The Student Code

Preamble

Franklin & Marshall College is a residential College dedicated to excellence in undergraduate liberal education. Its aims are to inspire in young people of high promise and diverse backgrounds a genuine and enduring love for learning, to teach them to read, write, and think critically, to instill in them the capacity for both independent and collaborative action, and to educate them to explore and understand the natural, social and cultural worlds in which they live. In so doing, the College seeks to foster in its students qualities of intellect, creativity, and character, that they may live fulfilling lives and contribute meaningfully to their occupations, their communities, and their world.

As a residential College, Franklin & Marshall believes that the experience of living with other students is at the core of the educational experience, parallelling and enhancing their studies. For students to truly benefit from living and working together, students should model and practice the core elements of being an F&M Diplomat - respecting the rights of other members of the community in which they are a part—a community which includes students, members of the faculty and staff of the College, and other residents of Lancaster.  

The Student Code sets forth the expectations Franklin & Marshall College holds related to student behavior and the rights and responsibilities of students. Students are expected to model and live the life of an F&M Diplomat.  As such, the College expects students to maintain standards of personal integrity; to be responsible for their actions; to observe established laws and College regulations; and to respect the rights, privileges, and property of others on campus or elsewhere.  

The student conduct process is intended to be a learning experience which yields growth, behavioral changes, and a personal understanding of the responsibilities, consequences, and impacts of actions. Outcomes are designed to balance education with accountability and community safety. This process balances the needs and rights of students with the needs and expectations of the College. It supports and values Franklin & Marshall College’s mission and offers a continuum of responses, which are educational and restorative in nature. Students are treated with care and respect while being afforded the opportunity to receive a fair resolution process. Statuses and conditions are designed to promote the College’s educational mission. The Student Code defines College intervention, resolution options and possible disciplinary action related to the behavior of individual students. In some places, the Code describes common outcomes for violations, but the College necessarily reserves the right to assign any specific outcome for a particular circumstance.

Applicability

The Student Code applies to all students as well as College-affiliated student organizations. This includes, but is not limited to, students who are full-time, part-time, auditing, exchange students, non-matriculated students, and visiting students. For the purpose of applying the Code, an individual is considered a student when a student has matriculated or enrolled in the College and as long as the student has a continuing educational interest at Franklin & Marshall College. This includes the period during a leave of absence, whether voluntary or required. Additionally, a student who has permanently withdrawn or graduated from the institution may still be held accountable to the Code for behavior that occurred prior to the withdrawal or graduation, even if the information was not brought to the College's attention before the withdrawal or graduation occurred. A student may not be approved to participate in graduation when a disciplinary matter is pending. Students with outstanding or pending Code of Conduct charges will have a Disciplinary Hold placed on their student accounts until the matter is resolved. At the discretion of the College, students with outstanding or pending Code of Conduct charges will not be approved for withdrawal. 

The Code applies to behavior occurring on property owned or operated by the College or at College-sponsored or affiliated programs and events, including study abroad programs. The Code also applies to behavior that occurs off-campus if that behavior is determined by the College to:

  • Present a danger or threat to the health or safety of self or others

  • Infringe on the rights or property of self or others

  • Breach the peace and/or cause disruption

  • Be detrimental to the educational mission and/or interests of the College

The Code may also apply to behavior that occurs online, via email, or other electronic means. Should electronically shared information come to the College’s attention, that information will be evaluated as to whether it violates the Student Code and/or warrants further investigation.

Failure to complete assigned conditions may result in the student’s record being placed on hold (Disciplinary Hold) which can prevent registration, participation in the room selection process, release of grades/transcripts, participation in graduation, and/or the granting of a degree.

Visitors to the College are expected to abide by the Student Code while on property owned or operated by the College or at College-sponsored or affiliated programs and events. Visitors found in violation of the standards may be issued a notice of trespass by Public Safety. Student hosts may also be held accountable for violations committed by their visitors. Students are expected to be present with their visitors at all times while in College residential areas.

Student Rights

Students have the right to be treated fairly and with dignity regardless of age, color, disability, gender, gender identity, genetic information, family or marital status, national or ethnic origin, race, religion, sex, sexual orientation, veteran status, or any other protected class as stated in the Franklin & Marshall non-discrimination notice. 

The College has a commitment to provide students with a balanced and fair system of resolution throughout the conduct process. The Student Code is an outline of administrative procedures and should not be equated with procedures used in civil or criminal court.

Interim Measures

The College may impose interim measures as needed to provide for the safety and well-being of members of the College community, to protect College property or if there is an ongoing threat of disruption to the College’s operations. The Vice President for Student Affairs and Dean of Students, or their designee, have authority to impose interim measures, which may include, but are not limited to:

  • no communication/no contact orders
  • providing a Public Safety escort on campus
  • referral to counseling services
  • residential, academic or employment modification
  • interim suspension.
    Interim suspension may include suspension of privileges, as well as suspension from the institution. During an interim suspension, a student may be denied access to College residences and/or the campus, including classes, may be located to a different residences, have class changes made and/or denied access to other College activities or privileges for which the student may otherwise be eligible. The interim suspension does not replace the student conduct process.

