Rights & Responsibilities

A. “Adjudication” refers to the process of resolving a Community Standards matter through a determination of responsibility followed by appropriate disciplinary action as warranted.

B. “Administrative Hearing” refers to the resolution process in which a Community Standards Officer determines if a Student or Student Organization is responsible for violating the Community Standards.

C. “Appeal” refers to a review of the case with the purpose of granting or denying a Respondent’s appeal after an adjudication.

D. “Community Standards” refers to standards of behavior set forth in this policy.

E. “Community Standards Board Hearing” refers to a resolution process in which Community Standards Board members determine if a Student or Student Organization is responsible for violating the Community Standards.

F. “Community Standards Officer” refers to a faculty or staff member responsible for administering and resolving cases involving alleged violations of the Community Standards.

G. “Community Standards Process” refers to the sequence of events that occurs when there is a report of misconduct, which, if determined to be true, violates the Community Standards.

H. “Complainant” refers to the party who has reported a formal complaint of alleged misconduct. Note that the University may also serve as a Complainant.

I. “Disciplinary Outcomes” refers to any action taken, including but not limited to, assignments given, fines or financial charges imposed, and/or restrictions placed on a Student or Student Organization, upon a finding that the Student or Student Organization is responsible for violating the Community Standards.

J. A “Hold” refers to a suspension of a Student’s account that may prevent a Student from registering for classes, adding classes, having transcripts released, and receiving a diploma. A Hold may further affect a Student’s ability to conduct any other official University business.

K. “Information Gathering” refers to the process in which the Community Standards Officer may engage relevant parties in collecting information about alleged violations of Community Standards. This may include interviews.

L. “Interim Measure” refers to any action deemed necessary to protect the safety and well-being of members of the University community until information gathering concludes or a resolution is reached. This may include emergency removals.

M. “Policy” refers to any written rule, regulation, or standard of behavior authorized and enforced by the University.

N. “Preponderance of the Evidence Standard” refers to the evidentiary standard used in the Community Standards Process. Preponderance of the Evidence means that it is more likely than not, or that the evidence is greater than 50%, that the alleged violation occurred. For more information visit here.

O. “Resident” refers to any Student who has signed a University Housing Agreement or an agreement with a University affiliate to reside in University owned, affiliated, or managed property.

P. “Resource Person” refers to a University faculty or staff member, or enrolled student, who supports a Complainant or Respondent through the Community Standards Process. In the context of a Community Standards Board hearing, the Resource Person cannot speak for the Student but can attend the Board Hearing, assist the Student in developing information to be presented to the Board, and provide general support to the Student through the process.

Q. “Respondent” refers to a Student or Student Organization that has allegedly violated the Community Standards.

R. “Social Host” refers to a Student or Student Organization who provides alcohol or a space for the consumption of alcohol in a social setting.

S. “Student Organization” refers to any number of students who, in association, are recognized by University.

T. “Student” refers to all persons registered or actively enrolled to take courses at the University or on a Leave of Absence from the University. This includes both full-time and part-time, pursuing undergraduate, graduate, postgraduate, and certificate studies.

U.  “Support Person” refers to the right of a Complainant or Respondent to bring one (1) person to the Board Hearing to support them through the process. The Support Person can advise the student during the Board Hearing but cannot speak on behalf of the Student. The Support Person may be an individual of the Complainant or Respondent’s choosing, as long as they are not involved in any other aspect of the case. A Respondent and Complainant may choose to bring an attorney as their support person during a Board Hearing but the attorney will not be permitted to speak on behalf of the student and will be subject to the same restrictions on participation as other non-attorney persons serving in the role.

V. “Thomas Jefferson University Campus” or “Campus” refers to all land, buildings, facilities, and other property affiliated, owned, used, or controlled by the University.

W. “Community Standards Board” refers to trained faculty, staff, and students who have been selected to serve as representatives of the University in making determinations of responsibility in cases of alleged violations of the Community Standards and for recommending disciplinary action where applicable.

X. “University Housing” refers to any property owned, operated, or affiliated with the University.

Y. “University Official” refers to any person employed by the University performing assigned administrative or professional duties. This includes student workers including, but not limited to, Building Managers, Resident Assistants and Office Assistants.

The University has the authority to resolve cases of alleged violations of University policies, rules, regulations, and standards of conduct. The University’s authority through the Community Standards Process applies to the following individuals, groups, and circumstances:

1. Any person registered or actively enrolled to take courses at the University or on a Leave of Absence from the University is considered a Student and is subject to the Community Standards.
2. Students who have not yet withdrawn from the University remain accountable to the Community Standards.
3. Organizations, groups, or associations of students must follow the Community Standards, and established guidelines by their University office or department of recognition. If a Student engages in prohibited conduct on behalf of their Student Organization, both the Student and the Student Organization may be held responsible for violations of the Community Standards. The University has the authority to determine whether the Student Organization, individual members, or both should receive notice of alleged violations on a case-by-case basis.
4. The Community Standards apply to Students and Student Organizations both on and off Thomas Jefferson University property.
5. If a Student withdraws from the University after engaging in conduct that may violate the Community Standards, but before the alleged violation has been resolved through the Community Standards Process, the Student’s record may be placed on a Hold and the case resolved even if the Student declines to participate. A Student’s ability to return to the University may be contingent on the outcome of the Community Standards Process.
6. A Student may not be approved for graduation until all allegations of misconduct have been resolved.
7. The University expects that all Students and Student Organizations abide by laws enforced by the federal government, the Commonwealth of Pennsylvania, and local municipalities. When a Student or Student Organization’s misconduct implicates federal, state, or local laws, the appropriate law enforcement officials may be contacted. If the University is made aware of allegations of misconduct by law enforcement officials, a concurrent Community Standards Process may be initiated. Upon request, the Community Standards Process may be delayed pending the resolution of a criminal process and subject to Interim Measures as appropriate. Legal proceedings and the Community Standards Process are otherwise separate processes.

