Student Code of Conduct

The Student Code of Conduct defines the expectations of Moravian University community membership that students and recognized student organizations (RSOs) will be held accountable to, and outlines the process and procedures the University will use when responding to alleged violations of these expectations.

The Code exists to ensure an environment conducive to the achievement of the University's mission which states that "Moravian University's liberal arts education prepares each individual for a reflective life, fulfilling career, and transformative leadership in a world of change." When student behavior impedes the University's ability to carry out its mission, the University will work with involved Moravian community members, in accordance with the Code, to resolve the situation.

In addition, the Code carries out the mission of the University by holding students accountable for violating the University's Community Standards. The Code aims to facilitate education, leadership development, reflection, and service of self and community.

The purpose of the resolution process outlined in the Code is to protect the entire community while simultaneously challenging students to examine their behavior and its impact on others. The resolution process is designed to be fair and equitable to all parties involved and comply with the University's legal responsibilities.

The philosophy and approach to student accountability at Moravian University is educational, focusing on student learning through individual growth and personal responsibility. Our goal is to help and encourage students to be successful citizens of their communities. 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 University policy as outlined in the Community Standards section of the Code are examples of steps away from the individual's goals and from the Moravian University community.

It is natural to compare the University's accountability process to the criminal and civil court proceedings familiar to many due to exposure to the news, popular culture, or actual personal experience. Although comparisons to the legal process can be helpful to articulate the systems' similarities and differences, it should be noted that the University's accountability 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) and University recognized student organizations (RSOs). "Individual students" includes, but is not limited to, students who are part-time, full-time, auditing, cross-registered through the LVAIC consortium, exchange students, non-matriculated students, and visiting students.

For the purpose of applying the Code, an individual is considered a student when an offer of admission has been extended and as long as the student has a continuing educational interest in Moravian University. Therefore, if a student violates the Community Standards during a temporary leave of absence, whether voluntary or involuntary, or during a term when the student is not enrolled in any classes but intends to re-enroll in a future term, the University 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 before the withdrawal or graduation, even if the information was not brought to the University'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 University or at University-sponsored or affiliated programs and events, including study abroad programs. The Code also applies to behavior that occurs off-campus if the University determines the behavior:

• presents a danger or threat to the health or safety of self or others, including any behavior that may violate the University's Respect for Self Community Standard; or
• infringes on the rights or property of self or others; or
• breaches the peace and/or causes social disorder; or
• is detrimental to the educational mission and/or interests of the University.

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

Visitors are expected to abide by the Community Standards while on property owned or operated by the University or at University-sponsored or affiliated programs and events. Visitors found in violation of the standards may be issued a notice of trespass by Campus Police. Student hosts may also be held accountable for violations committed by their visitors. Students are expected to be present with their visitors at all times while in University residential areas.

When student behavior violates the law, they are responsible for any consequences imposed by authorities outside the University. When student behavior violates the law and the Code simultaneously, the University reserves the right to invoke the accountability process independent of, and in addition to, any action by civil or governmental agencies.

The privilege of being a student at Moravian University carries with it the responsibility of following standards of conduct in line with the institutional mission and shared values. Students at Moravian University 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:

• Respect for Academic Honesty
• Respect for Self
• Respect for Others
• Respect for Safety
• Respect for Property
• Respect for Moravian Community
• Respect for Law

The Community Standards articulate behaviors that are prohibited or unacceptable because they do not align with the value of respect central to our community.

Students, recognized student organizations (RSOs), and visitors must abide by the Community Standards described below. Information that suggests a violation or attempted violation of the Community Standards may result in the procedures outlined in this Code, the Academic Code of Conduct, the Student Organization Code of Conduct or the Equal Opportunity, Harassment, and Non-Discrimination Policy as applicable. Any allegation that is based on actual or perceived membership in a protected class, or any incident involving sexual harassment, sexual assault, stalking, sexual exploitation, dating violence or domestic violence will be subject to the policies and procedures outlined in the University's Equal Opportunity, Harassment, and Non-Discrimination Policy. 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 and consequences that result.

The applicable Community Standards will be those that were published at the time an alleged violation occurred, even if a case is being processed after the Community Standards have been updated. The applicable procedures for resolution, appeal, and sanctioning will be those that are currently published at the time the process is occurring. Typically, once the process has started, the procedures published at that time will be used to the conclusion of the process even if the procedures are updated before the process is concluded.

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. The procedures outlined in the Student Code of Conduct will not be applied to violations of this Community Standard.

