POLICY GOVERNING CONDUCT AT ATHLETIC CONTESTS

Individuals attending athletic events at Lock Haven University shall be subject to all policies and regulations of the University, National Collegiate Athletic Association (NCAA), Conference affiliation (PSAC, A-10, EWL), the City of Lock Haven and the Commonwealth of Pennsylvania, as they pertain to personal conduct.

Coaches, officials, athletics administrators and Public Safety officers shall take all precautions to prevent altercations and/or acts of disorderly behavior.

Coaches shall be responsible for the conduct of their teams. Athletics administrators shall make public address announcements or undertake preliminary intervention, as necessary, to prevent incidents from occurring. Public Safety officers and athletics administrators shall enforce all crowd control procedures.

Public Safety officers in attendance at home events in all sports shall position themselves in an area visible to players and spectators.

Public Safety officers shall anticipate problems and move to prevent them. They shall respond to specific requests from officials and/or athletics administrators.

The number of officers present at events shall be determined jointly by Public Safety and athletics administrators.

At the end of contests, and at halftime of contests, Public Safety officers shall ensure the safe transit of officials and visiting team(s) from the competition area to the locker room area. In the event that Public Safety officers are not in attendance, athletic administration will escort officials.

The University has adopted the following statement as a part of the Network of Drug-Free Colleges and Universities.

Membership Guidelines. American society is harmed in many ways by alcohol abuse and drug use — decreased productivity, serious health problems, breakdown of the family structure, and strained societal resources. Problems of abuse have a pervasive impact upon many segments of society — all socio-economic groups, all age levels, and even the unborn. Education and learning are especially impaired by alcohol abuse and drug use. Abuse among college students inhibits their educational development and is a growing concern among our nation’s institutions of higher education. Recent national and campus surveys indicate that alcohol abuse is more prevalent than drug abuse and that institutions increasingly are requesting community support and mounting cooperative efforts to enforce their policies. The Network to Promote Drug-Free Colleges and Universities seeks the participation of colleges and universities who have made a solid commitment throughout their institution to:

• Establish and enforce clear policies that promote an educational environment free from the abuse of alcohol and other drugs.
• Educate members of the campus community for the purpose of preventing alcohol and other drug abuse, as well as educate them about the use of legal drugs in ways that are not harmful to self or others.
• Create an environment that promotes and reinforces healthy, responsible living; respect for community and campus standards and regulations; the individual’s responsibility within the community; and the intellectual, social, emotional, spiritual or ethical, and physical well-being of its community members.
• Provide for a reasonable level of care for alcohol and drug abusers through counseling, treatment, and referral.

Network members shall...

1. Provide a system of accurate, current information exchange on the health risks and symptoms of alcohol and other drug use for students, faculty, and staff.
2. Promote and support alcohol-free institutional activity programming.
3. Provide, with peer involvement, a system of intervention and referral services for students, faculty and staff.
4. Establish collaborative relationships between community groups and agencies and the institution for alcohol- and drug-related education, treatment, and referral.
5. Provide training programs for students, faculty, and staff to enable them to detect problems of alcohol abuse and drug use and to refer persons with these problems to appropriate assistance.
6. Include alcohol and other drug information for students and their family members in student orientation programs. The abuse of prescription and over-the-counter drugs should also be addressed.
7. Support and encourage faculty in incorporating alcohol and other drug education into the curriculum, where appropriate.
8. Develop a coordinated effort across campus for alcohol and other drug related education, treatment, and referral.

Network members shall...

1. Assess the institutional environment as an underlying cause of drug abuse.
2. Assess campus awareness, attitudes, and behaviors regarding the abuse of alcohol and other drugs and employ results in program development.
3. Collect and use alcohol and drug-related information from police or security reports to guide program development.
4. Collect and use summary data regarding health and counseling client information to guide program development.
5. Collect summary data regarding alcohol- and drug-related disciplinary actions and use it to guide program development.

The educational goals of Lock Haven University strive to establish a belief that all individuals and groups have certain responsibilities to enhance the overall development of all students and to ensure their rights as members of the University community.
University policy therefore support organizations which are nurtured in an atmosphere of social and moral responsibility, respect for its members, and loyalty to the principles of higher education.

I. Definition. Hazing is defined as, but not limited to, any brutality of a physical nature or any activity which would subject an individual to extreme mental stress. Hazing includes any willful destruction or removal of public or private property and any activities which interfere with the educational goals of Lock Haven University. For purposes of this definition, any activity as described, upon which the initiation, admission into, affiliation with or continued membership in an organization is directly or indirectly conditioned, shall be presumed to be “forced” activity, in spite of the willingness of an individual to participate in such activity. This policy shall include all acts constituted as hazing on or off the University campus and in compliance with PA Act 175 and any other additionally enacted legislation.
PA ACT 175
Pennsylvania Act 175 of 1986 prohibits fraternities, sororities, and other student organizations from hazing applicants for membership or from hazing persons who are already members to maintain their memberships in organizations. An organization and its members are engaged in hazing if it engages in any activity, for purposes of initiation or continuing membership, which recklessly or intentionally endangers the physical or mental health of a student. This means any potential dangerous forced physical activity; any activity which could cause a student to suffer extreme mental stress, as well as any other form of forced activity potentially harmful to the mental health of dignity of a student.
Hazing activities include, but are not limited to: whipping, beating, forced calisthenics, exposure to elements, forced consumption of food, liquor, drugs (legal or illegal) or any other substance, sleep deprivation, forced exclusion from social contact, conduct which could result in extreme embarrassment, nudity, coerced sexual activity, confinement, physical restraint, or mental harassment.
An organization and its student members are also engaged in hazing if pledging, initiation or continuing membership activities cause the willful destruction of or removal of public property.
Act 175 provides that no student can consent to being hazed. Any activity falling within the definition of hazing activities is considered to be forced activity, subjecting the organization and its members to the full range of penalties.
Any organization found to have engaged in hazing may have its official recognition revoked. Any student who participates in hazing may be fined, suspended, or dismissed from the University via the University Judicial System. Hazing is also a criminal penalty, and students are subjected to arrest and prosecution under the Pennsylvania Crime Code. Conviction may result in a term of one year in addition to any other applicable penalty under the Pennsylvania Crime Code.
A. Physical Hazing