Students are required to follow a code of behavior consonant with the high standards and reputation of the University. Standards of professional behavior include honesty, integrity, civility, and assistance to one’s colleagues as appropriate.

Set forth below is a listing of misconduct prohibited by the various standards, policies, and regulations generally governing behavior of University community members. This listing is not intended to be exhaustive. As appropriate, reference is made to where each policy can be found in its entirety. To the extent that there is inconsistency between a referenced policy and the list below, deference is given to the referenced policy.

This section contains two categories of policies that comprise the Community Standards.

1. The RAM-nesty (Amnesty) Policy - A policy that can apply to Students or Student Organizations that seek medical assistance for someone experiencing a medical emergency due to the use of alcohol or drugs.
2. Subject to the Community Standards Process – A sampling of policies that apply to all Students and Student Organizations. Note that this list is not intended to be exhaustive.

A. Amnesty Policy

The University’s primary concern is the health and safety of its students. The University is aware that Students are sometimes reluctant to seek medical attention in alcohol and drug related emergencies out of fear that they may face disciplinary action related to possessing or consuming alcohol or drugs. Given that these emergencies are potentially life-threatening, the University seeks to create a culture of trust and care paired with safety and responsibility while reducing any barriers that prevent students from seeking assistance. In compliance with the Timothy J. Piazza Anti-Hazing Law, C.S. § 2810, et seq. (Safe Harbor), RAM-nesty (Amnesty) Policy (RAP) provides amnesty from disciplinary action for Students or Student Organizations who seek medical assistance during an alcohol or drug related emergency.

Applications of the RAM-nesty (Amnesty) Policy

Requirements for the RAM-nesty (Amnesty) Policy (RAP) to apply are as follows:

1. An individual Student who experiences a medical emergency due to consumption of alcohol or drugs and personally seeks medical assistance will not be considered responsible for violating the Alcohol, Drugs and Prohibited Substances Policy.
2. Students who seek immediate medical assistance for another Student who could be in violation of the Alcohol, Drugs and Prohibited Substances Policy will not be considered responsible for violating these policies. Students who call for assistance must remain with the Student experiencing the medical emergency until assistance arrives, barring immediate threats to personal safety.
3. Students who report allegations of hazing activity related to Alcohol or Drugs will not be considered responsible for violating the Alcohol, Drugs and Prohibited Substances Policy.
4. Student Organizations and Social Hosts must seek immediate medical assistance for a Student who is experiencing an alcohol or drug related emergency. The responding Student Organization or Social Host will not be considered in violation of the Alcohol, Drugs and Prohibited Substances Policy. Representatives of the Student Organization or the Social Host must remain with the Student experiencing the medical emergency until assistance arrives, barring immediate threats to personal safety.
5. For RAP to apply, the Student(s), Student Organization, or Social Host will need to attend a meeting with a Community Standards Officer and complete any educational and/or wellness related education. Failure to attend the meeting or complete the required education may result in allegations of misconduct to be addressed through the Community Standards Process.

Examples in which the RAM-nesty (Amnesty) Policy (RAP) will not be applied to Students or Student Organizations include, but are not limited, to the following:

1. Mandatory reporting of violations of the Alcohol, Drugs and Prohibited Substances Policy may be required by some of the University’s professional programs regardless of amnesty status.
2. Students should be aware that RAP does not provide amnesty for criminal, civil, or other legal consequences for violations of Federal, State, or Local laws.
3. RAP only applies to the Alcohol, Drugs and Prohibited Substances Policy within the Community Standards and will not be applicable to other alleged violations of Community Standards. The use/abuse of alcohol or drugs does not excuse other forms of misconduct.
4. RAP does not apply to Students or Student Organizations when a Student experiencing a medical emergency is found by Law Enforcement or a University employee, including, but not limited to, Public Safety, faculty and staff, Resident Assistants, and other student staff.
5. RAP is not intended to shield or protect Students or Student Organizations that repeatedly violate the Community Standards.
6. RAP cases will be maintained by the University but will not be a part of the Student’s official disciplinary record.
7. The Dean of Students (Dean), the Vice Provost for Students Affairs (VPSA) or their designee reserves the right to revisit the applicability of RAP on a case-by-case basis.
8. The Dean, the VPSA or their designee reserves the right to contact any Student or Student Organization to discuss an incident or related matter regardless of if RAP could be applied.

B. Policies Subject to the Community Standards Process

Violations of University policies, including but not limited to those listed below, will be addressed through the Community Standards Process.

1. Academic Integrity Policy Violations

Please see the Academic Integrity Policy.

2. Alcohol, Drugs & Prohibited Substances Policy

Alcohol

The possession and consumption of alcoholic beverages on the campus of the University and at university-related events is regulated by the statutes of the Commonwealth of Pennsylvania and is therefore prohibited to those under the age of 21. The use of alcohol, by any person(s), to the extent that the safety to self or others on the campus is jeopardized, is prohibited.

Violations of the University Alcohol Policy include, but are not limited to:

• Consumption, distribution, manufacture, transportation, or possession of alcoholic beverages by any person less than 21 years of age, either on or off-campus.
• Providing alcoholic beverages to any person less than 21 years of age. Directing, requiring, or encouraging underage persons to be in a space where alcohol is easily accessible may be considered a violation of this policy.
• Being less than 21 years of age and in the presence of alcohol.
• Possession by any person less than 21 years of age of paraphernalia associated with consumption of alcoholic beverages including but not limited to empty alcoholic beverage bottles.
• Public intoxication as indicated by appearance or behavior, such as slurred speech, unstable walk, unconsciousness, destruction of property, use of abusive language, smell of alcohol on breath or on person, vomiting, or disturbance to others.
• Possession or use of kegs or similar bulk containers of alcohol.

