Skip to main content
Moravian College
Student Handbook

Student Code of Conduct

It is the responsibility of all students of Moravian College and Moravian Theological Seminary to know the information included in the Student Code of Conduct. The Code is reviewed and updated annually and as necessary to ensure compliance with the law and adherence to the values of the College. The College will make every effort to alert students to significant changes when they are made. The policies and procedures outlined in the Code are considered to be in effect once they have been posted to this web page. Questions or concerns should be addressed to the Office of Student Development.

The mission of the College states that Moravian College’s liberal arts education prepares each individual for a reflective life, fulfilling career, and transformative leadership in a world of change. The College’s vision is to challenge each individual, at all stages of life, with a revolutionary professional educational experience embedded within and strengthened by a liberal arts education in the service of self and community.

The Student Code of Conduct exists in part to ensure an environment conducive to the achievement of the College’s mission and vision. That is, when student behavior is impeding the College’s ability to carry out its function, the College is compelled to act to resolve the situation. Importantly, this action is not intended to be punitive but is embarked upon in order to protect the community while at the same time challenging students to examine their own behavior and its impact on others. In fact, in addition to supporting an environment conducive to the educational mission of the College, holding students accountable for violating the College’s community standards is a task that, in and of itself, is guided by the mission and vision of the College. To that end, the Code itself is designed to facilitate education, leadership development, reflection, and service of self and community.

In summary, the Student Code of Conduct defines the expectations of community membership that students and student organizations will be held accountable to and outlines the procedures the College will use when responding to alleged violations of these expectations. The resolution procedures are designed to be fair, equitable to all parties involved, and comply with the college’s legal responsibilities.

The basic philosophy and approach to student conduct at Moravian College is one of education, focusing on student learning through individual growth and personal responsibility. Our overall goal is to help and encourage students to be successful citizens of the community. Students take many steps through life’s journey that positively contribute to this goal, but there will invariably be some missteps as well. Violations of College policy as outlined in the the Community Standards section of the Code can be considered steps away from the individual's goals and from the Moravian College community.

It is natural to compare the College's conduct process to the criminal and civil court proceedings familiar to many as a result of exposure to the news, popular culture, or actual personal experience. Although comparisons to the legal process can be useful in articulating where the systems are similar and where they differ, on the whole the College’s conduct process is designed for a different purpose and with different guiding principles.

The Student Code of Conduct applies to all individual students (undergraduate, graduate, and seminary), College-affiliated student organizations, and their guests. For the purpose of applying the Code, an individual is considered a student when they have accepted an offer of admission and made a deposit and as long as the student has a continuing educational interest in Moravian College. Therefore, if a student violates the Community Standards during a temporary leave of absence, whether voluntary or involuntary, the College reserves the right to apply the Code to that behavior. Additionally, a student who has permanently withdrawn or graduated from the institution may still be held accountable to the Code for behavior that occurred prior to the withdrawal or graduation, even if the information was not brought to the College's attention before the withdrawal or graduation occurred.

Unless otherwise specified in a particular Community Standard, the Code applies to behavior occurring on property owned or operated by the College or at College-sponsored or affiliated programs and events, including study abroad programs. The Code also applies to behavior that occurs off-campus if that behavior is determined by the College to:

  • Present a danger or threat to the health or safety of self or others, including any behavior that may violate the College's Respect for Self Community Standard
  • Infringe on the rights or property of self or others
  • Breach the peace and or cause social disorder
  • Be detrimental to the educational mission and/or interests of the College

The Code may also apply to behavior that occurs online, via email, or other electronic means. Although the College does not routinely search for policy violations online, if electronically shared information comes to the College’s attention, that information will be evaluated as to whether it violates the Community Standards and/or warrants further investigation.

Student hosts may be held accountable for violations committed by their guests.

If activities of students result in violations of law, students are responsible for their actions and any consequences imposed by authorities outside the College. When student behavior is in violation of law and of the Code, the College reserves the right to invoke the conduct process independent of and in addition to any action by civil or governmental agencies.

The privilege of being a student at Moravian College carries with it the responsibility of following standards of conduct in line with our institutional vision and shared values. Students at Moravian College are afforded the freedom to develop their interests and life choices, with the understanding that we are first and foremost an academic community - a community of teachers and learners - and that higher Community Standards take precedence over individual behavior that might disrupt or impair the community.

The Community Standards revolve around the value and importance of respect and include:

The Community Standards articulate behaviors that are prohibited or unacceptable because they do not align with the value of respect central to our community. These behavioral expectations should in all cases be interpreted broadly so as to meet the spirit and intent of the standards and should not be viewed, necessarily, as all-inclusive in nature.

Students and student organizations are expected to abide by the Community Standards described below. Information that suggests a violation or attempted violation of the Community Standards has occurred may result in the procedures outlined in the Code. It is every student's responsibility to be familiar with the policies and procedures in the Code. Ignorance of a published policy will not exempt a student from the accountability that results from not following it.

Respect for Academic Honesty

The Respect for Academic Honesty Community Standard is enforced by the Office of the Provost. The full articulation of the prohibited behaviors and the procedures used to resolve these situations can be found in the Academic Code of Conduct.

Respect for Self

For the purposes of this section, “public place” includes any college-owned outdoor property (including porches, patios, and yard) and all common areas of residence halls (hallways, lounges, TV rooms, etc.). In college-owned house-style units (e.g. townhouses, suites, houses) living rooms and other common areas only accessible by the residents of that unit are not considered public spaces.