• whipping, beating, paddling, branding, tattooing
• forced calisthenics
• exposure to the elements
• physical shocks
• forced consumption of any food, liquor, drug or other substance
• any other forced physical activity which could adversely affect the physical health and safety of the individual

• sleep deprivation (all new member or associate activities must cease prior to midnight, and must not begin any earlier than 8:00 a.m. Overnight activities are prohibited.)
• forced exclusion from social contact
• forced conduct which could result in extreme embarrassment, harassment or ridicule
• kidnapping
• wearing apparel which is conspicuous and not normally in good taste or morally degrading
• humiliating games or activities
• any other forced activity which could adversely affect the mental health or dignity of the individual

• community or University projects
• disciplinary probation
• University suspension
• dismissal from the University

• community or University projects
• disciplinary probation
• deprivation of pledge class
• suspension of use of University facilities
• suspension of University recognition
• revocation of University recognition

Purpose and Background: Lock Haven University recognizes that smoking and tobacco present a health and safety hazard which can have serious consequences for the University Community and the safety of Lock Haven University property.
Definition: For the purposes of this policy, “smoking and tobacco” shall mean all uses of tobacco, including cigars, cigarettes, pipes, and smokeless tobacco.
Policy: It is the policy of Lock Haven University to recognize the preferences of both non-users and users of tobacco as they affect the use of University buildings and facilities. When these preferences conflict, faculty, staff, and students will endeavor to find a satisfactory compromise.
Tobacco-Prohibited Areas

• All academic and residence halls are totally smoke-free buildings.
• University vehicles used to travel excluding vehicles permanently assigned to the Maintenance Department;
• Common gathering areas include but are not limited to: classrooms, dining rooms locker rooms, gymnasiums, auditoriums, residence hall lounges, reception areas, all athletic spectator seating, and the PUB Snack Bar.
• Any area in which a fire or safety hazard exists.

Preamble: An academic community exists for the communication of knowledge and for the development of creativity and critical judgment in a sustained and independent search for truth. Lock Haven University supports the transmission of knowledge, the pursuit of truth, the development of students and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals.
As a member of the University’s community, students are encouraged to demonstrate critical judgment and to engage in activities that respect the rights and privileges of the individual and others. Academic freedom is essential to the functioning of this community of scholars.
Freedom to teach and freedom to learn are inseparable facets of academic pursuits. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus and in a community at large. The responsibility to secure and respect general conditions conducive to learning is shared by all members of the University community.
The goal of this University is to govern its members by fair and unobstructed measures of desired conduct. The governance includes activities students participate in through their academic work as well as their social activities. Behavior that deviates from these measures will be dealt with in accordance with the procedures that apply to this community and its standards.
Student Rights and Responsibilities Article I. No student shall be denied any educational or social opportunity because of race, religion, gender, creed, color, or national origin.
Article II. No full-time student shall be denied the right to vote for student government officials or in referendums affecting him/her with a validated university identification card.
Article III. Any student or student organization shall have the right of free expression (for example, personal physical appearance, publications and speech), so long as it does not conflict with the Constitution of the United States or federal and state law.
Article IV. Any student or student organization shall have the right to assemble, form, join or support an organization for any purpose so long as it does not conflict with the Constitution of the United States and/or federal and state law.
The University and student government shall have the right to require that an organization state its function and purpose in order to gain recognition on campus.
The University shall not discriminate against or punish any student for participation in any assembly or membership in any organization, so long as the assembly or organization is lawful under the Constitution of the United States and/or federal and state law.
Article V. Any student or student organization shall have the right to hear a speaker. This article is not intended to give the rights to commercial speech. Those routine procedures required by the institution before a guest speaker is invited to appear on campus shall be designed only to ensure that there is orderly scheduling of facilities and adequate preparation for the event, and that the occasion is conducted in a manner appropriate to an academic community. The institutional control of campus facilities shall not be used as a device of censorship. It shall be made clear to the academic and larger community that sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed, either by the sponsoring group or by the institution.
Article VI. A student’s personal effects shall be free from seizure except as authorized by law and the code of conduct. The student shall be previously notified and present, if possible, during a search. Article VII. Activities of students may upon occasion result in violation of the law. In such cases, University officials should be prepared to advise students of sources of legal counsel and may offer other assistance. Students who violate the law may incur penalties prescribed by civil authorities. The student who incidentally violates institutional regulations in the course of his/her off-campus activity shall be subject to no greater penalty than would be imposed normally. University action shall be independent of community pressure.
Article VIII. Readmission after voluntary withdrawal. A student may elect to voluntarily withdraw from the University while criminal charges against him or her are pending in the external judicial system. In such an event, should the student wish to be readmitted to the University subsequent to his or her withdrawal, the student must petition the Dean of Student & Residence Life in writing, seeking readmission. The Dean of Student & Residence Life or designee shall determine whether readmission is appropriate at that time. The Dean of Student & Residence Life or designee shall have discretion to take into account any matters of fact, recommendations of Public Safety or other professionals, and/or other appropriate information, including from the student seeking readmission that is available. The Dean of Student & Residence Life or designee may impose such conditions on readmission as he/she determines are reasonable and appropriate. The determination of the Dean of Student & Residence Life or designee shall be appealable by the student seeking readmission to the Vice President for Enrollment Management and Student Affairs of the University. The University also reserves the right at any time and all times to commence campus disciplinary proceedings against any student.