Drugs

The possession, distribution, and/or use of illegal drugs on University property are regulated by the laws and statutes of the Commonwealth of Pennsylvania and the United States and are therefore prohibited. The University reserves the right to test students for the presence of drugs or alcohol in their system upon reasonable suspicion or for other reasons necessitated by their programs, such as participation in clinical or experiential learning. Violations of the University Drug Policy include, but are not limited to:

• Any student attending a University event, class, or experiential learning under the influence of prohibited drugs or who has a positive drug screen.
• Except as permitted by law, being in the presence of, consumption, use, distribution, manufacture, transportation, or possession of illegal drugs or any controlled substance on campus (including, but not limited to, marijuana, inhalants, and abuse of over-the-counter drugs and prescription drugs).
• Being under the influence of illegal drugs or any controlled substance (including, but not limited to, marijuana, inhalants, and abuse of over-the-counter drugs and prescription drugs) as indicated by appearance or behavior, such as slurred speech, unstable walk, unconsciousness, destruction of property, use of abusive language, smell, vomiting, or disturbance to others.
• Sale, distribution, or trade of illegal or prescription drugs.
• Providing a space for the consumption of illegal drugs.
• Possession of drugs or drug-related paraphernalia.

More information on the University’s policies regarding alcohol and drugs:

A. Alcohol, Drugs, and Prohibited Substances Policy
B. Student Organization Events Policy

Additional rules regarding alcohol and drugs are set forth in the Residential Facilities Policies and in rules governing other University programs.

Students and Student Organizations should familiarize themselves with the RAM-nesty Policy (RAP) and how amnesty can apply if conditions are met during a medical emergency. The Community Standards Officer will make the final determination on the application of RAP to any alleged policy violation.

3. Bias, Discrimination & Harassment

The University holds itself accountable, at every level of the organization, to nurture an environment of inclusion and respect, by valuing the uniqueness of every individual, celebrating, and reflecting the rich diversity of its communities, and taking meaningful action to cultivate fairness, belonging and opportunity. Bias, Discrimination and Harassment, as defined below, is prohibited. Retaliation against an individual who has made a good faith complaint is prohibited.

1. Bias incidents include conduct or behavior (verbal, nonverbal, or written) that is threatening, harassing, or discriminatory, and is grounded on any characteristic protected by law including but not limited to a person’s sex, age, race, color, religion, sexual orientation, gender identity, gender expression, marital status, pregnancy, national origin, ancestry, citizenship, military status, veteran status, disability, or any other protected group or status.
2. Discrimination, under this policy, is conduct that is grounded on any characteristic protected by law including but not limited to a person’s sex, age, race, color, religion, sexual orientation, gender identity, gender expression, marital status, pregnancy, national origin, ancestry, citizenship, military status, veteran status, disability, or any other protected group or status; or is used as the basis for or as a factor in decisions affecting that individual’s working, education, living environment, or participation in a University activity.
3. Harassment is unwelcome verbal, written, electronic, or physical conduct when that conduct is grounded on any characteristic protected by law including but not limited to a person’s sex, age, race, color, religion, sexual orientation, gender identity, gender expression, marital status, pregnancy, national origin, ancestry, citizenship, military status, veteran status, disability, or any other protected group or status; and such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance by creating an intimidating, hostile, humiliating, demeaning, or offensive employment, academic, or social environment.

4. Camping or Shelter Construction

Constructing shelters, camping, or sleeping on University-owned or operated properties is prohibited, unless otherwise authorized by the Department of Public Safety.

5. Complicity

Encouraging, assisting, conspiring and knowledge of or being an accessory to any prohibited or unlawful conduct will be considered a violation of this policy.

6. Destruction of Property

Damage, attempted damage, or participating in the damaging of property belonging to or in the care of the University by a member of the University community or a campus visitor is prohibited.

Acts of vandalism on and off campus will be considered a violation of this policy. Damage that is caused accidentally must be promptly reported to the appropriate authority or University official. Failure to report significant accidental damage will be considered a violation of this policy.

Additional policies concerning damage/destruction of property in residential facilities can be found in the Residential Facilities Policies. Students residing in residential facilities should familiarize themselves with damage reporting procedures.

7. Dishonesty/Falsification of Information:

The following behaviors constitute examples of Dishonesty/Falsification of Information. This list is not exhaustive.

1. Providing false, misleading, or misrepresented information to any University official or office.
2. Awareness that false information is provided by others and not taking action to correct the information.
3. Withholding information from University officials.
4. Forgery, alteration, or misuse of documents, or identification.
5. Students should also refer to the Academic Integrity Policy.

8. Disorderly Conduct

Behavior that disturbs the peace, academic study, or sleep of others either on or off campus is prohibited.

Disorderly Conduct in Class/Experiential/Research Settings

Examples of disorderly conduct in class/experiential/research settings includes, but is not limited to the following:

1. Excessively leaving and entering a classroom/virtual learning environment without authorization.
2. Intentional obstruction or disruption of teaching, research, or administration.
3. Making loud or distracting noises.
4. Persistently speaking without being recognized such that it interferes with the learning environment.
5. Repeatedly dominating online discussion boards or forums such that it interferes with the learning environment.
6. Students are required to comply with reasonable requests from a professor, instructor, or other University official regarding appropriate behavior.