  • Alcohol: Using, possessing or distributing alcoholic beverages or paraphernalia except as expressly permitted by the College's Alcohol policy. Specifically, students and student organizations (where applicable) may be held accountable for:
    • Underage Possession or Consumption: Purchasing, possessing, transporting, or using alcohol while under the age of 21.
    • Unauthorized Possession or Consumption: Possessing or using alcohol in an unauthorized location, including drinking in a public place.
    • Open Container: Possessing open containers of alcohol in a public place.
    • Providing Access to Minors: Providing alcohol to individuals who are under the age of 21, including by allowing unsupervised access or allowing underage drinking in a College residence.
    • Irresponsible Use: Hosting or encouraging drinking games or other reckless drinking behavior or being intoxicated in a public place.
    • Driving Under the Influence: Operating a motor vehicle while impaired by alcohol.
    • Paraphernalia: Possessing or using materials that promote irresponsible and high-risk consumption of alcohol on College property (kegs, funnels, pong tables, etc.)
    • Empty Containers: Displaying or possessing empty alcohol containers in College facilities while under the age of 21.
  • Drugs: Using, possessing or distributing illegal drugs and other controlled substances or drug paraphernalia except as expressly permitted by law. Specifically, students and student organizations (where applicable) may be held accountable for:
    • Possession or Use: Purchasing, possessing or using illegal drugs or controlled substances without a prescription.
    • Prescription Drugs: Purchasing, possessing or using prescription drugs without a prescription.
    • Paraphernalia: Possessing any item of drug paraphernalia that contains drug residue indicating prior use or when intent to use can be established.
    • Distribution or Sale: Distributing or selling illegal drugs or controlled substances or distributing or selling prescription medication without authorization.
    • Driving Under the Influence: Operating a motor vehicle while impaired by an illegal drug or controlled substance.

    Respect for Others

    • Bullying: Repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression. This includes behavior that occurs online (also known as cyberbullying).
    • Hazing: Actions or situations that recklessly or intentionally compromise the mental or physical health of students for the purpose of initiation, admission, or affiliation with the organization. Hazing includes but is not limited to brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or any forced activity that could adversely affect the physical health, safety, or mental health of the student, such as sleep deprivation, exclusion from social contact, actions that could result in embarrassment, or any other activity that could adversely affect the mental health or dignity of the student. For the purpose of this definition, any activity as listed in this definition (though not limited to these) upon which initiation or admission into or affiliation with the organization is directly or indirectly conditioned shall be presumed to be forced activity, the willingness of an individual to participate in such activity notwithstanding.
    • Harassment: Unwelcome conduct, whether verbal, physical, or visual, including stalking or cyber-stalking, based on a person's protected status, such as race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, veteran status, mental or physical disability, use of guide or support animals and/or mechanical aids, or any other basis prohibited by federal, state, or local law; and which has the effect of interfering unreasonably with another's work or academic performance, or creating an intimidating, offensive, or hostile environment. The definition of harassment, including examples, and the College's procedures for responding to such incidents are described more fully in the Harassment Policy.
    • Sexual Harassment: Unwelcome sexual or gender-based verbal, written, visual, online and/or physical conduct. The definition of sexual harassment, including a list of examples, and the College's procedures for responding to such incidents are described more fully in the Sexual Misconduct Policy. Sexual harassment occurs in two forms:
      • Quid pro quo sexual harassment exists when there are unwelcome sexual advances, requests for sexual favors, and other verbal, written, visual, online and/or physical conduct of a sexual nature; AND
        • When submission to such conduct is made, explicitly or implicitly, a term or condition of a community member's employment, education, or other participation in the community; OR
        • When submission to or rejection of such conduct is used as the basis for decisions affecting employment, education, or other participation in the community.
      • Hostile environment sexual harassment exists when unwelcome sexual or gender-based verbal, written, visual, online and/or physical conduct is sufficiently severe, persistent, or pervasive and objectively offensive that it has the effect of unreasonably interfering with, denying, or limiting an individual's employment opportunities or ability to participate in or benefit from the College's educational, social and/or residential programs and activities.
    • Sexual Assault: The definition of sexual assault, consent, and the College's procedures for responding to such incidents are described more fully in the Sexual Misconduct Policy. There are two categories of sexual assault that are violations of College policy:
      • Non-consensual sexual contact is any intentional sexual touching, however slight, with any body part or object, by any individual upon another, that is without consent and/or by force or coercion. Sexual contact includes any intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts or object, or making another touch you or themselves with or on any of these body parts. Sexual contact also includes any other intentional bodily contact in a sexual manner.
      • Non-consensual sexual penetration is any sexual penetration, however slight, with any body part or object, by any individual upon another, that is without consent and/or by force. Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, and oral copulation (mouth to genital or genital to mouth contact), no matter how slight the penetration or contact.
    • Sexual Exploitation: Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another in a way that does not otherwise constitute one of the other sexual violence definitions outlined in this policy. The definition of sexual exploitation and the College's procedures for responding to such incidents are described more full in the Sexual Misconduct Policy
    • Intimate Partner Violence: Intimate partner violence is any instance of violence or abuse (verbal, physical, or psychological) that occurs between those who are in or have been in an intimate relationship with each other. The definition of intimate partner violence and the College's procedures for responding to such incidents are described more full in the Sexual Misconduct Policy.
    • Stalking: Stalking is repetitive and menacing pursuit, following, or harassment of another that would cause a reasonable person to fear for their safety or the safety of others, or to experience substantial emotional distress. Stalking may include repeatedly following, harassing, threatening, or intimidating another by telephone, mail, electronic communication, or any other action, device, or method. The definition of stalking and the College's procedures for responding to such incidents are described more fully in the Sexual Misconduct Policy.
    • Physical Harm: Intentionally or recklessly causing physical harm or endangering the health or safety of any person or group of people.
    • Threatening Behaviors: Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property or a reasonable fear of harm.
    • Hindering Freedom of Expression or Movement: Hindering freedom of expression or of movement of any member of the community or guest of the institution.
    • Disruptive Behavior: Exhibiting verbal, written, or physical actions that cause a substantial disruption to the orderly operation of the College, including but not limited to obstruction of teaching, research, college administration, college events and activities, and residential living.
    • Inappropriate Public Conduct: Deliberately and publicly exposing one's intimate body parts, urinating or defecating in public, and engaging in public sexual activity.
    • Interfering with the Rights of Others: Interfering with the rights of others to enter, use, or leave any institutional facility, service, or activity to which they have been accorded access.
    • Invasion of Privacy: Failing to respect the privacy of others.
    • Retaliation: Any intentional adverse action taken by a responding individual or allied third party against an individual who is participating or is perceived to be participating in some way in the conduct process including, but not limited to, by making a report or participating in an investigation, or hearing.

