Student Conduct at Mercyhurst

Disciplinary Levels

Written Warning

A written warning is a documented notice that the student’s behavior is unacceptable to the Mercyhurst University community and that further misconduct may result in more severe outcomes. Written warnings are taken into account in the event of future violations.

Written Reprimand

A written reprimand is an official censure for violating University regulations and is taken into account in the event of further violations. Written reprimands result in the loss of one housing point.

Social Probation

Social probation is meant to monitor and address student behavior to assess their adjustment to the demands of academic life. Involvement in another incident during this probationary period may result in more serious disciplinary sanctions. Social probation results in the loss of two housing points.

Disciplinary Probation

Disciplinary probation is the next level of probation. A student is on disciplinary probation for a specified period of time. A student may be denied participation in certain activities and/or face facility restrictions. Involvement in another incident during this probationary period may result in more serious disciplinary sanctions. Disciplinary probation results in the loss of three housing points.

Suspension

Suspension is a temporary separation from the University and requires that a student ceases attendance at class and participation in university activities, and vacates the University premises for a specified period of time. There shall be no refund of tuition, room, or other fees due or payable for the period of the suspension. While on suspension, a defiant trespass notice will be issued. Suspension (including abated suspension) results in the loss of four housing points in the academic year during which the student returns.

Interim Suspension

In certain circumstances, it may be necessary to impose a suspension immediately. This interim suspension is used when there is substantial reason to fear harm to persons or property, to ensure the safety and well-being of members of the University community, or when there is a threat of or actual disruption or interference with the normal operation of the University. During the period of interim suspension, a defiant trespass notice will be issued. With the safety and welfare of the University community in mind, it may be necessary for a student who significantly disrupts student life, or is a danger to others, to be required to leave campus immediately for a designated period of time, determined by the Director of Residence Life & Student Conduct or designee in consultation with appropriate University personnel. University authorities must approve an acceptable statement of the student’s ability to return to campus without continuing to pose behavior that is disruptive to the campus community, or threatening towards the safety and well-being of members of the University community, before determining whether the student will be permitted to return to campus. Further behaviors that disrupt the institution or interfere with the mission of the institution may result in additional disciplinary action up to and including suspension or expulsion.

Expulsion

Expulsion is a permanent separation from the university. Theuniversity reserves the right at any time to expel any student engaging in any conduct that, in the opinion of the University, is detrimental to the welfare of the University community. There shall be no refund of tuition, room, or other fees due or payable. Upon expulsion, a defiant trespass notice will be issued.

Disciplinary Sanctions

Monetary Fines

Monetary fines may be required of a student who violates the Conduct Code. The student may be permitted to satisfy these fines through community restitution.

Community Restitution

Community restitution may be required of a student who violates the Conduct Code. The adjudicating authority will assign the number of hours required, the work location, and the name of the community restitution supervisor. The student is entirely responsible for contacting, coordinating, completing community restitution hours with the supervisor, and submitting verification to the Student Conduct Office by the specified date.

Monetary Restitution

When deemed appropriate, the student may be required to pay for damages or other expenses incurred as a result of the student’s actions. Monetary restitution may be required to the University.

Educational Sanction

When deemed appropriate, educational sanctions such as mediation, attendance at Alcohol and Drug Education classes, a formal apology (in person or in writing), a public presentation, a research paper, etc. may be assigned.

Reassignment or Removal from University Housing

Any student incapable of cooperative community living may be moved from a room or apartment to another location on campus. Should this occur, the original group of students who signed-up to live together may be split up and assigned to available open spaces on campus. The student may also be restricted from visiting specified campus areas or activities. Removal from campus housing, when appropriate, is also a possible sanction or stipulation. There shall be no refund of room or other fees due or payable.

Loss of Off Campus Housing Privilege

A student living off campus may lose that privilege if behaviors disturb or disrupt neighbors or the neighborhood, or bring disrepute to the University.

Facility Restrictions

A student who has been assigned facility restrictions may not be permitted to visit campus housing or to be in the outside areas adjacent to these residences. The student may also be restricted from additional campus facilities and activities.

