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Home My WebLink About01-06774 "':1] , ' , v ANDREW THEODORAKlS, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - EQUITY DICKINSON COLLEGE, Respondent NO. 01-6774 EQUITY . ORDER OF COURT AND NOW, this 29Th day of November, 2001, upon consideration of Petitioner's Petition for Special Injunction/Preliminary Injunction Pending the Disposition of State and Federal Criminal Matters, and following a telephone conference with Petitioner's counsel, John A. Abom, Esq" and Respondent's counsel, Dana Scaduto, Esq., Petitioner's request that the disciplinary hearing scheduled for November 29, 2001, at 6:00 p.m, be enjoined pending a hearing and disposition of criminal matters relating to Petitioner is denied, THIS ORDER is predicated, inter alia, upon a representation of Respondent's counsel that the disciplinary hearing will be conducted off-campus in the event that a condition of Petitioner's present release on bail would preclude his appearance at a disciplinary hearing conducted on-campus, and is entered without prejudice to Petitioner's position that any resultant disciplinary sanctions would be subject to challenge on the basis of an absence of due process within Respondent's disciplinary system or on the basis of a preemptive effect of his application to withdraw from college, BY THE COURT, , .r\\~ &:~-I ~ IJtI C<J e. Wesley Oler, <" "'~;::,,; '".~" f,~--""7..' __'_'_' "'''',_''<;,'"", ,"" ~I' __ _'-.~,",~ 1," "''__n tA t "h" '. ~~ -", .'-,-,,t-'"_ ","i:~'~,,:, '>"+l'l';~,i~"~~'+::"il( - -',-'-j, '-'Ao..:-'_,4"S_,;, .a_ ,', ,'''-'--Yi-'\'i~ii{'\J~!~ ,':;'""; iii~'-'~ij'~'jijW-\~j"'-'t ,~'tr:''.':~'~] ~ r _ , . 00 i"" c"\\'\:'> ",1'\" ,,- It::\}";:)I,,,,\S=\'C\1 . '-'nl\" ~ \.,~ '<., _ ,_. ~'~I"\~' (\'.~'\"; , \ \~ \11"""'; _. _"""} .. ,,$\,," ,., '\\U,' \ \\'" , (, i'->' ,\~,~ $ ~ \"..\\ I)'t. ',\, " , ",,>\.,j', ,\~\\.I\ ,-~L ~V., '~,')\" "",,', ." _10'" ;,,_,t.'1',e,."', _~~im'" llN(l,f~."(""","",,,c~!~9!",,:_-"'f'""\ ~--::-_; --- -, co-, 'r:~'~- < - ~lJll!!flI~_\1i~I\~ll: ';)," '~-i.";'F'~tif~/;if~(_j~~$",_,_:_,_,:_____, _:", , ~ ,~~_"._"~",.__,,,., '0' ^" John A. Abom, Esq. 8 South Hanover Street Suite 204 Carlisle, PA 17013 Attorney for Petitioner Dana Scaduto, Esq. P.O. Box 1166 Harrisburg, P A 1710 I Attorney for Respondent :rc -'''',~N'Imi)_ ,.,t",'" "I . -. ,~ \ "'~'. ,~ - . , '~ " =, .01' <, ANDREW THEODORAKlS, Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0/- (;77l/ 0 DICKINSON COLLEGE, Defendant. ORDER SPECIAL INJUNCTION AND NOW, this_ day of ,2001, upon consideration of the Motion for a Special Injunction/Preliminary Injunction and good cause appearing therefore, it is hereby ordered: 1. Said Motion is Granted and the Respondent, Dickinson College, is hereby prohibited from holding a Disciplinary Hearing concerning violations allegedly committed by the Petitioner until a full hearing can be held before this Court within the next five days; 2. A hearing on the Petitioner's Motion for a Preliminary Injunction is hereby scheduled for the _ day of ,2001, at _ AMlPM in Courtroom No. _ in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Distribution: Dana Scaduto, Esquire McNees, Wallace & Nurick P. O. Box 1166 Harrisburg, P A 171 0 1 John A. Abom, Esquire Abom & Kutulakis, L.L.P. 8 South Hanover Street, Suite 204 Carlisle, PA 17013 ':~'1-,f"!"J'J1M'1~~~J ~ ~ .' "'. ~'. !IiAI11 . "~ , ' ~"""""", y, ''"''"~'~ '-, , '~ ANDREW THEODORAKIS, Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. DICKINSON COLLEGE, Defendant. ORDER PRELIMINARY INJUNCTION AND NOW, this _ day of ,2001, upon consideration of the Motion for a Special Injunction/Preliminary Injunction and following a hearing before this Court, it is hereby ordered that said Motion is Granted and the Respondent, Dickinson College, is hereby prohibited from holding a Disciplinary Hearing concerning violations allegedly committed by the Petitioner until the fInal disposition of state and federal charges against the Petitioner or until such time as this Court shall Order otherwise. BY THE COURT: 1. Distribution: Dana Scaduto, Esquire McNees, Wallace & Nurick P. O. Box 1166 Harrisburg,PA 17101 John A. Abom, Esquire Abom & Kutuiakis, L.L.P. 8 South Hanover Street, Suite 204 Carlisle, P A 17013 /,"""r""""~N~,"l; " ,-, , ~ ' ,"""'~~ , . - ( "J"- ANDREW THEODORAKIS, Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. {} 1- (p 771/ rr1 DICKINSON COLLEGE, Respondent. ACTION