    Respect for Safety

    • Hazardous Materials: Possessing, using or distributing explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons and pellet guns), or other weapons or dangerous objects such as arrows, axes, machetes, nun chucks, throwing stars, or knives (other than ordinary pocket knives carried in a closed position with a blade less than three inches in length or cutlery of reasonable size when used or stored in a kitchen or other food preparation area), including the storage of any item covered under this section in a vehicle parked on College property.
    • Hazardous Behavior: Creating a health or safety hazard including, but not limited to, dangerous pranks, tampering with electrical equipment, hanging out of or climbing from, to, or on window, balconies, roofs, etc.
    • Bonfires: Lighting or being present during a bonfire or open pit fire on College property.
    • Smoking: Smoking or vaping in any campus building or within five feet of any campus building entrance.
    • Door Propping: Propping open exterior or fire doors.
    • Tampering With Emergency Communication Systems: Tampering with or damaging emergency communication equipment including, but not limited to, common area telephones, exterior emergency phones, or the lines associated with them.
    • Tampering With Safety Equipment: Tampering with or abusing of any fire or safety equipment including, but not limited to, alarms, alarm protectors, fire safety devices (smoke detectors or CO2 detectors), fire extinguishers or video security cameras.
    • Failure to Evacuate: Failing to exit immediately any building when an alarm has been activated.

    Respect for Property

    • Copyright Infringement: Downloading or sharing of copyrighted materials without authorization.
    • Destruction or Damage: Destruction or damage of personal or institutional property
    • Electronic Information and Telecommunications Misuse: Misusing or using without authorization the institution's electronic information and telecommunication systems including violations of the Computing Resources Policy.
    • Embezzlement: Embezzlement or misuse of institutional or student organization funds.
    • Misuse of Documents: Possessing, using, duplicating, transferring, or sharing any official document (e.g. parking permit, doctor’s note) that allows for the unauthorized use of that document.
    • Misuse of Keys: Possessing, using, or duplicating keys without authorization.
    • Misuse of Student ID: Possessing, using, or duplicating a College-issued student ID card belonging to another or allowing another to use, possess, or duplicate your College-issued student ID card. This includes leaving an ID Card unattended in a public place accessible for other individuals to use to access a residence hall.
    • Taking of Property: Intentionally taking property belonging to another person or entity without authorization including goods, services, and other valuables.
    • Stolen Property: Knowingly taking or maintaining possession of stolen property.
    • Unauthorized Use of Credentials: Possessing or using an account, access code, or credentials assigned to another.
    • Unauthorized Use of Property or Equipment: Misusing or using without authorization of property or equipment belonging to another person or entity.
    • Unauthorized Entry: Trespassing or making unauthorized entry into buildings or rooms.

    Respect for Moravian College

    • Failure to Complete Sanctions: Failing to complete sanctions imposed by a Case Administrator or Discipline Review Committee.
    • Failure to Comply: Failing to comply with reasonable requests of College agents, including student staff, acting in their official capacities or of law enforcement or emergency personnel. Refusing to submit to a Breathalyzer will be considered a violation of this policy. 
    • Failure to Produce ID: Failing to produce College ID upon request of College agents, including student staff, acting in their official capacities or of law enforcement or emergency personnel.
    • Falsification: Knowingly furnishing or possessing false, falsified or forged materials or documents.
    • Dishonesty: Providing false information to a College agent, including student staff, acting in their official capacities or of law enforcement or emergency personnel.
    • Soliciting: Soliciting on College property without proper approval from the proper office. Information about approval can be found in the Fundraising and Sales policy.
    • Complicity: Aiding another in committing an act in violation of the Code
    • Impeding Conduct Process: Interfering with the student conduct process in any way including, but not limited to:
      • Falsifying, distorting, or misrepresenting information.
      • Attempting to discourage an individual's proper participation in, or use of, the conduct process.
      • Harassing or intimidating an individual involved in the process prior to, during, or following the process.
    • Ineligible Pledging or Association: Pledging or participating in recruitment or member-only activities with an organization without having met eligibility requirements established by the College or the individual organization.
    • Responsibility for Guests: Students may be held accountable for violations committed by their guests.
    • Residence Life Policy Violation: Violations of the residence hall policies that are not otherwise violations of the Code may be referred to the Office of Student Development and result in a conduct allegation.
    • Other College Policy Violation: Violations of any College policy not otherwise specified in the Code may be referred to the Office of Student Development and result in a conduct allegation.

    Respect for the Law

    • Violation of Law: Any behavior that violates local, state, or federal law that is not otherwise a violation of college policy.
    • Failure to Report Citation or Arrest: Failure to accurately report an off-campus citation or arrest by any law enforcement agency for any crime to the institution within 72 hours of release from custody. This includes all summary, misdemeanor, and felony offenses. Reports should be made to the director of student development in the Office of Student Affairs regardless of final disposition.

    The student conduct process is designed to be fair and equitable to all involved parties. This section outlines the procedures that are typically used to resolve alleged violations of the Community Standards. It should be noted, however, that not all situations are of the same severity or complexity. Therefore, these procedures are subject to alteration, with appropriate notice and explanation, to make sure that an incident can be resolved in the spirit of the Code. 

    This section includes the rights and responsibilities of all parties as well as the grounds and procedures for appealing the outcome of a case. As indicated elsewhere in the Code, the rights afforded and procedures used should not be confused with those commonly applicable to criminal or civil proceedings. The focus of the process is the alleged behavior, its impact on all involved parties, and determining an outcome that balances the safety of the community with the opportunity for all parties to learn, grow, and be healed appropriately. These goals will not be ignored as a result of technical or procedural concerns that can be addressed or corrected in a fair manner.

      Authority and Roles

      Responsibility for administration of the Student Code of Code Conduct rests with the dean of students/vice president for student affairs. Although subject to change as necessary in order to properly administer the Code, the dean of students has delegated this authority to the following staff:

      Director of Student Development: This individual is tasked with the day-to-day operation of the student conduct process including receiving information of alleged violations of policy, determining which allegations apply, identifying the appropriate process for resolution, and assigning an individual or committee to carry out the resolution process. This person is also responsible for coordinating training for all individuals carrying out these procedures and coordinating the completion of sanctions assigned through the process. The director of student development, or a designated Case Administrator, also attends all hearings before the Discipline Review Committee to ensure the procedures in the Code are properly implemented.

