Code of Conduct

Appropriate University officials and campus departments shall be notified of the outcome of the disciplinary proceeding. When a student is charged with a violation of the Code of Student Conduct, the student should expect to be contacted by the dean of students regarding hearings. All notifications to students of a hearing regarding his or her alleged violation(s) will be made through the student’s official Lincoln email; however, a student’s failure to check their email is not an excuse for failure to appear at the hearing and does not entitle the student to a postponement. If a student fails to appear before the Student Conduct Board or their Administrative Hearing Officer after proper notice has been given or attempted, the hearing will nonetheless proceed.

The Office of Dean of Students adjudicates most cases involving violations or alleged violations of the Student Code of Conduct and are empowered to assign sanctions and corrective actions to Respondents found to have violated provisions of the code. If a student is found responsible for a violation of the Student Code of Conduct and is assigned a sanction, the sanction takes effect immediately and remains in place until it is completed, expires, or is vacated through an appeals process. Foster personal learning, growth, and development and aid in the development of mature and ethical decision- making.

This section lists some of the sanctions and corrective actions that may be imposed upon students or student groups. The College reserves the discretion to impose more stringent or different sanctions or corrective actions depending on the facts and circumstances of a particular case. Sanctions for student misconduct under the Student Code of Conduct are generally cumulative in nature.

1. 1. 1. No Contact Order 
         This is an official correspondence from the Office of the Dean of Students at Lincoln University. As a result of this conflict, the alleged student is restricted from making any first, second, or third person contact with the victim. No contact includes, but is not limited to, telephone calls, e-mail, social media messages, letters, and messages delivered by others. The alleged is not permitted to have any contact with the victim’s personal property. Any sort of threat towards the victim or alleged, they should contact the Lincoln Police Department at 484-365-7211. Threats that are made will be understood as real and taken very seriously. Failure to comply with the instructions provided will result in a violation of the Student Handbook and may lead to immediate interim suspension from Lincoln University.
      2. Written Warning
         A written warning is an official notification to the student that their behavior has been unacceptable. Any additional violations of the student handbook may result in further disciplinary action and/ or removal from housing.
      3. Educational Sanction
         A student may be required to complete a project, research/reflection paper, or assignments appointed by the Dean of Students Office to educate them about the consequences of their actions and impart skills that may help students or organizations avoid future violations.
      4. Community Restitution and Other Alternatives
         The adjudicator of a case can assign particular forms of community work, on or off campus, and a number of hours to be worked. The adjudicator will be responsible for supervising the student’s implementation of the community restitution. The adjudicator may also require attendance, when appropriate, at educational workshops or similar opportunities suitable to the nature of the infraction.
      5. Residential Probation
         Students who are found in violation of residence hall rules and regulations may have their agreement deemed non‐renewed. Any student who is continually disruptive to the residence hall community will be considered for non‐renewal of the residence hall agreement. Future violations will result in more severe disciplinary sanctions, including non-renewal of housing contract, loss of campus residence, suspension or expulsion.
      6. Disciplinary Probation
         This sanction consists of a warning in writing which specifies that further infractions of the Student Code of Conduct during a student’s time at Lincoln University will, in most instances, lead to suspension, dismissal or, in very serious cases, expulsion from the College. A student on disciplinary probation may be barred from some or all extracurricular activities for a defined period.
      7. Financial Restitution
         Monetary reimbursement to a person or to the College for damage or loss of property or the abridgment of a person’s use or access to the use of property or a service.
      8. Interim Suspension

         1. Lincoln University values the safety and well-being of all members of the university community. In some cases, it may be in the best interests of the university’s community and/or an individual to temporarily withdraw and/or limit a student's affiliation with the university until a more permanent resolution is reached. This policy describes interim suspensions, which are intended to be used as a temporary measure to keep the university environment safe, healthy, and productive.