Respect for Self

For this section of the Community Standards, “public place” includes, but is not limited to, any University-owned outdoor property (including porches, patios, and yards) and all common spaces of residence halls (hallways, stairs, lounges, laundry rooms, restrooms, etc.). In University-owned house-style units (e.g. townhouses, suites, houses) living rooms and other shared spaces 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 University's Alcohol policy. Specifically, students and RSOs (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 or purchasing alcohol for individuals under the age of 21. This includes, but is not limited to, allowing underage individuals access to alcohol and allowing underage drinking in a University residence. Students who wish to possess alcohol in their University residence legally should ensure that alcohol is adequately secured and only accessible by individuals legally able to consume it. Students under the age of 21 can also be held accountable for violating this policy.
  • Irresponsible Use: Hosting, encouraging, or participating in drinking games or other reckless drinking behavior or being publicly intoxicated. Public intoxication is defined as being in a public place while under the influence of alcohol to the degree that it may endanger self, others, or property or may cause a disruption to others.
  • Driving Under the Influence: Operating a vehicle, defined as any device upon which a person can be transported, while impaired by alcohol.
  • Paraphernalia: Possessing or using materials that promote irresponsible or high-risk consumption of alcohol on University property. Paraphernalia includes, but is not limited to, kegs, funnels, and pong tables.
  • Empty Containers: Displaying or possessing empty alcohol containers in University facilities while under the age of 21. This includes any container that would have previously held alcohol including, but not limited to, bottles, cans, and cardboard boxes.
• Drugs: Manufacturing, purchasing, possessing, using, distributing, or possessing for the purpose of distributing, any illegal drug, controlled substance (without a prescription), or drug paraphernalia. Illegal drugs are those whose manufacture, use, possession or distribution are prohibited by state or federal law. Controlled substances are those whose manufacture, use, possession, or distribution is regulated by state or federal law. Cannabis is a controlled substance under federal law and its possession and use, even for medical reasons, is prohibited on property owned or operated by the University or at University-sponsored or affiliated programs and events. It should be noted that any substance that tests positive for THC, regardless of how that substance was sold, will be considered cannabis for the purposes of this policy. Specifically, students and RSOs (where applicable) may be held accountable for:
  • Possession or Use: Manufacturing, purchasing, possessing, or using illegal drugs or controlled substances without a prescription.
  • Prescription Drugs: Purchasing, possessing, or using prescription drugs without a prescription or using prescription or over-the-counter medications differently than the prescribed or recommended purpose and/or dosage.
  • 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, selling, or possessing for the purpose of distributing, any illegal drugs, controlled substances, or, without authorization, prescription or over-the-counter medications.
  • Driving Under the Influence: Operating a vehicle, defined as any device upon which a person can be transported, while impaired by an illegal drug or controlled substance.

Respect for Others

Any allegation that is based on actual or perceived membership in a protected class or any incident involving sexual harassment, sexual assault, stalking, sexual exploitation, dating violence or domestic violence, will be subject to the policies and procedures outlined in the University's Equal Opportunity, Harassment, and Non-Discrimination Policy. It should be noted that a number of community standards previously published in this section of the Code are now exclusively published and processed through the Equal Opportunity, Harassment, and Non-Discrimination Policy

• Bullying: Repeated and/or severe behavior that is likely to intimidate or intentionally harm or control another person physically or emotionally, and which is not protected by freedom of expression. This includes behavior that may occur online (also known as cyberbullying), in person, by telephone, mail, or any other action, device, or method. More information about the University's policy against bullying can be viewed in the institutional Bullying Policy.
• Hazing: Intentionally, knowingly, or recklessly, for the purpose of initiating, admitting, or affiliating an individual with an organization, or for the purpose of continuing or enhancing an individual membership or status in an organization, causes, coerces, or forces an individual to do any of the following:
  • Violate Federal, State, or local law or Moravian University policy
  • Destroy or remove public property
  • Consume any food, liquid, alcoholic liquid, drug, or other substances which subjects the individual to a risk of emotional or physical harm
  • Endure brutality of a physical nature, including whipping, beating, branding, calisthenics, or exposure to the elements
  • Endure brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact or conduct that could result in extreme embarrassment, harassment, or ridicule
  • Endure brutality of a sexual nature
  • Endure any other activity that creates a reasonable likelihood of bodily injury
  • Engage in public stunts, morally degrading or humiliating games and activities, forced financial obligations that are outside the standard requirements of the organization, or late night activities that interfere with scholastic activities

Reasonable and customary athletic, law enforcement, or military training, contests, competitions, or events will not be considered hazing. Participation or cooperation by the individual(s) being hazed does not excuse the violation. Failing to intervene to prevent, failing to discourage, and/or failing to report those acts may also violate this policy. More information about the University's policy against hazing can be viewed in the institutional Hazing Policy. 

• Physical Harm: Intentionally or recklessly (by action or inaction) causing physical harm or endangering the health or safety of any person or group of people.
• Threatening Behaviors: Written, verbal or physical conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
• Hindering Freedom of Expression or Movement: Hindering freedom of expression or movement of any person or group of people.
• Invasion of Privacy: Invading a person's privacy includes, but is not limited to, the use of any device to make or stream an audio, photographic or video recording of any person without their prior knowledge or consent, when such recording is of information or images taken from or of a person at a time or place in which they have a reasonable expectation of privacy. You can learn about Pennsylvania's Wiretapping and Electronic Surveillance law here.
• Disruptive Behavior: Verbal, written, or physical actions that disrupt the orderly operation of the University, other institutions or communities, or the lives of any person or group. This includes, but is not limited to, obstruction of teaching, research, University administration, University events and activities, campus and non-campus residential living, and interference with student staff, law enforcement, or emergency personnel.
• Inappropriate Public Conduct: Deliberately and publicly exposing one's intimate body parts, urinating or defecating in public, or engaging in public sexual activity. This includes, but is not limited to, sexual activity in any campus restroom, classroom, or non-residential building.
• Interfering with the Rights of Others: Interfering with the rights of others to enter, use, or leave any facility, service, or activity to which they have been accorded access.
• Retaliation: Any intentional adverse action taken against an individual who is participating, attempting to participate, or is perceived to be participating in a protected activity including, but not limited to, making a report or participating in an investigation or resolution process (formal or informal) offered by the institution. Retaliation includes, but is not limited to, verbal or implied threats, physical or psychological abuse, intimidation, harassment (verbal or written), or any other action intended to create a hostile environment for the intended target of the retaliation. In addition, isolation may constitute retaliation under this policy if the target of the isolation is deprived of an educational opportunity or benefit as a result of that isolation.