Disorderly Conduct Outside of Class/Experiential/Research Settings

Examples of disorderly conduct in settings outside of class/experiential/research settings include, but are not limited to the following:

1. Excessive noise.
2. Lewd or indecent conduct.
3. Throwing, dropping, or projecting any object or substance that has the potential for causing damage to property, injury, or disruption.
4. Inappropriate interference with the ability of others to enter, use, or exit any University facility, service, or activity.
5. Intentionally and inappropriately interfering with the freedom of expression or movement of others.
6. Interfering with a University activity such as recreation, meetings, and public events.
7. Disorderly conduct at gatherings on or off campus.
8. Interference with the University’s Community Standards Process.
9. Various outdoor student activity programs require the use of sound amplification equipment. The University reserves the right to specify where and when such amplification equipment may be used.

9. Failure to Comply

Failure to comply with the directives of University, local, state, or federal officials performing official duties including, but not limited to:

1. Failure to identify oneself or cooperate with Public Safety, Residential Life staff, or other University officials.
2. Failure to complete assigned disciplinary outcomes.
3. Failure to vacate any premises when requested.

10. Failure to Safeguard Information

Failure to safeguard confidential information including but not limited to:

1. Sharing of computer ID or password.
2. Accessing medical records, computer based or otherwise, for purposes unrelated to personal responsibility for patient care.
3. Accessing or sharing confidential information of another student.
4. Violation of the HIPAA Privacy Policy (#122.0).

11. Fire Safety

In order to protect the personal well-being and safety of the community, the University enforces all fire safety regulations including those listed in the Residential Facilities Policies and the Fire Safety Policies.

12. Gambling & Solicitation

Students are expected to abide by federal, state and local laws governing gambling. Gambling for money or other things of value on campus or at university-sponsored activities is prohibited except as permitted by law.

Solicitations and sales are not permitted without proper authorization from the University.

13. Guests

 Students are responsible for the guests they invite, bring, or host on campus. The behavior of guests on campus will be attributed to their University host.

Guests are required to provide an acceptable form of photo identification (government issued identification or university/college/school ID) when requested by a university official.

Additional policies concerning guests in residential facilities can be found in the Residential Facilities Policies.

14. Hazing Policy

The purpose of the Hazing Policy is to protect the safety and rights of all University students who choose to join or associate with a sorority, fraternity, varsity sport, club or other University affiliated organization as defined by federal and state law.

15. Intimidation/Threats

Intimidating conduct that would cause a reasonable person to feel as though there was an imminent threat to their health (mental or physical), safety, or personal property is prohibited.

Engaging in conduct, including gestures, written, verbal, or physical acts, or any electronic communication (i.e., emails, text messages, and Internet postings on websites or other social media) considered severe or pervasive and/or that substantially disrupts or interferes with the rights of a Student or any other member of the University community will result in disciplinary action.

16. Law and Policy Compliance

Violation of University policy, rules, or regulations is prohibited.

Violation of federal, state, or local laws and ordinances is likewise prohibited.

Students have an ongoing obligation to notify the University of any criminal conviction of a misdemeanor (including a summary offense) or felony regardless of location within thirty (30) calendar days of the occurrence of the conviction or as detailed in the University Catalog & Handbooks.

17. Pets/Animals

Students are not allowed to bring animals, regardless of ownership, into University-owned or operated buildings, or leave/chain an animal outside a University-owned or operated building.

Animals that can be leashed must be kept on a leash while on campus.

Animals that cannot be leashed must be securely contained while on campus. All actions of, or damage caused by, any animal will be the responsibility of the owner and/or the guardian at the time of the incident.

For information about service or assistance animals, please refer to the University’s Assistance Animals Policy which can be found here. Failure to comply with the Assistance Animals Policy guidelines may be a violation of this policy.

18. Physical Violence

Physical violence or threatened physical violence towards another person or group is prohibited.  The University reserves the right to determine whether violence in the form of self-defense was reasonable and appropriate given the underlying circumstances.

19. Privacy and Electronic Media Violations

The misuse of electronic media devices, systems, or methods (“hacking”) is prohibited, including but not limited to using cellular phones, tablets, data storage devices, cameras, printers, computers, computer lines and networks or computing facilities in ways that:

1. Make or disseminate an audio, photo, or video record of any person(s) without prior knowledge or effective written consent where a reasonable person would find the audio, photo, or video inappropriate, or where the audio, photo, or video was made in violation of state or federal law.
2. Alter or access another’s voice mailbox, email account, website, social media accounts, or other online presence without permission or creating social media accounts for someone without permission.
3. Recording or eavesdropping on video or audio communications where there is an expectation of privacy may be a violation of this policy.
4. Students should also refer to the Use of Electronic Recording Devices Policy, which can be found here.

20. Retaliation

The University prohibits any member of the community from retaliating against any person for raising good faith concerns about student behavior. Retaliation is defined as any adverse action taken against a person in response to that person’s participation in a University complaint process, such as the Community Standards, including but not limited to the following:

1. Reporting an incident of alleged misconduct.
2. Filing a complaint through the Community Standards Process, and/or other University complaint process.
3. Cooperating in an inquiry or information gathering about an incident of misconduct.
4. Participating in any of the University’s complaint resolution processes in any capacity.
5. Participating as a Board member on a University Community Standards Board.

Retaliation can include a wide variety of behaviors. Examples of retaliation behavior include, but are not limited to:

1. Stalking, harassment, intimidation, threats, or engaging in physical violence.
2. Adverse social actions such as exclusion or removal from a living community, student organization, or committee, or publishing personally identifiable information about an individual including on websites or social media sites.
3. Encouraging or asking others to engage in retaliatory behavior on one’s behalf.

This policy applies to retaliation by Students. Allegations of retaliation by faculty or staff should be directed to the faculty or staff member’s supervisor, Human Resources, the Office of Student Affairs, or the Office of the Dean of Students.

