Student Handbook

Student Rights & Responsibilities

DISCIPLINARY PROCESS AND STUDENT RIGHTS

In all situations, York College will invoke judicial procedural fair play. Listed below are the rights of a student accused of a policy violation:

The student has the right to be informed of the nature of the accusation against him/her.
The student has the right to refute the charges and that there be a provision for such.
The student has the right to request an appeal of the decision based upon the circumstances listed under item 4 in the section below.

JUDICIAL HEARING PROCESS
When students are accused of a violation of the code of conduct, they are guaranteed the right to a fair hearing during the disciplinary process, and if found in violation, will be subject to disciplinary action. The object of these procedures is to enable the student and the College to have a reasonable opportunity to obtain facts, assess the situation, and take necessary and appropriate action. The following procedures are established for the direction of all bodies conducting formal hearing on disciplinary matters:

The student is formally charged with a violation of College regulations, rules, and/or policies via notification in writing of how the alleged violation came to the official's attention and the time and place of the hearing (if applicable). The student will have an Administrative Hearing, or appear before the Administrative or Student Judicial Board.
1. The Administrative Judicial Boards are appointed by the Dean of Student Affairs. The Boards are comprised of Student Affairs administrators and College staff (including student staff) from the relevant departments.
2. The Student Judicial Boards are comprised of five or more students that have been selected by the relevant department or council, i.e., Residence Life Office, Greek Council, etc.
3. The Administrative Hearing is conducted by one administrator from Student Affairs who is appointed by the Dean of Student Affairs or Assistant Director of Residence Life for Judicial Affairs.
The student is allowed to appear in person to present his or her testimony, call witnesses on his or her behalf, and/or hear all witnesses present.
1. Witnesses are those individuals present at the time of the incident and are not considered individuals who serve only as character references.
2. The student is also permitted to have an advisor present who must be a student, faculty and/or staff member of York College. This individual cannot speak for, or in place of, the student.
3. Consistent with the philosophy of the discipline process being an educational and not a legal process, attorneys, or members of the Bar Association are not permitted to attend.
4. Parents are not permitted to attend a disciplinary meeting, except at the discretion of the Hearing Officer.
5. No recording devices are permitted during the hearing process.
6. Notes are taken and a summary of proceedings with decision and/or sanction is provided for the appropriate participants.
Once all evidence, testimony and witnesses have been heard, the hearing officer or Board will deliberate and determine whether the student is responsible for a policy violation. York College uses the standard of reasonable conclusion when making its judicial decisions.
Following the hearing and determination of the outcome, a sanction will be issued if appropriate. The student has the right to hear a summary of testimony and evidence. Questions may be addressed to the hearing officer or the board chairman.
The student has the right to request an appeal of the decision to the Director of Residence Life, Dean of Student Affairs (or to the President if the Dean has been involved in the hearing proceedings). Such an appeal must be in writing and must be submitted within 48 hours of the time the sanction was issued. Any appeal must be based on one or more of the following grounds (the justification for which must be clearly outlined in the letter of appeal).
1. Prejudicial departure from the procedures outlined.
2. Substantial new evidence or testimony not heard.
3. The sanction deviates from the guidelines provided and is unduly harsh or inappropriate.

DISCIPLINARY SANCTIONS
The College reserves the right to impose sanctions, up to and including expulsion from the College, if the student has engaged in activity in violation of the institutional regulations and objectives of the College. Sanctions imposed may include one or more of, but are not limited to, those listed below. Copies of all sanction notices are maintained by the Offices of Residence Life/Judicial Affairs and the Dean of Student Affairs.