      Case Administrator: The director of student development may identify individuals to be trained to serve as individual Case Administrators. These individuals can be assigned a case and will meet individually with the student(s) or student organization to determine if the respondent is responsible for the allegation(s) and, if so, determine an appropriate outcome. The director of student development also serves as a Case Administrator for conduct cases.

      Discipline Review Committee: The director of student development recruits and trains a group of faculty, staff, and students to serve as members of the Discipline Review Committee. The director of student development has the authority to determine which cases will be resolved before the Discipline Review Committee and selects one faculty member, one staff member, and one student from the group to serve on each case. Members of the Discipline Review Committee are also trained to serve on Appeal Boards.

      Appellate Officer: The dean of students and director of student development will identify an individual or individuals to receive appeals submitted by students or student organizations following a Conduct Meeting or Discipline Review Committee and determine if there are grounds to change the original outcome, refer the appeal to an Appeal Board, or remand the case back to the original Case Administrator or Discipline Review Committee for further consideration.

      Appeal Board: The appellate officer may refer an appeal to an Appeal Board for further consideration. One faculty member, one staff member, and one student are selected from among the Discipline Review Committee members to serve on an Appeal Board. The selected members will not be the same individuals that participated in an earlier stage of that particular case.

        Procedural Rights

        The following procedural rights apply to all students and student organizations involved in the student conduct processes described in the Code. The respondent is the individual alleged to have violated a community standard outlined in this Code. The complainant is the individual(s) directly impacted by the respondent’s alleged violation.

        Rights of the Respondent

        • The right to a fair and impartial process.
        • The right to be notified of the allegations in advance of any Conduct Meeting or Discipline Review Committee.
        • The right to be notified of the date, time, and location of any Conduct Meeting or Discipline Review Committee.
        • The right to have the decision of responsibility in the case be determined on a more likely than not standard, based on the information presented at the Conduct Meeting or Discipline Review Committee.
        • The right to request reasonable accommodations, including language translation or interpretation services, in order to allow for participation in the process.
        • The right to be accompanied to any meeting related to the conduct process by an individual chosen by the respondent who may provide support but not participate directly in the process. In cases other than those involving allegations of sexual misconduct, the individual must be a member of the faculty, administration, or student body. Individuals other than those listed above, including but not limited to family members and attorneys, will not be admitted except in cases involving allegations of sexual misconduct.
        • The right to be present during any Conduct Meeting or Discipline Review Committee where information is being presented.
        • The right to elect not to attend a Conduct Meeting or Discipline Review Committee. In such cases, a decision will be based solely on the information available to the Case Administrator or Discipline Review Committee.
        • The right to know and respond to all information used to make a determination regarding responsibility for the allegation(s).
        • The right to respond to questions and provide information for consideration of the Case Administrator or Discipline Review Committee.
        • The right to present witnesses (of fact, not character) and to ask questions of anyone present at the hearing (witnesses are typically involved only at the Discipline Review Committee level).
        • The right to not answer questions or provide a statement. In such cases, a decision will be based solely on the information available.
        • The right to be notified in writing of the outcome of any Conduct Meeting or Discipline Review Committee, including any sanctions imposed.
        • The right to request an appeal of the outcome of the hearing in accordance with the procedures in the Code.

        Rights of the Complainant

        • The right to a fair and impartial process.
        • The right to be notified of the allegations in advance of any Conduct Meeting or Discipline Review Committee.
        • The right to be notified of the date, time, and location of any Conduct Meeting or Discipline Review Committee.
        • The right to have the decision of responsibility in the case be determined on a more likely than not standard, based on the information presented at the Conduct Meeting or Discipline Review Committee. 
        • The right to request reasonable accommodations, including language translation or interpretation services, in order to allow for participation in the process.
        • The right to be accompanied to any meeting related to the conduct process by an individual chosen by the complainant who may provide support but not participate directly in the process. In cases other than those involving allegations of sexual misconduct, the individual must be a member of the faculty, administration, or student body. Individuals other than those listed above, including but not limited to family members and attorneys, will not be admitted except in cases involving allegations of sexual misconduct.
        • The right to be present during any Conduct Meeting or Discipline Review Committee where information is being presented.
        • The right to elect not to attend a Conduct Meeting or Discipline Review Committee. In such cases, a decision will be based solely on the information available to the Case Administrator or Discipline Review Committee.
        • The right to know and respond to all information used to make a determination regarding responsibility for the allegation(s).
        • The right to respond to questions and provide information for consideration of the Case Administrator or Discipline Review Committee.
        • The right to present witnesses (of fact, not character) and to ask questions of anyone present at the hearing (witnesses are typically involved only at the Discipline Review Committee level).
        • The right to not answer questions or provide a statement. In such cases, a decision will be based solely on the information available.
        • In cases involving allegations of violence, the right to be notified in writing of the outcome of any Conduct Meeting or Discipline Review Committee, including any sanctions imposed that relate to the complainant.
        • In cases involving allegations of sexual misconduct, the right to be notified in writing of the outcome of any Conduct Meeting or Discipline Review Committee, including any sanctions imposed that relate to those allegations.
        • In cases involving allegations of sexual misconduct, the right to request an appeal of the outcome of the hearing in accordance with the procedures in the Code.

        Notice of Alleged Violation(s)

        Anybody with information about a potential violation of the Community Standards has the right to bring that information forward. Information may be provided to the Office of Student Development, the Moravian College Police Department, or the Title IX Coordinator (when applicable). Depending on the circumstances, the College may move forward with an allegation that a student or student organization has violated the Code based on the information provided. The College may also work with the reporting party to explore informal resolution options, when appropriate.

        There is no time limit on reporting violations of the Code but as time passes, it may become more difficult for the College to obtain information to make a determination regarding the violation. Timely reporting is, therefore, encouraged but not required.

        The College will review all information provided, including anonymous reports. Much like delayed reporting, anonymous reports may limit if and how the College responds. The College will make its best effort to investigate and respond to all complaints received.

        Amnesty

        Moravian College takes the health and safety of its community members very seriously and expects students to look out for one another’s well-being. The College recognizes that students who have been drinking and/or using drugs may be hesitant to call for assistance for themselves or others due to fear of potential consequences for their own conduct. Therefore, students and organizations that act in good faith to provide assistance to an individual by contacting the proper authorities will not be subject to student conduct allegations for alcohol and/or drug use at the time of the incident.