21. Sex and Gender-Based Misconduct Policy

The University prohibits misconduct based on sex or gender and is committed to ensuring compliance with Title IX of the Education Amendments of 1972.  Alleged violations of the Sex and Gender-Based Misconduct Policy should be reported to the University’s Title IX Coordinator. For more information on reporting and resolution of Sex and Gender-Based Misconduct concerns please see the Sex and Gender-Based Misconduct Policy. If the grievance procedures outlined in the Sex and Gender-Based Misconduct Policy are not applicable, as explained in the Policy, the prohibited conduct may be addressed through the Community Standards at the discretion of the University.

22. Theft

Violations of the University’s Theft Policy include, but are not limited to:

1. Taking, attempting to take, or assisting in the taking of money, property, services, identity, or any item of value for which the person does not have rightful possession.
2. Using property or services without proper authorization or permission.
3. Knowing, possessing, retaining, or disposing of any stolen property even if there is intent to return the property.

23. Unauthorized Access/Entry

Unauthorized access or entry to any property (including computer networks) owned or operated by the University is prohibited.

The University prohibits access to roofs, balconies, railings, ledges, and fire escapes of all University owned or operated buildings. In addition, the University prohibits using windows as entries and exits into buildings.

24. Weapons Policy

The possession of weapons on University property or at University-sponsored events is prohibited. Students should not keep, use, possess, transport, or display the following list of weapons. This list is not exhaustive.

1. 3-D printed weapons
2. Airsoft rifles/pistols
3. Ammunition including rounds, casings, shells, clips, magazines, cartridges, and paint pellets
4. Bows, crossbows, and arrows
5. Brass knuckles
6. Dangerous knives (for example: switchblades or any knife with a blade over 3” that is not designed or used for food preparation or eating)
7. Decorative swords
8. Explosives or explosive chemicals
9. Guns (handguns, shotguns, semi-automatic weapons, automatic weapons, rifles, etc.)
10. Lethal or dangerous devices capable of causing injury
11. Makeshift weapons
12. Martial art weapons (for example: nunchucks, clackers, kung fu sticks, shuriken)
13. Pellet, BB, or Cap guns
14. Projectile weapons triggered by air, gas, explosion, or mechanical means
15. Stun guns or Tasers

Realistic facsimiles of weapons are also specifically prohibited. Please also refer to the Department of Public Safety’s Weapons Policy.

When a Student or Student Organization fails to abide by these guidelines, the University will gather information and resolve any concerns through the University Community Standards Process as described below. 

A. Reporting

Any individual wishing to initiate a formal complaint of alleged misconduct against a University Student or Student Organization should refer to the information below for reporting options.

To report incidents of:

* Hazing
* Sex and Gender-Based Misconduct

There is no time limit as to when a formal complaint may be initiated against a Student, provided they were a University student at the time of the alleged incident. However, passage of time may impact the availability of information relative to the complaint and impede the information gathering process.

The University reserves the right to pursue disciplinary action and to serve as the Complainant by initiating disciplinary action as it deems warranted.

The University may impose interim measures upon a reasonable belief that a serious violation of the Community Standards has occurred and in order to ensure the safety and well-being of members of the University community, to protect University property, or to prevent disruption of University operations.

The Dean, the VPSA, or their designee can impose a range of Interim Measures. Students or Student Organizations must comply with the requirements of the Interim Measure(s), and failure to do so may result in additional disciplinary action.

A. Interim Suspension

The Dean, VPSA, or their designee shall have the authority to interim suspend a Student or Student Organization. During an interim suspension, a Student is  denied access to campus (including all residential and campus facilities on all Thomas Jefferson University campuses), clinical rotations, classes, University activities, and privileges. Student Organizations that are in receipt of an interim suspension notice must cease operations as a formal organization until the matter is resolved. Student Organizations must follow all restrictions outlined in the interim suspension notice. The University will notify the Student or Student Organization representative in writing of the suspension including the reason for interim suspension, the specific restrictions in place, and the Student/Student Organization’s right to have the interim suspension reviewed.

Examples of conduct which may result in an interim suspension include, but are not limited to, the following:

1.    Violations of University policy related to health, safety, or welfare of the University or any of its community members.

2.    Unlawful possession, sale, distribution, or trade of illegal or prescription drugs.

3.    Distribution, sale, or trade of alcoholic beverages on University property to underage members of the community.

4.    Active discrimination or harassment against another individual under circumstances that in the University’s discretion warrants an interim suspension.

5.    Physical abuse or assault.

6.    Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other activities authorized to take place on University property.

7.    Disorderly conduct, including without limitation acts which breach the peace and/or are lewd, indecent, or obscene.

8.    Where a student is arrested and/or charged with violation of state or federal laws.

B. Interim Ban from Campus

The Dean, VPSA, or their designee shall have the authority to restrict a Student’s rights to be present on campus or on other property owned, operated, or controlled by the University. In the case where a Student is placed on an interim ban from campus, they may be permitted to take courses remotely.

C. Interim Removal & Ban from Housing

Where there is a reasonable belief that a serious violation of the Community Standards has occurred, the Dean, VPSA, or their designee may require the immediate removal and ban of the individual or individuals allegedly involved from University owned or operated housing. While on this status, Students are banned from entering any University owned or operated housing.

D. No Contact or Communication Directive

The Dean, VPSA, or their designee may issue a No Contact or Communication Directive to Students involved in alleged misconduct, whether disciplinary action is taken or not. No Contact or Communication Directives may also be issued as an interim measure while alleged violations of the Community Standards are  adjudicated. A No Contact or Communication Directive is used to restrict encounters and communications between individuals. This measure may be issued temporarily and/or permanently. The Dean, VPSA or their designee determine the issuance and length of a No Contact or Communication Directive.

While a No Contact or Communication Directive in and of itself does not constitute discipline and will not appear on a Student’s disciplinary record, refusal to adhere to the order after written or verbal notification of its terms is prohibited and may result in disciplinary action, including suspension or expulsion.