Respect for Safety

• Hazardous Materials: Possessing, using, or distributing explosives (including fireworks and ammunition), guns (including air, BB, paintball, gel, facsimile weapons and pellet guns), or other weapons or dangerous objects such as arrows, axes, machetes, nunchucks, 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 University property.
• Hazardous Behavior: Intentionally or recklessly engaging in behavior that may endanger the health, well-being, or safety of any person or group of people. This includes, but is not limited to, violating public health guidelines, dangerous pranks, tampering with electrical equipment, failing to report a discharged fire extinguisher, hanging out of or climbing from, to, or on windows, balconies, roofs, etc.
• Bonfires: Lighting or being present during a bonfire or open pit fire on University property.
• Open Flame: Burning candles, incense, or other items that produce an open flame in any University residential facility.
• Smoking: Smoking or vaping in any campus building or within 20 feet of the entrance to or windows of any building owned, leased, rented or operated by the University. This includes smoking or vaping in all recreational facilities/areas and inside all vehicles owned, leased, rented or operated by the University.
• Door Propping: Propping open exterior or fire doors.
• Tampering With Emergency Communication Systems: Tampering with, obstructing, displacing, or damaging emergency communication equipment including, but not limited to, common area telephones, exterior emergency phones, elevator emergency phones, or the lines associated with them.
• Tampering With Safety Equipment: Tampering with, obstructing, displacing, or damaging any fire or safety equipment including, but not limited to, alarms, alarm protectors, fire safety devices (such as smoke detectors, sprinklers, or CO2 detectors), fire extinguishers, security cameras, emergency exit signage, red window safety tabs, card access devices or any door locking mechanism.
• Failure to Evacuate: Failing to immediately exit any building when an alarm has been activated or as directed by University or emergency personnel.

Respect for Property

• Copyright Infringement: Downloading, sharing, using or misusing copyrighted materials, including but not limited to University or organizational names and images, without authorization. This includes, but is not limited to, unauthorized distribution or public posting of an instructor's original assignments or course materials. When copyright infringement involves academic coursework, the procedures outlined in the Academic Code of Conduct may be used in place of those outlined in the Student Code of Conduct.
• Destruction or Damage: Destruction, damage, or defacing 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 RSO funds.
• Misuse of Documents: Possessing, using, duplicating, transferring, or sharing any official document (e.g. parking permit, doctor’s note) without authorization.
• Misuse of Keys: Possessing, using, or duplicating keys without authorization or allowing another to possess, use, or duplicate University-issued keys without authorization. This includes leaving a University-issued key unattended in a public place accessible for other individuals to use to access a University building or room.
• Misuse of Student ID: Possessing, using, or duplicating a University-issued student ID card belonging to another or allowing another to use, possess, or duplicate your University-issued student ID card. This includes leaving an ID Card unattended in a public place accessible for others to use to access a University building or room.
• Taking of Property: Intentionally taking property belonging to another person or entity without authorization, including goods, services, and other valuables, even with the intent to return. This includes relocating University-owned furniture or equipment without authorization. 
• Unauthorized Possession of Property: Knowingly maintaining possession of property belonging to another person or entity without authorization or permission from the owner. This includes University-owned furniture or equipment.
• 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 unauthorized entry into buildings, rooms, or property.

Respect for Moravian Community

• Failure to Complete Sanctions: Failing to complete or make adequate progress toward completion of sanctions applied by an Accountability Facilitator or Accountability Panel.
• Failure to Comply: Failing to comply with reasonable requests of University agents, including student staff, acting in their official capacities or of public health officials, law enforcement or emergency personnel. This includes refusing to submit to a Breathalyzer or violating written notices such as contact limitations or trespass notices. Campus Police may request a Breathalyzer test when they have reasonable cause to believe an individual is engaging in underage or high-risk drinking in order to assess the well-being of that individual.
• Failure to Produce ID: Failing to produce University ID upon request of University 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 University agent, including student staff, acting in their official capacities or to law enforcement or emergency personnel.
• Soliciting: Soliciting on University property without proper approval from the proper office. Information about approval can be found in the Fundraising and Sales policy.
• Gambling: Gambling for money or other valuables on University property or in any University owned or operated building except as part of an authorized fundraising activity. Regardless of location, any gambling not permitted by law is a violation of this policy. Information about authorized fundraising activities can be found in the Fundraising and Sales policy.
• Complicity: Action or inaction that aids another, including a non-student, in committing an act in violation of the Code.
• Impeding Accountability Process: Directly or indirectly interfering with the student accountability 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 accountability process.
  • Harassing or intimidating an individual involved in the process before, during, or after the process.
• Ineligible Pledging or Association: Pledging or participating in recruitment or member-only activities with an RSO without having met eligibility requirements established by the University or the individual RSO.
• Host Responsibility: Students may be held accountable for violations of the Code committed by their visitors. Students must be present with their visitors at all times while in University residential areas. If a visitor is found without their host, the host may be held accountable under this policy. A visitor includes, but is not limited to, any individual not assigned to a particular residential space, including Moravian students who live in other residential locations on campus.
• Residence Life Policy Violation: Violations of any residence hall policy not otherwise specified in the Code may be referred to Student Accountability and Conflict Transformation as a violation of this policy.
• Other University Policy Violation: Violations of any University policy not otherwise specified in the Code, including temporary policies communicated to the campus via electronic message and/or posted online or in buildings, may be referred to Student Accountability and Conflict Transformation as a violation of this policy.

Respect for Law

• Violation of Law: Any behavior that violates local, state, or federal law that is not otherwise a violation of University 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. RSO leadership are also required to report if a member is arrested or cited as a result of any actions or behaviors taking place at or arising out of an RSO-sponsored event. Reports should be made to Student Accountability and Conflict Transformation regardless of final disposition.

