Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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22 Pa. Code § 505.3. Procedural guarantees.

§ 505.3. Procedural guarantees.

 The university’s rules of procedure for student disciplinary hearings shall provide students with the following procedural guarantees:

   (1)  Reasonably specific advanced written notice of charges containing a description of the alleged acts of misconduct, including time, date and place of occurrence and the rules of conduct allegedly violated by the student.

   (2)  Advanced written notice of the date, time and place of the hearing, unless the right is waived in writing by the student.

   (3)  An opportunity for submission of written, physical and testimonial evidence and for reasonable questioning of witnesses by both parties.

   (4)  A reasonably sufficient interval between the date of service of charges and the date of the hearing to allow the student to prepare a defense.

   (5)  An impartial hearing body which may consist of a committee, board or individual appointed by the university president.

   (6)  Maintenance of a written summary or audiotape record of the hearing at university expense, though students may be required to pay the costs of copies of requested records.

   (7)  A decision based upon evidence sufficient to make a reasonable person believe that a fact sought to be proved is more likely true than not.

   (8)  A written decision in which the facts and reasons are set forth with reasonable specificity which shall be issued within 30 working days after the close of proceedings.

   (9)  Identification by the student of an adviser, who may be an attorney, to be present at hearings. The adviser may only consult and interact privately with the student, unless the university grants the adviser permission to represent a student in a particular case.

Authority

   The provisions of this §  505.3 amended under section 2006-A of the Public School Code of 1949 (24 P. S. §  20-2006-A).

Source

   The provisions of this §  505.3 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial pages (103808) to (103809).



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