Judicial Standards and Processes

Alcohol and Drugs

In compliance with the federal "Safe and Drug-Free School and Communities Act of 1994" 20 USCS §§ 7101 et seq., Point Park University prohibits the unlawful manufacture, dispensation, possession, use, or distribution of a controlled substance (illicit drugs and alcohol) of any kind and of any amount. These prohibitions cover any individual's actions that are part of any University activities, including those occurring while on University property or in the conduct of University business away from the campus or not on University property.

Disciplinary Sanctions for Employees and Students Who Violate Drug and Alcohol Laws in Violation of this Policy

Students will be disciplined in accordance with the procedures of the Student Handbook.
Staff members will be disciplined in accordance with the procedures set forth in the Staff Handbook and any applicable collective bargaining agreement and/or employment contract.
Faculty members will be disciplined in accordance with the procedures set forth in the Faculty Handbook and any employment contract.
Secondary civil consequences may also flow from criminal drug violations. Property associated with the criminal acts, including homes and vehicles, can be confiscated by the state or federal governments.
Those who are convicted of felony violations may be barred from governmental employment and from licensed professions such as law, medicine, and teaching.

Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance

21 U.S.C. 844(a)
1st conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After one prior drug conviction: At least 15 days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000, or both.
After two or more prior drug convictions: At least 90 days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000, or both.
Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:
a. 1st conviction and the amount of crack possessed exceeds 5 grams,
b. 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
c. 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.C. 853(a)(2) and 881 (a)(7)
Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance, if that offense is punishable by more than one year imprisonment. (See special sentencing provisions regarding crack).

21 U.S.C. 881(a)(4)
Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a
Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853a
Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense; up to 5 years for second and subsequent offenses.

18 U.S.C. 922(g)
Ineligible to receive or purchase a firearm.

Miscellaneous

Revocation of certain federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies. Note: These are only federal penalties and sanctions. Additional state penalties and sanctions may apply.

Legal Sanctions - State

State criminal statutes (which may be generally found under Title 35 §780-113 of the Pennsylvania Consolidated Statutes) cover the same scope of conduct as the federal laws. The maximum penalty for the most serious single offense (manufacture, sale, or distribution) is 15 years in prison and a $250,000 fine, or such larger amount as is sufficient to exhaust the assets utilized in, and the profits obtained from, the illegal activity. The maximum penalty for the least serious state offense (possession or use of a small amount of marijuana) is 30 days in jail and/or a fine of $500.

Pennsylvania State Law on Alcohol

(Act31 - Alcoholic Beverages)
Point Park University does not permit, encourage, or endorse the consumption of alcohol by students under the age of 21. Under Pennsylvania Law, anyone under the age of 21 is considered a minor for purposes of the consumption and purchase of alcoholic beverages. Simply put, minors are not permitted to drink or buy alcoholic beverages anywhere in Pennsylvania. Mandatory criminal penalties as well as civil liability are imposed upon minors who violate the law. Moreover, any person who furnishes or helps furnish alcoholic beverages to minors has violated the law in Pennsylvania and can be criminally prosecuted and held responsible for any damages that may result from their actions.

Pennsylvania Penalties for Alcohol Violations

Penalties for underage drinking
Under Pennsylvania law, anyone under age 21 is considered a minor for purposes of the consumption and purchase of alcoholic beverages. Simply put, minors are not permitted to drink or buy alcoholic beverages anywhere in Pennsylvania. Any minor who attempts to purchase, purchases, consumes, possesses or knowingly transports alcoholic beverages has committed a criminal offense. Upon conviction, the minor will automatically lose his or her driver's license for at least 90 days and up to two years. For each conviction of three separate instances of underage drinking, the minimum license suspensions would be 270 days.
In addition to the above penalties, repeat offenders can be fined up to $500 for each additional conviction. Also, the police department making an arrest for a suspected underage drinking violation shall notify the parent or guardian of the minor charged.
It is a violation of Pennsylvania law for anyone under age 21 to misrepresent his or her age in order to buy alcohol or have it furnished to him or her. Violators will lose their driving privileges for at least 90 days and up to two years for each conviction, and repeat offenders will be fined up to $500.
The mere possession of identification that falsely represents that one is 21 years of age or older is in and of itself a crime in Pennsylvania. Use of another's identification by a minor to obtain alcoholic beverages also violates Pennsylvania law. A minor convicted of either of these offenses will lose his or her driver's license for at least 90 days, and up to two years for each offense, and repeat offenders are subject to a fine of up to $500.
Persons who sell, make, or attempt to sell, any identification that falsely represents the identity, age, or birthday of another are subject to a minimum penalty of $1,000 for a first violation and $2,500 for each additional violation. Finally, any person who has false identification issued or transferred to him or her is guilty of a misdemeanor punishable by a fine of up to $300 or a term of imprisonment of up to 60 days.