IN EQUITY TO THE HONORABLE JUDGES OF SAID COURT: ~[;::~ . . . FOR SPECIAL INJUNCTIONIPRELIMINARY INJUNCTION PENDING THE DISPOSITION OF STATE AND FEDERAL CRIMINAL MATTERS AND NOW, this 28th day of November, 2001, comes Andrew Theodorakis, by and through his counsel, ABOM & KUTULAKIS, L.L.P., and respectfully moves This Honorable Court for a special injunction and a preliminary injunction pursuant to Pa. R.C.P. 1531, and in support thereof, avers the following: 1. Andrew Theodorakis, hereinafter referred to as "Petitioner," is a twenty-one year old, adult male residing at 19 Shore Oaks Drive, Stoney Brook, New York. 2. Dickinson College, hereinafter referred to as "Respondent," is a four year residential college located in Carlisle, Cumberland County, Pennsylvania. 3. Until October 31, 2001, Petitioner was a full-time student in his Senior year at Respondent's institution. 4. On October 31, 2001, Carlisle Borough Police Detective David Smith charged Petitioner with the following crimes pursuant to an incident where Respondent's employees "W"IJl:\'l'.re<>~,",lW'I ,i _,~' _~lI!lJ~" 'C',' .,"'~ " .,--. ," , ~~ .;. "- , found two envelopes containing baking soda in the intra-campus mail: a. Causing a catastrophe; b. Risking a catastrophe; c. Simple assault (6 cts.); and d. Terroristic threats (2 cts.) 5. True and correct copies of the Criminal Complaint and Affidavit of Probable Cause filed by Detective Smith against Petitioner are attached as Exhibit A. 6. It is believed and therefore averred that the Petitioner remains liable to be charged by federal law enforcement authorities. 7. On October 31, 2001, Respondent placed Petitioner on interim suspension. See letter dated October 31, 2001, attached as Exhibit B. 8. On November 1, 2001, Petitioner made Application for Voluntary Withdrawal from Dickinson College. See Exhibit C. 9. Respondent is unwilling to accept Petitioner's withdrawal. See, November 6, 2001, letter from Attorney Scaduto attached as Exhibit D. 10. By letter dated November 8, 2001, Petitioner received notification of a disciplinary hearing to be held by Respondent on November 15, 200 1 ,regarding various alleged violations of Dickinson College's Code of Conduct. Exhibit E. 11. The Dickinson College Code of Conduct and Disciplinary System, hereinafter referred to as the "Code of Conduct," (a true and correct copy of which is attached as Exhibit F) applies to all students enrolled at Respondent's institution, prohibits certain conduct and outlines rights to which students are entitled. The Code of Conduct sets forth a hearing process to be -"""'''''''l'",~~:~ "_~ _."",. -I'.' " -"'l .- ~ . , l_~' " .. followed in circmnstances where a student has been accused of a violation of the Code of Conduct and further provides for a menu of Sanctions including fines, suspension, expulsion and the imposition of restitution. 12. On or about November 15, 2001, Petitioner requested and Respondent granted a continuance of the scheduled hearing and rescheduled the expulsion hearing for November 29, 2001. See, November 15, 2001 letter attached hereto as Exhibit G. 13. Respondent is unwilling to continue this matter. 14. The disciplinary hearing is to be conducted pursuant to the Code of Conduct at part 1I.E.4. See, Respondent's November 15, 2001, attached hereto as Exhibit C. 15. Pursuant to the Code of Conduct, Petitioner may be present at the disciplinary hearing. 16. Pursuant to the Code of Conduct, Petitioner has the following obligations and or rights: a. to present the testimony of witnesses, including himself, in his defense; b. to make a relevant statement on his own behalf; c. to raise and respond to questions posed at the hearing; and d. to the assistance of an "Advisor" 17. Respondent's Code of Conduct defines Advisor as being "[l]imited to a student, facility member or staff member of the Dickinson College. No advisor may have a law degree and may not he permitted to have a law degree in any jurisdiction." See, Exhibit F, page 15. 18. Respondent's Code of Conduct forbids Petitioner to be represented by undersigned counselor any other person with a legal degree. '~'~'"1""-"-..'o/j-" f"i!. ,-,---~,'!';~~",.,.",>}!g",,,c T".~ 00\ ~ 19. Respondent's Code of Conduct states that the Petitioner is required to attend the scheduled hearing, except in an emergency, and ifthe Petitioner fails to attend, the hearing may take place in his absence. MOTION FOR SPECIAL AND TEMPORARY INJUNCTION PENDING THE DISPOSITION OF STATE AND FEDERAL CRIMINAL MATTERS 20. The averments of paragraphs 1 through 19 are incorporated herein by reference. 