            If a respondent poses an immediate threat to the safety or well-being of an individual or members of the campus community, or to the performance of normal university functions, the university may temporarily remove the respondent from the campus. Until the case is resolved, the individual may be denied access to campus, campus facilities, participation in academic endeavors, and/or any other college activities or privileges for which they are otherwise eligible. Because of the potentially serious consequences of this action, removing a respondent is not taken lightly. Interim suspension will be imposed only after an individualized safety and risk assessment has determined that an immediate threat to a student's or another individual's safety or well-being warrants removal.

            In light of the circumstances and safety concerns, the college will implement the least restrictive interim measures as possible. The Dean of Students or designee may take actions such as:

            • Removing a student from a residence
            • Restricting student access to facilities and equipment
            • Imposing no-contact
            • Suspending a student's participation in extracurricular activities, employment, leadership positions, or intercollegiate athletics.

             All interim measures taken pending a hearing must be documented in writing and delivered to the respondent electronically via Lincoln email address. There is no process for appealing interim measure decisions. Students are encouraged to notify their class dean when any interim measure is put in place to facilitate any communication regarding coursework options between the student and their professors.

         2. Interim Suspension FAQ 
            1. What is a No Contact Order?
               1. An official administrative directive known as a "No Contact Order" is one that the Office of the Dean of Students issues, requiring parties to refrain from any direct or indirect This includes, but is not limited to, written or electronic correspondence (such as letters, social media posts, text messages, etc.), phone conversations, recordings, and contact with third parties (friends, family, acquaintances, etc.). A No Contact Order remains in effect until the university formally withdraws it in writing.

             

            2. Will teachers be informed of a student's absence and the cause of the temporary suspension?
               1. A student's Interim Suspension will only be communicated to instructors upon request from the Office of the Dean of Students. No specifics regarding the alleged infraction will be made public.

             

            3. Is it possible for a student undergoing interim suspension to remain current on their coursework?
               1. Students may make arrangements to obtain class notes and make up missed assignments and exams with permission from the Nevertheless, since the student may not be on university property while on interim suspension, these arrangements must  be made over the phone or online. 
            
            
            4. Is it appropriate for a student to think about withdrawing from the university during the interim suspension?
               1. If the student feels that they will not be able to make up for the work they missed while on interim suspension, they may want to speak with their academic advisor and class dean about the withdrawal process. The University will continue to pursue disciplinary action after withdrawal.

             

            5. What impact will the Interim Suspension have on a student working on campus?
               1. When a student is unable to report to work on time, they should let their employer know. If the student asks for it, the Office of Student Conduct can get in touch with the employer. Regarding the purported infraction, no details will be disclosed.

             

            6. How will a student's financial aid be impacted by the interim suspension?
               1. The student needs to get in touch with the Financial Aid Office right The student may suffer a financial loss from any delay since the amount owed to the university or to be refunded is determined daily.
      9. Suspension
         Students suspended from the University are required to return their student identification card, mailbox key, entrance key, and room key and may not return to campus for the duration of their suspension, except to conduct official business with an administrative officer or faculty member, and then only with the prior permission of the vice president of student success, dean of students, or designee. If a student returns to campus without permission during the period of suspension, his or her eligibility to return to Lincoln University will be threatened and he/she will be subject to arrest. During the period of suspension, the student is not eligible or entitled to receive any University services.
         
         Following the suspension period of one (1) semester or more, the student must request to be readmitted or reinstated to the University after fully serving the suspension. The suspension period begins with an existing semester and continues throughout that particular semester. However, the suspension may become effective at the beginning of a specified semester (usually the following semester) and continue throughout the semester.
      10. Expulsion
          Expulsion is the permanent separation from the University and loss of all privileges to use the services of the University in any way. This is the most severe form of sanction and is reserved for the most severe infractions, for those individuals who repeatedly violate University’s rules and regulations, or for aggravated offenses. When a student is expelled, his or her enrollment is immediately canceled, and they are unable to graduate from Lincoln University. If a student is expelled, he or she must immediately leave the University and may not return to the University campuses without the express permission of the vice president for student success, the dean of students, or their designee.