The following disciplinary sanctions comprise a range of official action which may be imposed for violation of regulations. One or more sanctions may be imposed. It should be noted that the University refund policy directs that 56 “when a student has been suspended or dismissed from the University for disciplinary reasons, refunds are not available.” Further, if the disciplinary action results in the loss of any University-contracted service for the student, no refund is available.
Disciplinary Warning: This written action is taken when the individual’s conduct or involvement merits an official admonition. The student is warned that further misconduct may result in more severe disciplinary action.
Disciplinary Probation: Probation Level l - A serious form of reprimand that is fitting for the type of violation or repeated violations as designated for a certain period of time by the Hearing Officer or University Judicial Board. In addition, the Hearing Officer/Judicial Board may impose additional requirements, not limited to letters of apology, research papers, community service or other activities. An individual or group may lose privileges including but not limited to specific activities, specific privileges and use of facilities. The student may, if deemed appropriate, represent the University in activities and hold office in student organizations during the time stipulated as probationary. The student is notified that further infractions of any University regulation may result in more stringent action being placed on his/her actions.
Disciplinary Probation Level II - The most serious level of disciplinary sanction short of suspension from the University. The student remains enrolled at the University under circumstances defined by the Hearing Officer or University Judicial Board. The student may not represent the University in any official capacity or hold office in any student organizations. The student is considered to “not be in good standing.” Examples representing the University in an official capacity are [but not limited to]: participation in varsity or non-varsity intercollegiate athletic events or teams, recognized student organizations, theater groups or productions, musical organizations, student government officials, or any official recognized responsibility as related to campus employment. This probation level indicates to the student that further violations[s] of any University regulations will result in more stringent disciplinary action, including but not limited to dismissal or suspension from the University. Additional restrictions may be placed on the student while on Level II probation, not limited to but including loss of on-campus housing privileges, restriction from campus events and activities. In addition, the Hearing Officer/Judicial Board may impose additional requirements, not limited to letters of apology, research papers, community service or other activities. An individual or group may lose privileges including but not limited to specific activities, specific privileges and use of facilities.
Creative Discipline: This action selected will commensurate with the offense. The objective of this sanction is education and rehabilitation. Such action could include letters of apology, research papers, community service, and other such creative educational activities.
Suspension of Privilege: An individual or group will lose privileges that allow him/her/them to participate in specific activities, use specific facilities, or exercise specific privileges. Imposition of this sanction shall also be noticed to the President.
Residence Hall/Suites/Apartment Complex Reassignment or Removal: This action is an involuntary reassignment to or removal from on-campus housing. Removal from the residence halls is for a designated period of time. Usually, a student is given forty-eight hours to remove all belongings from an assigned space. This may include restricted visitation privileges.
Suspension of Group Recognition: This action consists of the withdrawal for stated periods of time all or part of the official recognition of a group found in violation of University regulations. Such action may include conditions for reinstatement of recognition. Total removal or recognition shall result in complete suspension of the activity of the group. Imposition of this sanction shall also be noticed to the President.
Revocation of Group Recognition: This action is permanent cancellation of the official University recognition and privileges of a group found in violation of University regulations. This action shall result in complete suspension of the group. Imposition of this sanction shall also be noticed to the President. 
Restitution Fines: The student or organization may be required to make payment to the University or to another specified person(s) or group(s) for damages incurred as a result of a violation of any provision of the Student Code of Conduct. Restitution Fines may be demanded by the University in addition to any other sanction applied. Restitution Fines may include an administrative fee for processing.
Interim Suspension: The President or his/her designee may suspend a student for an interim period pending full disciplinary proceedings whenever there is evidence that the continued presence of the student on the University campus poses a substantial threat to the safety and/or well-being of any person or persons, University property, or the property of others. An interim suspension may become effective immediately without prior notice. A student suspended on an interim basis shall be given an opportunity to appear before a hearing officer within 10 or less school days from the effective date of the interim suspension.
During an interim suspension, the student will be barred from all or part of the University’s premises. Any student under interim suspension who returns to the portion of campus to which he/she was barred without permission from the Dean of Student & Residence Life will be subject to dismissal and/or arrest for trespassing.
At the time the student is notified of the interim suspension, it will be determined whether or not the student may attend classes.
Pending felony charges may result in a suspension with a hearing occurring within thirty (30) days. Imposition of this sanction shall also be noticed to the President.
Suspension: This action is one of involuntary separation of the student from the University for a designated period of time. After this period of time, the student is eligible to return. The University Hearing Officer may establish additional requirements which must be fulfilled to his/her satisfaction, prior to reinstatement. The student shall not participate in any University sponsored activity and may be barred from University premises during suspension. Imposition of this sanction shall also be noticed to the President.
Dismissal: This action is one of the involuntary and permanent separation from the University. The student will also be barred from University activities and premises. Imposition of this sanction shall also be noticed to the President.

Any violation of the Illegal Drug and Drug Paraphernalia policy will subject the student to the following minimum disciplinary sanctions: NOTE: Off-campus violations shall also be considered in the levels of offense.
Level 1 Offense

• LHU Office of Public Safety will be called and appropriate citations may be issued.
• The student will be required to complete a drug education program.
• The student may be assessed a fee to cover the costs of the drug education program. Students may perform 10 hours of community service work assigned by the hearing officer in lieu of the fee.
• The student may be required, at his/her expense, to schedule an appointment for a drug abuse assessment/evaluation with a qualified outside agency and follow the treatment guidelines prescribed.
• The student may be suspended from LHU for at least one (1) academic semester (fall or spring).
• If suspended, in order to be readmitted, the student will submit a letter to the Dean of Student & Residence Life outlining the commitment to being substance free and showing means of achieving that goal.
• The student will be placed on Level II probation for a period of one (1) year from the date of the incident.

• LHU Office of Public Safety will be called and appropriate citations may be issued.
• The student will be suspended from LHU for at least one (1) academic semester (fall or spring).
• The student will be required, at his/her expense, to schedule an appointment for a drug abuse assessment/evaluation with a qualified outside agency and follow the treatment guidelines prescribed.
• In order to be readmitted, the student will submit a letter to the Dean of Student & Residence Life outlining the commitment to being substance free and showing means of achieving that goal.
• The student will be placed on Level II probation for a period of one (1) year upon re-admittance.

1. Any member of the University community may bring charges against any student. Such charges must be in writing and filed with the Office of the Dean of Student & Residence Life or designee.
2. Charges may be brought against a student by a department or unit of the University [for example, University Public Safety, Academic Affairs, Library, etc.].
3. A complaint filed in writing must be received within ninety [90] calendar days of the infraction. This can be extended by the Dean of Student & Residence Life or designee based upon unforeseen information or circumstances.
4. Dean of Student & Residence Life or designee will direct the charges to the appropriate disciplinary officer/body for processing once the selection is made by the accused [or by the University Provost in appropriate circumstances].
5. Incidents involving allegations of Sexual Misconduct will follow the Procedures for Title IX Complaints of Student Against Student.