21. Petitioner currently wishes to respond to all or portions of the alleged violations of the Code of Conduct and further wishes to contest possible sanctions, including the imposition of fines, restitution and an expulsion, as is his right under the Code of Conduct. 22. In order to be entitled to an injunction, the Petitioner must establish the following: a. Injunctive relief is necessary to thwart immediate and irreparable harm which could not be remedied by damages (money or statutory relief); c. Greater injury will occur from refusing the injunction than from granting it. d. The injunction will restore the parties to their status immediately prior to the alleged wrongful conduct; and e. The injunction is reasonably suited to abate the wrongful conduct. WPNT v. Secret Communications, Inc.. 661 A.2d 409 (pa. Super. 1995) 23. Because Petitioner is entitled to present a defense and make a relevant statement and would be required to respond to questions posed at the hearing, Petitioner risks the possibility that law enforcement authorities could conclude that some or parts of his statement(s) would be incriminating in nature and of use to them in future criminal proceedings. 24. Should Petitioner make statements that law enforcement authorities would deem to , , '." '''. r><Tl 1l >Ii . ~ be incriminating against the Petitioner in the criminal matters currently pending or which may be instituted, Petitioner would suffer immediate and irreparable harm that could not be remedied by damages. 25. Because Petitioner remains on interim suspension and under a bail condition not to return to Respondent's property, Respondent will not suffer any harm by continuing this disciplinary hearing until all criminal matters have been resolved. 26. Consequently, Petitioner necessarily will suffer a greater injury by holding the disciplinary hearing on November 29, 2001 or any time prior to the [mal disposition of state and federal criminal charges. 27. If granted, the injunction will maintain the status quo of the parties immediately prior to the scheduled hearing. 28. The injunction is reasonably suited to protect Petitioner's constitutional right against self-incrimination and to preserve his rights under the Respondent's Code of Conduct to be heard and present a defense at a future disciplinary hearing. -"""""Je.l_-C"",7,,,",,~,__._~_ 1'-" " " -.~ - ,~~~,~~ ._--"~ '" .. , WHEREFORE, Petitioner respectfully requests that This Honorable Court: (a) grant his Petition for a Special Injunction and to Order the Respondent to refrain from holding a disciplinary hearing concerning violations allegedly committed by the Petitioner until a full hearing can be held before this Court; (b) grant his Petition for a Preliminary Injunction and to Order the Respondent to refrain from moving forward with a disciplinary hearing until the fmal disposition of state and federal charges or until such time as this Court shall Order otherwise. Respectfully submitted, Date: November 28, 2001 lakis L.L.P. J A. Abom, EsqUlr / /'Attorney LD. No. 77961 ~ Suite 204 8 South Hanover Street Carlisle,PA 17013 (717) 249,0900 Attorney for Petitioner -'''{~'''''-''''''''~F'''''''''''''''i]~_~ l;;j~ "'.~ __. <,. '-1 T. ,_. , r ,._~' '-'-'.' ,~ ri ""':~''''''''';;.''''Jl''''\''''~ c _ '., ( ANDREW THEODORAKIS, Petitiona-, IN nl:E COURT OF COMMON PLEAS CUMIlERLAND COL'NtY, PENNSYLVANIA NO. v. DICKINSON COllEGE, Respondent. ACTION IN EQUrn: VElUFICATION I, Andtew 'Iheodotakis, hereby verify that the factS set forth in the foregoi!Jg II.t:e tl.'Ue attd cottect to the best of my knowledge, information SInd belief. I understwd that false 5tt1r~nts herein are made subject to the penalties of 18 Pa.C.S. ~904. relating to unswom falsification to authorities, Date: \\\'-1\0 \ a ",", ~~ Andrew eo oubs I~"~'-' .~ - ~-~ ~ ~~W". ,~~~ !~~~ "~ - _"?''''~-''''':I''''W'W~$, '~~l!IIll!I!~] , "., .......",,~,.," ( . ' EXHIBIT A ~ '" , -- ..... ~~"~ .,,~~""-~.~~, ~'> ~ '~_ ^' o._~ _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 09201 . , CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Mag. Dis\. No.: Address: PAULA P CORREAL 1 COURTHOUSE SQ CARLISLE PA 17013 717 240 6564 DEFENDANT: COMMONWEALTH OF PENNSYLVANIA VS. JJ Name: Hon. Telephone: NAME and ADDRESS ANDREW J rHEODORAKIS 19 SHORE OAKS DR STONEY ~ QR- NY 11790 0000 00 AKA: ANDREW THEODORAKIS .;, ..,,,;,0,;, Docket No.: Date Filed: OTN: .