Penalties for permitting underage drinking
Persons age 21 and over also violate Pennsylvania law regarding alcohol when they furnish alcohol to a minor. A fine of up to $2,500 or imprisonment for up to three months for failure to pay any fine will be imposed. Repeat offenders will be fined at least $300 and may be imprisoned for up to one year. Adults are guilty of a misdemeanor if they give identification to any person with the intent to help that person obtain alcohol. This offense carries a penalty of up to 60 days imprisonment and/or a fine of up to $300.
If an individual represents a minor to be of adult age for the purpose of having alcohol furnished to the minor, the individual is subject to a minimum penalty of a $300 fine.

Penalties for driving under the influence of alcohol
Anyone who operates a vehicle while under the influence of alcohol shall pay a mandatory fine of no less than $300 and serve a minimum jail sentence of 48 hours for a first offense. First-time offenders shall also lose their driving privileges for one year. Second time offenders must also pay a minimum fine of $300 and serve at least 30 days in jail. For third time offenders, the jail sentence increases to a minimum of 90 days, and for fourth time offenders, the jail term is a minimum of one year.

Accelerated Rehabilitative Disposition
Any person who accepts Accelerated Rehabilitative Disposition of a D.U.I. charge for a first offense shall accept the conditions of the judge that will include, but are not limited to, the following:

• A mandatory suspension of operating privilege for a period of not less than one month but not more than 12 months.
• A fee to cover the reasonable costs, if any, of a municipal corporation in connection with prosecution and enforcement of ARD.
• Make restitution to any person who incurred determinable financial loss as a result of your actions that resulted in a charge of D.U.I.
• Engage in a program of collecting litter from public and private property, especially property that is littered with alcoholic beverage containers.

University Alcohol Policy

Point Park University upholds the standards set forth in all state and federal laws with respect to the consumption, sale, and possession of alcohol by persons under the age of 21. Behavior which abuses the lawful use of alcohol is also prohibited. The University prohibits alcohol intoxication; the unauthorized possession, use, consumption, manufacture, sale, or distribution of alcohol; and driving while impaired due to alcohol consumption. Specifically this includes, but is not limited to:

• Students under the age of 21 are not permitted to consume, transport, or possess alcoholic beverages.
• No Point Park student, regardless of age, may provide alcohol to anyone under 21 years of age.
• No Point Park student or guest, regardless of age, is permitted to be intoxicated on campus.
• The possession of beer kegs, cases of beer, or any common source container in any University building, facility, or property, unless authorized by University administration, is prohibited.
• The possession of any apparatus used to facilitate the rapid consumption of alcohol or drinking games is prohibited.
• Students will be held responsible for the actions of their guests who fail to comply with the University Alcohol Policy.

Residential Alcohol Policies

• No person, regardless of age, may consume alcohol in a room where any residents are under the age of 21.
• Residents, and their guests of legal drinking age, may consume alcoholic beverages within the privacy of their room, with the door closed.
• Alcoholic beverages are not permitted in public (common) areas of the residence halls (eg. lounge spaces) without the express, written permission of the Dean of Student Affairs.
• Alcohol consumption is prohibited in all residence building hallways.
• Students and their guests who appear to be intoxicated will be stopped by security, public safety, and/or campus life staff to assess any wellness or safety issues. Intoxicated, or seemingly intoxicated, guests will not be permitted access to the residence halls. Students who appear intoxicated must comply with the direction given by staff.