Counseling Assessment

A student who has been assigned a counseling assessment is required to schedule a session (or sessions) with the University’s Counseling Center or a counselor approved by the Counseling Center. The student will be required to follow any suggestions/recommendations made by the counselor and ensure verification of attendance and compliance with recommendations is provided to the Director of Residence Life & Student Conduct. With the safety and welfare of the University community in mind, it may be necessary for a student who significantly disrupts student life, or is a danger to self or to others, to be required to leave campus immediately for a designated period of time, determined by the Director of Residence Life & Student Conduct or designee in consultation with appropriate University personnel. University authorities must approve an acceptable statement of the student’s ability to return to campus without continuing to pose behavior that is disruptive to the campus community, or threatening towards the safety and well-being of themselves or of members of the University community, before determining whether the student will be permitted to return to campus. Further behaviors that disrupt the institution or interfere with the mission of the institution may result in additional disciplinary action up to and including suspension or expulsion

Parent/Guardian Notification

The University recognizes the vital interest and supportive role of parents and/or guardians. As such, the University reserves the right, to the extent allowed by law, to notify parents and/or guardians when the University believes it is in the best interest of the student, parents and/or guardians, and/or University to do so. Such notification is intended to help the student, parents and/or guardians, and University cope appropriately with such situations. When possible and appropriate, the student will have the opportunity and will be encouraged to initiate contact with the parents and/or guardians. In many instances, State and Federal regulations restrict the University’s ability to provide information without a signed FERPA release from the student. Students may complete and sign the release by visiting the Student Conduct Office.

Mercyhurst University addresses off campus violations 1) to prevent and reduce behavior that undermines student academic success that impacts the educational mission of the university, 2) to improve the health and safety among students and community members, 3) to provide timely support and resources for those who may be struggling with substance abuse/addiction, and 4) to prevent violence in and around the Mercyhurst campus.

Mercyhurst has the legal right to set expectations and to hold students responsible for violating these standards off campus. Mercyhurst approaches off campus violations as a community standard issue, paying special attention to high-risk patterns of behavior, with an underlying focus on our care for student health and safety. A specific AD is assigned to address and resolve conduct cases which occurred off campus.

Here are a few commonly asked questions concerning off campus violations:

Does the Office of Residence Life and Student Conduct address all off campus violations?

Yes, if our office becomes aware of any off campus violations that interfere with the mission of the university by impacting the health and safety of students and the surrounding community, we will meet with you. The primary types of off campus violations referred to our office include but are not limited to:

• Felony charges;
• Acts of harm charges, including, but not limited to, assault, harassment, or threats;
• Driving under the influence (DUI) charges or charges of driving by individuals under twenty-one (21) years old after consuming alcohol or drugs;
• Repeated or high risk alcohol misdemeanor charges
• Repeated or high risk drug misdemeanor charges; and
• Activities of a student or group of students that clearly conflict with the University’s interests and mission, including, but not limited to, patterns of behavior that put the health and safety of others at risk or show disregard for the policies of the University.
   

Why does Mercyhurst decide to enforce off campus violations?

The decision to enforce the policy off campus is designed to 1) prevent and reduce behavior that undermines student academic success and that impacts the educational mission of the university, 2) improve the health and safety among students and community members, 3) provide timely support and resources for those who may be struggling with substance abuse/addiction, and 4) prevent violence in and around Mercyhurst’s campus.

Mercyhurst has the right to set expectations and to hold students responsible for violating these standards off campus. Mercyhurst approaches off campus violations as a community standard issue, paying special attention to high-risk patterns of behavior, with an underlying focus on our care for student health and safety.

How does the Office of Residence Life and Student Conduct receive information about off campus violations?

Erie Police Department provides the Chief of Police at Mercyhurst with daily reports from the local Erie court system regarding all legal charges in Erie County. Our office then reviews these reports and will contact any active students if deemed necessary.

If a student is legally charged or cited for breaking a local, state, or federal law outside of Erie County, the University may still receive notification through several avenues and will contact any active students if deemed necessary.