1. The accused student(s) or organization officers shall be provided written notification of the time, place and date of the hearing. Sufficient notice is defined as at least five (5) business days. The notice shall include the charges that will be reviewed and other pertinent information about the hearing. An extension may be requested within two days of date of the notice.
2. The student(s) or organization representatives has/have the right to have an advisor of choice present at the hearing who may be a family member, faculty member, student or staff member. An attorney may serve as an advisor of choice but may not argue the case or attempt to introduce legal procedures into the hearing.
3. Hearing will be closed to the public, except for the student(s) advisor of choice or witnesses. The University reserves the right to review individuals participating in hearing procedures based upon the involvement with the incident.
4. Oral and/or written testimony by the accused student(s) or witnesses involved may be considered.
5. Accused students shall be afforded an opportunity to hear all testimony against them.
6. Student witnesses may be subject to charges of dishonesty within the University disciplinary system, if their testimony is deemed to be intentionally inaccurate.
7. Prospective witnesses, other than the accuser and accused student(s), may, at the discretion of the University Hearing Officer or Chairperson of the University Judicial Board, be excluded from the hearing during the testimony of other witnesses.
8. Any person, including the accused student, who disrupts a hearing, may be excluded from the proceedings.
9. The hearing shall be conducted in a fair and impartial manner, although strict rules of evidence do not apply. A suggested order for the hearing is as follows:
   a. Introductions
   b. Disciplinary philosophy of the University
   c. Charges (in the presence of the accused)
   d. Evidence in support of the charge
   e. Witnesses in support of the charge
   f. Evidence in support of the accused
   g. Witnesses in support of the accused
   h. Review of the evidence and testimony
10. If an accused student fails to appear at a scheduled hearing without a valid excuse, the University Hearing Officer/University Judicial Board will proceed to a decision based upon the evidence presented.
11. The standard of proof used in University hearings shall be the preponderance of the evidence.
12. Hearings shall be recorded. The record shall be maintained in the Office of the Dean of Student & Residence Life for seven (7) years or until such time as all appeal procedures are exhausted.
13. Pending action on any charges, the status of the student shall not be altered, except in cases involving interim suspension and only in accordance with the procedures for such suspensions.
14. The accused has the right to receive in writing the decision of the hearing officer which shall contain the reasons for the action, findings of fact and an explanation of the sanction(s). The University Hearing Officer or Chairperson of the University Judicial Board shall prepare this notification a timely manner, but no longer than 10 business days.

Alleged incidents involving minor violations of the Student Code of Conduct and Residence Facilities Violations will be reviewed by the Dean of Student & Residence Life or designee. Violations of the Code may receive a disciplinary warning, disciplinary probation, creative discipline, suspension of privileges, restitution and/or reassignment or removal from a residence hall.
A. Preliminary investigation
Once a written complaint is received by a Residence Hall Director, an investigation will be conducted to determine if a violation has occurred. The Residence Hall Director will establish the charge(s) and the degree of the involvement of all parties. This may involve a discussion with the complainant.
B. Jurisdiction

1. The Residence Hall Director shall review cases involving minor violations of the Student Code of Conduct and residence hall regulations.
2. Cases of repeated violators may be reviewed with the Dean of Student & Residence Life.

1. The accused student(s) shall be notified of the time, date and place of the hearing. An extension may be requested within two days of the meeting date. Students will be permitted extensions within reason.
2. The accused student(s) may submit written or oral testimony. Witnesses may be afforded an opportunity to submit testimony in support of the charges for the accused or accuser.
3. Hearings are closed to the public.
4. Hearings are to be conducted in a fair and impartial manner; rules of evidence do not apply.
5. If an accused student fails to appear at a scheduled hearing without a valid excuse, the hearing officer will proceed to a decision based upon the evidence presented.
6. The accused, if found responsible, shall be notified in writing of the decision of the Residence Hall Director. In the case of possible removal from the residence halls, the Dean of Student & Residence Life may be the hearing officer.
7. An appeal of removal from the residence halls decision will be made to the University Judicial Board. An appeal of this decision is based solely upon (1) lack of substantial evidence or (2) new and significant evidence which was not available at the time of the informal hearing.