Disciplinary Action

All alcohol policy violations will be referred to the Office of Judicial Affairs for disciplinary action. Students being found in violation of the University Alcohol Policy will be sanctioned to meet with the Alcohol and Other Drug Educator. Students will also be assessed a fine to fund the alcohol education programs and resources.

• First Offense-$25
• Second Offense-$75
• Third Offense-$125
• Severe Alcohol Offenses-where the student is deemed to be intoxicated by the onsite staff, i.e. stumbling, slurred speech, vomiting, combative behavior, and the paramedics must be called to determine whether the student should be transported to the emergency room.
  • First Offense-$75
  • Second Offense-$125

In addition to the sanctions above, students are subject, but not limited, to disciplinary probation, ploss of housing, or suspension from the University, depending on the severity of the incident. As permitted under FERPA, Point Park University, at its discretion, may contact parents or guardians of students under 21 in alcohol-related incidents.

Drug Policy

Point Park University strictly adheres to federal and state laws with respect to prohibiting the possession, use, distribution, and cultivation of illegal or controlled substances and drug paraphernalia. Any student believed to have violated the drug policy will be referred to the Office of Judicial Affairs with sanctions to include possible suspension or expulsion from the University. Residents who violate these prohibitions will also be subject to the termination of their residence contracts and forfeiture of room fees. Evidence of drug use such as paraphernalia, smoke, or smell is also prohibited and a violation of this policy.

Student Code of Conduct

Statement of Purpose

Any campus judiciary must have, at its core, the intention to adhere to the fundamental rights and responsibilities inherent in scholarly inquiry, civil discourse, and intellectual rigor. No university community can exist if these values are not safeguarded and explored, free from violence and bias.
With this in mind, the University has set forth reasonable expectations and standards of behavior in the Statement of Community Responsibilities and Expectations. The goal of this document is to put in place the community's procedures for resolving conflict, educating community members as to standards of interaction, and, if necessary, removing from our community those who will not adhere to these standards.

Statement of Community Responsibilities and Expectations

The purpose of this code is to delineate non-academic standards of conduct appropriate to the University in consonance with the educational goals of the University. A student enrolling in the University assumes a responsibility to conduct himself/herself in a manner compatible with the University's function as an educational institution. All students are expected to familiarize themselves with the provisions of the Code and their individual responsibility with it. The Student Code of Conduct applies to all students of Point Park University. The student is expected to respect and abide by local ordinances, and state and federal statutes, both on and off campus. As a member of the educational community, s/he is expected to abide by the institution's Student Code of Conduct which clarifies those behavioral standards considered essential to its educational mission.

Student Groups and Organizations

Student groups and organizations, including athletic teams, may be charged with violations of this Code. A student group or organization may be held collectively responsible and its officers may be held individually responsible when violations of the Code by those associated with the group or organization have occurred. A position of leadership in a student group, organization, or athletic team entails responsibility. Student officers cannot permit, condone, or acquiesce in any violation of this Code by the group or organization.

Definition of Terms

"Student" means any person registered or enrolled in a University program or course of study at Point Park University.
"University Official" means any person employed or contracted by the University who is assigned administrative or professional responsibilities.
"Member of the University Community" means any student, faculty member, University official, or employee of the University.
"Offense" means conduct and/or attempts to engage in conduct inappropriate to the University community for which disciplinary action may be instituted.
"University Property" means all property owned, leased, or controlled by the University.

Prohibited Conduct

Article 1: Offenses Related to Persons

(are committed when a student or student organization):

1. Intentionally or knowingly, and without authority or consent, limits or restricts the freedom of a person to move about in a lawful manner.
2. Threatens, intimidates, coerces, or uses physical force in a manner that causes a person to be fearful of physical harm or threatens or endangers the health or safety of a person.
3. Physically abuses or injures another person.
4. Intentionally slanders or libels another person.
5. Obstructs or interferes with another person's civil rights.
6. Sexually assaults another person.
7. Sexually harasses another person.
8. Exhibits behavior of any kind that imperils or jeopardizes the health and safety of any person or persons. This includes any action which could be injurious to self or others.
9. Knowingly, whether with or without consent, hazes another student.
10. Exhibits behavior or uses language which is intolerant or discriminatory of age, race, ethnicity, skin color, national origin, religion, gender, sexual orientation, marital status, veteran status, ability/disability, and/or socioeconomic status.