Appeal

The Student Code provides students the right to appeal the original decision involving their charges Depending on the type of hearing process, administrative or Committee on Student Conduct, there are different appeals processes  

Administrative Academic Misconduct or Disciplinary Hearing Decisions

Students who receive a disciplinary status as a result of an administrative academic misconduct or discipline hearing may appeal  the decision to the Office of Student Affairs. The student must file his/her appeal in writing with the grounds noted with the appropriate administrator, who now for the purposes of this process becomes known as the appeal officer, within five (5) working days after the administrator issues written notification of the decision. Following review of a particular case, the appeal officer may issue an outcome more or less severe than the original outcome if warranted or confirm the original outcome, or may otherwise adjust the initial disciplinary decision in the appeal’s officer’s sole discretion.

Appeals can be sought on the following two grounds:

  • On a claim of error in the procedures that affected the outcome; and/or
  • On a claim of new evidence, information, or material that was not available at the time of the disposition and is relevant to the case. The decision of whether there are grounds for appeal is at the sole discretion of the appeal officer.

If the Administrative Officer determines there are grounds for appeal, the appeal officer will observe the following procedures:

  1. Discussing the circumstances of the case and the appeal with the student.
  2. Further discussing the case and the appeal with the Administrative Officer who issued the original outcome.
  3. Rendering a decision on the appeal within 30 working days from the time that the student files it, unless extenuating circumstances require delay in the appeal process.
  4. Including in the decision the findings of fact on which the decision is based. The appeal officer, however, need not give detailed reasons for the decision reached or the outcome imposed.
  5. The decisions of the appeal officer are final.

Committee on Student Conduct Decisions

A student (either the student charged or the student initiating the charge) may appeal a Committee on Student Conduct decision in his or her case to the Office of the Provost (or designee), described hereinafter as the appeal officer. The student must file this appeal in writing, with the grounds noted, with the appropriate officer, within five (5) working days after the Office of Student Affairs issues its written notification of its decision. Appeals can be sought on the following two grounds:

  • On a claim of error in the hearing procedure that affected the outcome of the hearing; and/or
  • On a claim of new evidence, information or material that was not available at the time of the hearing and is relevant to the case.

The decision regarding whether there are grounds for an appeal is at the sole and final discretion of the appeal officer.

In determining whether there are grounds for an appeal, the appeal officer meets with the Chair and the Adviser to the Committee on Student Conduct to review the procedures that the Committee followed and the evidence that it considered. If the appeal officer considers it necessary, they may meet with a number of Committee members or the Committee as a whole.

If the appeal officer finds no grounds to hear an appeal, the student will be informed in writing. The appeal officer need not give detailed reasons for the decision reached.

If the appeal officer decides to there are grounds for an appeal, the student has the choice of requesting that the Committee on Student Conduct rehear the case or that the appeal officer hear the appeal.

If the Committee agrees to rehear the case, it will then decide whether to rehear the case in its entirety or to rehear portions thereof. Following the rehearing, whether in part or in full, the Committee will make a recommendation to the appeal officer, who will then determine the appropriate outcome as described above. Following review of a particular case, the appeal officer may issue an outcome more or less severe than the original outcome so warrant or confirm the original outcome, or may otherwise adjust the recommendation of the Committee in the appeal’s officer’s sole discretion. The decision of the appeal officer is final.

If the Committee refuses to rehear the case, then the case will automatically be referred back to the appeal officer to hear the appeal.

In hearing the student’s appeal, the appeal officer will utilize the following procedures:

  1. Discussing the circumstances of the matter and the appeal with the student.
  2. Further discussing the matter and the appeal with the Chair of the Committee on Student Conduct, where appropriate, a number of Committee members, or the Committee as a whole.
  3. Rendering a decision on the appeal within 30 working days from the time that the student files it, unless extenuating circumstances require delay in the appeal process.
  4. Including in the decision the findings on which the decision is based. The appeal officer, however, need not give detailed reasons for the decision reached or the status or conditions imposed.
  5. The decisions of the appeal officer or designee are final.

Criminal Charges or Civil Claims

Students are responsible for their actions and any consequences imposed by authorities outside the College. When student behavior is potentially in violation of law or of the Code, the College reserves the right to invoke the conduct process independent of, or in addition to, any pending criminal charges or civil claims, or convictions.

