Disciplinary Action Temple University
Disciplinary Action Temple University
ARE YOU FACING DISCIPLINARY ACTION AT TEMPLE UNIVERSITY?
If you are facing disciplinary action at Temple University, it is important to understand your rights and options.
Are you facing Disciplinary Action at Temple University?
If you are facing disciplinary action at Temple University, it is important to understand your rights and options. Here are some general guidelines to consider:
Know your rights: Temple University has a Code of Student Conduct that outlines the rules and standards of behavior expected of students. It is important to understand what you are accused of and what the potential consequences may be.
Review the evidence: You have the right to review the evidence against you, including any witness statements or documents. It is important to understand the case against you and to consider what evidence you may have to refute it.
Consider seeking legal advice: Depending on the nature of the disciplinary action, you may want to consider seeking legal advice. An attorney can provide guidance on your rights and options and can represent you in any disciplinary proceedings.
Attend any required meetings or hearings: If you are required to attend a meeting or hearing as part of the disciplinary process, it is important to attend. This is your opportunity to present your side of the story and to defend yourself against the allegations.
Understand your options for appeal: If you are found responsible for a violation of the Code of Student Conduct, you have the right to appeal the decision. It is important to understand the appeal process and to consider whether it may be appropriate in your case.
If you have any additional questions or concerns, it is a good idea to contact an attorney or seek guidance from a legal aid organization.
Do I need a lawyer?
Joseph Montgomery arguing, with success, in Federal Court
If you are facing disciplinary action at Temple University, an attorney can provide legal guidance and representation throughout the process. Here are some specific ways in which an attorney may be able to help:
Advise you on your rights and options: An attorney can explain your rights and options to you and help you understand the disciplinary process.
Review the evidence against you: An attorney can review the evidence against you and help you determine how to best defend yourself against the allegations.
Represent you in meetings and hearings: An attorney can represent you in any meetings or hearings related to the disciplinary action and advocate on your behalf.
Help you prepare for the disciplinary process: An attorney can help you prepare for any meetings or hearings and advise you on what to expect.
Assist with appeals: If you are found responsible for a violation of the Code of Student Conduct and wish to appeal the decision, an attorney can help you understand the appeal process and represent you in any appeals proceedings.
It is important to note that the specific role that an attorney can play in the disciplinary process will depend on the nature of the disciplinary action and the specific circumstances of your case. It is always a good idea to seek legal advice if you are facing disciplinary action and are unsure of your rights and options.
Temple Univeristy’s Statement on Disciplinary Action:
The Office of Student Conduct and Community Standards is responsible for administering the Student Conduct Code. Violations of the university's Conduct Code, including, among other things, stealing, cheating, disorderly conduct, plagiarism, and illegal possession/use of alcohol and other drugs, may result in a student being brought before one of the Student Conduct Boards, as outlined in the Student Conduct Code. Student Conduct and Community Standards facilitates the student conduct process striving to create a campus environment conducive to learning. The process is designed to help students realize their role in maintaining campus civility through educational programming and sanctioning as well as through the participants on the student conduct boards.
Temple University POLICY AND PROCEDURE MANUAL
The Temple University Policy and Procedure Manual Can be found here.
Key Takeaways from the Temple University POLICY AND PROCEDURE MANUAL
ACADEMIC HONESTY AND INTEGRITY The Temple University community believes strongly in academic honesty and integrity. Essential to intellectual growth and the university’s core educational mission is the development of independent thought and respect for the thoughts of others. Academic honesty fosters this independence and respect. Academic dishonesty undermines the university’s mission and purpose and devalues the work of all members of the Temple community. Every member of the university community is responsible for upholding the highest standards of academic honesty at all times. Students, as members of the community, are responsible for adhering to the principles of academic honesty and integrity.
BEHAVIORAL EXPECTATIONS Important aspects of attending the university as a student are having respect for the rights of others in the community, conducting one’s self in a manner that is compatible with the university’s mission and taking responsibility for one’s actions. Temple University Student Government has adopted a unity statement that reflects the values of the diverse Temple community, by which all students are expected to abide.