A. Statement of Purpose
Lock Haven University (“University” or “LHU”) is committed to providing an environment that establishes and promotes the safety, dignity and worth of all individuals. Sexual misconduct includes a variety of acts that are perpetrated against another without consent or when an individual is unable to freely give consent. Accordingly, the University will not tolerate any form of sexual misconduct, including sexual assault, rape, sexual harassment, sexual exploitation, domestic violence, dating violence, stalking or sexual abuse of any kind. It is the responsibility of the University community to assist students when reporting incidents of sexual misconduct and to work with appropriate officials to promote an educational environment that that will not tolerate sexual misconduct of any kind against students or visitors.
Internal complaints of sexual misconduct filed against students will be investigated and appropriate disciplinary action taken as determined through the University’s judicial process or LHU Sexual Harassment Policy.
In an on-going effort to prevent sexual misconduct of any kind and in addition to providing various security measures, the University is committed to making available, through a variety of channels, relevant educational information and programs.
It is University practice to comply with all federal and state-related statutes for reporting and publishing sexual offense statistics and to provide a safe environment for students and employees. Please see the Public Safety website through LHU’s website located at http://www.lockhaven.edu/publicsafety/. Our campus is not immune to incidents of violence and the University community will be educated about the impact sexual misconduct has on victims. Personal safety and crime prevention guidelines are published in the University’s Emergency Response Guide and on Public Safety’s website. All students, faculty and staff are encouraged to enroll in the e2Campus emergency text messaging alert system. In addition, yellow emergency call boxes are available throughout the campus.
B. Definition of Terms
Sexual misconduct covers a variety of acts that are perpetrated against another without consent or when an individual is unable to give consent freely. Anyone can be a victim regardless of their gender or sexual orientation. Sexual misconduct includes, but is not limited to, the following: Non-consensual sexual intercourse, non-consensual sexual contact, sexual harassment, and sexual exploitation.
Consent to Sexual Activity: Consent to sexual activity is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent can only be given by a person who has control of his/her mental and physical capabilities. Consent to sexual activity may be withdrawn at any time. Consent to one form of sexual activity does not equate to consent to another form of sexual activity. Previous sexual activity does not imply consent to any future sexual activity.
Non-Consensual Sexual Intercourse: Rape (date, acquaintance, and stranger) includes all acts of non-consensual sexual intercourse involving any penetration of a body cavity with a foreign object, tongue, digit, or genitalia. A rape occurs when imposed under any of the following circumstances:
a. When the complainant is incapable of giving consent for medical, developmental, or physical reasons, and this fact is known or reasonably should have been known by the person committing the act; or
b. When the act is committed without the person’s consent or is against the person’s wishes. Rape incorporates any or all of the following: the use of force, threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm; or
c. When the complainant is prevented from consenting or resisting because of incapacitation, intoxication, or unconsciousness at the time of the act.
Non-Consensual Sexual Conduct:
a. Sexual Assault: The imposition of non-consensual sexual conduct (excluding rape) by a person upon another person, without consent and/or by physical force. It includes, but is not limited to, caressing, fondling, or touching a person’s genitalia, buttocks, or breasts. It shall also be considered sexual assault when the complainant is compelled to caress, fondle, or touch the assailant’s genitalia, buttocks, or breasts.
b. Sexual Contact: Any non-consensual, intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or other orifice by a person upon another person, without consent and/or by physical force. Sexual Harassment: Any prohibited behavior defined under the LHU Sexual Harassment Policy.
Sexual Exploitation: Taking non-consensual sexual advantage of another. Sexual exploitation includes, but is not limited to, prostituting another person, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over another person, the non-consensual recording, photographing, or transmitting of identifiable images of private sexual activity and/or intimate body parts (including genitalia, groin, breasts or buttocks), knowingly allowing another person to surreptitiously watch otherwise consensual sexual activity, engaging in nonconsensual voyeurism, knowingly transmitting or exposing another student to sexually transmitted infection or diseases without the knowledge of the student, exposing one’s genitals in non-consensual circumstances or inducing another to expose their genitals, and sexually based stalking and/or bullying.
Dating Violence, Domestic Violence, Stalking:
a. Dating Violence: Violence committed by a person who is or has been in a romantic or intimate relationship with the complainant. Whether such a relationship exists will be gauged by the length, type, and frequency of interaction between the complainant and the respondent.
b. Domestic Violence: Misdemeanor and felony crimes of violence committed by the complainant’s current or former spouse, or the complainant’s current or former cohabitant who has been regarded as a spouse, or a person similarly situated under domestic or family violence laws, or a person with whom the victim shares a child in common, or anyone else against an individual protected under domestic or family violence laws.
c. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for their safety or other’s safety; or (B) suffer substantial emotional distress.
C. Support for Victims of Sexual Misconduct
All University staff will take all reports of sexual misconduct seriously and treat the complainant with sensitivity and respect. The University recognizes that sexual misconduct is more than an assault on an individual’s body, but is also an invasion on the individual’s dignity and sense of self. Out of respect for the individual choices available to a sexual misconduct victim and to support her/his privacy needs after an incident, the University leaves the decision to file a student judicial report, a formal sexual harassment complaint, or criminal charges up to the individual. Resources for assistance may be discussed, but all members of the University community shall abstain from demanding that the victim either report, not report, or under-report sexual misconduct. The University reserves its right to investigate an incident using all available information from any source, and will cooperate with the efforts of campus, local, state and federal law enforcement agencies to apprehend individuals who may have committed acts of sexual misconduct.
Victims who report sexual misconduct to the University Title IX Coordinator or other University officials are to be informed by that office of their options of available support services (see Section G, below) and options for filing charges. University personnel are advised to refer sexual assault victims who come to their attention to the University Title IX Coordinator.
Health care, counseling and other support services are available for student victims. The University Title IX Coordinator or other University official[s] may assist victims other than students through referral to resources similar to those available for students (see Section G, below).
D. University Complaint System and Student Rights
A student victim has the right to file a written complaint pursuant to the University judicial process. To file a formal written complaint, the victim should go to or call the University Title IX Coordinator or other University official or a judicial officer. At the Clearfield Campus, the student victim should go to or call the office of the Director of Clearfield Campus. The victim will have the right to file or not to file a complaint. The following rights of a complainant in sexual based misconduct will be afforded in all University student judicial procedures:

1. Receive consideration for amnesty for conduct violations (e.g. alcohol policy) related to the same incident in question;
2. Provide input on whether or not to move forward with Student Code of Conduct charges and/or participate in a hearing;
3. Have every effort made to respect a student’s privacy;
4. Contact supportive agencies such as a rape crisis center;
5. Be free from retaliation, intimidation or harassment by the alleged respondent or others;
6. Request a change of living arrangements, transportation or work arrangements, academic schedules and/or other schedules and/or those of the respondent, if reasonably available;
7. Have a “no contact” and /or “stay away” directive issued to one or both parties of a complaint by the Dean of Student & Residence Life, Title IX Coordinator, or Public Safety;
8. Select an Advisor of Choice who may be a member of the University community or a private attorney to accompany him/her through all University student conduct processes;
9. Protection against discussion of non-relevant, past sexual history during the hearing;
10. Have the option to remain physically present during the entire student conduct hearing and participate fully in the hearing, including the opportunity to present evidence and witnesses;
11. Have the option to provide testimony from a remote on-campus location;
12. Be informed simultaneously, in writing, of the outcome of the hearing, the potential for appeal by either party, the final disposition of appeal, if applicable, and when the results become final;
13. Have the case be decided by the preponderance of evidence (i.e. is it more likely than not the sexual offense occurred); and/or
14. Make up any academic work missed while participating in student conduct or criminal proceedings related to the incident in question.