Official Warning - An Official Warning is a statement by a College official documenting a violation of the Code of Conduct by a student and the discussion regarding that violation. The student is warned that further violations may result in more serious disciplinary action.
Fines/Community Restitution - This sanction requires that students who are found in violation of certain policies pay a monetary fine, or bear responsibility for some form of community restitution (financial or otherwise).
Educational Tasks - This sanction requires that the student complete an assigned task with the purpose of educating the student about the implications, effects, or dangers of their behavior.
Disciplinary Probation - This sanction applies to more serious or repeat violations of the Code of Conduct. Disciplinary Probation carries with it a specified probationary period during which the student may be restricted from the specified College privileges and given specific probationary assignments, i.e., campus/community work detail, participation in educational programs, and/or other projects. Details of Disciplinary Probation are outlined on a "probationary contract" or letter of probation from the College official issuing the determination. The specific requirements of each student's Disciplinary Probation depend upon the case and the recommendations of Resident Staff, Department of Public Safety, the Administrative Judicial Board, Hearing Officer or the Dean, as appropriate. If the student is found to be in further violation of the College code of conduct or in violation of the terms of the probationary contract, he or she will face eviction from College residence or suspension from the College.
Eviction From College Residence - Upon rendering of a decision to evict a student from College residence, the student is required to completely vacate the residence by a specified time and date. After the student has vacated the residence facility they are no longer permitted to enter any York College residence facility. Further violations may result in more serious disciplinary action, including suspension or expulsion. The student may receive assistance in identifying available alternative housing but housing costs and fees are not refunded.
Disciplinary Suspension - Suspension for disciplinary purposes involves a forced, temporary separation of a student from the College. All parties are notified in writing of the period of suspension. During the suspension period the student is not permitted to enter the campus of York College for any reason without prior approval from the Dean of Student Affairs, Director of Residence Life, Coordinator for Judicial Affairs or other designee. At the end of the period of suspension, the student is eligible to reapply through the Admissions Office, but must first request a Disciplinary Review with the Dean of Student Affairs. After this review a decision will be made whether or not the student is eligible to return to the College. Tuition, housing costs, and fees are not refunded, but meal plans may be refunded at a prorated amount.
Interim Suspension - The Dean of Student Affairs, with the approval of the President, has the authority to issue an Interim Suspension. The Interim Suspension can be issued when the Dean and staff feel that a student presents a significant danger or risk to persons or property. Students accused of incidents of a dangerous/serious nature may be considered for this kind of suspension. The Administrative Judicial Board will conduct a hearing within ten (10) days of the Interim Suspension. The Student Affairs office will schedule such hearings so that these cases can be properly reviewed and attention given to the judicial procedures necessary. If, in the judgment of the Administrative Judicial Board, the student is found not in violation, the student will be given the right to make up any academic work missed as a result of the Interim Suspension.
Disciplinary Expulsion - Expulsion is a permanent separation of a student from the College. A student who is expelled for disciplinary reasons may not reapply for admission to the College. Administrative procedures, guidelines, and notification are identical to suspension.

STUDENT RECORDS

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records. These rights are listed below:

Students have the right to inspect and review their educational records within 45 days of the day the College receives a request for access.
- Students should submit to the Director of Records written requests that identify the record(s) they wish to inspect. The Director of Records will make arrangements for access and notify the student of the time and place where the records may be inspected.
- If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- A nominal fee may be assessed for copies of student records requested.
Students have the right to request the amendment of their education records that they believe are inaccurate or misleading.
- Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write the College official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
- If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
Students have the right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.
- One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including Security personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
- A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
- Parental rights of access to educational records depend on the student's financial status, either dependent or independent. If the adult student is financially independent, parents have no right of access without the student's consent. If, however, the student is a financial dependent, a parent/ guardian's request for educational records is honored by York College.
- It is the student's responsibility to clarify and document his/her financial status and acknowledge acceptance of the College's disclosure policy upon admission and to update such information via the Records Office.
- Directory information is distributed without prior consent of the student. Directory information is defined as a student's name, address, telephone number, email address, date of birth, major field of study, dates of attendance, class year and degree, and awards received. However, students who do not wish such information to be released or made public may inform the Admissions Office, if a new student, or the Records Office, if a returning student, in writing by September 1 for the fall semester or January 15 for the spring semester.
- For further information on circumstances for release of records, and disclosure of information in College records, see below.
Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by York College of Pennsylvania to comply with the requirements of FERPA. The address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4605

CONFIDENTIALITY
All personally identifiable information related to particular students used to make decisions about students or for transmittal to others outside the College other than directory information as defined above is considered confidential information. This information includes, but is not necessarily limited to: academic evaluations, disciplinary records, financial aid records, letters of recommendation, health or medical records, counseling records, advising records, transcripts, test scores, social security number, employment records, and other academic records. Note: Confidential letters of recommendation are those to which students have waived access.