~. ~ Registration Number Annual Sticker Number OLN Number SID Number R.8,A.: WM 21 PA0210200 0,0.6.: 01 21 I I 2001r6"dtr':3~4 CAR 1980 8.8.#: 067 I 1450uc~'lr5b4 2642 66 6690 Complaint Number Complaint Numbers if other Participants ORINO.: District Attorney's Office --'- Approved . -Disapproved because: -:.~,~ K . 'I - ./(" j (The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the atto~y for the Commonwealth prior to filing, Pa.R.Cr.P, 107,) When the affiant is not a police officer as defined in Rule 51 (C) and the offense(s) charged include(s) a misdemeanor or felony which does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attomey for the Commonwealth, who shall approve or disapprove without unreasonable delay), (Issue Date) (Signature) I (Nemeof Affleot) DET DAVID SMITH BADGE 8 cl CARLISLE PD 'i residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (check appropriate area) 1. -X I accuse the above named defendant. who lives at the address set forth above or, _ I accuse an individual whose nam(' is unknown to me but who is described as _ I accuse the defendant whose namd and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violatina the penal laws of the Comme Clwealth of Pennsylvania at: CARLISLE N COLLEGE ST W LOUTHER ST .:ARLISLE (P'ace-Po",,., S'b"""'oo) in (County) CUMBERLAND onorabout10 3020011130 HRS' Participants were: (If there were particip, '" place their names here, repeating name of above defendant) 2. The acts committed by the accU'3ed were: (Set forth a summary of the faelS sufficient to a'. . 'se the dafendant of the nature of the offense charged. Neither the evidence nor the statute allegedly violated need be cited, nor shall a clt;,''1n of the statute ailegedly vioiated, by itself, be sufficient. in a summary case, set forth a citation of the specific section and sub-section i the statuta or ordinance allegedly violated). ** SIMPLE ASSLT-FEAR OF BCJILY INJ BY PHYSICAL ME CTS 6 DID INTENTIONALLY, KNOWIN";LY AND RECKLESSLY, ATTEMPT BY PHYSICAL MENACE TO PUT ANOTHER PER:ON IN FEAR OF IMMINENT SERIOUS BODILY INJURY. Copy: District Justice Defendant Return of SeMce Police 4f97wp :'-""~')'<:!H"'~ ~ ~" -'- -I"' - -1"1f - , ." L Page 2 .'" , . . i.. '" . CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT f N ANDREW J THEODORAKIS De endant ame: Docket Number: J.....u: L"I ~ Ii WU<. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 2701 A3 OF THE ACT OF 18 OR THE ORDINANCE OF ** TERRORISTIC THREATS CTS 2 DID INTENTIONALLY, KNOWINGLY OR RECKLESSLY COMMUNICATE, EITHER DIRECTLY OR IND~RECTLY, A THREAT TO COMMIT ANY CRIME OF VIOLENCE WITH INTENT TO TERRORIZE ANOTHER. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 2706 A1 OF THE ACT OF 18 OR THE ORDINANCE OF ** TERRORISTIC THREATS CTS 2 DID INTENTIONALLY, KNOWINGLY OR RECKLESSLY COMMUNICATE, EITHER DIRECTLY OR INDIRECTLY, A THREAT TO CAUSE EVACUATION OF A BUILDING, PLACE OF ASSEMBLY OR FACILITY OF PUBLIC TRANSPORTATION. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 2706 A2 OF THE ACT OF 18 OR THE ORDINANCE OF i__._ ** CAUSING CATASTROPHE CTS 1 DID INTENT!ONALLY, KNOWINGLY OR RECKLESSLY CAUSE A CATASTROPHE BY EXPLOSION, FIRE, FLOOD, AVALANCHE, COLLAPSE OF BUILDING, RELEASE OF POISON GAS, RADIOACTIVE MATERIAL OR OTHER HARMFUL OR DESTRUCTIVE FORCE OR SUBSTANCE, OR BY ANY OTHER MEANS OF CAUSING POTENTIALLY WIDESPREAD INJURY OR DAMAGE. ** SEE CONTINUATION ADDENDUM ATTACHED ** 3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order tor a warrant at arrest to issue, the attached affidavit ot probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complC!int has been properly compl,etect and verified, 'and that there is probable cause for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes COd~ (18 PA. C.S. 4904) relating to unsworn falsiJ~~ti~n:~~~~oriti~/ ~, Date, .' __ " , ". ... r-'" .~. :-~$i9Ra~ure ,df9omplainant) .. ' , }, AND NOW, on this date, I certify the complain't has been properly completed and verified, and that there is probable cause for issuance of process. (Magisterial Ulstrlct) {lssutngAuthonty)' (SEAL) "O>"""-"--"-"'W''''''';!--''>~'''_l '~__ "~!""