• Be mindful of alcohol consumption as it affects your behavior and the behavior of others.
• If you have limits, make them known as early as possible.
• Avoid walking in poorly lighted areas whether on campus or in the community, including parking lots.
• When walking to your car, have the car keys ready.
• Tell a sexual aggressor “NO” clearly and firmly.
• Listen to your gut instinct and if you feel uncomfortable or threatened in any way, leave immediately, and seek safety with friends.
• Take care of your friends and ask that they take care of you.
• Utilize yellow emergency phones located in each parking lot, near the entrance to all campus residence halls and on each residence hall floor to contact Public Safety at 570-484-2278 or call the campus emergency line at 711 or 911 in Clearfield.

Investigating and Resolving Complaints of Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence Committed by Students Against Students Under the Sexual Harassment and Complaint Procedures Policy I. INTRODUCTION
Lock Haven University (University) is committed to providing a safe and nondiscriminatory environment for all members of the University community. The University prohibits sexual assault, sexual exploitation, domestic violence, dating violence, stalking, sexual harassment, and gender based harassment (together, “Sexual Misconduct”). These forms of Sexual Misconduct are defined in the University’s Sexual Harassment and Complaint Procedures (Policy) and the statement on Sexual Misconduct.
These PROCEDURES FOR COMPLAINTS AGAINST STUDENTS (Procedures) explain the process the University will follow when it receives a report alleging sexual misconduct by a student. The University will use these Procedures to investigate and adjudicate any such allegations and to impose disciplinary sanctions against students found responsible for violating the Policy.
II. REPORTING
Faculty, staff, and student employees who become aware of an incident of sexual misconduct involving a student must immediately report the incident to the University. The University encourages anyone who experiences or becomes aware of an incident to report it to the University through the following reporting options:
A Complainant may choose to make a report to the University to pursue resolution under these Procedures and may also choose to make a report to law enforcement. A Complainant may pursue either or both of these options at the same time. As set forth in the Policy, a Complainant who wishes to pursue criminal action in addition to, or instead of, making a report under these Procedures should contact law enforcement directly:

• 911 (for emergencies)
• Lock Haven University Public Safety (570) 484-2278
• Lock Haven City Police (570) 748-2936

1. Where the Complainant wishes to pursue formal resolution. In every case in which the Complainant reports sexual misconduct and requests an investigation and to pursue the student judicial process, the Title IX Coordinator will promptly initiate a formal resolution under these Procedures.
2. Where the Complainant requests anonymity, that an investigation not be pursued, and/or that no disciplinary action is taken. A Complainant may request that personally-identifying information not be shared with the Respondent, that no investigation be pursued, and/or that no disciplinary action be taken.

•  A Complainant reports that a student has engaged in one or more instances of sexual misconduct;
• Informal resolution does not resolve a reported incident of sexual misconduct, and at Title IX Coordinator’s discretion, an investigation of the report of sexual misconduct is required; or
• The Title IX Coordinator has determined, based upon a review of the totality of the circumstances, that investigation of the reported conduct is necessary to ensure the health and safety of the Complainant and/or other members of the University community, notwithstanding the Complainant’s request that personally identifying information not be shared with the Respondent, that no investigation be pursued, and/or that no disciplinary action be taken.

1. Investigation. Whenever formal resolution is commenced, the Title IX Coordinator will designate one or more investigators from the University and/or an experienced external investigator to conduct a prompt, thorough, fair, and impartial investigation. All investigators will receive annual training on issues related to sexual harassment, sexual assault, dating violence, domestic violence, stalking, trauma informed interviewing, and on how to conduct an investigation. The University’s resolution process shall be fair and impartial, provide parties with notice and a meaningful opportunity to be heard, and protect the safety of Complainants, Respondents, and the University community while promoting accountability.
   