Doesn’t addressing off campus violations involve double jeopardy?

Some violations of the Student Code of Conduct are also violations of federal, state, or local law. Students may face both criminal charges and the University disciplinary action. This does not constitute double jeopardy. Double jeopardy is defined as a person being tried again for the same offense after being acquitted. The Fifth Amendment double jeopardy clause in the Constitution applies only to successive criminal prosecutions for the same offense and specifically protects against:

• a second prosecution for the same offense after acquittal;
• a second prosecution for the same offense after conviction; and
• multiple punishments for the same offense.

Please note that Mercyhurst’s disciplinary process is not a criminal process. In other words, its process is separate from, and does not involve, legal proceedings. Consequently, holding students accountable for off campus violations of the Student Code of Conduct is not considered double jeopardy.

What happens if my case is dropped in court?

Because the conduct process at Mercyhurst is separate from the legal system, and utilizes a different standard of proof, outcomes from the court system are not acceptable challenges to the outcomes in the Office of Residence Life and Student Conduct. Students referred to our office will still be expected to undergo a conduct meeting. 

• An event is documented in an incident report.
• The incident report is submitted to the Student Conduct Office.
• A preliminary review of each incident is conducted by an Assistant Director (AD) of Residence Life and Student Conduct or a designee.
• The AD then either adjudicates the incident or refers it to a Student Conduct Panel or the Director of Residence Life and Student Conduct.
• The student is contacted to schedule a conduct meeting (generally by University email). If a student does not respond to the initial notice, a second notice will be sent requesting that the student schedule a meeting within a specified period of time. If the student fails to schedule and attend a meeting, the adjudicating authority will hold the meeting in the student’s absence. Students will be notified by University email of the outcome of the case.
• Normally, hearings shall be conducted in private. However, admission of any other person to the hearing shall be at the discretion of the adjudicating authority.
• With incidents involving multiple students, group hearings may be provided when appropriate.
• The adjudicating authority reserves the right to involve additional participants in the conduct process.
• For instance, coaches, advisers, IT personnel, peers, etc. may participate in the process when deemed appropriate by the adjudicating authority.
• Witnesses may also be consulted at the discretion of the adjudicating authority.
• The student has the right to be accompanied by an advisor of the student’s choice and at the student’s own expense. The student is responsible for presenting his or her own information and argument and, therefore, advisors are not permitted to speak or to participate directly in any hearing.
• The student has the right to present the information from witnesses during the hearing. If the student requests witnesses be permitted to present their statements at the hearing, the student must demonstrate the relevancy of the witness’s information prior to their admission to the hearing. If such relevancy cannot be demonstrated, the adjudicating authority may refuse to hear the information.
• Permanent records, exhibits, and written statements may be accepted as information for consideration at the discretion of the adjudicating authority.
• All procedural questions are decided by the adjudicating authority.
• The hearings may be taped by the adjudicating authority.
• The adjudicating authority determines if the student is responsible for the incident.
• If the student is found responsible, the adjudicating authority will use the Conduct Code as a guide in determining an appropriate sanction.
• The student is provided with a decision letter which includes guidelines for appealing the decision.

Mercyhurst University expects and requires of its students behavior consistent with its high standards of scholarship.

Upon matriculation to the University, a student accepts its regulations and acknowledges the right of the University to take disciplinary action for conduct deemed unacceptable or disruptive, both on and off campus.

The Conduct Code is divided into numbered headings describing prohibited behavior.

Accompanying these headings are illustrative examples of potential violations and sanctions that may be applied. By listing such prohibited actions, the University does not seek to create an all-inclusive list. Instead the code serves as a guideline and means of clarification for the standards of conduct expected from community members.

Students may not claim exemption from responsibility for their behavior because a violation is not listed. A student’s conduct record is cumulative over the course of a student’s university career. While proceedings under the Conduct Code are not criminal proceedings and shall not be construed as such, Mercyhurst University recognizes its responsibility to provide procedures for handling student conduct that are fair and consistent.