~F"'~- " - " . PAGE: 3, CRIMINAL COMPLAINT ADDENDUM DEFENDANT: ANDREW J THEODORAKIS ALL OF WHICH WERE AGAINST THE PEACE AND PENNSYLVANIA AND CONTRARY TO THE ACT OF OR IN VIOLATION OF 3302 A OR THE ORDINANCE OF ** RISKING CATASTROPHE INCIDENT NO: 20011001324 CAR DIGNITY OF THE COMMONWEALTH OF ASSEMBLY, OF THE ACT OF 18 CTS 1 DID INTENTIONALLY, KNOWINGLY OR RECKL~SSLY CREATE A RISK OF CATASTROPHE IN THE EMPLOYMENT OF FIRE~ EXPLOSIVE OR OTHER DANGEROUS MEANS, OR BY ANY OTHER MEANS OF CAUSING POTENTIALLY WIDESPREAD INJURY OR DAMAGE. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 3302 B OF THE ACT OF 18 OR THE ORDINANCE OF >i1?iW0>f"""'_""_'!"II~~L. - ,,--.,'-", ~-~- r" ..,.,~=, I-~~ c - D~ ~ CARLISLE PD PROBABLE CAUSE AFFIDAVIT DATE: 10/30/2001 OTN: PG 1 INCIDENT NUMBER: 20011001324 CAR CHARGE (S) : 18 2701 18 2706 18 2706 18 3302 18 3302 #CTS 6 2 2 1 1 A3 A1 A2 A B SIMPLE ASSLT-FEAR OF BODILY INJ BY PHYSICAL ME TERRORISTIC THREATS TERRORISTIC THREATS CAUSING CATASTROPHE RISKING CATASTROPHE J THEODORAKIS COMMONWEALTH VS ANDREW INFORMATION: 'og,,c;,*';W~'f>'-'"~'" ON 30 OCT 01 CARLISLE POLICE RECEIVED A COMPLAINT FROM DICKINSON COLLEGE PUBLIC SAFETY IN REFERENCE TO MAIL RECIEVED IN THE STUDENT MAILROOM. EMPLOYEES OF THE MAILROOM FOUND A WHITE POWDERY SUBSTANCE LOCATED IN A MAIL BIN. . EMPLOYEES IMMEDIATLY CONTACTED DICKINSON PUBLIC SAFETY AND THE ROOM WAS SEALED OFF AND A HAZ-MAT TEAM WAS CALLED TO THE SCENE, DURING THE COURSE OF THIS THE ENTIRE HOLLAND UNION BUILDING WAS EVACUATED AND SEALED OFF UNTIL THE SUBSTANCE IS TESTED. DURING THE SECURING OF THE MAILROOM AREA BY THE HAZ-MAT TEAM :2 LETTERS WERE DISCOVERED ADDRESSED TO ALEXIS GRAY & LEE SCOTT, . EACH LETTER CONTAINED A WHITE POWDERY SUBSTANCE AND A HAND WRITTEN NOTE STATING "YOU NOW HAVE ANTHRAX PREPARE TO DIE". THE WHITE POWDERY SUBSTANCE AND THE LETTERS WERE PACKAGED AND SENT TO THE PHILADELPHIA FBI LAB FOR TESTING. . DURING THE COURSE OF THIS INVESTIGATION YOUR AFFIANT WAS CONTACTED BY DICKINSON COLLEGE PRESIDENT WILLIAM DURDEN. PRESIDENT DURDEN ADVISED YOUR AFFIANT THAT HE HAD 2 MALES IN HIS OFFICE WHO HAD INFORMATION ABOUT THE LETTERS MAILED. YOUR AFFIANT SPOKE WITH A MATT MCFARLAND WHO STATED ON 29 OCT 01 HE WAS IN THE HOLLAND UNION BUILDING TALKING WITH THE ACCUSED. DURING THEIR CONTACT MCFARLAND OBSERVED THE ACCUSED WRITING LETTERS AND PLACING BAKING SODA WITHIN THE LETTERS, AT THAT TIME MCFARLAND TRIED TO TALK THE ACCUSED OUT OF MAILING THE LETTERS. MCFARLAND STATED HE OBSERVED THE ACCUSED MAKE UP 2 SEPERATE LETTERS AND ENVELOPES. YOUR AFFIANT ALSO SPOKE WITH A LEAH VENEZINO WHO STATED SHE WAS WALKING BY THE ACCUSED AND MCFARLAND IN THE HOLLAND UNION BUILDING ON 29 OCT 01 APPROX 1830 HRS. VENEZINO STOPPED AND TALKED WITH THEM. VENEZINO ALSO OBSERVED THE ACCUSED PREPARING AND MAILING 2 ENVELOPES THROUGH THE INTER-COLLEGE MAIL DROP. DURING THIS INVESTIGATION 6 DICKINSON COLLEGE EMPLOYEES AND STUDENTS UNDERWENT EXTENSIVE DECONTAMINATION STEPS BY THE HAZ-MAT TEAM OF COCCIARDI AND ASSCIATES, INC. THE HOLLAND UNION BUILDING IS SEALED OFF AND CLOSED UNTIL TEST RESULTS ARE RECEIVED FROM THE FBI LAB. ., "". ./" ;' '"j" ;.' CARLISLE PD PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20011001324 CAR DATE: 10/30/2001 OTN: PG 2 '1 "M-' I COMMGNWEALTH VS ANDREW J THEODORAKIS I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE (S) I HAVE MADE IN THE ABOVE AFFIDAVIT, I SWEAR TO, OR AFFIRM, THE AND BELIEF, AND SIGN IT ON BEFORE . WITHIN AFFIDAVIT UPON MY KNOWLEDGE, , 20 ., WHOSE OFFICE IS THAT OF INFORMATION .../ .~', / , . ': ..." -.. '" .-.-....- ----~..-"~.. SIGNATURE & SEAb OF DISTRICT JUSTICE SIGNATURE OF AFFIANT ---.. .-~ PRINT " 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE -';:-;'~':1"'''''''''W,'''';W5 ,,,~,;Jl .",~ ". ,,"" I --,-- "- ,'h"-""~","~'~<.~ EXHIBIT B .~<"',*'t>,";"f~"Nl'"' ._, .~ '" I'" , !{ c ~, ^~~ FROM FAX NO. I , l" If, 11\' -"', tC//;::.~"",.s"t" '. ~u" v, ()\ "'j, \. It \\", ' ,'} ~. J ". 't. ~ I c.( ~-,''''~7~ it Ii '~'('\~ t:J"'';"J~!'I; i \, I ~~... J , 0'" ~",,,,"t , , i '--"t~ V / "', '. L ,,:> v '....:~:..=-=.~:.. ;,' Nov. 27 2001 09:27PM P1 October 31, 2001 Andrew Theodorakis Dickinson College Hub Box 1986 ., ..