The student accountability process is designed to be fair and equitable to all involved parties. This section outlines the procedures typically used to resolve alleged student 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 ensure that an incident can be resolved in the spirit of the Code. 

This section includes the rights and responsibilities of all parties and 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 heal appropriately. These goals will not be ignored due to technical or procedural concerns that can be addressed or corrected in a fair manner.

Alleged violations of the Academic Honesty community standard are resolved using the procedures outlined in the Academic Code of Conduct. Alleged violations of any community standard by a recognized student organization (RSO) are resolved using the procedures outlined in the Student Organization Code of Conduct. Any allegation that is based on actual or perceived membership in a protected class, or any incident involving sexual harassment, sexual assault, stalking, sexual exploitation, dating violence or domestic violence will be subject to the policies and procedures outlined in the University's Equal Opportunity, Harassment, and Non-Discrimination Policy.

Authority and Roles

Responsibility for administration of the Student Code of Code Conduct rests with the Dean of Students/Executive Vice President for University Life. Although subject to change as necessary to properly administer the Code, the Dean of Students has delegated this authority to the following staff:

Student Accountability and Conflict Transformation Staff: The Dean for Community Wellness and the Associate Director of Student Accountability and Conflict Transformation are tasked with the day-to-day operation of the student accountability process including receiving information of alleged violations of policy, determining which allegations apply, identifying the appropriate process for resolution, and assigning an individual or panel to carry out the resolution process. The Student Accountability and Conflict Transformation staff are also responsible for coordinating training for all individuals carrying out these procedures and supporting students in completing sanctions assigned through the process. The Student Accountability and Conflict Transformation staff, or a designated Accountability Facilitator, also attend all hearings before an Accountability Panel to ensure the procedures in the Code are properly implemented.

Accountability Facilitator: The Student Accountability and Conflict Transformation staff may identify individuals to train to serve as Accountability Facilitators. These individuals can be assigned a case and will meet with the responding party to determine if the responding party is responsible for the allegation(s) and, if so, determine an appropriate outcome. The Student Accountability and Conflict Transformation staff also serve as Accountability Facilitators for accountability cases.

Accountability Panel: Student Accountability and Conflict Transformation recruits and trains Moravian University faculty, staff, and students to serve on Accountability Panels. Student Accountability and Conflict Transformation has the authority to determine which cases will be resolved before an Accountability Panel and selects one faculty member, one staff member, and one student from the group to serve on each case. Accountability Panelists also receive training to serve on Appeal Panels.

Appeal Facilitator: Student Accountability and Conflict Transformation will identify an individual (or individuals) to receive appeals submitted by responding parties following an Accountability Meeting or Accountability Panel hearing. The Appeal Facilitator will determine if there are grounds to change the original outcome, refer the appeal to an Appeal Panel, remand the case back to the original Accountability Facilitator or Accountability Panel for further consideration, or call for the case to be reheard.

Appeal Panel: The Appeal Facilitator may refer an appeal to an Appeal Panel for further consideration. One faculty member, one staff member, and one student are selected from among the Accountability Panelists to serve on an Appeal Panel. 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 parties involved in the student accountability process described in this Code. The responding party is the individual alleged to have violated a community standard outlined in this Code. The reporting party is the individual(s) directly impacted by the responding party's alleged violation.

Rights of the Responding Party

• The right to a fair and impartial process.
• The right to be notified of the allegations in advance of any Accountability Meeting or Accountability Panel hearing.
• The right to be notified of the date, time, and location of any Accountability Meeting or Accountability Panel hearing
• The right to request that any University representative in the process be replaced on the basis of demonstrated bias and/or conflict of interest.
• 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 Accountability Meeting or Accountability Panel hearing.
• The right to request reasonable accommodations, including language translation or interpretation services, to allow for participation in the process.
• The right to be accompanied to any meeting related to the accountability process by an individual chosen by the responding party who may provide support but not participate directly in the process. The individual must be a current Moravian University student, faculty or staff. Individuals other than those listed above will not be admitted. It should be noted that this individual may be asked to leave at any point if being disruptive to the process.
• The right to be present during any Accountability Meeting or Accountability Panel hearing where information is being presented.
• The right to elect not to attend a Accountability Meeting or Accountability Panel hearing. In such cases, a decision will be based solely on the information available to the Accountability Facilitator or Accountability Panel.
• The right to review and respond to all information used to make a determination regarding responsibility for the allegation(s).
• The right to provide information relevant to the case for consideration by the Accountability Facilitator or Accountability Panel. Statements of character will not be considered by the Accountability Facilitator or Accountability Panel as relevant information.
• The right to present witnesses (of fact, not character) and to ask questions of anyone present at the hearing (witnesses are not typically involved in Accountability Meetings).
• 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 Accountability Meeting or Accountability Panel hearing, including any sanctions applied.
• The right to request an appeal of the outcome of the hearing in accordance with the procedures in the Code.

Rights of the Reporting Party

• The right to a fair and impartial process.
• The right to be notified of the date, time, and location of any Accountability Meeting or Accountability Panel hearing at which the reporting party will be participating as a witness.
• The right to request reasonable accommodations, including language translation or interpretation services, to allow for participation in the process.
• The right to be accompanied to any meeting related to the accountability process by an individual chosen by the reporting party who may provide support but not participate directly in the process. The individual must be a current Moravian University student, faculty, or staff. Individuals other than those listed above will not be admitted. It should be noted that this individual may be asked to leave at any point if being disruptive to the process.
• The right to provide information relevant to the case for consideration by the Accountability Facilitator or Accountability Panel. Statements of character will not be considered by the Accountability Facilitator or Accountability Panel as relevant information.
• 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 physical harm, taking of property, or damage or destruction, the right to be notified in writing of the outcome of any Accountability Meeting or Accountability Panel hearing, including any sanctions applied that relate to the reporting party. In all other cases involving a reporting party, the reporting party will only receive notification of any sanctions applied that relate to the reporting party.