        Although students who make good faith reports will not be subject to formal conduct allegations, students may be required to meet with an administrator to discuss the incident and complete additional educational or developmental requirements.

        Interim Action

        In certain circumstances, the director of student development or designee may impose restrictions including, but not limited to, a College or residence-hall suspension, a transcript hold, or a degree hold prior to the final outcome of a case. Interim action may be imposed to ensure the safety and well-being of the members of the College community and to preserve the safety of College property, to ensure the student's own physical or emotional safety and well-being, or to ensure normal operation of the College if the student poses a threat of disruption. Although interim action may be deemed necessary, the College will work with the impacted student to identify if any options exist for alternative coursework so that the interim action has as minimal an impact as possible on the student's academic progress.

        Investigation

        Depending on the circumstances, the initial information received by the Office of Student Development may require additional investigation. Investigations may be carried out by the director of student development or designee, Campus Safety and Police, or the Title IX Coordinator or designee.

        The purpose of the investigation is to gather enough information for the director of student development to determine what, if any, resolution process will be employed. Investigations may involve collecting written statements, conducting interviews, reviewing documentation, or other methods.

        If a complainant is involved, the director of student development or designee will work with the complainant to determine how they would prefer the situation be resolved. Whenever possible, the complainant's preference for resolution will be respected. In some situations, however, the College may determine that it must utilize a certain resolution process regardless of the complainant's request.

        Except under emergency circumstances and as necessary to conduct repair and maintenance or secure College property, premises occupied by students and their personal possessions will not be searched unless authorization has been obtained from the Office of Student Affairs or an appropriate legal authority. Such authorization must be requested and granted before a search is conducted. If possible, the student should be present during the search. Students may also authorize a search of their occupied premises or personal possessions.

        Allegations

        Once information has been received and an investigation has been conducted as necessary, the director of student development will review the information to determine if there is reasonable cause to allege a violation of policy. Reasonable cause means that some credible information exists to support the allegation. A complaint wholly unsupported by any credible information will not lead to an allegation. 

        If reasonable cause is determined to exist, the director of student development will determine which process will be used. A respondent may then receive a written allegation letter explaining which policy or policies are alleged to have been violated and the process that will be used to resolve the allegation.

        Concurrent Criminal Proceedings

        Although the student conduct process is separate from and serves a different purpose than the criminal and civil processes, some behaviors that result in a student conduct process may also subject a respondent to criminal or civil proceedings. The College process will typically proceed at its regular pace, independent of any outside process.

        A respondent facing both conduct allegations and criminal charges that would like to delay the College's conduct process until criminal charges are resolved may request a voluntary leave of absence. If the College agrees to delay its process, the respondent must agree to and follow through on the following conditions:

        • The respondent must comply with all interim restrictions imposed during the leave of absence
        • The College's conduct process must be completed and the respondent must comply with any sanctions imposed prior to being reinstated as a student

        The College reserves the right to deny the request and proceed with its process regardless of any outside proceedings.

        Resolution Options

        Conflict Resolution Services

        At the discretion of the director of student development, informal conflict resolution options may be offered in lieu of or in addition to the formal procedures outlined below. A variety of conflict resolution procedures may be employed including, but not limited to, restorative practices, facilitated dialogue, or mediation. All parties must agree to participate and can choose to withdraw at any time. Situations that would not otherwise result in a conduct process (because there is not reasonable cause to warrant an allegation or because the behavior(s) involved are not in violation of the Code) may also be eligible for conflict resolution services. Community members interested in exploring a non-conduct conflict resolution process should contact the Office of Student Development for more information.

        Note: Cases involving sexual assault are not eligible for mediation as the sole resolution process.

        Conduct Meeting

        In most cases where an allegation has been placed, a respondent will be invited to attend a Conduct Meeting with a Case Administrator. Typically, these are situations where the respondent admits the violation, the information is relatively straightforward, and/or there are no complicating factors. The respondent will be granted all the rights and responsibilities articulated in the Code with respect to this meeting.

        If the respondent accepts responsibility for the allegation(s), the Case Administrator will determine appropriate sanctions in accordance with the sanctions section of the Code. If the respondent denies responsibility for any or all of the allegations, the Case Administrator may first determine if it is more likely than not, based on the information at their disposal, that the respondent violated those allegations.

        In cases where the Case Administrator determines that the respondent is not responsible for all allegations (and there is no complainant that has a right to appeal the decision), the process will end.

        In some cases where the respondent denies responsibility, the case may be referred to a Discipline Review Committee for a formal hearing.

        Discipline Review Committee

        Cases involving more serious violations of the Code, repeat violations, complicating factors and situations that may result in suspension or expulsion will typically be heard by a Discipline Review Committee. The best judgment of the director of student development will prevail to determine if a Discipline Review Committee best meets the needs of the circumstances involved in the case. The parties will be granted all the rights and responsibilities articulated in the Code with respect to this hearing.

        Prior to a hearing before the Discipline Review Committee, the respondent (and complainant, if applicable) will be provided an opportunity to meet with the director of student development to review the information that will be presented at the hearing and to discuss the procedures. The parties will also have an opportunity to identify witnesses they would like to have present at the hearing, submit additional information for consideration, and raise a concern about a potential conflict of interest with a member of the Discipline Review Committee.

        The hearing is coordinated and conducted by the director of student development or designee. Procedural questions raised by any party are subject to the final decision of the director of student development. 

        Discipline Review Committee hearings will typically follow the following procedures:

        1. The director of student development will read the allegation(s) and the respondent may choose to accept or deny responsibility for each allegation individually.
        2. The complainant (if applicable) may make an opening statement followed by questions from the committee and respondent.
        3. The respondent may make an opening statement followed by questions from the committee (and complainant, if applicable).
        4. Witnesses will be called individually by the College, the complainant (if applicable), and the respondent and may make a statement followed by questions from the committee, the complainant (if applicable) and the respondent.
        5. Following all witnesses, the committee may address additional questions to the respondent (and complainant, if applicable).
        6. The complainant (if applicable) may make a closing statement followed by questions from the committee and respondent. 
        7. The respondent may make a closing statement followed by questions from the committee (and complainant, if applicable). 