The University, for the purposes of this code, shall adopt the following guidelines:

the student shall be notified of a conduct meeting;
the student shall be notified of matters requiring the student’s response;
the student shall receive impartial proceedings;
the student shall be given the opportunity to provide relevant information during the conduct meeting;
the student shall have the opportunity to request an appeal.
Any student found responsible for violating the Conduct Code may receive one or more of a variety of sanctions tailored to the specific violation(s). The sanctions listed in the Student Handbook are presumptive. Individual mitigating circumstances, as well as aggravating factors, such as past misconduct by the student, or failure to comply with previously imposed sanctions, may be considered when determining the level and scope of the sanction(s).

Sanctions are imposed on a graduated scale, increasing in severity with subsequent violations.

Students residing off campus should understand that in the event of any disturbance at any off campus residence for which police are involved, all signatories to a lease may be held equally accountable for an incident occurring at their residence, whether they actually received a citation or not, and all signatories may be adjudicated through the Conduct Code.

What is the Student Code of Conduct?
A set of community standards and prohibited conduct to promote student learning and accountability. The Student Code of Conduct is available for viewing under the Students Tab, The Conduct Code OR by visiting handbook.mercyhurst.edu.

What happens if I have been involved in an alleged violation of the Student Code of Conduct?
You will receive email communication via official Mercyhurst email from member of the Office of Residence Life and Student Conduct to schedule an appointment. That email will include the presumptive charge(s) and details about the next steps in the process.

We encourage you to become informed about the disciplinary process and you will notice on the following page of that initial email we provide you information on The Student Conduct Code as well as The Conduct Process.

Does the Office of Residence Life and Student Conduct address all off campus violations?
Yes, if our office becomes aware of any off campus violations that interfere with the mission of the university by impacting the health and safety of students and the surrounding community, we will meet with you. The primary types of off campus violations referred to our office include but are not limited to:

Felony charges;
Acts of harm charges, including, but not limited to, assault, harassment, or threats;
Driving under the influence (DUI) charges or charges of driving by individuals under twenty-one (21) years old after consuming alcohol or drugs;
Repeated or high risk alcohol misdemeanor charges;
Repeated or high risk drug misdemeanor charges; and
Activities of a student or group of students that clearly conflict with the University’s interests and mission, including, but not limited to, patterns of behavior that put the health and safety of others at risk or show disregard for the policies of the University.

How is responsibility of a violation determined?
After determining an agreed upon date and time to meet, the student will undergo a conduct hearing with a hearing officer. Hearing officers can be Hall Directors, Assistant Directors, the Director of Residence Life and Student Conduct, or a panel hearing consisting of faculty/staff depending on the severity and nature of the incident in hand.

If a student fails to schedule an appointment by the indicated date on the initial email, or misses a scheduled appointment with a hearing officer, the Office of Residence Life and Student Conduct has the right to resolve the case in the your absence.

Please note we will make every effort to contact you, but it is your responsibility to utilize your university issued email. In the event your case is heard in your absence, you will be emailed the outcome of the hearing and you are responsible for any associated sanctions. Failing to attend a conduct hearing can result in additional sanctions and charges.

If I am found responsible for misconduct, what will happen?
To maintain fairness and consistency, there is a presumption that at least the minimum sanction will be imposed. Your hearing officer, or hearing board, may impose a sanction less than or greater than the minimum when there is a compelling factor(s) that warrant such action.

How are the sanctions decided?
The sanctions are developed with consideration of the individual circumstances of the case, the student’s prior disciplinary history, if any, the impact that the sanctions will have on the student’s situation, his or her educational record, and any other relevant information that the hearing officer deems useful.

During the conduct meeting, the hearing officer will go over all charges the student is being held responsible for and will clearly articulate what the student needs to do next. The student will also receive a detailed email outlining the charges and any sanctions the student may have been issued, along with due dates and other deadlines.

Are the sanctions public record like criminal records are?
No. Student conduct cases are confidential in compliance with the Family Educational Rights and Privacy Act (FERPA).