   a) Notice of Investigation. The Complainant and the Respondent will be notified in writing of the commencement of an investigation. Such notice will (1) identify the Complainant and the Respondent; (2) specify the date, time (if known), location, and nature of the alleged Sexual Misconduct; (3) identify potential Policy violation(s); (4) identify the Investigator(s); (5) include information about the parties’ respective expectations under the Policy and 79 these Procedures; (6) explain the prohibition against retaliation; (7) instruct the parties to preserve any potentially relevant evidence in any format; and (8) provide a copy of the Policy and these Procedures.
   b) Other Forms of Discriminatory and/or Harassing Conduct. If a report of Sexual Misconduct also implicates other forms of discriminatory and/or harassing conduct prohibited by the University’s Nondiscrimination Policy and Complaint Procedure and any other violation(s) the alleged violations may be appropriately investigated together without unduly delaying the resolution of the report of Sexual Misconduct.
   c) Participation by the Parties. The investigation is a neutral fact-gathering process. Neither party is required to participate in the investigation nor any form of resolution under these Procedures. Absent participation by either party, a decision will be made based on the facts as they are presented.
   d) Overview of Investigation. During the investigation, the parties will have an equal opportunity to be heard, to submit information and corroborating evidence, and to identify witnesses who may have relevant information. The Investigator will notify and seek to meet separately with the Complainant, the Respondent, and relevant thirdparty witnesses, and will gather other relevant and available evidence and information including, without limitation, electronic or other records of communications between the parties or witnesses (via voice-mail, text message, email, and social media sites), photographs (including those stored on computers and smartphones), and medical records (subject to the consent of the applicable party).
   e) Advisor of Choice. Throughout the investigation and resolution process, each party has the right to choose and consult with an advisor. The Advisor of Choice may be any person, including an attorney, who is not otherwise a party or witness involved in the investigation. Each party may be accompanied by their respective advisor at any meeting or proceeding related to the investigation and resolution of a report under these Procedures. While each advisor may provide support and advice to the party at any meeting and/or proceeding, the advisor may not speak on behalf of the party or otherwise participate in, or in any manner disrupt, such meetings and/or proceedings.
   f) Prior or Subsequent Conduct. Prior or subsequent conduct of the Respondent may be considered in determining pattern, knowledge, intent, or motive. For example, evidence of a pattern of sexual misconduct by the Respondent, either before or after the incident in question, regardless of whether there has been a prior finding of a Policy violation, may be deemed relevant to the determination of responsibility for the sexual misconduct under investigation. The determination of relevance of pattern evidence will be based on an assessment of whether the previous or subsequent conduct was substantially similar to the conduct under investigation or indicates a pattern of similar Sexual Misconduct. Such prior or subsequent conduct may also constitute a violation of the Student Code of Conduct, in which case it may subject the Respondent to additional sanctions. The Investigator will determine the relevance of this information and both parties will be informed if evidence of prior or subsequent conduct is deemed relevant.
   g) Prior Sexual History. The sexual history of a Complainant or Respondent will never be used to prove character or reputation. Moreover, evidence related to the prior sexual history of either of the parties is generally not relevant to the determination of a Policy violation and will be considered only in limited circumstances. For example, if the existence of consent is at issue, the sexual history between the parties may be relevant to help understand the manner and nature of communications between the parties and the context of the relationship, which may have bearing on whether consent was sought and given during the incident in question. However, even in the context of a relationship, consent to one sexual act does not, by itself, constitute consent to another sexual act, and consent on one occasion does not, by itself, constitute consent on a subsequent occasion. In addition, prior sexual history may be relevant to explain the presence of a physical injury or to help resolve another question raised by the report. The 80 Investigator will determine the relevance of this information and both parties will be informed if evidence of prior sexual history is deemed relevant.
   h) Relevance. The Investigator has the discretion to determine the relevance of any proffered evidence and to include or exclude certain types of evidence. In general, the investigator will not consider statements of personal opinion, rather than direct observations or reasonable inferences from the facts, or statements as to any party’s general reputation for any character trait.
   i) Site Visit(s). The investigator may visit relevant sites or locations and record observations through written, photographic, or other means.
   j) Expert Consultation(s). The investigator may consult medical, forensic, technological or other experts when expertise on a topic is needed in order to achieve a fuller understanding of the issues under investigation.
   k) Coordination with Law Enforcement. The investigator will contact any law enforcement agency that is conducting its own investigation to inform that agency that a University investigation is also in progress; to ascertain the status of the criminal investigation; and to determine the extent to which any evidence collected by law enforcement may be available to the University in its investigation. At the request of law enforcement, the Investigator may delay the University investigation temporarily while an external law enforcement agency is gathering evidence. The investigator will promptly resume the University investigation when notified that law enforcement has completed the evidence-gathering stage of its criminal investigation.
   l) Investigative Report. The Investigator will prepare an Investigative Report. The Investigator will deliver the Investigative Report to the Title IX Coordinator. The Title IX Coordinator will notify both parties, simultaneously, that the Investigative Report is complete and available for review.
2. Acceptance of Responsibility. The Respondent may, at any time, elect to resolve the Formal Resolution process by accepting responsibility for the Sexual Misconduct, in which case the Title IX Coordinator will refer the matter to the Title IX Judicial Board to determine the appropriate sanction(s).
3. The Title IX Judicial Board. The Title IX Coordinator will appoint a standing pool of trained members of the University community and, at the discretion of the Title IX Coordinator, external professionals with experience adjudicating cases of Sexual Misconduct. The Title IX Coordinator will select (a) a minimum of three (3) members from this pool to serve on the Title IX Judicial Board, and (b) an additional non-voting Hearing Chair. The Title IX Judicial Board will review the investigative report and all supporting evidence. All persons serving on any Title IX Judicial Board (or as the Hearing Chair) must be impartial and free from actual bias or conflict of interest.
   a) Notice and Timing of Hearing. The Complainant and Respondent shall be provided written notification of the time, place, date of the hearing, and the names and titles of Judicial Board members who may serve at the hearing. Sufficient notice is defined as at least five (5) business days from the date of the Hearing Notification Letter, subject to extension for cause at the discretion of the Title IX Judicial Board Hearing Chair. An extension must be requested within two (2) business days of the receipt of the Hearing Notification Letter. Notice of any granted extension, including the reason for the extension, will be shared with the parties in writing.
   b) Postponement of Hearing. Permission to postpone a hearing may be granted provided that the request to do so is based on a compelling emergency and communicated to the Title IX Judicial Board Hearing Chair prior to the time of the hearing.
   c) Hearing Format: The hearing is an opportunity for the Complainant and Respondent to address the Title IX Judicial Board about issues relevant to the incident. Although the Title IX Judicial Board Hearing Chair 81 has the discretion to determine the specific hearing format, a typical hearing may follow these steps: presentation of charges, brief opening statements by the University investigator, Complainant, and Respondent, questioning of the University presenter/investigator, Complainant, Respondent, and witnesses, by the Title IX Judicial Board, University presenter/investigator, Complainant, and Respondent, and brief closing statements by the University presenter/investigator, Complainant, and Respondent. The Complainant and Respondent may not directly question each other, although they may submit, in writing, questions to the Title IX Judicial Board Hearing Chair, who then may choose to pose appropriate and relevant submitted questions to the Complainant or Respondent. Any information in the investigative report and supplemental statements submitted in response to the investigative report may be addressed during the hearing.
   d) Participation in Hearing.
   i. Parties. Both the Complainant and the Respondent have a right to be present at the hearing. Either party may request alternative methods for participating in the hearing that do not require physical proximity to the other party, including participating through electronic means. This request should be submitted to the Title IX Judicial Board Hearing Chair at least two (2) business days prior to the hearing. If, despite being notified of the date, time, and location of the hearing, either party is not in attendance, the hearing may proceed and applicable sanctions may be imposed. Neither party is required to participate in the hearing in order for the hearing to proceed.
   ii. Investigator or other witnesses. The Title IX Judicial Board may request the presence of any witness that it deems relevant. The parties may also request the presence of any witness relevant to the determination by the Title IX Judicial Board. The Title IX Judicial Board has absolute discretion to determine which witnesses are relevant to its determination and may decline to hear from witnesses where it concludes that the information is not necessary for its review.
   iii. Advisor of Choice. Both the Complainant and the Respondent have the right to be accompanied at the hearing by an advisor of their choosing. The advisor may be anyone, including an attorney, who is not otherwise a party or witness to the complaint. While the advisor may provide support and advice to a party at the hearing, the advisor may not speak on behalf of the party or otherwise participate in, or in any manner disrupt, the hearing. The University reserves the right to remove any individual whose actions are disruptive to the proceedings.
   e) Determination by the Title IX Judicial Board. The Title IX Judicial Board will make a determination within 10 business days following the conclusion of the hearing. If the Title IX Judicial Board finds that there is sufficient evidence to support a finding of responsibility by a Preponderance of the Evidence, it will then determine, by majority vote, the appropriate sanction(s) for the Sexual Misconduct. If the Title IX Judicial Board finds the Respondent not responsible as charged for the Sexual Misconduct, the complaint will be considered closed barring any appeal to the Title IX Coordinator. The Title IX Coordinator will review any interim accommodations to determine if the accommodations will remain in effect.
   f) Sanctions. The Policy prohibits a broad range of conduct, all of which is serious in nature. The propriety of any particular sanction is reviewed on an individual basis based on the unique facts and circumstances as 82 found by the Title IX Judicial Board. In keeping with the University’s commitment to foster an environment that is safe, inclusive, and free from discrimination and harassment, the Policy provides the Title IX Judicial Board with wide latitude in the imposition of sanctions tailored to the Complainant and University community, and accountability by the Respondent. The imposition of sanctions is designed to eliminate Sexual Misconduct, prevent its recurrence, and remedy its effects, while supporting the University’s educational mission and legal obligations. Sanctions may include educational, restorative, rehabilitative, and punitive components. Some conduct, however, is so egregious in nature, harmful to the individuals involved or so deleterious to the educational process that it requires severe sanctions, including suspension or dismissal from the University. Sanctions may include any of the sanctions that are available for violations of the Student Code of Conduct, including:

• Disciplinary Warning: This written action is taken when the individual’s conduct or involvement merits an official admonition.
• Disciplinary Probation: Exclusion from participation in privileged or extracurricular activities for a defined period of time.
• Creative Discipline: The objective of this sanction is education and rehabilitation.
• Suspension of Privilege: An individual or group will lose privileges that allow him/her/them to participate in specific activities, use specific facilities, or exercise specific privileges.
• Residence Hall/Suites/Apartment Complex Reassignment or removal: This action is an involuntary reassignment to or removal from on-campus housing. Removal from the residence halls is for a designated period of time. Usually, student is given forty-eight hours to remove all belongings from an assigned space. This may include restricted visitation privileges.
• Suspension of Group Recognition: This action consists of the withdrawal for stated periods of time all or part of the official recognition of a group found in violation of University regulations. Such action may include conditions for reinstatement of recognition. Total removal or recognition shall result in complete suspension of the activity of the group. The President shall be notified of this sanction.
• Revocation of Group Recognition: This action is permanent cancellation of the official University recognition and privileges of a group found in violation of University regulation. This action shall result in complete suspension of the group. The President shall be notified of this sanction.
• Restitution Fines: The student or organization may be required to make payment to the University or to another specified person(s) or group(s) for damages incurred as a result of a violation of any provision of the Student Code of conduct. Restitution Fines may include an administrative fee for processing.
• Interim Suspension: The President or his/her designee may suspend a student for an interim period pending full disciplinary proceedings whenever there is evidence that the continued presence of the student on the University campus poses a substantial threat to the safety and/or well-being of any person or persons, University property, or the property of others. An interim suspension may become effective immediately without any prior notice.

• Suspension: This action is one of involuntary separation of the student from the University for a designated period of time. After this period of time, the student is eligible to return. The Title IX Judicial Board may establish additional requirements which must be fulfilled to their satisfaction, prior to reinstatement. The student shall not participate in any University sponsored activity and may be barred from University premises during suspension. The President shall be notified of this sanction.
• Dismissal: This action is one of the involuntary and permanent separation from the University. Recommendation to the President of termination of student status for an indefinite period. The student will also be barred from University activities and premises. The President shall be notified of this sanction.

• The severity, persistence or pervasiveness of the Sexual Misconduct;
• The nature or violence (if applicable) of the Sexual Misconduct;
• The impact of the Sexual Misconduct on the Complainant;
• The impact or implications of the Sexual Misconduct within the University community;
• Prior misconduct by the Respondent, including the Respondent’s relevant prior disciplinary history, at the University or elsewhere, and any criminal convictions;
• Whether the Respondent has accepted responsibility for the Prohibited Conduct;
• The maintenance of a safe, nondiscriminatory and respectful environment conducive to learning; and
• Any other mitigating, aggravating, or compelling factors.

• Resolution with the Assistance of a Third Party: A Complainant may seek assistance in informally resolving a report of Sexual Misconduct from the Title IX Coordinator, who can arrange to have a trained representative facilitate a meeting or meetings between the parties. The availability of this form of informal resolution, and any resolution reached through such form of informal resolution, is subject to the agreement of the Title IX Coordinator, the Complainant, and the Respondent. This form of informal resolution may not be used where the allegation involves sexual violence.
• Interventions and Remedies: Informal resolution agreements may involve a host of interventions and remedies, such as actions designed to maximize the Complainant’s access to educational, extracurricular, and/or University employment activities; increased monitoring, supervision, and/or security at locations or activities where the Sexual Misconduct occurred or is likely to reoccur; targeted or broad-based educational programming or training for relevant individuals or groups; academic and/or University housing modifications for student Complainants; workplace modifications for employee Complainants; one or more of the restorative remedies or other sanctions described in these Procedures; and/or any other remedial or protective measures that can be tailored to the involved individuals to achieve the goals of the Policy.

1. Procedural error(s) in interpretation of University regulations were so substantial as to effectively deny the student a fair hearing;
2. New and significant evidence, which could not have been discovered by diligent preparation for presentation at the initial hearing, is now available; or
3. Lack of evidence (based on the Preponderance of Evidence Standard) in the record to support the outcome. 

1. Uphold the decision of the Title IX Judicial Board;
2. Amend the decision of the Title IX Judicial Board without a hearing; or
3. Grant a new hearing with the Title IX Judicial Board.