Notice of Alleged Violation(s)

Anyone with information about a potential violation of the Community Standards has the right to bring that information forward. Information may be provided to Student Accountability and Conflict Transformation, the Moravian University Police Department, or the Title IX Coordinator (when applicable). Depending on the circumstances, the University may move forward with an allegation that a student or RSO has violated the Code (or other relevant University policy) based on the information provided. The University may also explore informal resolution options, when appropriate.

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

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

Amnesty

Moravian University takes the health and safety of its community members very seriously and expects students to look out for one another’s well-being. The University recognizes that students who have been drinking and/or using drugs or who may otherwise be in violation of the Community Standards, may be hesitant to call for assistance for themselves or others due to fear of potential consequences for their own behavior. Therefore, students and RSOs that act in good faith to seek assistance for themselves or others by contacting and cooperating with the proper authorities will not be subject to allegations for alcohol and/or drug use at the time of the incident. Cooperating includes, but is not limited to, providing all information requested by authorities and remaining with the individual(s) needing assistance until authorities have arrived. Additionally, the University strongly encourages a culture of reporting sexual violence. Therefore, reporting parties and bystanders acting in good faith are offered amnesty and will not be subject to allegations for alcohol and/or drug use at the time of the reported incident. Amnesty for other minor policy violations may be granted at the discretion of Student Accountability and Conflict Transformation.

Although students who make good faith reports will not be subject to allegations, students may be required to meet with an administrator to discuss the incident and complete additional educational or developmental requirements. Additionally, information about policy violations covered by the amnesty policy will be considered during the sanctioning phase of future accountability cases to ensure informed decision-making.

This policy is not intended to excuse repeated problematic behaviors. Therefore, incidents that would otherwise be covered by the amnesty policy may result in allegations at the discretion of Student Accountability and Conflict Transformation.

Interim Action

In certain circumstances, Student Accountability and Conflict Transformation may impose restrictions including, but not limited to, contact limitations, a University 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 University community and to preserve the safety of University property, to ensure the student's own physical or emotional safety and well-being, to ensure normal operation of the University if the student poses a threat of disruption, and to preserve the integrity of the accountability process. Interim actions can be added, amended, or removed at any time at the discretion of Student Accountability and Conflict Transformation. Students may request an interim action be amended or removed at any time by submitting an Interim Action Appeal Form. Interim action appeals will be reviewed by a designated University employee whose decision on the matter will be final.

Although interim action may be deemed necessary, the University 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 University may require additional investigation. Investigations may be carried out by the Student Accountability and Conflict Transformation staff or designee, Campus Police, or the Title IX Coordinator or designee (in accordance with the Equal Opportunity, Harassment, and Non-Discrimination Policy).

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

Except under emergency circumstances and as necessary to conduct repair and maintenance or secure University property, premises occupied by students and their personal possessions will not be searched unless authorization has been obtained from Student Life 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, Student Accountability and Conflict Transformation will review the information to determine if there is reasonable cause to allege a violation or attempted 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 responding party will receive a written allegation letter explaining which policy or policies are alleged to have been violated or attempted.

In cases involving a reporting party, Student Accountability and Conflict Transformation may meet with that individual to review the resolution options outlined in the Code before issuing an official allegation letter to the responding party.

Concurrent Criminal Proceedings

Although the student accountability process is separate from and serves a different purpose than the criminal and civil processes, some behaviors that result in a student accountability process may also subject a responding party to criminal or civil proceedings. The University process will typically proceed at its regular pace, independent of any outside process. At the discretion of Student Accountability and Conflict Transformation, the University may delay its internal process slightly to allow for concurrent law enforcement activity but will not typically wait for the criminal process to fully resolve.

A responding party facing both accountability allegations and criminal charges may request that the University delay its process until criminal charges are resolved. If the University agrees to delay its process, the responding party must agree to and follow through on the following conditions:

• The responding party must take a voluntary leave of absence until the accountability process has been completed.
• The responding party must comply with all interim restrictions imposed during the leave of absence.

The University reserves the right to deny the request and proceed with its process regardless of any outside proceedings or the responding party's decision to take a leave.

Non-Enrolled Responding Party

There are some circumstances where a non-enrolled student can have a pending allegation. These include, but are not limited to:

• A violation occurred while the responding party was not enrolled at the University but while the responding party had a continuing educational interest in the University (such as while on a voluntary or involuntary leave).
• A violation occurred while the responding party was enrolled at the University but the responding party graduated or took a voluntary or involuntary leave before the resolution of the accountability process.

The University reserves the right to proceed with the accountability process regardless of the responding party's enrollment status. In cases where the University decides not to proceed, the responding party's disciplinary record will reflect an outstanding allegation. This information may be disclosed to third parties in accordance with the Records policy outlined in this Code.

Resolution Options

Once Student Accountability and Conflict Transformation is aware of a situation, there are multiple options for resolution. In situations where there is insufficient information to allege a policy violation, informal resolution is the only option.

If a reporting party is involved, the Student Accountability and Conflict Transformation staff or designee will work with the reporting party to determine how they would prefer the situation be resolved. Whenever possible, the reporting party's preference for resolution will be respected. In some situations, however, the University may determine that it must utilize a certain resolution process regardless of the reporting party's request.

Informal Resolution

Informal resolution does not typically result in a disciplinary record. Informal resolution may include conflict coaching, shuttle negotiation, facilitated dialogue, or restorative practices. Informal resolution may result in outcomes including, but not limited to, contact limitations, residence relocations, or educational outcomes.