Will my parent(s)/guardian(s) have access to my disciplinary record and what is the Family Educational Rights and Privacy Act (FERPA)?
Under the Family Rights and Privacy Act (FERPA) of 1974, as amended, Mercyhurst University is restricted in releasing student information without the consent of the student. It provides the student a right to inspect his/her records and restrict the disclosure of those records. Further information about FERPA is available on the U.S Department of Education FERPA website.

“The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education”.

Detailed information about FERPA at Mercyhurst University can be found in the University Policy Statement here.

In order for the Office of Residence Life and Student Conduct to discuss details of your case or any disciplinary record, the student must give permission to do so, unless elsewhere allowable by law.

It should be understood that, at the post-secondary level, parents do not have automatic access to the student’s educational record. However, in the event of repeated offenses of the Student Code of Conduct, our office reserves the right to send a letter to your parents indicating that you have been found responsible for violating a certain policy and that further misconduct may result in the loss of housing, suspension, or expulsion from the university.

This is done in the hopes that conversations will take place in the family setting and will not divulge any specific details of your particular conduct case.

How will this affect my school record?
Disciplinary records are maintained for a minimum of eight (8) years from the date of resolution. If Suspension or Expulsion is given in resolution of a violation, the disciplinary record will be maintained indefinitely.

Your disciplinary record may impact your ability to gain approval to study abroad, participate in leadership roles on campus or varsity athletics, transfer to another institution or gain entrance into a graduate program.

If you give an employer or graduate/professional school permission to access your disciplinary record, information about your violation(s) and sanction(s) will be shared.

How does a student disciplinary record affect my application to graduate school?
Most graduate applications ask for information regarding a student’s criminal or disciplinary history. Some universities require more information, so be sure to carefully read what information the application is requiring. You should be honest about your disciplinary history. On occasion, universities will contact our office to verify the information you have provided on your application. Most applications include this waiver in the fine print and by signing the application you are typically granting access to your disciplinary records.

Can my family attorney be involved?
As part of your student rights, you are entitled to an advisor of your choosing. Attorneys and non-attorney advocates are allowed to be present throughout the disciplinary process. However, attorneys and other student advocates may not directly speak or participate during the proceedings, and may only act in a supporting role directly with the student.

What is the standard of evidence?
The standard in the student conduct process is “preponderance of the evidence” as opposed to “beyond a reasonable doubt.” This means the hearing officer will make a final decision if they feel there is a 51% chance likelihood you violated a policy, regardless of any tangible evidence that may or may not be available.

What if I do not agree with the sanction(s) I am issued or charge(s) I am found responsible for?
Every student reserves the right to appeal decisions made by the hearing officer within 7 days of the hearing outcome.

The purpose of the appeal process is to ensure that the policies and procedures of Mercyhurst University are administered in a fair and consistent manner. An appeal is a request to a higher adjudicative authority to reconsider a disciplinary decision or action. When an appeal is heard, the issue in question is not the original incident; rather, it is the request for reconsideration of the original decision.

The aim of the appeal request is to convince an adjudicating appeal authority that reason exists for review of the original decision or action. The burden of showing such reason rests with the individual making the appeal. In general, one or more of the following criteria must be demonstrated for an appeal to be successful:

• During the student conduct process, deviation from written procedures occurred which impacted the fairness of the process. The deviation must be demonstrated in the appeal request and must clearly impact the fairness of the process
• Information unavailable to the original adjudicating authority is now available that could have impacted the original outcome. The relevant information must be presented in the appeal request
• The decision (violations and sanctions) reached was not based on substantive information. A reasonable challenge to the information must be provided in the appeal request
• The sanction issued as a result of the original decision was disproportionate for the violation. The unwarranted or excessive nature of the sanction must be evidenced in the appeal request
• Bias on the part of the adjudicating authority that deprived the student conduct process of impartiality.  Allegations of bias must reference the adjudicating authority only. The alleged bias must be evidenced in the appeal request. 
   

A student should have no expectation that an appeal will be successful simply because the student is unhappy with or disagrees with the original decision or action. The student needs to do more than simply claim grounds for appeal; the student must demonstrate that such grounds exist.