Third parties do not have access to confidential records without the written consent of the student specifying the records to be released and to whom the records are to be released. Exceptions to this restriction are:

Parental rights of access to educational records depend on the student's financial status, either dependent or independent as defined above.
College employees who require access on an internal need-to-know basis for legitimate educational purposes.
Records released pursuant to judicial order.
Records released in connection with the student's application for or receipt of financial aid.

York College of Pennsylvania's Counseling Services are confidential and in accordance with the
American Counseling Association's Code of Ethics. Except as provided above, no information will be released to any person without the student's written permission.

PARENTAL NOTIFICATION OF STUDENT RECORDS AND COLLEGE MATTERS
Parents or legal guardians of financially dependent students will be notified by the Academic Affairs office/College officials, when their son or daughter has been issued two or more warning grades at midterm. Professors are not required to issue warning grades, and some do not. A copy of the final grades will be sent to the designated parent(s)/guardian(s) in addition to the report sent to the student.
Parents or legal guardians of financially dependent students will be notified by the Student Affairs Office/College officials when their son or daughter has been responsible for a violation of the College's student code of conduct. Students and parents are encouraged to discuss these disciplinary matters to assist in the attainment of behavioral improvement.

SEARCH AND SEIZURE

The following procedures constitute guidelines for College officials when conducting searches of student residence hall rooms:

All non-consensual residence hall searches (where a student does not consent to having his or her room searched) need to be approved by one of the following college officials: Dean of Student Affairs, Director of Residence Life, Director of Public Safety or his designee.
A student's room may be searched if a Student Affairs, Residence Life, or Public Safety staff member or other appropriate College official suspects a policy violation to have occurred, or is in the process of occurring. Appropriate law enforcement agencies may be contacted if deemed necessary. A search may also be approved when a college official believes that a student's welfare may be in question.
In conducting the search, the designated Residence Life, Student Affairs, or Public Safety staff member shall try to have the occupants of the room present. If present, the occupants shall
be informed of the reason for the search, by whom the search was approved, the materials to be seized, and that any material found may be used against them in campus disciplinary hearings.
All illegal materials seized in the search shall be turned over to Public Safety for storage and/or disposal. If the illegal material is not owned by the student charged, the College will attempt to determine to whom the property belongs.
All items and materials discovered that violate the College's housing contract will be seized and inventoried by the Residence Life or Student Affairs staff. If Residence Life is not present, all materials found shall be inventoried and turned over to the Residence Life Office.

