East Stroudsburg University houses its Code of Conduct in the Student Handbook. The Code of Conduct outlines a number of potential behaviors students can exhibit which are classified as violations. Students charged with violations are subject to a disciplinary due process from the University. Students who are found guilty or responsible for violations will be subject to appropriate sanctions. Students who face charges of violations will be given four potential resolution options, depending on the severity of their violations.
East Stroudsburg University Resolution Options
- Formal Hearing with the Student/Faculty Conduct Board
- Formal Hearing with the Coordinator of Student Conduct and Community Standards or Designee
- Informal Hearing with the Coordinator of Student Conduct and Community Standards or Designee
- Mediation
Informal Hearing Process:
If the student seeks to resolve the matter through an Informal Hearing, the student forfeits the right to a hearing, and also an appeal. The hearing is limited to just the student and whomever the designated adjudicator is; this will be either Coordinator of Student Conduct and Community Standards or a chosen designee. The adjudicator will choose to dismiss the case, hold the student responsible for violations, or continue the case pending further investigations into the facts. The only evidence students will be allowed to present is their own version of the facts.
Formal Hearing Process:
If a student will be given a Formal Hearing, it will take place in front of either the Student/Faculty Conduct Board, or the Coordinator of Student Conduct and Community Standards. The Formal Hearing process is concerned with the facts of the incident, and nothing more, thus the adjudicating party will make the determination on what evidence is admissible. Character witnesses will not be allowed at Formal Hearings. Hearings will begin with the accused student being presented with charges. The University will make its case first, presenting any evidence and testimony. Accused students may also be called as witnesses during this phase. Next the student can present their case. After the presentation phase has concluded the adjudicating party will begin deliberations. They will deliberate upon the standard of a "preponderance of evidence" or "more likely than not" to make a decision.
Students will be welcome to the presence of an attorney at Formal Hearings. Students with an attorney at their side will feel more confident and secure when presenting their case. Additionally, an attorney will advise students on what evidence and testimony are best to present at their hearing. Having an attorney can greatly influence the outcome of a hearing in the student's favor.
East Stroudsburg University Sanctions
East Stroudsburg University will impose disciplinary sanctions if an accused student (or student campus organization) is found responsible for violating the University's Code of Conduct. More than one of the sanctions listed below may be imposed for a violation. Sanctions are not progressive in nature, and the full range of sanctions is available depending on the nature and severity of the violation. Possible sanctions include:
- Restitution
- Campus / Community Service
- Educational Sanctions
- Parental Notification for Alcohol or Drug Policy Violations
- Holds on Record
- Official Warning
- Residence Hall Probation
- Housing Suspension
- Disciplinary Probation
- Interim Suspension
- Deferred Suspension
- Suspension
- Expulsion (Dismissal)
When there is reason to believe that an East Stroudsburg University student with pending conduct charges presents an immediate and significant threat to the safety and well-being of other persons or property, an Interim Suspension may be imposed pending the formal disposition of the student's disciplinary case.
Regretfully, some East Stroudsburg University students, despite their and their parents' best intentions, proceed with the University disciplinary process without a full understanding of the possible consequences, both immediate and long-term. Those unfamiliar with the realities of the disciplinary process often do not realize until it may be too late that East Stroudsburg University imposes suspensions and expulsions as a sanction more often than would be expected; even in disciplinary matters that may seem to be less serious. The stakes are very high, and some consequences are unforeseen; even sanctions lesser than suspension or expulsion can greatly jeopardize a student's academic and professional goals.
(East Stroudsburg University sanctions for Title IX sexual misconduct violations, which include sexual harassment and sexual assault, stalking, and intimate partner violence, will always be severe, and Title IX sexual misconduct violations can have lifetime consequences. East Stroudsburg University will also promptly impose interim measures as deemed necessary to protect the complainant before the final outcome of a Title IX investigation and disciplinary proceeding involving Dating, Relationship or Sexual Misconduct or Violence.)
An Experienced Attorney's Role When Representing an East Stroudsburg University Student
East Stroudsburg University and a student's attorney may be able to work together to achieve an agreeable resolution before Code of Conduct charges and/or academic integrity charges are filed in certain instances. If charges have already been filed against a student, the accused student's attorney, also in certain instances, will be able to serve as an a advocate between East Stroudsburg University, the accused student, and other involved parties, in an effort to achieve a constructive resolution. Whether before or after Code of Conduct charges and/or academic integrity charges are filed, in working towards the prospect of an agreeable resolution, the extent of an attorney's involvement will be at the discretion of East Stroudsburg University. Every student's case is unique; an experienced attorney will understand what the University may be receptive to, and will approach the matter accordingly.
An attorney's involvement at East Stroudsburg University in matters involving Code of Conduct charges and/or academic integrity charges should not be confused with East Stroudsburg University disciplinary cases involving Title IX sexual misconduct allegations. In Title IX student disciplinary proceedings, an experienced attorney must work both as the point of contact between the accused student and East Stroudsburg University as well as behind the scenes to defend against sexual misconduct / sexual assault allegations.
An experienced student discipline defense attorney will understand and use the most effective strategies when handling a student's case at East Stroudsburg University.
East Stroudsburg University Appeals
In the event of an unfavorable outcome from a Formal Hearing, students are given the opportunity to make an appeal. Appeals must be made within 5 working days after the date of the hearing decision. The appeal must be sent to the Office of Student Conduct and Community Standard, who will then forward the appeal to the Office Vice President for Student Affairs, Provost or President. Appeals must be made on the grounds of a lack of due process, lack of substantial evidence, new evidence to be considered, and a severity of sanctions. Successful appeals will result in alterations to the decision or sanctions, new hearings, or a full overruling and dismissal of the case. The appellate parties may conduct further investigations of their own to come to a decision.
If you or your student is currently facing disciplinary proceedings from East Stroudsburg University of Pennsylvania, contact the LLF Law Firm today.