Student Development Meeting

At the discretion of Student Accountability and Conflict Transformation, a student may be required to attend a meeting with an accountability facilitator in lieu of the formal resolution options outlined below. Student development meetings may be required for a variety of reasons including, but not limited to, when the Amnesty policy has been applied, to conduct a preliminary inquiry to determine which resolution option is most appropriate in a given situation, when a reporting party elects not to pursue a formal resolution process, when an alleged policy violation is extremely minor, or when concerning behavior is not a violation of the Code but still warrants attention.

Student development meetings are intended to help students avoid future violations and conflict and may result in educational or developmental requirements or referral to a conflict transformation process. These meetings are considered a reasonable request and failure to attend may result in an allegation of Failure to Comply.

Conflict Transformation Services

At the discretion of Student Accountability and Conflict Transformation, conflict transformation options may be offered in place of or in addition to the formal resolution options outlined below. A variety of conflict transformation procedures may be employed including, but not limited to, conflict coaching, shuttle negotiation, facilitated dialogue, or restorative conferences or circles. All parties must voluntarily agree to participate in any conflict transformation process and can choose to withdraw at any time. Situations that would not otherwise result in an accountability process (because there is insufficient information to allege a policy violation or because the behavior(s) involved are not a violation of the Code) may also be eligible for conflict transformation services. Community members interested in exploring a conflict transformation process should contact Student Accountability and Conflict Transformation for more information.

Formal Resolution

Once an allegation has been placed, three formal resolution processes may be applied. These processes are described in this section.

In situations where a responding party has multiple unrelated incidents that need to be resolved, or in cases involving multiple responding parties, Student Accountability and Conflict Transformation, in consultation with the responding parties, will determine if separate or combined processes are most appropriate.

Accountability Meeting

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

If the responding party accepts responsibility for the allegation(s), the Accountability Facilitator will determine appropriate sanctions in accordance with the sanctions section of the Code. If the responding party denies responsibility for any or all of the allegations, the Accountability Facilitator may first determine if it is more likely than not, based on the information at their disposal, that the responding party violated or attempted to violate those community standards.

In cases where the Accountability Facilitator determines that the responding party is not responsible for all allegations, the process will end.

In some cases where the responding party denies responsibility, the case may be referred to an Accountability Panel for a hearing.

Accountability Panel Hearing

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 an Accountability Panel. The best judgment of Student Accountability and Conflict Transformation will prevail to determine if an Accountability Panel hearing 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 an Accountability Panel, the responding party will be provided an opportunity to meet with the Student Accountability and Conflict Transformation staff or designee 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 request that any member of the Accountability Panel be replaced on the basis of demonstrated bias and/or conflict of interest.

The hearing is coordinated and conducted by the Student Accountability and Conflict Transformation staff or designee. Procedural questions raised by any party are subject to the final decision of the Student Accountability and Conflict Transformation staff or designee. 

Accountability Panel hearings will typically follow the following procedures:

1. The Student Accountability and Conflict Transformation staff or designee will read the allegation(s) and the responding party may choose to accept or deny responsibility for each allegation individually.
2. The responding party may make an opening statement followed by questions from the panel.
3. Witnesses (including the reporting party, if applicable) will be called individually and may make a statement followed by questions from the panel and the responding party.
4. Following all witnesses, the panel may address additional questions to the responding party.
5. The reporting party (if applicable) will be called back to respond to any additional questions from the panel and responding party.
6. The responding party may make a closing statement followed by questions from the panel. 

Once all information has been presented, the hearing will be adjourned and the panel will enter a closed deliberation. The panel will determine if it is more likely than not that the responding party violated or attempted to violate each allegation. In cases where the panel determines that the responding party is not responsible for all allegations, the process will end. If there is a finding of responsibility for at least one allegation, the Student Accountability and Conflict Transformation staff or designee will provide any additional information to the panel that may be relevant to the sanction, including the outcome of any other accountability cases where the responding party was found responsible for violating policy. The responding party (and reporting party, if applicable) may prepare a written statement that will be shared with the panel at this time. Character statements will not be accepted. The panel will then continue its closed deliberation until sanctions have been determined in accordance with the sanctions section of the Code. Decisions of the panel must be supported by the majority of the panelists.

Sanctioning Hearing

The responding party may choose to accept responsibility for all allegations before an Accountability Panel hearing is held. In this case, the Accountability Panel will have a sanctioning hearing rather than a full hearing as described above. If a responding party elects to have a sanctioning hearing, information about other accountability cases that would ordinarily be withheld until the panel has made a determination regarding responsibility will be provided to the panel in advance of the hearing for their consideration. Witnesses may still be called to present at the discretion of the Student Accountability and Conflict Transformation staff or designee if discrepancies over the specifics and severity of the violation(s) remain.

Notification of Outcome

The responding party will receive an outcome letter following an Accountability Meeting or Accountability Panel hearing. The outcome letter will include the finding for each allegation and any sanctions applied. Copies of outcome letters are placed in the responding party'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.

In cases involving allegations of physical harm, taking of property, or damage or destruction, the reporting party will receive notification of the finding related to the allegation and any sanctions that relate to the reporting party. In all other cases involving a reporting party, the reporting party will only receive notification of any sanctions applied that relate to the reporting party.

Appeals

The responding party has the right to request an appeal once an Accountability Facilitator or Accountability Panel has rendered a decision. The outcome letter will include instructions for submitting an appeal request. 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

Appeals are not re-hearings. Appellate decisions are focused solely on the issues raised by the parties in the appeal process. Appeal requests are limited to the following grounds:

• To determine if a violation of the University'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. Information reasonably available but not presented at an earlier stage of the process will not be considered.
• To evaluate whether the sanction(s) are substantially disproportionate to the severity of the violation and/or cumulative disciplinary record of the appellant.