- ",,'--". - _.._~. ., DearAndi'iiw;- Due to your arrest on criminal charges that involved incidents on Dickinson College campus'on or about October 30, you are placed on interim suspension from the College. As stated in the Code of Conduct "In certain circumstances the President or his designee may impose an interim suspension prior to a hearing," Interim suspension may be imposed to ensure the safety and well being of any IDeJIlber of theDic1cinson College conununity or preservation of College property; to ensure the student's own physical or emotional safety and weJI,being; and/or if the student poses a substantial threat of disruption of or interference with the normal operations of Dickinson College. During the interim sllilpension you will be denied access to the campus including classes and all other College activities or privileges for which you mig~t othelWise be eligible. Sincerely, ~:n~ ~;.ttr':~~:nts cc; Public Safety " . :': . Brenda);lr~?:. Regish1U- .' ' . William a.Durden, President C.. 'IJr;[~c.. ~~:': :)2~;n,1~'~ :::q ~>.:';~.:r. v':., ':.J:~:i..r;b; ~(j).; If:.. (.... ;::"..., . . .... '~~ .;; ~;:;,r':;:;'~:;l:;:I:;;~ r~;:'~i~';s";;::;~~,~~ ;~:;':'q:;:r~+.7' :.....'I".lJ l:.:P':...7::!Gt'j ~-;l. (,;'J}.jC:~~,~":, ..:. ~'.;,:~~.~:'." ~,..:,'::--- ..,'7;~L:'.:;; (/.I::"..':t';,; .:;~);:,.l;;;~::~..(,:. (':. :1...~':" ",' "~. ,;.:,i..:i::::'~:':~ ~/-',!!';(;:.;:~: ::0 ~'.;(.'r1.LG ~.!~1; , ,. i:. .... '.. i ,'.:: .: i.;'.:.);:',: .:....; i !j,r'.) /. ',' ::: : ,.~ :.;:,....:. . :~.!: :.C' ; . '. ,i:.:(: .'/:,~::,'; r ;');:'fjTr~ (:."1:. :r:.i:". 7J;;':;;.:Ji.J.(1 '. . rile fit'$t lcllege dl&1I1eT~d in the 11ewly l'W)gtlized naHOll . Sept~mbez' ~ J783 :P.O. aox 1773 . CAR.1.lSLE. PE:N'NS'r1.:VAN1A 17()13-2.8.96 . PHONE; 717-24.'1:-512.1 . WEB: www.dickinson.edu ^",:",~1'1,$"\';:~"'~_,," _ r ,~ . ' ,"~~"r';""h!:,,".'"'.'l'i''''' __, , , , , I ., t EXHIBIT C '-. -',""- -- . .,,' ".~, - -, - ,-, ~~~s v ArrORNEYSATLAW November 2,2001 Susan Nichols, Associate Dean Dickinson College P. O. Box 1773 Carlisle, P A 17013 Dear Associate Dean Nichols: Enclosed please fInd an Application for Withdrawal from Dickinson College that our offIce has completed on behalf of Andrew Theodorakis. In order to fully accomplish Mr. Theodorakis's withdrawal, I am respectively requesting your assistance in obtaining the signatures of Mr, Theodorakis's academic adviser, Harry Pohlman, and Mr. Theodorakis's class Dean. Your application indicates that Mr. Theodorakis must schedule an interview with the class Dean. I am hopeful, in light of the recent developments involving Mr. Theodorakis, that Dickinson College will waive this exit interview. While I do not believe that Mr. Theodorakis has a Stafford loan and/or a Perkins loan, if further signatures of a fInancial aide officer and/or the Assistant Comptroller are necessary, I am requesting your assistance in obtaining those signatures as well. Thank you kindly for your attention to this matter. Should you have any questions or concerns, please call me, Sincere Andrew Theodorakis Mr. and Mrs. Theodorakis 8 SOUTH HANOVER STREET, SUITE 204 CARLISLE, PA 17013 (717) 249-0900 FAX (717) 249-3344 106 WALNUT STREET HARrosBURG. PA 17101 (717) 232-9511 "1~''l''::>OP'<;)-,/ ':'F:jj~"~~_ ~ ",_""_,,. . " ^~"'r - , '-.. , ,~ ~, !""~ , ' . , APPLICATION FOR WITHDRAWAL FROM DICKINSON COLLEGE. Andrew Theodorakis Name (Please print - Last Name, First ~ame, Middle Initial) Social Security # It is the responsibility of the student to inform his/her parents of the student's plan for a withdmwal. 067-66-6690 It is the responsibilitv of the student to see that all financial obliqatlons with the Colleae are met. This includes obligations to the Cashier's Office, the Library, and the Bookstore and return of the residence hall key and ID card. The College reserves tile right to withhold the transmission of transcripts and, with federai financial aid guidelines, to withhold refunds until all obligations to the College have been fulfilled. After securing the signatures of the Academic Adviser(s), the R.O.T.C. Chairman (if enrolled), a financial aid officer (if the student has a Stafford Loan), and the Assistant Comptroller (if a student has a Perkins Loan), the student submits the form to tho appropril;ite Class Dean, who forwards it to the Registrar. The student is required to schedule an exit interview with the Class Dean. (If a student does not know who his/her Class Dean is, the Student Life Office should be consulted.) The student must have this interview either in person or by phone (if leaving after the regular school year), If the student wishes additional financial aid counseling, an interview should be scheduled with a financial aid officer. I am withdrawing from Dickinson College for the following reason(s): I believe that it is in the best interest of Dickinson College and my own best interest to withdraw from my senior year. ','r~<'~"~"""'I".''''''''''lf'~ 44.1, '_-','1-"'--_,~"'"'. I "., - " ...