Off-Campus Misconduct Policy
Beginning in the Fall of 2001, Penn State Altoona was given permission to adopt the same policies implemented at University Park regarding the off-campus behavior of students as described in this
document. While the University has a primary duty to
supervise behavior on its premises, there are many circumstances where the
off-campus behavior of students affects a Substantial University Interest and
warrants disciplinary action.
The Pennsylvania State University expects students to
conduct themselves in accordance with the law. Student behavior off the premises
of the campus that may have violated any local, state, or federal law, or yields
a complaint from others alleging law violations or student misconduct will be
reviewed by the University. Upon receipt of a complaint alleging off-campus
student misconduct the Director of Judicial Affairs will review the allegations
and if necessary consult with a Senior Student Affairs Administrator to
determine the appropriate course of action by the University. When students are
found responsible for behavior off-campus that both meets the definition of
affecting Substantial University Interest, and violates the Code of Conduct,
sanctions will be applied.
Under normal circumstances, the Off-Campus Misconduct Policy
will be reviewed simultaneously by the University. However, the University may
defer action until the proceedings of the criminal or civil action have been
completed when requested to do by the student. Such a request will be considered
by Judicial Affairs following an initial review of the circumstance and the
basis for the student’s request. Whether or not such a request is made and
approved, students may also delay action by Judicial Affairs by seeking a
Disciplinary Withdrawal, whereby they would withdraw from the University until
the criminal matter has been resolved. At the same time, where there is a
compelling reason (such as concern for the safety of other students), Judicial
Affairs may, after an initial review of the of the evidence, impose the sanction
of Interim Suspension, requiring that the student leave the campus pending
disciplinary proceedings or medical evaluation.
Student conduct committed off the campus which affects a
Substantial University Interest is conduct which:
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Constitutes a violation of local, state or federal law.
Included are repeat violations of any local, state or federal law
committed in the municipality where the University is located.
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Indicates that the student may present a danger or threat
to the health or safety of him/herself or others.
-
Significantly impinges upon the rights, property or
achievements of self or others or significantly breaches the peace and/or
causes social disorder.
-
Is detrimental to the educational interests of the
University.
Any off-campus student behavior that affects a Substantial
University Interest (as previously defined) violates the Code of Conduct and is
subject to disciplinary action following standard University procedures (
In accordance with University disciplinary procedures, students are entitled
to contest any allegations and/or sanction and may request a hearing or review
before an Administrative Hearing Officer or the University Hearing Board. The
hearing body will review the referred incidents for
off-campus misconduct in the same manner they do for violations that have
occurred on University premises. The hearing body may also consider whether or
not the referred off-campus misconduct affects Substantial University Interest
and whether the behavior should be subject to University disciplinary action.
The University has established sanctioning guidelines for
University Code of Conduct violations. Specific sanctions established for
off-campus misconduct will vary just as sanctions do for on campus violations
depending upon the individual nature of each situation including the student’s
prior misconduct record.
The sanctions for off-campus misconduct range from a
Disciplinary Warning to Expulsion. The following is a sample list of misconduct
behaviors and/or law violations in each of the University's sanctioning
categories of Minor, Moderate and Major. This listing does not take into
consideration a student's prior disciplinary record. Therefore, those students
with a history of prior misconduct may receive firmer sanctions than those
listed below for any particular act of misconduct. Also, this list is not
designed to be comprehensive and the University reserves the right to respond to
any off-campus misconduct that affects a Substantial University Interest as
defined above.
MAJOR STUDENT MISCONDUCT BEHAVIORS /LAW VIOLATIONS:
The University Student Code of Conduct violations committed off
the campus that typically would fall into the MAJOR category and yield a
sanction range of Suspension to Expulsion are:
Homicide; Manslaughter; Kidnapping; Delivery of Illegal Drugs;
Assault and Abuse of a Person; Sexual Assault; Rape; Incest; Ethnic
Intimidation; Crimes Motivated by Intolerance; Child Pornography; Confining
Others; Domestic Violence; Burglary; Robbery; Major Thefts; Arson; Resisting
Arrest or Detainment; Creating or Contributing to a Dangerous Condition;
Engaging in acts which encourage, prolong or contribute to a public disturbance
(e.g. riot, failure to disperse); Distribution of Illegal Drugs; and Serious
cases of: Hazing, Harassment and Stalking; Direct Threat of Harm; Unlawful Use
or Possessions of Weapons.
MODERATE STUDENT MISCONDUCT BEHAVIORS/LAW VIOLATIONS:
The University Student Code of Conduct violations committed off
the campus that typically would fall into the MODERATE category and yield a
sanction range of Probation* to Indefinite Expulsion are:
Simple Assaults; Fights with Injury; Driving Under the
Influence; Furnishing Alcohol to Minors; Endangering Self or Others; Unlawful
Entry; Theft; False Swearing, Reports, Witness and Identification; Impersonating
a Public Servant; Obstructing an Official in their Duties; Aiding or Abetting in
a Crime; Public Lewdness; Firearms Violations; Obstructing a Public Throughway;
Public Drunkenness; Disrupting Meetings or Operations of Others and Processions;
and Corruption of Minors.
*Probation may include a notation on the student's transcript
MINOR STUDENT MISCONDUCT BEHAVIORS/LAW VIOLATIONS AT
UNIVERSITY PARK AND OTHER LOCATIONS AS DESIGNATED BY UNIVERSITY PARK, ALTOONA
AND BERKS:
The University Student Code of Conduct violations committed off
the campus that typically would fall into the MINOR category and yield a
sanction range of Disciplinary Warning to Probation* are:
Disorderly Conduct; Retail Theft; Criminal Mischief; Loitering;
Public Nuisances; State Alcohol Violations, except Furnishing Alcohol to Minors
and Driving Under the Influence (included in the Moderate category); Possession
of Illegal Drugs and Public Damage.
*Probation may include a notation on the student's transcript.
The University will review all second or subsequent student misconduct behaviors
stated above in the Minor category. Although the continuum of sanctioning for
behaviors under the Minor category range from Disciplinary Warning to University
Probation, because these are repeat acts of misconduct, sanctions would
typically include sanctions greater than probation.