        Once all information has been presented, the hearing will be adjourned and the committee will enter a closed deliberation. The committee will determine if it is more likely than not that the respondent violated each allegation. In cases where the committee determines that the respondent is not responsible for all allegations (and there is no complainant that has a right to appeal the decision), the process will end. If there is a finding of responsible for at least one allegation, the director of student development will provide any additional information to the committee that may be relevant to the sanction, including the outcome of any prior conduct cases where the respondent was found responsible for violating policy. The committee will then continue its closed deliberation until sanctions have been determined in accordance with the sanctions section of the Code. Decisions of the committee must be supported by the majority of the members of the committee.

        Sanctioning Hearing

        The respondent may choose to accept responsibility for all allegations prior to a Discipline Review Committee. In this case, the Discipline Review Committee will have a sanctioning hearing rather than a full hearing as described above. If a respondent elects to have a sanctioning hearing, information about past conduct violations that would ordinarily be withheld until the committee has made a determination regarding responsibility will be provided to the committee in advance of the hearing for their consideration. Witnesses may still be called to present at the discretion of the director of student development if discrepancies over the specifics and severity of the violation(s) remain.

          Notification of Outcome

          Respondents will receive an outcome letter following a Conduct Meeting or Discipline Review Committee. The outcome letter will include the finding for each allegation and any sanctions imposed. Copies of outcome letters are placed in the respondent's file. When parent/guardian notification is part of the sanction, a copy of this letter is also sent to the parent/guardian address on file.

          Complainants in cases involving violence will receive notification of the finding related to the allegation of violence and any sanctions imposed that relate to the complainant. Complainants in cases involving sexual misconduct will receive notification of the finding and all sanctions related to the allegation of those violations.

          Appeals

          The respondent (and the complainant in cases involving sexual assault, domestic violence, dating violence, or stalking) has the right to request an appeal once a Case Administrator or Discipline Review Committee has rendered a decision. Instructions for submitting an appeal request will be provided in the outcome letter. Appeal requests must be submitted by 4 pm on the seventh calendar day following the delivery of the outcome letter. The appeal request must include:

          • The stated ground(s) for appeal (see below)
          • Information that supports the stated ground(s)
          • The intended outcome the appellant is requesting

          The appellate officer will evaluate the written appeal to determine whether grounds exist. To do so, the appellate officer may consult with all parties involved in the original resolution process as necessary.

          Appeal requests are limited to the following grounds:

          • To determine if a violation of the College’s procedures occurred that substantially impacted the original outcome.
          • To consider new information, unavailable at the time the original decision was made, that would have substantially altered the original outcome.
          • To evaluate whether the sanction(s) are substantially disproportionate to the severity of the violation and/or cumulative conduct record of the appellant.

          In cases where the appellate officer determines that grounds do not exist, the original decision will be final.

          Appeals of cases for which grounds have been recognized by the appellate officer are generally heard by an Appeal Board appointed by the director of student development or another Case Administrator. The Appeal Board can modify the original outcome, remand the case to the original Case Administrator or Discipline Review Committee with clear instructions for reconsideration only in light of the granted appeal grounds, call for the case to be re-heard by a new Case Administrator or Discipline Review Committee (which can then be appealed again through this process), or uphold the original outcome.

          Decisions of the Appeal Board are final. Appeals are not re-hearings. The appellate officer or Appeal Board will not substitute their judgment for the judgment of the original Case Administrator or Discipline Review Committee.

            While an appeal is pending, all sanctions imposed by the Case Administrator or Discipline Review Committee remain in effect. All parties involved will be timely informed of the status of requests for appeal, its referral to an Appeal Board, and the outcome of the appeal.

            Sanction Philosophy

            As stated above, the basic philosophy and approach to student conduct at Moravian College is one of education, focusing on student learning through individual growth and personal responsibility. Our overall goal is to help and encourage students to be successful citizens of the community. Students take many steps through life’s journey that positively contribute to this goal, but there will invariably be some missteps as well. Violations of College policy as outlined in the Code represent steps away from the institution and its values, which can ultimately lead a student to be suspended or expelled.

            Although some situations may be so serious that they warrant a suspension or expulsion on their own, most represent only a step in that direction. It is the College's sincere hope that suspensions and expulsions will be rare occurrences. To that end, the conduct process is designed to provide resources that are intended to help students remain successful in the Moravian College community. These resources include the interactions a student has with a Case Administrator or Discipline Review Committee as well as the variety of standard and individualized developmental sanctions that may be required as a result of the process. Developmental sanctions are seen as a partnership between the student and the College. Active engagement in the sanctions is necessary for the benefits to be gained.

            In addition to developmental sanctions, students may also be required to fulfill certain obligations resulting from their actions including, but not limited to, monetary restitution, housing relocation, other campus restrictions or fines imposed for certain violations.

            Finally, although developmental sanctions are intended to support a student in avoiding future involvement with the conduct process that may ultimately result in suspension or expulsion, it is important that students know where they stand with respect to that potential outcome. Therefore, warning statements are often explained and included in the outcome letter to indicate the types of behaviors that would likely result in a future suspension or expulsion.

            Sanction Menu

            If a respondent has been found responsible for violating one or more of the Community Standards, the Case Administrator or Discipline Review Committee must determine an appropriate set of outcomes. Although there are some outcomes that are considered standard in certain situations (such as fines, parent/guardian notification, and suspension or expulsion) our overall approach to developmental sanctioning is based on responding to the needs of the parties and the situation. The Case Administrators and Discipline Review Committee have at their disposal a broad menu of options to choose from and therefore endeavor to create an individualized package of sanctions that best fit the needs of the case.

