student
has been notified.
- Hearings shall be conducted in private. Admission of any
person to the hearing shall be at the discretion of the hearing officer;
- The respondent and the complainant have the right to be accompanied throughout
the hearing by advisors of their choice selected from among members of the
University community. Only when the student is exposed to concurrent criminal
charges or civil liability may a respondent have legal counsel as an advisor.
An advisor, including legal counsel, may not speak on behalf of the respondent
or address the judicial body. The names of the advisors must be provided
to the hearing officer at least two working days prior to the hearing;
- The
respondent and the complainant may present as witnesses only those persons
with first-hand knowledge of the alleged incident or violation or others
having information which can otherwise be shown to be credible. The decision
to hear testimony from witnesses having information other than first-hand
shall be made by the judicial body;
- In hearings involving more than one accused
student, the hearing officer, at his/her discretion, may permit the hearings
concerning each student to be conducted separately;
- All procedural questions
are subject to the final decision of the hearing officer. Technical rules
of evidence and other “due process” rights
associated with courts are not applicable to the University judicial process;
- Pertinent
records, exhibits, and written statements may be accepted as evidence for
consideration by a judicial body at the discretion of the hearing officer.
Assumptions, speculations, or references to prior, unreported incidents
will not normally be permitted;
- After the hearing, the judicial body shall
determine (by majority vote in Campus Standards Committee hearings) whether
the student has violated each section of the Student Code that the student
is charged with violating. The judicial body’s decision shall be made
on the basis of whether it is more likely than not that the accused student
violated the Student Code of Conduct (preponderance of evidence);
- There shall
be a written record of all hearings before a judicial body for use by the
appellate body; a copy of this is not available to the accused or the complainant.
The record shall cite the violation(s), the decision (responsible or not
responsible), a brief statement of the facts upon which the finding is
based, and the sanction(s). Generally, there shall be no audio/visual recordings
of hearings other than those conducted by the Campus Standards Committee;
- Failure
to obey the summons of a hearing officer or failure to attend one’s
own hearing does not preclude the case from still being heard and a decision
being rendered; and
- Decisions made by a judicial body shall be final, pending
the normal appeal process. Following a hearing, the hearing officer shall
advise the accused and the complainant in writing of the decision of the
hearing and of the sanction(s) imposed, if any, within three business days
whenever possible.
Campus Standards Committee Hearing Procedures |
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- The chair shall open the hearing by introducing all parties involved
and the chair will read the complaint form;
- The complainant shall present
his/her opening statement, present his/her complaint, and call witnesses.
The respondent may question the complainant and witnesses as they appear;
- The
complainant shall at all times have the burden of proof, upon preponderance
of the evidence, that the respondent has violated the Student Code of Conduct;
- The
respondent shall present his/her opening statement, present his/her response
and call witnesses. The complainant may question the respondent and witnesses
as they appear;
- Members of the Campus Standards Committee may ask questions
of the complainant, respondent and all witnesses for the purpose of fact
finding and clarification;
- Campus Standards Committee members may call back
witnesses from either side after all original testimony has been heard
for the purpose of fact finding and clarification;
- The complainant may present
a closing statement;
- The respondent may present a closing statement;
- All parties except Campus
Standards Committee members shall be excused from the hearing room while
the Campus Standards Committee discusses the case to determine their decision
and appropriate sanction(s). Their decision will be made at the time of
the hearing unless unusual circumstances make deferment necessary; and a
majority vote of Campus Standards Committee members present is sufficient
to declare a decision and sanction(s).
- The complainant and respondent will
remain in the vicinity of the hearing during the committee’s deliberation,
unless excused by the committee;
- The complainant and respondent shall be called
back to the hearing room to be verbally informed of the decision and sanction(s),
if rendered at the time of the hearing. Any sanctions imposed are effective
immediately;
- A transcript of the hearing is made by audio tape recording.
Transcripts may not be shared with any persons not directly involved in
the hearing;
- In case of an appeal, a copy of the transcript is available to
either party upon request at cost for the transcription service.