Appeal of an Interim Measure

A Student may request the review of an Interim Measure by submitting an appeal in writing within five (5) business days of the imposition of the measure. The appeal should be submitted via email to the Dean of Students (East Falls Students) or to the VPSA (Center City Students). The interim measure will remain in effect for the duration of the appeal. If requested, the Student may, at the University’s discretion, be granted the opportunity to appear personally before the Dean, VPSA or their designee.

The Student is permitted to have a Support Person of their choice attend the review. The purpose of the review is to determine whether the Interim Measure was improvidently imposed, and only facts and issues related to the decision to impose the Interim Measure may be addressed.

As a result of the review, the Dean, VPSA or designee may:

1.   Uphold the Interim Measure

2.   Revoke the Interim Measure or

3.   Amend the Interim Measure (e.g., permit the student to attend classes but otherwise remain off campus).

As members of the University community, individuals have certain rights and responsibilities in addition to the limitations imposed by federal, state, and local laws. For our community to thrive, all Students and their guests must conduct themselves respectfully, lawfully, and responsibly in a manner that preserves the integrity of the learning environment. As befits an institution of higher education, the University’s standards of behavior and conduct generally are more demanding than those required of the public. 

A. Student and Student Organization Rights

Within the context of the Community Standards Process, Students and Student Organizations have the following rights:

1.    To be presumed not responsible unless found responsible for violation of the Community Standards.

2.    To receive written notice of the alleged Community Standards violations and have those allegations explained clearly and fully in a conversation with a Community Standards Officer.

3.    To have the opportunity to review relevant documentation concerning the alleged violations.

4.    To dispute oral or written statements, including the complaint or report.

5.    To have a Resource Person from within the University community to support them throughout the Community Standards Process.

6.    To present relevant information and witnesses during the process.

7.    To choose not to answer questions asked by a Community Standards Officer.

8.    To be advised of the Appeal Process.

Note: If the Complainant and/or Respondent do not appear for a Hearing, the University reserves the right to proceed in their absence.

B. Student and Student Organization Responsibilities

Students and Student Organizations are responsible for:

1.    Educating themselves and their members on the Community Standards and the Community Standards Process.

2.    Fully cooperating in all parts of the Community Standards Process.

3.    Providing truthful and complete information to any University official, including but not limited to the Community Standards Officer, to the best of their ability.

4.    Completing, in a timely fashion, all imposed disciplinary outcomes of a Community Standards case resolution.

5.    Regularly checking their University email account as reported in Banner for official correspondence regarding Community Standards matters.

Once an alleged violation of the Community Standards has been reported, the Community Standards Process will begin. This section of the Community Standards outlines the information gathering and case resolution processes for both Students and Student Organizations. The University will determine if a case is referred for an Administrative Hearing or Community Standards Board Hearing. Administrative Hearings may not be utilized in cases where the Respondent could be removed from their program, suspended, or expelled from the University.

A. Community Standards Officers

The following members of the University community are Community Standards Officers:

·         Associate Provost, Student Affairs

·         Assistant Provost, Student Affairs

·         Associate Dean of Students

·         College Deans

·         College Associate Deans

·         Assistant Dean and Director of Residential Life

·         Office of Residential Life Staff

·         Community Standards Board Members

·         Other faculty/staff members as designated by the Dean or VPSA Offices respectively

B. Preliminary Review of Complaints

A Community Standards Officer will review all complaints of misconduct to decide as to whether the allegations, if true, would constitute a violation of the Community Standards. The Community Standards Officer has the discretion to make this threshold determination and will issue written notifications of alleged violations where warranted. The Community Standards Officer will take steps to gather relevant information pertaining to a particular report or complaint. This may include review of documentation and interviews of witnesses as appropriate.

C. Notice of Alleged Community Standards Violations

The Community Standards Process begins with a formal notification of alleged violations, which will be sent to the Student(s) or Student Organization representative (hereafter: Respondent) via their assigned University email address. The Notice will include the list of alleged Community Standards violations, the name and contact information of the Community Standards Officer who will be assigned to the case, and information about a scheduled meeting. Students are responsible for checking their assigned University email account regularly.

D. Administrative Hearing

An Administrative Hearing involves a meeting between the Community Standards Officer(s), and the Respondent. The Community Standards Officer(s) and the Respondent will be the only parties permitted to attend and participate in an Administrative Hearing.  There may be disciplinary outcomes imposed following an Administrative Hearing.

The Community Standards Officer will meet with the Respondent and go over the Community Standards Process, the Respondent’s rights, the alleged violation, and the potential outcomes if found responsible. The Respondent will have the opportunity to provide their perspective on the allegations, including additional information and the names of witnesses that they want the Community Standards Officer to interview. The Respondent may be asked to either accept or deny responsibility for the alleged violation. The Community Standards Officer has the discretion to gather further information about the incident based upon the meeting with the Respondent.

After the Administrative Hearing and following any additional information gathering, the Community Standards Officer will determine whether the Respondent is responsible for the alleged Community Standards violation(s), and, if so, issue appropriate disciplinary outcomes.

If the Community Standards Officer determines the potential outcome of a case could rise to the level of removal from an academic program, suspension, or expulsion from the University, the matter will be referred for a hearing before the Community Standards Board.

The Respondent has the right to appeal the decision and outcomes resulting from an Administrative Hearing.

E. Information Gathering

The University has the discretion to determine the extent and breadth of the information gathering process. Information gathering may be performed by the Community Standards Officer directly or by appropriate administrative authorities including, but not limited to, Student Affairs/Life staff, Public Safety, and/or college deans or their designees acting at the direction of the Community Standards Officer. Information gathering may include interviews of the Complainant, the Respondent, and witnesses presented by either party, and/or the review of evidence. The Community Standards Officer has the discretion to determine whether and to what extent additional information gathering is needed.