            The sanction package, which is documented in an outcome letter sent to the student, may include any combination of the following:

            • AlcoholEDU for Sanctions: This online course is designed to teach students about the effects of alcohol on the body and mind, and to assist students in making safer and healthier decisions regarding alcohol use.
            • Think About It - Alcohol: This online course reviews tips for making healthy decisions around alcohol and addresses common misconceptions about alcohol's role in college life.
            • Think About It - Drugs: This online course challenges students to reflect on why they use drugs and whether the underlying causes of their drug use can and should be addressed with safer, healthier alternatives.
            • BASICS: The Brief Alcohol Screening and Interventions of College Students (BASICS) helps to reduce problem drinking by enhancing motivation to change, promoting healthier choices, reviewing myths and facts about alcohol, and teaching coping skills to moderate drinking. BASICS consists of two, one-on-one sessions with a counselor. Prior to the counseling sessions, students complete an online alcohol assessment.
            • CASICS: The Cannabis Screening and Brief Intervention for College Students (CASICS) helps students to evaluate their marijuana use, explore personal risks and consequences, and to identify skills for moderation or abstinence. CASICS consists of two, one-on-one sessions with a counselor. Prior to the counseling sessions, students complete an online marijuana assessment.
            • CHOICES About Alcohol: CHOICES about Alcohol is a group experience with other students that focuses on alcohol use. CHOICES consists of three 60-minute sessions that are facilitated by a counselor. Prior to the group sessions, students complete an online alcohol assessment.
            • Substance Use Assessment: The student must complete an alcohol and/or drug use assessment by attending two sessions at the College's Counseling Center. It is strongly recommended that the student follow any recommendations for treatment made by the counselor. The student may choose to submit proof that this sanction was completed with an outside agency in lieu of attendance at the College's Counseling Center.
            • Counseling Center Consultation: The student may be required to visit the College's Counseling Center in order to become more familiar with this important campus resource. After the initial meeting, the student may decide if they wish to continue to attend the counseling center on an ongoing or sporadic basis. The student may choose to submit proof that this sanction was completed with an outside agency in lieu of attendance at the College's Counseling Center.
            • Counseling Sessions: The student may be required to attend a specified number of meetings at the College's Counseling Center. After the required meetings, the student may decide if they wish to continue to attend the counseling center on an ongoing or sporadic basis. The student may choose to submit proof that this sanction was completed with an outside agency in lieu of attendance at the College's Counseling Center.
            • Values in Action Workshop: This workshop meets for two sessions and is designed to help students think more critically about how they live their values and the impact their actions have on themselves and others.
            • Mentor Experience: Students will be assigned to meet regularly with a faculty or staff member. The mentor/mentee pair will co-create goals for their time together and identify ways they will achieve those goals by engaging in a variety of activities.
            • Service Experience: Students will be assigned to complete a certain number of service hours with a specific service site. This program includes completion of reflection exercises designed to help the student make meaning out of their experience as they become more connected to the Moravian College community.
            • Written Assignment: Students may be required to complete a written assignment designed to facilitate learning and/or self-reflection.
            • Other Developmental Sanctions: Case Administrators and Discipline Review Committees may create other opportunities for learning or growth designed to meet the needs of a particular student or situation.
            • Other Requirements: Case Administrators and Discipline Review Committees may identify additional requirements that are appropriate for a particular case.
            • Housing Reassignment: A student may have their housing assignment changed. The details of the change will be coordinated by the Office of Housing & Event Management.
            • Housing Suspension: A student may lose the privilege of residing in College housing for a specified period of time. During a housing suspension, students may not be present in any College residential facility without permission from the Office of Student Affairs. Students must vacate College housing and return their room key(s) within 48 hours. 
            • Housing Expulsion: A student's privilege of residing in College housing is permanently revoked. The student may not be present in any College residential facility without permission from the Office of Student Affairs. Students must vacate College housing and return their room key(s) within 48 hours. 
            • Other Restrictions: A student may be restricted from involvement in specific programs, events, services, locations on campus, or otherwise lose any privilege typically afforded Moravian College students that is deemed appropriate for the situation. Restrictions may be permanent or for a specified period of time.
            • Parent/Guardian Notification: A copy of the outcome letter will be sent to the parent/guardian address on file. Parent/guardian notification is typically used in cases involving alcohol or drugs when a student is under the age of 21 and is intended to invite the parent/guardian to partner with the College and the student in achieving their goals. The College reserves the right to send parent notification for other situations as allowed by law.
            • Parent/Guardian Conference: A College administrator will request a conversation with the student's parent/guardian to discuss concerns about the student's success and strategies that can be used to support the student in achieving their goals. The student may choose to participate in this conversation.
            • Fines: Fines may be imposed for certain violations. Fines are intended to represent, in financial terms, the impact violations of certain policies have on the community as a whole. Students make amends by contributing to the community efforts to reduce these behaviors. Guidelines for fines are outlined in this section of the Code.
            • Restitution: When a violation results in damage or financial loss or cost to the College, the student may be required to repay that amount.
            • Warning Statement: A statement may be included in the respondent's outcome letter to specify likely sanctions that may occur for subsequent violations of the Community Standards. This is primarily used to make clear to a student what behaviors may result in suspension or expulsion from the College so that those behaviors can be avoided.
            • Suspension: A student may be suspended from the College for a specified period of time, after which the student is eligible to return. During the suspension, students may not be present on any College property or participate in any College sponsored programs or services without permission from the Office of Student Affairs. Students must vacate the campus (including returning their room key(s), if living in College housing) within 48 hours. Students returning from suspension must meet with an administrator in the Office of Student Affairs within the first 2 weeks of their return to discuss their time away, plans for success, and any outstanding conduct sanctions. When a student is suspended as a result of a conduct process, a non-academic suspension note will be included on the student’s academic transcript.
            • Expulsion: Once expelled, a student is no longer eligible to be enrolled at or graduate from the College. An expelled student may not be present on any College property or participate in any College sponsored programs or services without permission from the Office of Student Affairs. Students must vacate the campus (including returning their room key(s), if living in College housing) within 48 hours. Expulsion is permanent. When a student is expelled as a result of a conduct process, a non-academic expulsion note will be included on the student’s academic transcript.

            It should be noted that the College refund policy directs that when a student has been suspended or expelled from the College for disciplinary reasons, refunds are not available except for a pro-rated board refund. Further, if disciplinary action results in the loss of any College or College-contracted service for the student, no refund except pro-rated board is available, unless required by federal, state, or other regulations.