Article 2: Offenses Related to Property

(are committed when a student or student organization):

1. Knowingly, and without consent or authorization, has in his or her possession property of another person or the University.
2. Knowingly, and without consent or authorization, removes, uses, misappropriates, or sells the property of another person or the University.
3. Damages or destroys property owned or in the possession of another person or the University.
4. Obtains the property owned by another person or the University, by misrepresentation or fraudulent means.
5. Enters property or uses facilities of another person or the University without consent or authorization.

Article 3: Offenses Related to the Operation of the University

(are committed when a student or student organization):

1. Abuses or damages University property by using it in a manner inconsistent with its designated purposes.
2. Forges, alters, takes possession, duplicates, or uses documents, records, keys, or identification without consent or authorization.
3. Falsifies records, or submits false information or records to a University official or office.
4. Fails, without just cause, to comply with the lawful directions of a University official acting in the performance of his or her duties and authority.
5. Refuses to respond to a legitimate request to report to a University official.
6. Fails to present University identification upon request by an authorized University official.
7. Purports to represent the University or another person in the University community improperly and without authorization.
8. Intentionally obstructs the operation and functions of the University.
9. Knowingly, and without consent or authorization, misuses or misappropriates services provided by the University.
10. Violates any other published University policy or regulation.
11. Exhibits conduct unbecoming a University student.

Article 4: Offenses Related to Welfare, Health, or Safety

(are committed when a student or student organization):

1. Possesses or manufactures, without University authorization, firearms, explosives, dangerous weapons, or other articles or substances injurious to persons or property.
2. Falsely reports a fire, activates emergency warning equipment, or communicates false information regarding the existence of explosives on University property.
3. Refuses to vacate buildings, sidewalks, driveways, or other facilities of the University when directed to do so by an official of the University having just cause to so order, unless official government actions be declared.
4. Abuses, misuses, removes, or damages fire or safety equipment.
5. Uses, possesses, distributes, sells, or is under the influence of narcotics, hallucinogenics, dangerous drugs, or controlled substances except as permitted by law.
6. Possesses, consumes, or dispenses alcoholic beverages in violation of the law and/or in violation of the University alcohol policy.

Article 5: Offenses Related to the University Judicial System

(are committed when a student or student organization):

1. Attempts to intimidate, coerce, or influence a person by any means in an effort to discourage or prevent his/her use of, or participation in, any disciplinary process or proceeding.
2. Attempts to influence the impartiality of any member of a disciplinary body prior to, or during, the course of a disciplinary proceeding.
3. Fails to respond to the summons of a disciplinary body or official.
4. Knowingly falsifies, distorts, or misrepresents information before a disciplinary body.
5. Disrupts or interferes with the orderly conduct of a disciplinary proceeding.
6. Knowingly institutes a disciplinary proceeding without proper cause.
7. Fails to complete disciplinary sanctions by the stated deadline or violates the terms of any disciplinary sanctions imposed in accordance with this code.

Student Judicial Processes

Inherent Authority

The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. Such action may include taking disciplinary action against those students whose behavior off-University premises constitutes a violation of this Code. Students may be accountable both to civil authorities and to the University for acts that constitute violations of law and of this Code. Disciplinary actions at the University will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced or that no criminal charges have been brought. All University community members including guests should report infractions of this Code, as well as any behavior they believe to be suspicious, to Point Park Public Safety. The Public Safety officers will take a report of the individual infraction/behavior and send the report to the Director of Judicial Affairs.