“As Temple Owls, we respect all members of our university and local community regardless of: race, ethnicity, sex, gender, identity, sexual orientation, age, religion, socioeconomic status, veteran status, political affiliation, or (dis)ability. By providing a wealth of life experience, this diversity is our greatest strength. This diversity serves as an avenue to engage in educational discourse. Based on this premise we welcome those who are different from us to challenge and expand our worldview. As an establishment founded on scholastic pursuits, we recognize that there is no place for ignorance or violence on our campus. We strive to understand all cultures and experiences as well as empower our peers to unite into a cohesive student body that aims to break down socially constructed barriers in order to learn together, grow together, and fly together.”
To fulfill its functions of promoting and disseminating knowledge, the university has authority and responsibility for maintaining order and for taking appropriate action, including, without limitation, exclusion of those who disrupt the educational process. University authority should not be used merely to duplicate the function of general laws. Only when the university’s interests as an academic community are substantially involved should the special authority of the university be asserted. Responsibility for the enforcement of the rules of the university rests with all the members of the Temple community. University rules should serve as a guide for high personal standards. It is the student’s responsibility to:
Foster an environment conducive to continued intellectual and educational stimulation within the university free from unlawful harassment by other members of the community;
Foster academic honesty and an environment that encourages intellectual growth and the development of independent thought;
Foster the maintenance of physical and mental health, the safety and welfare of each member of the community; and
Respect the rights of others.
Student Conduct Board Hearings
Student Conduct Board Hearings shall be conducted according to the following guidelines. Where the conduct matter involves a charge of sexual harassment, which can include sexual assault, domestic violence, dating violence, stalking, or sexual exploitation, as defined under Articles III (C) 5 and 6 of the code, additional procedures, set forth in Appendix A, below, apply to the proceedings.
Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Conduct Board hearings.
Student Conduct Board Hearings shall be conducted in private. The Accused Student, Student Organization, Complainant, and their Personal Advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Administrator.
In the event there are multiple charges stemming from one incident or multiple related incidents, the Student Conduct Administrator, in the Student Conduct Administrator’s sole discretion and in the interests of fairness and efficiency, may schedule the matters for one or multiple hearings and hear them in whatever order is appropriate given the circumstances.
The Accused Student, Student Organization, the Complainant, and all university witnesses will be contacted with their Student Conduct Board Hearing date, time, and location via their official Temple University e-mail address if the individual is a member of the University Community.
The Accused Student, Student Organization, and the Complainant may challenge the selection of the Chairperson for good cause. The name of the Chairperson will be included in their Student Conduct Board Hearing notification and the challenge must be received at least 72 hours prior to the Student Conduct Board Hearing date. The Student Conduct Administrator will accept or reject the challenge as they deem appropriate.
At the commencement of the hearing, the Accused Student, Student Organization, and the Complainant may challenge, for good cause, the membership of any student, faculty member, staff member, or third-party neutral on the Student Conduct Board, if any. The Chairperson will accept or reject the challenges as they deem appropriate.
In Student Conduct Board Hearings involving more than one Accused Student, Complainant, or Student Organization, the Student Conduct Administrator, in their discretion, may permit the Student Conduct Board hearing to be conducted either separately or jointly.
The Accused Student, Student Organization, and the Complainant have the right to be assisted by any Personal Advisor they choose, at their own expense.5 The Accused Student, Student Organization, and the Complainant also may have a support person present at all hearings. The Accused Student, Student Organization, and the Complainant are responsible for presenting their own information in any Student Conduct Board hearings. A Student should select as a Personal Advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing. Delays will not normally be allowed due to the scheduling conflicts of a Personal Advisor. The Accused Student, Student Organization, and the Complainant must notify the Student Conduct Administrator of the name of any support person or Personal Advisor at least two business days prior to the hearing. If a student fails to notify the Student Conduct Administrator of the name of any support person or Personal Advisor within the parameters outlined above, the individual’s participation will be at the discretion of the Student Conduct Administrator.
The Accused Student, Student Organization, the Complainant, and the Student Conduct Administrator may present evidence, including arranging for witnesses to present pertinent information, to the Student Conduct Board. The Student Conduct Administrator will try to arrange the attendance of possible witnesses who are members of the university community, if reasonably possible, and who are identified by the Accused Student, Student Organization, and/or Complainant at least two business days prior to the Student Conduct Board Hearing. All witness notifications will be sent to members of the university community via their official Temple University e-mail address. Witnesses will provide information to, and answer questions from the Student Conduct Board. Questions may be suggested by the Accused Student, Student Organization, and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the Chairperson, rather than to the witness directly. This method is used to preserve the educational character of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the Chairperson of the Student Conduct Board. Ultimately, it is the responsibility of the Accused Student to ensure that witnesses they would like to appear on their behalf, are aware of the date, time, and location of the scheduled hearing. The SCCS will make reasonable accommodations for the appearance of any witnesses at a scheduled hearing, including but not limited to, phone, and video conferencing.