The basic procedures include the following: 

1. The presiding officer calls the session to order and asks each person in the room to introduce himself or herself and state his or her reason for being at the hearing (e.g., board member, respondent, witness).
2. The presiding officer asks the respondent and the complainant if they challenge the objectivity of any member of the Student Conduct Board. If so, the party must state the reason(s). The board will meet in a non-public session to consider the challenge and determine whether or not the member should hear the case.
3. The presiding officer reads the charges and specifications to the charge(s) from the incident report. The presiding officer asks the respondent to respond to each charge (responsible or not responsible).
4. The respondent and the complainant are given an opportunity to give an opening statement.
5. The respondent and the complainant may give his or her explanation of the events surrounding the charges. The members of the board then may question the students. Each student should be given the opportunity to provide the presiding officer with questions to ask the others involved in the case.
6. The presiding officer in his or her discretion may limit the number of eyewitnesses that may be heard, and to require all other witnesses to submit their statements in writing. Both sides have, at this time, the right to cross- examine, by providing the presiding officer with questions, the witnesses, and to examine any documents before being received into evidence. No member of the staff, faculty, or administration of Lincoln University may be called as an expert witness. However, staff, faculty, and administrators may serve as character witnesses or references.
7. The respondent and the complainant present the facts and evidence that support his or her case.
8. The respondent and the complainant shall be given an opportunity to make a closing statement.
9. The board will make its deliberations in a closed non-public session.
10. The board will then render its decision with the charges against the student established by a majority decision given a “preponderance of the evidence.”
11. The accused student normally will receive the decision in writing within three to five (3-5) business days.
12. There shall be one single verbatim digital recording of all hearings before a Student Conduct Board panel, excluding deliberations.
13. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, respondent, and/or other witnesses during the hearing by providing separate facilities, and/or permitting participation by telephone, video conferencing, or other means as determined in the sole judgment of the student conduct administrator.
14. Hearings are not open to the public, except the respondent or complainant may be accompanied by their parents, spouse, or an advisor for support. If the student’s advisor is an attorney, special permission from the vice president for student success or his or her designee must be obtained. The role of parents, spouses, advisors, and attorneys is limited. Since conduct hearings are not a courtroom proceeding, but rather part of the University’s efforts to provide a healthy living/learning environment, attorneys and other support persons are not permitted to question witnesses, make statements or otherwise participate in the hearing process. If they fail to act by these procedures, they will be barred from the proceedings. When the student has been granted permission to have an attorney present, the University attorney will also be present.

Failure of the respondent to appear at the initial hearing involving the original charges, without approval, documented proof supporting extenuating circumstances preventing such appearance, will result in the loss of the right to an appeal. All appeals will be decided on the record of the original proceedings. New hearings will not be conducted on appeal.

Administrative Hearings shall be conducted according to the following guidelines:

1. Administrative Hearings shall be conducted in private.
2. Administrative hearings shall be conducted by an Administrative Hearing Officer.
3. The Administrative Hearing Officer may be the same staff member with whom the student has met to discuss the charges, and the hearing may proceed immediately.
4. Students may also request that a case be assigned to a different Administrative Hearing Officer and the hearing be scheduled for a later date.
5. A single hearing officer will determine responsibility for the alleged policy violations and possible sanctions.
6. The respondent has the right to be assisted by an advisor of their choice, at their own expense. The respondent is responsible for presenting relevant information before their hearing to the Office of the Dean of Students (deanofstudents@big5vn.com). Advisors may advise their advisor but are not permitted to speak or participate in the hearing. Hearings will not be delayed or rescheduled to accommodate advisors.
7. The hearing officer, respondent, an advisor of the respondent's choice (if any), and the investigator (if any) shall be allowed to attend the entire portion of the administrative conduct hearing except for the hearing officer's deliberation.
8. The respondent and the investigator (if any) will have an opportunity to present information relevant to the allegations.
9. The respondent and investigator may request witnesses to present pertinent information to the hearing officer.
10. Approved witnesses shall be allowed to attend a portion of the hearing where they will present relevant information and answer questions.
11. After all the appropriate information has been presented and questions asked, the hearing officer will deliberate to determine responsibility for alleged violations. Deliberations will be in private.
12. If responsibility for any violation is determined, the hearing officer will deliberate to determine appropriate sanctions. Sanctions will be determined based on the violations for which the respondent is found responsible, prior misconduct, factors considered aggravating and factors considered mitigating.
13. In hearings involving more than one respondent, the Student Conduct Coordinator may permit the respondents to participate in the hearing separately or together. Respondents may request to have decisions rendered separately or together.
14. Pertinent records, exhibits and written statements (including student impact statements) may be accepted as information for consideration by the hearing officer at the discretion of the Student Conduct Coordinator. All relevant information must be submitted by the complainant and respondent at least 2 business days before the scheduled hearing.
15. All procedural questions are subject to the final decision of the Student Conduct Coordinator.
16. The hearing officer's determination of responsibility for each violation shall be made on the basis whether there is a preponderance of the evidence, or whether it is more likely than not, that the respondent violated the Student Code of Conduct.
    1.  Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in a criminal or civil court, are not used in the student conduct proceedings.
    2. If with proper notice the respondent and/or investigator do not appear for a conduct hearing, the available information regarding alleged violations shall be presented and considered without such parties present.