STUDENT CODE

A student who is found to have engaged in the following conduct, or is found to have aided or assisted any other person in committing any of the following acts, while on or off the College campus shall be subject to action as stated in the Student Code. College--recognized, sponsored, or sanctioned student groups are subject to the same disciplinary action as individual Students.  Prohibited acts include, but are not limited to:

Academic Misconduct.

Academic misconduct, including, but not limited to, all forms of cheating and plagiarism. Academic misconduct further includes providing or receiving assistance in a manner not authorized by an instructor in the creation of work to be submit- ted for academic evaluation including papers, projects and examinations; failure to obtain prior written permission of the relevant instructors to submit any work that has been submitted in identical or similar form in fulfillment of any other academic requirement at any institution; failure to comply with all College research policies (including, but not limited to, the College's policy on Human Subjects); presenting, as one’s own, the ideas or words of another person or persons for academic evaluation without proper acknowledgment; unauthorized duplicate submission of papers or other work; and infringing upon the rights of others to fair and equal access to library materials. For more information regarding the College's academic policies please visit the following web pages: Human Subject Policy & Research Involving Animal and Human Subjects. 

The College relies upon a variety of means to uphold the principles of academic integrity, including the use of services to evaluate papers for plagiarism. Students are reminded that a concern of academic dishonesty will be based on what the student submits for evaluation, not what they intended to submit. See “Academic Honesty,” in the Catalog, for further explanation.

Alcohol and Drug Policy.

See Alcohol and Drug Policy for details and common outcomes for violations. 

Dishonest Behavior.

Any act of dishonesty, including misrepresenting, omitting, altering, or falsifying information to College officials or on College documents, IDs, or records, exclusive of violations of Academic Misconduct Code.

Disruptive/Disorderly Behavior. 

Behaviors that are disruptive to any on or off campus activity or conduct that infringes on the rights of others. 

Endangering Behavior.

Behavior which endangers the health and/or safety of oneself or others. Examples include, but are not limited to, tampering or interfering with, fire safety equipment; unauthorized climbing on College buildings and structures; throwing objects out of windows; and the reckless operation of a motor vehicle.

Failure to Comply.

Failure to comply with the reasonable request of any College representatives, in the performance of their official duties. Examples include a request to identify oneself or honor the terms of a College or court-ordered no-contact agreement/order.

Harassment.

Abuse, threats, intimidation, assault, coercion and/or conduct, by physical, verbal, signed, written, photographic or electronic means, which unreasonably interferes with, threatens, or endangers any person.

Hazing.

See Hazing Policy for details. 

Lewd or Indecent Behavior (or sponsorship thereof).

Indecent exposure or the display of sexual or lewd behavior that reasonably would be offensive to others.

Property Damage.

Attempted or actual damage to property.

Theft.

Attempted or actual theft of, or misappropriation of, property and/or services.

Failure to be a Responsible Host.

Failure to ensure that the behavior of a non-College member complies with College policies. 

Unauthorized Access.

Unauthorized entry to or presence in any College building or property. Unauthorized possession, duplication or use of a College key, ID, or access card.

Failure to Engage in the Academic Processes and Programs of the College. 

Failure to meet academic requirements, including class attendance and communication with faculty and/or deans or other administrators.

Invasion of Privacy.

Installing or using any device for listening to, observing, photographing, recording, amplifying, or transmitting sounds or events where the individual/group involved has a reasonable expectation of privacy, without consent of all persons involved. The recording or photographing of a recognized group’s proceedings, performances, classes, lectures, programs, workshops, or other similar events without the specific authorization of the sponsoring organization, faculty member, speaker, or other party related to the event. 

Unauthorized membership.

This includes but is not limited to rushing, pledging, joining, or maintaining membership in a Greek organization that is not recognized by the College. It also includes living in a house or apartment run by or on behalf of an unrecognized Greek organization.

Retaliation

Any adverse action intended to intimidate or punish another individual for or from reporting misconduct or participating in any College process or activity.

Violation of the Law
Violation of federal, state, or local statutes, codes, or regulations. 

Other Campus Policies

Failure to comply with any Franklin & Marshall policy delineated in this College Manual or elsewhere and including, but not limited to, the following specific policies: 

a. Franklin & Marshall College Fraternity Membership Policy   
b. Lancaster City Noise Control Ordinance    

c. Franklin & Marshall College Information Technology Policies, including: Acceptable Use Policy,       Network Security Policy, Wireless Network Policy, Password Policy, Copyright & Fair Use Policy

d. Franklin & Marshall College Residential Life Policies    

e. Franklin & Marshall College Sexual Misconduct Policy    

f. Franklin & Marshall College Sexual Harassment Policy 

g. Franklin & Marshall Policy on Discrimination 

h. Franklin & Marshall Weapons Policy    

i. Franklin & Marshall College Houses Policies    

j. Franklin & Marshall College Fire Safety Policies 

k. Franklin & Marshall Parking and Transportation Policies