Procedural Guidelines

1. All incident reports will be received and investigated by the Director of Judicial Affairs.
2. Based on that review/investigation, the Director of Judicial Affairs will make the decision regarding what policies were violated, if any, and what each student's charges will be, along with the process that the student can follow to resolve the issue.
3. The charged student will receive a letter that includes:
   • The policies in which they are being charged with violating
   • The date in which the alleged violation occurred
   • The time, date, and location to report to resolve the judicial matter

Disciplinary Conferences

A disciplinary conference will normally consist of an informal, non-adversarial meeting between the accused student and a University administrator as designated by the Senior Assistant Dean of Campus Life, designee, or the Director of Judicial Affairs. Charged students may request the Office of Judicial Affairs to call appropriate and relevant witnesses on their behalf. Charged students may also request an informational hearing prior to the disciplinary conference to ask any questions, go over the charges, and review the process. Accused students who fail to appear after written notice has been given will be deemed not to have contested the allegations against them; however, a student may elect not to speak on his or her own behalf. Students who fail to be present for their disciplinary conference will waive their right to appeal.

Procedural Guidelines Applicable To Charged Students In Disciplinary Conferences

1. Written notice of the specific charges and date of the scheduled conference at least three days prior to the conference.
2. Reasonable access to the case file at least three days prior to, and during, the conference. A case file is part of the student's education record under the Family Educational Rights and Privacy Act of 1974 (FERPA). The personal notes of University staff members are not included in the case file. The case file will be retained in the Office of Judicial Affairs.
3. The opportunity to respond to the evidence and call appropriate and relevant student witnesses. It is expected that all witnesses will provide information that is true and correct. Any student who knowingly provides false information during a disciplinary conference will be charged.
4. Accused students have the right to a support person of his/her choosing, but this person has no role in the hearing and may not speak or address the Board for any reason.
5. Notarized affidavits may be accepted, or other accommodations made, at the discretion of the presiding officer in lieu of live testimony if a witness is out of state or otherwise determined to be unavailable.

University Judicial Board Hearings

The University Judicial Board (UJB) will convene to determine a finding of fact and render a decision of "In Violation/Not in Violation" for all charges, when the sanction and finding could be, removal from the residence halls, suspension, or expulsion from the University. A University Judicial Board (UJB) is made up of four student representatives and one faculty or staff representative. If the alleged misconduct may result in suspension or expulsion from the University, whenever possible, a faculty or staff member will be included; however, the absence of a faculty or staff member will not prevent the Board from hearing a case. A quorum will consist of three board members in any combination. Adhoc boards may be appointed by the Director of Judicial Affairs, Senior Assistant Dean of Campus Life, or designee if, after reasonable effort, a board is not able to be constituted, is unable to obtain a quorum, or is otherwise unable to hear the case. Adhoc boards may be composed of staff, faculty, students, or any combination thereof.

Procedural Guidelines Applicable In All UJB Hearings Including UJB Disciplinary Conferences