The Appeal Facilitator will review and make a determination for each ground addressed in the appeal. To do so, the Appeal Facilitator may consult with all parties involved in the original resolution process as necessary and conduct any inquiries relevant to understanding the issues raised in the appeal.

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

Appeals of cases for which the Appeal Facilitator has recognized grounds may be resolved by the Appeal Facilitator or referred to an Appeal Panel appointed by the Student Accountability and Conflict Transformation staff or designee. The Appeal Facilitator or Appeal Panel can modify the original outcome, remand the case to the original Accountability Facilitator or Accountability Panel with clear instructions for reconsideration only in light of the granted appeal grounds, call for the case to be re-heard by a new Accountability Facilitator or Accountability Panel (which can then be appealed again through this process), or uphold the original outcome.

Decisions of the Appeal Facilitator and/or Appeal Panel are final.

While an appeal is pending, all sanctions applied by the Accountability Facilitator or Accountability Panel remain in effect. The responding party will be timely informed of the status of requests for appeal, a referral to an Appeal Panel, and the appeal outcome.

Sanction Philosophy

As stated above, the basic philosophy and approach to student accountability at Moravian University 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 their communities. 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 University 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 University's sincere hope that suspensions and expulsions will be rare occurrences. To that end, the accountability process is designed to provide resources intended to help students succeed in the Moravian University community. These resources include the interactions a student has with an Accountability Facilitator or Accountability Panel as well as the variety of standard and individualized sanctions that may be required as a result of the process. Sanctions are seen as a partnership between the student and the University. Active engagement in the sanctions is necessary for the benefits to be gained.

Sanctions fall within the following categories:

• Accountability
• Reflection
• Restorative
• Wellness

Finally, although sanctions are intended to support a student in avoiding future involvement with the accountability 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 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 responding party has been found responsible for violating one or more of the Community Standards, the Accountability Facilitator or Accountability Panel must determine an appropriate set of outcomes. Although some outcomes are considered standard in certain situations (such as fines, parent/guardian notification, and suspension or expulsion) our overall approach to sanctioning is based on responding to the needs of the parties and the situation. The Accountability Facilitators and Accountability Panels 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.

Accountability Sanctions

Accountability sanctions are consequences that result from being found responsible for one or more violations of the Community Standards.

• Housing Reassignment: A student may have their housing assignment changed. The details of the change will be coordinated by the Office of Housing.
• Housing Suspension: A student may lose the privilege of residing in University housing for a specified period of time. During a housing suspension, students may not be present in any University residential facility without permission from Student Accountability and Conflict Transformation. Students must vacate University housing and return their room key(s) within 48 hours. 
• Housing Expulsion: A student's privilege of residing in University housing is permanently revoked. The student may not be present in any University residential facility without permission from Student Accountability and Conflict Transformation. Students must vacate University housing and return their room key(s) within 48 hours. 
• Other Restrictions: A student may be restricted from involvement in specific programs, events, services, or locations on campus, or otherwise lose any privilege typically afforded Moravian University students that is deemed appropriate for the situation. Restrictions may be permanent or for a specified period of time.
• Fines: Fines may be applied 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's efforts to reduce these behaviors. Guidelines for fines are outlined in this section of the Code.
• Suspension: A student may be suspended from the University for a specified period of time, after which, as long as all other conditions explained in the outcome letter have been met and the student is otherwise eligible to be enrolled, the student may choose to return. During the suspension, students may not be present on any University property or participate in any University sponsored programs or services without permission from Student Accountability and Conflict Transformation. Students must vacate the campus (including returning their room key(s) if living in University housing) within 48 hours. Students returning from suspension must meet with an administrator in Student Accountability and Conflict Transformation within the first 2 weeks of their return to discuss their time away, plans for success, and any outstanding sanctions. When a student is suspended as a result of an accountability 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 University. An expelled student may not be present on any University property or participate in any University sponsored programs or services without permission from Student Accountability and Conflict Transformation. Students must vacate the campus (including returning their room key(s) if living in University housing) within 48 hours. Expulsion is permanent. When a student is expelled as a result of an accountability process, a non-academic expulsion note will be included on the student’s academic transcript.
• 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 University and the student in achieving their goals. The University reserves the right to send parent notifications for other situations as allowed by law.
• Warning Statement: A statement may be included in the responding party'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 University so that those behaviors can be avoided.

Reflection Sanctions

Reflective sanctions encourage students to explore internal and external perspectives on behavior. These sanctions may also include a follow-up meeting with the accountability facilitator to provide additional reflection and closure.

• 21 Things Project: Students will list 21 goals they want to accomplish before graduating from Moravian. They will then select a few items to develop into an action plan using the SMARTer Goals Framework.
• Meeting: A meeting with a staff member from a Moravian office that can provide education on a particular topic or support service suited to any needs the student identified with their accountability facilitator.
• 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 various activities.
• Ted Talk Video: Students will be assigned to watch or listen to a Ted Talk on a particular topic and respond to a list of questions related to that video.
• Policy Review: Students will complete a review of University policies relevant to the violation or with which students indicate they are unfamiliar.
• Written Assignment: Students may be required to complete a written assignment to facilitate learning and/or self-reflection. Examples include, but are not limited to:
  • Personal Mission Statement
  • Character Strengths Assessment
  • Time Management Activity
  • Decision-Making Prompt
  • Dear Past or Future Self
• Program Creation and Presentation: Students will create and present a program on a particular topic.
• Program Attendance: Students will attend a program on a relevant topic and submit a reflection based on the experience.
• Poster Creation and Presentation: Students will create and present an informational poster to educate other students about a particular topic.
• Fire Safety Education: Students will meet with a member of the Moravian University Police Department to learn about the importance of fire safety and the impact of fire safety violations on the community. Students will also submit a reflection based on the experience.