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	Student Handbook Student Rights & Responsibilities DISCIPLINARY PROCESS AND STUDENT RIGHTS In all situations, York College will invoke judicial procedural fair play. Listed below are the rights of a student accused of a policy violation: The student has the right to be informed of the nature of the accusation against him/her. The student has the right to refute the charges and that there be a provision for such. The student has the right to request an appeal of the decision based upon the circumstances listed under item 4 in the section below. JUDICIAL HEARING PROCESS When students are accused of a violation of the code of conduct, they are guaranteed the right to a fair hearing during the disciplinary process, and if found in violation, will be subject to disciplinary action. The object of these procedures is to enable the student and the College to have a reasonable opportunity to obtain facts, assess the situation, and take necessary and appropriate action. The following procedures are established for the direction of all bodies conducting formal hearing on disciplinary matters: The student is formally charged with a violation of College regulations, rules, and/or policies via notification in writing of how the alleged violation came to the official's attention and the time and place of the hearing (if applicable). The student will have an Administrative Hearing, or appear before the Administrative or Student Judicial Board. The Administrative Judicial Boards are appointed by the Dean of Student Affairs. The Boards are comprised of Student Affairs administrators and College staff (including student staff) from the relevant departments. The Student Judicial Boards are comprised of five or more students that have been selected by the relevant department or council, i.e., Residence Life Office, Greek Council, etc. The Administrative Hearing is conducted by one administrator from Student Affairs who is appointed by the Dean of Student Affairs or Assistant Director of Residence Life for Judicial Affairs. The student is allowed to appear in person to present his or her testimony, call witnesses on his or her behalf, and/or hear all witnesses present. Witnesses are those individuals present at the time of the incident and are not considered individuals who serve only as character references. The student is also permitted to have an advisor present who must be a student, faculty and/or staff member of York College. This individual cannot speak for, or in place of, the student. Consistent with the philosophy of the discipline process being an educational and not a legal process, attorneys, or members of the Bar Association are not permitted to attend. Parents are not permitted to attend a disciplinary meeting, except at the discretion of the Hearing Officer. No recording devices are permitted during the hearing process. Notes are taken and a summary of proceedings with decision and/or sanction is provided for the appropriate participants. Once all evidence, testimony and witnesses have been heard, the hearing officer or Board will deliberate and determine whether the student is responsible for a policy violation. York College uses the standard of reasonable conclusion when making its judicial decisions. Following the hearing and determination of the outcome, a sanction will be issued if appropriate. The student has the right to hear a summary of testimony and evidence. Questions may be addressed to the hearing officer or the board chairman. The student has the right to request an appeal of the decision to the Director of Residence Life, Dean of Student Affairs (or to the President if the Dean has been involved in the hearing proceedings). Such an appeal must be in writing and must be submitted within 48 hours of the time the sanction was issued. Any appeal must be based on one or more of the following grounds (the justification for which must be clearly outlined in the letter of appeal). Prejudicial departure from the procedures outlined. Substantial new evidence or testimony not heard. The sanction deviates from the guidelines provided and is unduly harsh or inappropriate. DISCIPLINARY SANCTIONS The College reserves the right to impose sanctions, up to and including expulsion from the College, if the student has engaged in activity in violation of the institutional regulations and objectives of the College. Sanctions imposed may include one or more of, but are not limited to, those listed below. Copies of all sanction notices are maintained by the Offices of Residence Life/Judicial Affairs and the Dean of Student Affairs. Official Warning - An Official Warning is a statement by a College official documenting a violation of the Code of Conduct by a student and the discussion regarding that violation. The student is warned that further violations may result in more serious disciplinary action. Fines/Community Restitution - This sanction requires that students who are found in violation of certain policies pay a monetary fine, or bear responsibility for some form of community restitution (financial or otherwise). Educational Tasks - This sanction requires that the student complete an assigned task with the purpose of educating the student about the implications, effects, or dangers of their behavior. Disciplinary Probation - This sanction applies to more serious or repeat violations of the Code of Conduct. Disciplinary Probation carries with it a specified probationary period during which the student may be restricted from the specified College privileges and given specific probationary assignments, i.e., campus/community work detail, participation in educational programs, and/or other projects. Details of Disciplinary Probation are outlined on a "probationary contract" or letter of probation from the College official issuing the determination. The specific requirements of each student's Disciplinary Probation depend upon the case and the recommendations of Resident Staff, Department of Public Safety, the Administrative Judicial Board, Hearing Officer or the Dean, as appropriate. If the student is found to be in further violation of the College code of conduct or in violation of the terms of the probationary contract, he or she will face eviction from College residence or suspension from the College. Eviction From College Residence - Upon rendering of a decision to evict a student from College residence, the student is required to completely vacate the residence by a specified time and date. After the student has vacated the residence facility they are no longer permitted to enter any York College residence facility. Further violations may result in more serious disciplinary action, including suspension or expulsion. The student may receive assistance in identifying available alternative housing but housing costs and fees are not refunded. Disciplinary Suspension - Suspension for disciplinary purposes involves a forced, temporary separation of a student from the College. All parties are notified in writing of the period of suspension. During the suspension period the student is not permitted to enter the campus of York College for any reason without prior approval from the Dean of Student Affairs, Director of Residence Life, Coordinator for Judicial Affairs or other designee. At the end of the period of suspension, the student is eligible to reapply through the Admissions Office, but must first request a Disciplinary Review with the Dean of Student Affairs. After this review a decision will be made whether or not the student is eligible to return to the College. Tuition, housing costs, and fees are not refunded, but meal plans may be refunded at a prorated amount. Interim Suspension - The Dean of Student Affairs, with the approval of the President, has the authority to issue an Interim Suspension. The Interim Suspension can be issued when the Dean and staff feel that a student presents a significant danger or risk to persons or property. Students accused of incidents of a dangerous/serious nature may be considered for this kind of suspension. The Administrative Judicial Board will conduct a hearing within ten (10) days of the Interim Suspension. The Student Affairs office will schedule such hearings so that these cases can be properly reviewed and attention given to the judicial procedures necessary. If, in the judgment of the Administrative Judicial Board, the student is found not in violation, the student will be given the right to make up any academic work missed as a result of the Interim Suspension. Disciplinary Expulsion - Expulsion is a permanent separation of a student from the College. A student who is expelled for disciplinary reasons may not reapply for admission to the College. Administrative procedures, guidelines, and notification are identical to suspension. STUDENT RECORDS The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records. These rights are listed below: Students have the right to inspect and review their educational records within 45 days of the day the College receives a request for access. Students should submit to the Director of Records written requests that identify the record(s) they wish to inspect. The Director of Records will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. A nominal fee may be assessed for copies of student records requested. Students have the right to request the amendment of their education records that they believe are inaccurate or misleading. Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write the College official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing. Students have the right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including Security personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Parental rights of access to educational records depend on the student's financial status, either dependent or independent. If the adult student is financially independent, parents have no right of access without the student's consent. If, however, the student is a financial dependent, a parent/ guardian's request for educational records is honored by York College. It is the student's responsibility to clarify and document his/her financial status and acknowledge acceptance of the College's disclosure policy upon admission and to update such information via the Records Office. Directory information is distributed without prior consent of the student. Directory information is defined as a student's name, address, telephone number, email address, date of birth, major field of study, dates of attendance, class year and degree, and awards received. However, students who do not wish such information to be released or made public may inform the Admissions Office, if a new student, or the Records Office, if a returning student, in writing by September 1 for the fall semester or January 15 for the spring semester. For further information on circumstances for release of records, and disclosure of information in College records, see below. Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by York College of Pennsylvania to comply with the requirements of FERPA. The address of the Office that administers FERPA is: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, S.W. Washington, DC 20202-4605 CONFIDENTIALITY All personally identifiable information related to particular students used to make decisions about students or for transmittal to others outside the College other than directory information as defined above is considered confidential information. This information includes, but is not necessarily limited to: academic evaluations, disciplinary records, financial aid records, letters of recommendation, health or medical records, counseling records, advising records, transcripts, test scores, social security number, employment records, and other academic records. Note: Confidential letters of recommendation are those to which students have waived access. Third parties do not have access to confidential records without the written consent of the student specifying the records to be released and to whom the records are to be released. Exceptions to this restriction are: Parental rights of access to educational records depend on the student's financial status, either dependent or independent as defined above. College employees who require access on an internal need-to-know basis for legitimate educational purposes. Records released pursuant to judicial order. Records released in connection with the student's application for or receipt of financial aid. York College of Pennsylvania's Counseling Services are confidential and in accordance with the American Counseling Association's Code of Ethics. Except as provided above, no information will be released to any person without the student's written permission. PARENTAL NOTIFICATION OF STUDENT RECORDS AND COLLEGE MATTERS Parents or legal guardians of financially dependent students will be notified by the Academic Affairs office/College officials, when their son or daughter has been issued two or more warning grades at midterm. Professors are not required to issue warning grades, and some do not. A copy of the final grades will be sent to the designated parent(s)/guardian(s) in addition to the report sent to the student. Parents or legal guardians of financially dependent students will be notified by the Student Affairs Office/College officials when their son or daughter has been responsible for a violation of the College's student code of conduct. Students and parents are encouraged to discuss these disciplinary matters to assist in the attainment of behavioral improvement. SEARCH AND SEIZURE The following procedures constitute guidelines for College officials when conducting searches of student residence hall rooms: All non-consensual residence hall searches (where a student does not consent to having his or her room searched) need to be approved by one of the following college officials: Dean of Student Affairs, Director of Residence Life, Director of Public Safety or his designee. A student's room may be searched if a Student Affairs, Residence Life, or Public Safety staff member or other appropriate College official suspects a policy violation to have occurred, or is in the process of occurring. Appropriate law enforcement agencies may be contacted if deemed necessary. A search may also be approved when a college official believes that a student's welfare may be in question. In conducting the search, the designated Residence Life, Student Affairs, or Public Safety staff member shall try to have the occupants of the room present. If present, the occupants shall be informed of the reason for the search, by whom the search was approved, the materials to be seized, and that any material found may be used against them in campus disciplinary hearings. All illegal materials seized in the search shall be turned over to Public Safety for storage and/or disposal. If the illegal material is not owned by the student charged, the College will attempt to determine to whom the property belongs. All items and materials discovered that violate the College's housing contract will be seized and inventoried by the Residence Life or Student Affairs staff. If Residence Life is not present, all materials found shall be inventoried and turned over to the Residence Life Office. Back to Student Rights and Responsibilities \| Next Page > >

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