The following sanctions, among others, may be imposed upon any student found
to have violated the Student Code of Conduct:
- Warning - A written notice to the student that he or she is violating
or has violated the Student Code of Conduct;
- Loss of Privileges - Denial or
restriction of specified privileges or use of specified facilities for
a designated period of time;
- Fines;
- Conflict Mediation;
- Restitution - Compensation for loss, damage or injury
through the payment of money or through appropriate work requirement related
to the offense;
- Referral to Support Services/Educational Programs;
- Service-work assignments
- Service to the University or other related discretionary assignments;
- Probation
- Defined as the middle status between good standing and suspension. Probation
is for a designated period of time and includes the probability of more
severe disciplinary sanctions if the student is found to be violating the
Student Code of Conduct during the probationary period;
- Mandated room reassignment
- Behavior merits immediate relocation of the student to another campus
residence;
- Living/learning contract - Disciplinary letter placing the student on
probation; this letter is signed by the student requiring him/her to satisfy
certain sanctions within a period of time;
- Failing assignment or course grade
(in the event of a violation of the academic integrity policy only). If the sanction is failure of the
course, an “F” will be given
and will appear on the transcript, the student will not be allowed to drop
the course, even within the drop period. A reason for the “F” will
not appear on the student’s transcript, except in the case of suspension
or expulsion due to violations of academic integrity;
- Persona non grata - Prohibition from a specific or all campus property
and/or activities. Violation of a persona non-grata sanction may subject
the violator to arrest for trespass;
- Suspension - Removal from classes and
other privileges or activities as a student for a designated period of time.
Suspension from the university will result in automatic “W” grades
in all classes in the semester of the suspension. A suspended individual
must turn in campus photo identification, University keys and all other University
property at the time the suspension goes into effect and are considered persona
non-grata. Conditions for readmission may be specified;
- Expulsion - Permanent
removal from classes and other privileges or activities as a student. Expelled
individuals must turn in campus card photo ID, University keys and all other
University property at the time expulsion goes into effect
More than one of the above sanctions listed may be imposed for any single
violation. Other than University expulsion, disciplinary sanctions shall
not be made part of the student’s academic transcript but shall become part
of the student’s permanent record. A student’s record is, therefore,
subject to review by those authorized to request it, such as transfer higher-education
institutions and future employers and in other cases when the student initiates
the disclosure.
The following sanctions, among others, may be imposed upon student groups
or organizations:
- “1” through “8” sanctions listed above;
- Deactivation
- Loss of privileges, including University recognition, for a specified
period of time. When a student organization engages in some act of misconduct,
the University may take action not only against the student(s) involved,
but also against the organization itself.
In certain circumstances, the Dean of Students (or his/her designee) may impose
a University or residence-area suspension pending an assessment and/or a hearing
before a judicial body. Interim suspension may be imposed to:
- help ensure the safety and well-being of members of the University community
or preservation of University property;
- help ensure the student’s own
physical or emotional safety and/or well-being;
- help prevent disruption or
interference with the normal operations of the University.
During interim suspension, students may be denied access to the residence
area and/or to
the campus (including classes) and/or all other University activities or
privileges for which the student might otherwise be eligible, as the dean
of students (or his/her designee) may determine to be appropriate.
In certain circumstances, the Dean of Students (or his/her designee) may impose
an interim residence suspension, mandated room reassignment or other restrictions
prior to a hearing before a judicial body. Whenever interim sanctions are imposed,
a hearing convenes at the earliest possible time. The interim sanction(s) may
remain in effect until a final decision has been reached, including any appropriate
appeals process.
The accused student(s) or the complainant(s) may appeal a decision made by
a judicial body. A request for an appeal must be submitted in writing to the
Dean of Students (or his/her designee) within two business days of the decision.
Generally, the Dean of Students will direct an appeal to the supervisor of
the hearing officer, who will make a final decision in the case. The Dean of
Students will generally hear appeals of residential suspensions; the President
of the University (or his/her designee) will hear the appeal of University
suspensions or expulsions. The written request for any appeal must be based
upon one or more of the following reasons, which must be specifically specified
in the
appeal:
- Violation of University judicial procedures;
- Misinterpretation of the policies
alleged to be violated;
- New evidence not reasonably available at the time
of the hearing;
- Improper or excessive sanction(s);
- Decision not supported by a preponderance of evidence.
Upon receipt of the appeal, the appellate body will do one of the following:
- Accept to hear the case at his/her discretion;
- Refuse to hear the case for
lack of sufficient reason for appeal;
- Request that another hearing be conducted;
- Investigate and amend the decision
and/or sanction.
Appeals of decisions made by the Campus Standards Committee are handled as
follows:
- The Dean of Students hears appeals of nonacademic decisions made by the
Campus Standards Committee, except in cases where the Dean is the complainant
or a witness in the matter. (In such instances, appeals will go to the President);
- The
Provost (or his/her designee) hears appeals of academic decisions made
by the Campus Standards Committee.
In appeals by the accused involving claims of improper or excessive sanctions,
decisions following appeal cannot result in more severe sanctions for the accused
student. Review of the audio transcript or other supporting materials will
be available to the appellate officer at his/her request. The decision and
sanction(s) resulting from any appeal will be sent to the respondent, complainant,
president of the University and/or persons and offices notified of the original
sanction(s).
The University of the Arts reserves the right to change and/or add to the
policies, procedures and programs described in the student handbook and will
make reasonable efforts to inform students of such changes and/or additions
as they become necessary.
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