1. Charged students will have a pre-hearing conference with the Director of Judicial Affairs or designee to review the charge letter and the election of action form.
2. The accused student will be given written notice of the specific charges, date of the scheduled conference at least three days prior to the conference or hearing, and will be given reasonable access to the case file, which will be retained in the Office of Judicial Affairs.
3. The Office of Judicial Affairs will take steps to compel the attendance of student witnesses whose testimony may help the UJB establish the factual record. Failure to appear when called will result in charges under this Code but will not invalidate the proceedings. Character witnesses will not be heard.
4. Accused students who fail to appear after written notice, which includes email notice, will be deemed not to have contested the allegations against them; however, a student may elect not to speak on his or her own behalf. In such cases, the UJB's decision will be based solely on witness testimony and other information presented during the proceeding.
5. Hearings will be closed to the public.
6. The presiding officer will exercise control over the proceedings to maintain proper decorum, avoid needless consumption of time, and achieve an orderly completion of the hearing. Anyone disrupting the hearing, including the charged student, the support person, or witnesses, may be removed or excluded from the hearing by the presiding officer, the Senior Assistant Dean of Campus Life, or designee. Such disruption is a violation of this Code, and a person may be charged following his or her disruption and removal.
7. Hearings will be audio recorded at the discretion of the Senior Assistant Dean of Campus Life or designee.
8. Any party may challenge a Board member on the grounds of personal bias. The decision to disqualify a Board member will be made by the Senior Assistant Dean of Campus Life or designee. This decision is final.
9. Witnesses will be truthful in giving testimony before the Board. Furnishing false information in such a context is a violation of this Code and appropriate sanctions will be applied.
10. Only the immediate parties, and the charged student's support person if applicable, to the alleged violation may be present throughout the hearing. All parties will be excluded during Board deliberations.
11. The Board will question all parties in an effort to establish the factual record. On disputed points, a preponderance of the evidence available, fairly considered, will decide the facts. A "preponderance of the evidence" means that it is "more likely than not" that a fact is true or an event occurred.
12. Formal rules of evidence will not be applicable in disciplinary proceedings described in this Code. Confidentiality will be observed.
13. Board members and the charged student may question witnesses who testify for any of the parties at the hearing.
14. Prior to the hearing, the Senior Assistant Dean of Campus Life or designee may appoint a special presiding officer in complex cases.
15. Reports of the Board shall include a finding of fact and a determination of whether or not the charged student is in violation of the alleged misconduct. If the Board determines the charged student to be in violation, the report will include a recommendation of sanction. The Board may consider mitigating or aggravating circumstances when making a sanction recommendation. The report will be forwarded to The Director of Judicial Affairs or designee for review. The Director of Judicial Affairs will impose all sanctions other than suspension or expulsion from the University. Should the Board recommend suspension or expulsion, the Senior Assistant Dean of Campus Life will review and impose sanctions for suspension, and the Associate Dean of Campus Life will review and impose sanctions for expulsion. Sanctions may be appealed based on criteria set by the University (see Appeals).
16. The accused student will receive, in writing, within a reasonable amount of time, the decision of the Board and the sanction(s) determined.
17. Accused students have the right to a support person of his/her choosing, but this person has no role in the hearing and may not speak or address the Board for any reason.
18. Affidavits may be accepted, or other accommodations made, at the discretion of the presiding officer in lieu of live testimony if a witness is out of state or otherwise determined to be unavailable.
19. Charged students will be given the option to either have their case heard in front of a full University Judicial Board or at a University Judicial Board Disciplinary Conference (UJB DC). At a UJB DC, the charged student will have their case heard by one UJB representative. All sanctions and procedures still apply.

Selection and Removal of Judicial Board Members

At least twenty students will be nominated by the President and Vice President of the United Student Government to represent all student constituents and are appointed by the Director of Judicial Affairs after an interview/selection process. Faculty and staff appointments are made by the Director of Judicial Affairs. UJB nominations may also be received through the solicitation of campus offices, faculty, or staff members.

Appointments are for one (1) academic year.

Appointments are for one (1) academic year.

Members of any judicial pool who are charged with any violation of this Code, or with a criminal offense, will be suspended from their judicial positions by the Director of Judicial Affairs, Senior Assistant Dean of Campus Life, or designee during the pendency of the charges against them. Members found in violation of any such conduct or criminal offense will be disqualified from any further participation in the University judicial system. Additional grounds and procedures for removal may be established by the Senior Assistant Dean of Campus Life or designee. Students, faculty, and staff appointed as members of any UJB must adhere to absolute confidentiality relative to the matters and names of all persons who participate in the judicial process. Any student who violates this provision will be charged and, if found in violation, will be sanctioned.

Appeals

Requests for appeals must be in writing and based on new, relevant information not previously presented at the disciplinary conference or hearing that would significantly alter the findings of fact upon which the sanctions are based. Appeals must be submitted in writing to the Office of Judicial Affairs no later than five business days after receipt of the findings and sanctions letter. Appeals of low level disciplinary conferences will be reviewed by the Director of Judicial Affairs or designee. Mid-level disciplinary conferences and UJB-level disciplinary conferences or hearings with sanctions resulting in up to removal from housing will be reviewed by the Senior Assistant Dean of Campus Life or designee. UJB-level disciplinary conferences or hearings with sanctions resulting in suspension from the University will be reviewed by the Associate Dean of Campus Life or designee. UJB-level disciplinary conferences or hearings with sanctions resulting in expulsion from the University will be reviewed by the Dean of Student Affairs or designee. Appeals will be reviewed to determine their viability based on new information significantly altering the findings of fact. Failure to appeal within the allotted time, or denial of the appeal, will render the original decision final and conclusive. Decisions to grant or deny the appeal will be based on information supplied in the written appeal and, when necessary, on the record of the original proceedings. Findings and sanctions arising from new hearings or conferences are final and conclusive.