Restorative Sanctions

Restorative sanctions may include various approaches to repairing harm and/or addressing the impact of the incident. They will typically involve an opportunity for direct or indirect engagement with those impacted.

• Restitution: When a violation results in damage or financial loss or cost to the University, the student may be required to repay that amount.
• Restorative Process Intake: Students will participate in an intake meeting to determine if a restorative process is feasible to resolve conflict with another community member. A restorative process will only take place when all involved voluntarily agree to participate.

Wellness Sanctions

Wellness sanctions allow engagement with resources to encourage healthy life choices. The sanctions are a pathway to these resources and students may choose to pursue the resources further after the initial assessment/intake.

• Alcohol in College: This online course addresses the impacts of alcohol, the way they play out in social settings, and how to set boundaries around substance use.
• Substance Abuse Assessment: The student is required to participate in the Substance Abuse Assessment at the University's Counseling Center. In this assessment the counselor will assess the problematic alcohol and/or drug use. This session will include assessment, motivational interviewing, and education. If warranted, the counselor will provide the student with recommendations for additional substance abuse services.
• Wellness Assessment: The student will be required to visit the University's Counseling Center to become more familiar with this important campus resource. The counselor will assess the student's overall mental well-being and provide the student with recommendations. After the initial meeting, the student may decide if they wish to continue to attend the counseling center on an ongoing or sporadic basis.
• Personal Success Circle Intake: Students will engage with Student Accountability and Conflict Transformation staff to determine if they would benefit from engaging in a personal success circle. After the intake, students may decide if they wish to continue.

The sanction package, documented in an outcome letter sent to the student, may include any combination of the categorized sanctions above. Additionally, Accountability Facilitators and Accountability Panels may create other opportunities for learning or growth designed to meet the needs of a particular student or situation and/or identify additional requirements that are appropriate for a particular case.

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

Sanction Guidelines

Below is an outline of how the University 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 although other sanctions may still apply.

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 not listed here may still result in these outcomes if deemed appropriate based on the circumstances. A student's cumulative disciplinary record, 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 considered when deciding how to apply these guidelines.

It should be noted that some community standards encompass within their definition a broad range of behaviors that vary in severity. Behaviors on the lower end of the severity scale may receive a sanction that is less severe than what is listed in these guidelines while behaviors on the high end of the severity scale may receive a sanction that is more severe than what is listed in 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 (cannabis); Paraphernalia	NA	NA	Suspension
Possession or Use (illegal drugs or controlled substances other than cannabis); Prescription Drugs; Driving Under the Influence	NA	Suspension	Expulsion
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
Unauthorized Possession of Property, Destruction or Damage	NA	NA	Suspension
Physical Harm	Suspension	Expulsion	NA

Failure to Complete Sanctions

As expressed in the sanction philosophy, sanctions require the active engagement of students for their benefit to be achieved. Students who fail to complete their sanctions as outlined in their outcome letter may be subject to another accountability 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 University.

Records related to the processes outlined in this code will be maintained indefinitely by Student Accountability and Conflict Transformation. These records are considered part of a student’s education 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 University 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 seven years following a student's last date of attendance for most cases and indefinitely in cases involving suspension or expulsion. Records may also be released with permission from the student.

Typical records requests will include answering standard questions such as whether a student has been found responsible for violating University policy or is eligible for re-enrollment. When release of a student’s disciplinary 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 Student Accountability and Conflict Transformation (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, 2023: Physical Harm; suspended for Spring 2024 semester; sanctions in progress
• October 15, 2023: Unauthorized Entry; sanctions incomplete/overdue
• February 18, 2024: Drugs - Possession or Use; sanctions complete

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

More detailed information, including, but not limited to, copies of letters and incident reports related to a conduct case, may be released with authorization from the student or to comply with a court order. Current and former students may request the release of their records by completing this form.

Sealed Records Policy:

Although records are maintained indefinitely and disclosed as appropriate for at least seven years, students may, under certain circumstances, request that their records be sealed. Sealed records will not be disclosed unless specifically requested by the student or required by law.

Students may request their disciplinary record be sealed by completing the Sealed Record Request Form. Upon receipt of the request, Student Accountability and Conflict Transformation may require the student to attend a meeting with an administrator or provide additional information before making a determination. If the request is approved, the record will be sealed. If a student is found responsible for a subsequent violation after the record has been sealed, the record will be shared with the Accountability Facilitator or Accountability Panel for the purpose of determining an appropriate sanction in the new case. Additionally, the subsequent finding may result in the previously sealed record being unsealed at the discretion of Student Accountability and Conflict Transformation, making it once again subject to disclosure according to this policy.

To be considered, a request must:

• Be submitted at least one year following the date of the most recent incident that resulted in the record
• Not be related to an incident that resulted in suspension or expulsion from the University
• Not be related to an incident involving violations of the University's Equal Opportunity, Harassment, and Non-Discrimination Policy
• Not be related to an incident that involved violent behavior

Submission of a request to seal a disciplinary record does not guarantee the request will be granted. Factors to be considered in a review of such requests include, but are not limited to:

• The frequency and quantity of violations on the student's record (typically, only requests involving a single incident will be approved)
• The severity and impact of the violation(s)
• Completion of all assigned sanctions

Moravian University is grateful for the numerous professional resources made freely available by their creators that are continuously consulted 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.