Information gathering relative to potential violations of the Sex and Gender-Based Misconduct Policy will occur in accordance with that policy and at the discretion of the Title IX Coordinator.

F. Community Standards Board Hearing Process

A Board Hearing will be used at the University’s discretion, typically in cases where removal from an academic program, suspension, and/or expulsion are possible disciplinary outcomes.

1. Community Standards Board

The Community Standards Board hears cases involving alleged violations of the Community Standards, with the exception of Sex and Gender-Based Misconduct matters, which are heard by a single adjudicator (see Sex and Gender-Based Misconduct Policy). The Hearing Board is made up of University faculty, administrators, and students.

2. Community Standards Officer (Hearing Moderator)

A Community Standards Officer acting as the Hearing Moderator will be present at the Board Hearing to facilitate the hearing.

3. Witnesses

A Complainant or Respondent may bring Witnesses to provide information that is deemed relevant to the Board Hearing, provided that the Witness names are submitted to and approved by the Hearing Moderator per the guidelines outlined in the Evidence section below. Witnesses will not be present for the entirety of the Board Hearing. They will only be present during their testimony.

4. Resource and Support Persons

Please refer to the definition section above for information on Resource Person and Support Person as other individuals who may attend the Board Hearing.

5. Board Hearing Process-Pre-Hearing Process

a. Notice of Hearing

Respondents will receive a Notification of a Board Hearing  ten (10) business days in advance via their University email account detailing (1) the date, time, and location of the Board Hearing, (2) the name and contact information of the Community Standards Officer moderating the Board Hearing, and (3) instructions on how to prepare for the Board Hearing. Failure by any party to appear at the Board Hearing may result in a decision made in absentia and the Respondent will be held accountable for any disciplinary outcomes.

b. Evidence

All evidence and witness names must be submitted seven (7) business days prior to the Board Hearing. All evidence will be available for review by all parties five (5) business days prior to the scheduled Board Hearing and will be available to all participants during the Board Hearing.  Newly discovered evidence that was not shared during the information gathering phase will be allowed only at the discretion of the Hearing Moderator. References to prior incidents or prior behavior of any party will not normally be permitted unless relevant and material to the matter at hand in the opinion of the Hearing Moderator. All witnesses must be approved by the Community Standards Officer.

6. Board Hearing Protocols

a.    When a Community Standards case needs to be heard by a Hearing Board, one will be compiled. Hearing Boards are comprised of, at minimum, three (3) administrative/faculty members and two (2) student members.   During summer session or semester breaks, any three (3) Community Standards Board members may hear a case.

b.    All Board Hearings shall be conducted in private and are confidential. Participants may not disclose any part of the proceedings outside the Board Hearing. Board Hearings are limited to the Hearing Moderator, Respondent, Complainant, a Resource Person, a Support Person, approved Witnesses, and the Hearing Board members. A representative from the University’s Office of Legal Affairs may also be present at the University’s discretion.

c.    The Complainant and Respondent will be asked to present a statement during the Board Hearing regarding the incident and alleged violation(s) of the Community Standards.

d.    Parties may not directly question each other or witnesses but may submit written questions to the Hearing Moderator for consideration by the Hearing Board. Questions may be submitted prior to and during the hearing. The Hearing Moderator will determine if the questions are designed to elicit relevant information. The Hearing Moderator has the discretion to deny proposed questions.

e.    In Board Hearings involving more than one Respondent, the Hearing Moderator will determine whether the Board Hearings will be held jointly or separately.

f.     All procedural questions are subject to the final decision of the Hearing Moderator. A Community Standards Board Hearing is not a legal proceeding; therefore, technical rules of evidence associated with criminal and civil courts are not applicable.

g.    Postponements or other changes to the Board Hearing schedule will only be considered in the case of an emergency. Requests should be directed to the Community Standards Officer assigned to the case.

7. Determination of Responsibility

At the end of the Board Hearing, the Respondent and Complainant will be asked to make final statements. All parties will then be dismissed, and the Hearing Board will deliberate in closed session to determine whether the Respondent is responsible for violating the Community Standard(s) in question.

In the case of a finding of responsibility, the Hearing Board will assign the appropriate disciplinary outcome. If the Respondent is found responsible and has prior disciplinary history, the history and disciplinary outcomes previously received will be introduced to the Hearing Board for consideration relative to appropriate disciplinary outcomes for the current matter.

Decisions made by a Hearing Board shall be final, pending the appeal process outlined below. Following the Board Hearing, the Respondent will be informed of the decision of the Hearing Board in writing via their University email account in a timely manner. Complainants do not have appeal rights.

8. Standard of Proof

The decision of the Hearing Board shall be made on the basis of the preponderance of evidence: that is, whether it is more likely than not that the Respondent violated the Community Standards.

Disciplinary Outcomes can include but are not limited to the following:

1.    Administrative Relocation of Housing: A student is involuntarily reassigned from one campus housing location to another campus housing location.

2.    Ban from University Housing: A student is prohibited from entering all or specific University residential buildings for a designated period or permanently.

3.    Deferred Loss of Housing: Deferred Loss of Housing serves as a final warning that any further violation(s) of University policy obligates the University to consider Loss of Housing privileges as a primary response.

4.    Deferred Suspension: Deferred Suspension serves as a final warning to a Student that if the Student is again found in violation of any University policy, the University is obligated to consider suspension as a primary response.

5.    Disciplinary Probation: Disciplinary Probation is imposed for a designated period of time and includes the probability of more severe outcomes if the student is found to be in violation of Community Standards during a probationary period. Some University programs and activities consider a student’s probationary status when determining their eligibility for participating in the program/activity (i.e., study abroad, or varsity athletic competition).