            Sanction Menu for Student Organizations

            Although many of the sanctions listed above may be applied to student organizations as well as individuals, the following additional sanctions may be used especially for student organizations:

            • Meeting with College Administrator: The organization and its members may be required to attend a meeting with a designated College administrator.
            • Loss of Ability to Participate in Events: The organization will lose its ability to participate in College events or programs for a specified period of time. For Fraternities and Sororities, this includes any Greek Life events.
            • Closing of House: For organizations that have a residential facility, the house may be closed by the College and residents required to be relocated for a specified period of time.
            • De-recognition: The organization will not be considered an active organization for a specified period of time and will lose all privileges associated with being a recognized student organization at Moravian College.

            Sanction Guidelines

            Below is an outline of how the College typically assigns fines, suspensions, and expulsions. These sanctions may be applied in addition to a package of developmental sanctions as described above. "NA" means that a fine, suspension, or expulsion is not typical in that circumstance.

            These are intended to be guidelines and are flexible given extenuating circumstances. Only violations that typically receive fines or result in suspension or expulsion are included in the chart below. Violations that are not listed here may still result in these outcomes if deemed appropriate based on the circumstances. A student's prior conduct history, the severity of the violations, compound violations, student cooperation, and other factors such as community impact, elevated BACs, and hospitalization due to substance use may be taken into account when deciding how to apply these guidelines.

            Policy Violation 1st
            Offense
            2nd
            Offense
            3rd
            Offense
            Failure to Complete Sanctions $25 Fine $50 Fine

            $100 Fine

            Suspension

            Alcohol Violations

            Irresponsible Use; Paraphernalia (use); Providing Access to Minors; Driving Under the Influence

            $100 Fine $200 Fine

            $400 Fine

            Suspension

            Underage Possession or Consumption $50 Fine $100 Fine $200 Fine
            Unauthorized Possession or Consumption; Paraphernalia (possession); Open Container; Empty Containers $25 Fine $50 Fine $100 Fine
            Drug Violations
            Distribution or sale Suspension Expulsion NA
            Possession or Use (marijuana); Paraphernalia NA NA Suspension
            Possession or Use (illegal drugs or controlled substances other than marijuana); Prescription Drugs; Driving Under the Influence NA Suspension Expulsion
            Sexual Misconduct Violations
            Non-consensual sexual intercourse Expulsion NA NA
            Non-consensual sexual contact Suspension Expulsion NA
            Sexual Exploitation Suspension Expulsion NA
            Intimate Partner Violence Suspension Expulsion NA
            Stalking Suspension Expulsion NA
            Sexual Harassment Suspension Expulsion NA
            Other

            Hazardous Materials (use)

            Suspension Expulsion NA
            Hazardous Materials (possession without use) NA Suspension Expulsion
            Tampering With Safety Equipment $200 Fine

            $400 Fine

            Suspension

            Expulsion
            Failure to Evacuate $100 Fine $200 Fine $400 Fine
            Taking of Property NA Suspension Expulsion
            Stolen Property, Destruction or Damage NA NA Suspension
            Physical Harm Suspension Expulsion NA

            Sanction Guidelines for Student Organizations

            Below is an outline of how the College typically assigns sanctions to student organizations. These are intended to be guidelines and are flexible given extenuating circumstances. An organization's recent conduct history, the severity of the violations, compound violations, organization cooperation, and other factors may be taken into account when deciding how to apply these guidelines. Additional sanctions may be applied as appropriate.

            The following guidelines will be considered in situations including, but not limited to:

            • Failure to comply with staff or Campus Police
            • Failure to follow registered social event procedures
            • Failure to respect property
            • Noise complaints
            • Prohibited items and/or safety violations in common areas

            1st Offense

            2nd Offense

            3rd Offense

            Policy Violation during College-Approved Registered Event

            $50 fine

            $100 fine; meeting with College administrator

            $300 fine; loss of ability to participate in events (i.e. Greek Week) for the remainder of the semester

            Policy Violation at Any Other Time

            $150 fine

            $300 fine; meeting with College administrator

            $450 fine; loss of ability to participate in events (i.e. Greek Week) for the remainder of the semester

            Additional violations could result in

            • Fines to be determined
            • Closing of house and relocation of all residents for remainder of academic year
            • De-recognition

            Failure to Complete Sanctions

            As expressed in the sanction philosophy, sanctions require the active engagement of students in order for their benefit to be achieved. Students who fail to complete their sanctions as outlined in their outcome letter may be subject to another conduct process for violating the Community Standards. If found responsible, additional sanctions may be applied. Continued failure to complete sanctions may result in suspension or expulsion from the College.

            Records related to the processes outlined in this code are maintained indefinitely by the Office of Student Development are considered part of a student’s educational record as defined by the Family Educational Rights and Privacy Act (FERPA) and may be released in certain circumstances as allowed by that law. The College will comply with requests for release of these records in accordance with FERPA when a current or former student seeks admission to another institution of higher education for a period of seven years following a student's last date of attendance for most cases and indefinitely in cases involving expulsion.

            For typical records requests, this will include answering standard questions such as whether a student has been found responsible for violating College policy or whether a student is eligible for re-enrollment. When release of a student’s conduct history is necessary, the release will include the following information for each incident where the student was found responsible for a policy violation:

            • Date of incident
            • Allegation(s) resulting in responsible finding
            • Suspension or Expulsion sanctions with effective dates (if applicable)
            • Sanction status (In Progress, Incomplete/Overdue, Complete)

            It is not the practice of the Office of Student Development (except when required by law) to provide information to outside entities related to the following:

            • Situations where no allegations were formally made
            • Cases that resolve without a finding of “responsible”

            Examples:

            • November 1, 2015: Underage consumption of alcohol; suspended for Spring 2016 semester; sanctions in progress
            • October 15, 2015: Unauthorized access; sanctions incomplete/overdue
            • February, 18, 2016: Possession of drugs; sanctions complete

            It should be noted that when a request to release conduct history is received while an ongoing investigation or conduct process is occurring, this fact will be disclosed although the specifics of the matter will not be shared until the situation is fully resolved.

              Moravian College is grateful for the numerous professional resources made freely available by their creators that are continuously consulted in an effort to keep this document in line with the best practices in the field of student conduct. These include “A Twenty-First Century Model Code,” The NCHERM Group Model Code Project, the Association for Student Conduct Administrators (ASCA), and colleagues and documents from a variety of institutions of higher education.