The Accused Student or Student Organization will not be compelled to testify, and no inference may be drawn from the Accused Student’s or Student Organization’s failure to testify. No person will be compelled to give testimony that could incriminate themselves.
Pertinent records, exhibits, and written statements (including impact statements during the sanctioning phase of the hearing, if any) may be accepted as information for consideration by a Student Conduct Board at the discretion of the Chairperson. Evidence of the Accused Student’s or Student Organization’s good character will generally only be accepted during any sanctioning phase of the hearing.
All procedural questions will be resolved by the Chairperson of the Student Conduct Board, in consultation with appropriate individuals, including the Student Conduct Administrator.
At the commencement of all hearings, the Student Conduct Administrator will remind all hearing participants that they are obligated to provide accurate and truthful information to the Student Conduct Board. The Student Conduct Board will conduct the questioning and evaluate the testimony and any other evidence. The Student Conduct Board will determine whether an Accused Student or Student Organization has violated the Student Code. If the Student Conduct Board determines that a student has violated the Student Code, the Student Conduct Board will recommend a sanction to the University Code Administrator. The Student Conduct Board, if comprised of more than one person, will reach its decision by a simple majority vote. In the event of a tie vote among members of the Student Conduct Board, a finding of no violation shall be made.
The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the Accused Student or Student Organization violated the Student Code.
There shall be a single record, which may include an audio or video recording, of all Student Conduct Board hearings before a Student Conduct Board. Deliberations shall not be recorded. The record shall be the property of the university, accessible to involved students as a student record in accordance with university policies. See Article VI: Section B.
The Accused Student’s or Student Organization’s appearance at all stages of the student conduct process is mandatory. The Accused Student, Student Organization, the Complainant, and the University will be expected to have all witnesses and evidence present at the scheduled time of the hearing. Failure of the Accused Student, Student Organization, Complainant, or of university personnel to appear may result in the hearing being held in their absence and a decision being reached on the charges. When the Student Conduct Administrator provides evidence that they have sent the Student Conduct Board Hearing notification through official Temple University e-mail addresses as shown in University records, failure to appear for a meeting or hearing cannot be justified by a claim of non-receipt of notice. It is the responsibility of Students to notify the University immediately of any change of address or make the appropriate change through TUPortal.
As determined in the sole judgment of the Student Conduct Administrator, the Student Conduct Board may accommodate concerns for the personal safety, wellbeing, and/or fears of confrontation of the Accused Student, Student Organization, Complainant, and/or other witnesses during the hearing by: providing separate facilities, using a visual screen, and/or permitting participation by telephone, videophone, video conferencing, video recording, or other means.
Faculty or administration may make recommendations to the StudentConduct Board concerning sanctions if an Accused Student or Student Organization is found in violation of the Student Code.
The Student Conduct Board will make its findings and recommendations upon the conclusion of its deliberations.
The hearing is then concluded.
In each case in which a Student Conduct Board determines that an Accused Student and/or student organization have violated the Student Code, the Student Conduct Board shall recommend sanctions to the University CodeAdministrator. The recommendation of the Student Conduct Board shall be considered by the University Code Administrator in determining and imposing sanctions; however, the sanctions shall be determined and imposed by the University Code Administrator and the University Code Administrator is not limited to sanctions recommended by members of the Student Conduct Board.
Following the Student Conduct Board hearing, the Student Conduct Administrator shall advise the Accused Student, group and/or organization in writing of the determination and of the sanction(s) imposed, if any, along with instructions regarding appeals (Article IV, E).
Where the conduct matter involved a charge of a violent crime, as defined by the Family Educational Rights and Privacy Act (“FERPA”), the University Code Administrator will also advise the Complainant of the final outcome.
Where the conduct matter involves a Student Organization, notification of the hearing outcome will be provided to the appropriate University official advising the student group as well as the national headquarters for the organization if one exists.