6.    Educational Activity: An Educational Activity is a required activity that is intended to engage the Student in a learning experience related to the Student’s inappropriate behavior.

7.    Expulsion/Dismissal: A Student who is expelled or dismissed is permanently removed from classes and other privileges or activities and may not be permitted to reapply. Expelled students must move out of University Housing, turn in their campus photo ID, University keys, and all other University property at the time expulsion goes into effect and are no longer part of the University. Expelled students will not be permitted on campus, for any reason, without prior approval from the Dean or VPSA Offices. Expulsion or Dismissal may be noted on the Student’s transcript.

8.    Fines: A required monetary payment to the University. All fine money is used toward staff development and student education related to the Community Standards.

9.    Informing College or School: The Community Standards Officer who hears the case or the Hearing Moderator will send notification to the Dean of the College/School indicating that the Student has been found responsible for violation(s) of the Community Standards. The notification will include the policy that was violated and the disciplinary outcome that was imposed for the violation. This notification will not be sent until after an appeal is heard or the appeal submission deadline has passed.

10. Loss of Housing: Loss of Housing is an involuntary removal from University housing for a designated period or permanently. Removal from University housing means that the Student must properly check out of their room in accordance with existing University procedures within the time constraints established by Residential Life. As indicated in the occupancy agreement, the resident Student will be liable for the full room charge specified.

11. Loss of Privileges: Denial or restriction of specified privileges or use of specified facilities for a designated period of time.

12. No Contact/Communication Directive: A No Contact or Communication Directive is used to restrict encounters and communications between individuals. This measure may be issued temporarily and/or permanently. The Dean, VPSA, or their designee determines the issuance and length of a No Contact or Communication Directive.

13. Parental Notification: The University may notify parents/guardians if a student under the age of 21 is found responsible for an alcohol and/or drug violation. The purpose of this practice is to keep parents/guardians informed and to help provide students with additional assistance as they cope with the consequences of their actions. 

14. Random Drug Testing: Students will be required to report to a designated location for drug testing on a random basis. The results of the testing will be shared with appropriate University administrators for further action or referral as appropriate.

15. Restitution: Compensation for loss, damage, or injury through the payment of money or through appropriate work may be required.

16. Revocation of Guest Privileges: The residence hall guest privileges of the resident Student are revoked for a designated period or permanently.

17. Suspension: Removal from classes and other privileges or activities as a student for a designated period of time. A suspended Student must move out of University housing, turn in campus photo ID, University keys, and all other University property at the time the Suspension goes into effect. Students on Suspension lose all privileges of enrolled students and there may be financial repercussions when removed from the institution. The University may specify conditions prior to reinstatement. Suspended Students will not be permitted on campus, for any reason during the Suspension, without prior approval from the Dean or VPSA Offices.

18. Transcript Notation: A notation of the disciplinary outcome will be placed on the Student’s transcript.

19. Written Warning or Reprimand: A written notice to the Student that they have violated the Community Standards, that such conduct will not be tolerated within the University community and that further violation of policy will result in additional disciplinary action.

A. Appeal Rights and Submission

All Students or Student Organizations have the right to appeal their case resolution decision and/or disciplinary outcome(s) to a University Appellate Authority, either the Dean of Students, VSPA, or their designee. The Appeal must be based upon an appropriate rationale, as set forth below, to be considered. The Outcome Letter is the letter sent to the Respondent indicating the finding and, if applicable, disciplinary outcome(s) from the Community Standards Officer in an Administrative Hearing or the Hearing Moderator in a Board Hearing.

A decision reached by a Community Standards Officer in an Administrative Hearing or by a Hearing Board may be appealed by the Respondent(s). A request for an appeal must be submitted in writing to the Community Standards Officer (Hearing Moderator for a Board Hearing) within five (5) business days of the decision being delivered to the Respondent’s University email account. The disciplinary outcome(s) will remain in effect for the duration of the appeal. The Community Standards Officer/Hearing Moderator will direct the appeal to the appropriate Appellate Authority.

B. Basis for Appeal

The following are the permitted bases for a Student or Student Organization to appeal their case resolution decision or disciplinary outcomes. Appeals must be submitted in writing and be based on at least one of the following criteria:

·        New Information: Information that was not available at the time of the Hearing is now available and could reasonably be expected to have altered the outcome of the case.

·        Improper Procedure: The Hearing did not follow the proper protocol outlined in the Community Standards.

·        Decision Not Supported by the Preponderance of the Evidence: Whether a reasonable person could find that the facts in the case were insufficient to establish that it was “more likely than not” that a violation of the Community Standards occurred and that the Respondent was responsible for the violation.

C. Appeals

Appeal of a decision and/or disciplinary outcome resulting from an Administrative Hearing or Board Hearing will be reviewed by the Dean, the VPSA, or their designee. The decision by the appellate authority is final and no further appeal is permitted.

All Community Standards records are kept in accordance with the Family Educational Rights and Privacy Act (FERPA) of 1974 and the Clery Act of 1990. Subject to the provisions and exceptions of FERPA, all Community Standards files are private. Files may only be reviewed in the process approved by Office of Student Affairs or Dean of Students. Copies of files, including the content of Hearings or Outcome Letters, will not be provided except in compliance with government regulations or legal subpoena.

The University will retain Community Standards records (non-Clery) for no less than seven (7) years from the date of the incident. The University reserves the right to keep records for a longer period of time if unresolved or deemed necessary. In cases of expulsion, the University will retain the records indefinitely.  

The Community Standards will be reviewed on an on-going basis in consultation with the appropriate stakeholders and decision-makers. Students and Student Organizations are expected to review the Community Standards regularly to understand the current Community Standards process. The University reserves the right to make necessary changes to the Community Standards as needed.