- ,~, . .-. i"~~"'\j<~"'I1"li!l , , , SIGNATURES: ACADEMIC ADVISER(S): 1. Today's Date 2. Today's Date (You should obtain signatures of both primary adviser and second major adviser if you are a double major.) CHAIRMAN, R.O.T.C. (If enrolled) PERKINS LOAN INTERVIEW Today's Date (Students with Perkins Loans must have theirexitinterviews with the Assistant Comptroller.) Today's Date STAFFORD LOAN INTERVIEW Today's Date (Student with Stafford Loans must have their exit interviews with a Financial Aid officer.) After securing the signatures required above, the student takes this form to the appropriate Class Dean. Students should refer to the Colleqe Bulletin for information on satisfactory academic progress and refund information. The Office of Financial Aid publishes a brochure entitled "Inform!'ltion on Policies and Procedures" which should be consulted by those students receiving financial aid. I acknowledge that I am fully aware of my obligations concerning this application and take full responsibility for this change in my student status. I also request any refund to which J might be entitled. I understand that such refund may be subject to disbursement to Federal Aid Programs. /4_ ~ 5I,d,"I', 5',,,,,,,, ()~ Tad,y', Oat, I\ll{ vI Forwarding Address Signature of Class Dean Today's Date Last Date of Class Attendance Registrar's Signature Today's Date~_ 6/00 . , ' , , ., , EXHIBIT D ~'~':1'~~~",.-,.^:~,:,.-",-".-j'''I'ffi_"",___ '-',,",~-,~'-~-' ,- I - '-"'--' _ ,,',"'_ "._' ~.. ~ _, _ ~.. At';\! [Qru9lUr' '1\\ '.11 f"'! n) n I - Ij, L-'''' II ,_w; -- 1\'1 ~l NOV 0'7 200'1 I~ McNees Wallace & Nurick LLC .----------------------~ attorneys at law DANA STEVENS SCADUTO DIRECT DIAL: (717) 237-5281 E.MAIL ADDRESS: DSCADUTO@MWN,COM November 6, 2001 John A. Abom, Esquire Abom & Kutulakis 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Re: Andrew Theodorakis Dear Mr. Abom: We serve as counsel to Dickinson College. Your letter dated November 2, 2001 addressed to Associate Dean Susan Nichols requesting the cooperation of the College in effecting the withdrawal of Andrew Theodorakis was forwarded to us for response. As a result of the events which occurred on October 30, 2001, your client has been charged with several violations of the Dickinson College Code of Conduct. Until these charges are addressed through the College's Disciplinary System, your client's request to withdraw will not be processed. Mr. Theodorakis will be contacted by the College in the near future regarding the resolution procedure. If you have any questions, please do not hesitate to contact me. Very truly yours, McNEES WALLACE & NURICK LLC ~~~ By Dana Stevens Scaduto c: Joyce A. Bylander, Dean of Students Robert J. Massa, Vice President Enrollment, Student Life and College Relations PO Box 1166 . 100 PINE STREET' HARRISBURG, PA 17108-1166 . TEL: 717.232.8000' FAX: 717.237.5300' WWW.MWN.COM COLUMBUS. OH . HAZLETON, PA . WASHINGTON, DC "~,""<i..;g.-_'r,""";.~~ ",,=M__~ - '-""-~ ',-! -r1"':' ,~" ~ "'--," -, - ~~ . , e, " , EXHIBIT E I",,,,WW""""'''''', """", '" ". I ,',:,-, ,-,,-,- ,,--,-, ,-'" . FROM FAX NO. OFFICE OF THE DEAN OF STUDENTS Nov. 10 2001 03:09PM P2 Andrew Theodorakis 19 Shore Oaks Drive Stony Brook, NY 11790 November 8, 2001 Dear Andrew: As stated in the letter dated November t, 2001, the College has received a complaint about an incident in which you were involved which, if substantiated through our Disciplinary System, constitutes a violation of the Code of Conduct. Specifically you are charged with the following offenses: violations oflaw, dishonesty and deception, disorderly conduct, firearms and explosives and harassment and physical harm provisions of the Code of Conduct for an incident which was discovered on October 30, 2001. On this date two envelopes were found in the Student Mailroom that contained threatening messages and a powdery substance pwported to be anthrax. It is alleged that you were responsible for sending these envelopes through the Student Mailroom. . . '. , .. . ..n . The f&l1o'WirigT~tiie definition ofthe Code of Conduct provision(s) cited above; Violations ofldW:. Violations of any federal, state, or local law is also a violaiion of the Code of Conduct. Dishonesty and deception: Withholding relevant information from any College official under circumstances when it is reasonable to expect a student to offer information. e~en if not