Judicial Record Expungement

For sanctions other than termination of housing contract, suspension, or expulsion, a student may apply to have their judicial history expunged after two years from the completion of all sanctions or in their semester of graduation. For details, contact the Office of Judicial Affairs at 412-392-8029, or refer to the Office of Judicial Affairs' portion of the Point Park University website.

Conflicts

In event of conflict between the terms of this Student Code of Conduct and any other provision of the Student Handbook, the terms of this Code shall govern. All students are responsible for upholding all University policies and procedures. The Student Code of Conduct and Procedural Guidelines may be changed at the discretion of the University.

Judicial Sanctions

The following list includes possible outcomes from the University's judicial process if the charged student was found to be in violation of policy.

Alcohol Incidents

• Alcohol Education-a student would meet with the Coordinator of Alcohol and Other Drug Education. After the meeting, an activity will be assigned to the student based on the needs of the student and the incident.
• Fines-all fines go toward Alcohol and Other Drug Education initiatives and programs.
  • Standard Alcohol Offenses
    • 1st Offense-$25
    • 2nd Offense-$75
    • 3rd Offense-$125
  • Severe Alcohol Offenses-where the student is deemed to be intoxicated by the onsite staff, i.e. stumbling, slurred speech, vomiting, combative behavior, and the paramedics must be called to determine whether the student should be transported to the emergency room.
    • 1st Office--$75
    • 2nd Offense-$125
• Depending on the nature of the incident, a student found in violation could be placed on disciplinary probation, have their housing contract terminated, or be suspended or expelled from the University. More serious offenses would be referred to a University Judicial Board hearing.

Other Drug Incidents

• Other Drug Education-a student may be required to meet with the Coordinator of Alcohol and Other Drug Education, the campus mental health counselor, or be assessed for addiction.
• Fines-all fines go toward Alcohol and Other Drug Education initiatives and programs
  • 1st Offense-$75
  • 2nd Office-$125
• If a student lives on campus and is found to have had any amount of any illegal substance, or legal substance used illegally, the student will have their housing contract terminated and all fees will be forfeited.
• Students will be referred to a University Judicial Board hearing.

Sexual Assault

If the alleged perpetrator of a sexual assault is a member of the University community, an interim suspension will immediately be imposed. This is an immediate exclusion from all classes and all other University privileges and activities. Interim suspension includes exclusion from all campus properties. The interim suspension shall be imposed as a temporary measure pending the determination of the appropriate student judicial board or any appeal thereof. Interim suspension is imposed to ensure the safety and well-being of other members of the University community. Following the filing of a complaint of sexual assault against a member of the University community, a hearing may be scheduled through appropriate collegiate jurisdictions. The alleged perpetrator shall be entitled to have an advisor present. For more information on sexual assaults, see Health and Wellness: Sexual Assault.

Disciplinary Probation-A serious encumbrance upon a student's standing in the University. Departmental or extracurricular restriction may be imposed while on probation. Additionally, should a student violate the Student Code of Conduct or any University policy during this period, further judicial action will be taken to include, but not be limited to, suspension or expulsion from the University.
Suspension-A student is no longer considered a student for a set period of time. The student will be withdrawn from classes, their housing contract will be terminated if applicable, and they will be banned from the campus.
Interim Suspension-A student may be removed from the campus community for an interim amount of time while a formalized hearing is organized if they are deemed to be a clear and present danger to the campus community, an individual, or to themselves. Students will not be able to attend class, reside in the residence halls, or be on campus during an interim suspension.
Expulsion-A student is removed from the campus community on a permanent basis.
Housing Contract Termination-A student's residence hall contract is terminated immediately and the student is given a deadline to be completely out of the residence hall and return their room key and id. The student will not be permitted back into the residence halls.
Persona Non Grata (PNG)-A list of banned students is maintained at the Office of Judicial Affairs, the Department of Public Safety, and at each security desk. If a student is on the PNG list, they are trespassing if found in the area from which they are banned. A student may be banned from all residence halls, individual residence rooms, suites, or apartments, or even a certain floor of a building.