When an appeal is heard, the adjudicating appeal authority may recommend, eliminate, decrease, increase, modify, or uphold the initial disciplinary decision.  A thorough description of the appeal process can be found in the Mercyhurst University Student Handbook, available at mercyhurst.edu/handbook.

Under the Family Rights and Privacy Act (FERPA) of 1974, as amended, Mercyhurst University is restricted in releasing student information without the consent of the student. It provides the student a right to inspect his/her records and restrict the disclosure of those records. Further information about FERPA is available on the U.S. Department of Education FERPA website.

“The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education."

In order for the Office of Residence Life and Student Conduct to discuss details of your case or any disciplinary record, the student must give permission to do so, unless elsewhere allowable by law.

It should be understood that, at the post-secondary level, parents do not have automatic access to the student’s educational record. However, in the event of repeated offenses of the Student Code of Conduct, our office reserves the right to send a letter to your parents indicating that you have been found responsible for violating a certain policy and that further misconduct may result in the loss of housing, suspension, or expulsion from the university.

This is done in the hopes that conversations will take place in the family setting and will not divulge any specific details of your particular conduct case.

The Family Educational Rights and Privacy Act (FERPA) allows universities to notify parents/guardians when their student has violated the drug and/or alcohol policy. Specifically, if the student is:

less than twenty-one (21) years of age with a second alcohol violation
less than twenty-one (21) years of age with a first-time drug violation for marijuana.
less than twenty-one (21) years of age with a first-time, high-risk alcohol violation including, but not limited to: reading of a .10 or greater on an Alco-Sensor, driving under the influence, driving after consuming, alcohol poisoning, or hospitalization.
The purpose of Parental Notification is to maintain a clear line of communication, collaborate with the parents of Mercyhurst students, and to develop strategies to help the student learn from this teachable moment.

Parental Notification is sent to the parent or guardian by mail to the student’s permanent address within 7 business days of a conduct case being resolved. That notification does not detail the specific incident but rather provides the framework that future violations of the Student Code of Conduct may result in loss of housing privileges, suspension, or expulsion.

What is the purpose of the Student Code of Conduct and the Office of Residence Life and Student Conduct?
The Student Code of Conduct establishes the written rules, regulations, and procedures concerning student conduct and discipline for Mercyhurst University. The Code applies to all actively enrolled Mercyhurst students, be it both on the main campus and at the North East campus. The professional staff members of the Office of Residence Life and Student Conduct will serve as the primary hearing officers for student conduct cases and will be available to assist any student, student organization, staff member, faculty member, or administrator in understanding and applying the Student Code of Conduct.

What are some of the sanctions commonly assigned for Student Code of Conduct violations?
The sanctions are developed with consideration of the individual circumstances of the case, the student’s prior disciplinary history, if any, the impact that the sanctions will have on the student’s situation, his or her educational record, and any other relevant information that the hearing officer deems useful.

How can my student make sure he or she is not in violation of the Campus Student Code?
Students are advised to acquaint themselves with the Student Code of Conduct and with the rules and regulations associated with University housing. Students have access to view all of these items by visiting handbook.mecyhurst.edu at their convenience.

Can I accompany my student to a conduct hearing with the Office of Residence Life and Student Conduct?
As part of your student's rights, they may be accompanied by an advisor of their choice and at their own expense. However, the student is responsible for presenting his or her own information and argument and, therefore, advisors are not permitted to speak or to participate directly in any hearing.

How can I best support my student through this process?
The best way to respond to your student’s misconduct is to be supportive while encouraging them to accept accountability for their decisions and their actions. You may want to encourage your student to seek any and all resources that the Mercyhurst community may offer to best assist them.

Can students be held accountable to the Student Code of Conduct if they are not found guilty in court?
Yes. The Student Code of Conduct is separate from any criminal process or court hearings. There are significant differences between the criminal process/court system and the student conduct process, but they are not mutually exclusive from one another. If a student is arrested and charged in a criminal proceeding, that student can also be charged under the Student Code of Conduct. However, there are many charges under the Student Code of Conduct that do not rise to criminal behavior, as well.