 Failure of the respondent to appear at the initial hearing involving the original charges, without approval, documented proof supporting extenuating circumstances preventing such appearance, will result in the loss of the right to an appeal. All appeals will be decided on the record of the original proceedings. New hearings will not be conducted on appeal.

Administrative Hearing Appeals Procedure

After the conclusion of the hearing and non-public deliberation, the hearing officer will recommend a decision and sanction(s) if the student is found responsible for violating the Code of Student Conduct. The student may appeal the decision or the sanction(s) in writing to the Dean of Students within three (3) business days of the decision.

The only ground for Administrative Appeal:

1. Sanction is grossly disproportionate to the violation committed

Administrative hearing appeals are not granted grounds of substantial new evidence, procedural error, or if the student is on residence hall probation.

After the final revision of the appeal, the original hearing outcome will either:

1. Be upheld
2. Overturned
3. Modified the sanctions

After the conclusion of the hearing and non-public deliberation, the Student Conduct Board will recommend a decision and sanction(s) if the student is found responsible for violating the Code of Student Conduct. The student may appeal the decision or the sanction(s) in writing to the Vice President for Student Success, or his or her designee within three (3) business days of the decision.

There are only three grounds for Conduct Appeal:

1. The Student Conduct Board hearing was not conducted following prescribed procedures which resulted in significant prejudice to the appellant
2. The sanction imposed was unreasonably harsh given the violation
3. New information, sufficient to alter a decision, should be considered.

An appeal based on new information will only be considered if the new information was not brought out in the original conduct hearing because it was not known to the person appealing at the time of the original Student Conduct Board hearing.  The decision of the Vice President for Student Success is final.

After the final revision of the appeal, the original hearing outcome will either:

1. Be upheld
2. Overturned
3. Modified the sanctions

The student has the right to know the charges brought against him or her, and the charges must be in writing. The student must be given a reasonably adequate time (generally 48-72 hours) to prepare a defense and has the right to defend himself/herself against the charges before the appropriate hearing authority. The student has the right to bring character statements or eyewitnesses to the defense hearing. The student has the right to request the replacement of any member of the Student Conduct Board who they feel may be biased or prejudiced against them. The student has the right to remain silent. Hearings are not open to the public, and individuals conducting the hearing are prohibited from discussing the outcomes of the hearing. Due to the nature of certain cases and circumstances, the University’s failure to follow these procedures to the letter does not automatically invalidate the outcome unless the respondent or the complainant is placed at a substantial and definitive disadvantage.

The Dean of Students or his or her designee will serve as the presiding officer of the Student Conduct Board. All disciplinary action becomes effective upon the date of board action unless otherwise specified. Students dismissed by recommendation of the Student Conduct Board follow the same withdrawal procedure as other students. Any student who leaves or withdraws from the University and seeks readmission while disciplinary action is pending must secure a written clearance from the vice president for student success or his or her designee.