specifically requested. Disorderly conduct: Conduct which calL~es a public alann, annoyance, disruption or hazard On 'College premi:,'es' or at a College-sponsonuJ;,or CuUege,supervi.s'edjUnclion: 'Such <<cliO/ilies also include, but ate not limited to, conduct which is intended to or resulis in the 'disruption' or' obstruction of teaching, research, administration, disciplinary proceedings, or other College activities, on or offcampus, or which prevents or obstructs College personnelfrom performing their duties. Firearms and explosives: Possession or use of explosives, fireanns, other weapons (including. but not limited to, airpistols and air rifles), dangerous chemicals. or objects intended to be perceived as explosiveS, firearms, weapons or chemicals, in or upon College,owned or C(Jllege,..~upervised property. Violations under this section also include the irresponsible possession or careless and dangerous use of any other object in such a way tis',to threaten Qr ~~q~ger any person or property. , ,. Dickinson College P.O, Box '773 Carlisle, PeI,nsylvania 17013.2896 'OONE 717"45'1639 FAX 717'145.,899 WED www.dickinson,edu Thl: first college chartered in th~ newly rl'Cllgnized natitm Sf1>wmber 9, J78.1 "\'c'?';;~~r'!,,--,o-"':"ffi>_ ~ ---I ,. Harassment and physical harm; Causing physical h'lrm to another person. 'III well as threatening, intimidating, harassing, coercing or engaging!/! any other form of conduct which threatells or endangers the physical, emotiollal olldlor psychological health or saf6ly of any person or which ,'esults ill harm to O'IY perso" Or which is intended to provoke violence by another, A hearing board has been scheduled for you on Thursday, November 15, 2001 at 6:00 p.m. The hearing will take place in the Mary Dickinson Room, which is located on the upper' level oCthe HUB next to the front entrance. Please refer to the Code of COllduCI and Disciplinary System brochure for details about the hearing process, You are required to attend the hearing. Tfyou miss the hearing for any reason other than an em~''l"f:lency the hellring may be held in your absence. rr you would like to request having your hearing rescheduled, you must contact Krista Barrick, Assistant to the Discipline Syst~m,Adminjslrator,.at least 48 hours in advance of the he!lring. Tfyou will be presenting any witnesses at the hearing, submit a list of your witnesses along with their phone numbers at least 48 hours in advance of the hearing. It is your responsibility to notify your witnesses and have them present at the hearing. You have the right to see a list of witnesses who will.be testifying 24 hours in advance of the hearing and you may contact our office if you wish to do so. You may be assisted Wough the hearing process by an adviser. Please refer to page 15 of the Code ofCond!lct for more information about advisers. If you have any questions about the process or this letter you may contact Krista Barrick at (717)245-1676. Sincerely, a. Cc: Case #287 Dana Scaduto, Attorney Paul Darlington, Director of Public Safety Dr. R.obert Massa. Vice President Dr. William Durden, President ld Wd8v:60 100c Lc "^ON 'ON XCI.:! WO~.:! ?:?:''''''''''",''\''''''','!!....'''l''''~\___, T- ,~:- '_ ' -. - "'"~I L'" , , " EXHIBIT F '-]Y4:,"'<"'"','.,,,,,,,,,,,,,'W',;:, ,__.1 .'_,n__.""., _":":~_'_'~_,__ _ 'I ", _ ",_. _" '_ . , _ ___', __ , , " " . COid"e of Con!d1uct & O. .....I.S. 'c" '1.i'.p'!lil.;:...'..~ry" S.y-t.. ,..e, Jm. . ! ~(f~,~,_ ~ '--,>';:j i\ :. J ,.', J-!."('.1.~i " , ."-" '):"fIII\ :,':i "~- -; , '~...~.. \ 20:01-20102 '_,',~i\\;<!'~-_"""''"~'''_';' _ _ _ ~ _ _ -._ _,~17.1!f,.,~ ,- " I '." I . ,~ , , TABLE OF CONTENTS STATEMENT OF PRINCIPLES Mission For Student Life .......................................................................4 Student Rights And Responsibilities ...................................,..........,...... 5 Education And Prevention ......,...................,............................,.,........... 5 STUDENT CODE OF CONDUCT Academic Conduct.... .......................................... .........,........... ...... ...... 7 Cheating.... ........... ....... ....... ....... ........................... ............. .......... ..... ...... 7 Plagiarism .................... ................ ................... .....,............ ........ ........,....7 . Social Conduct................,...........................................,......................... 8 Attempting or Assisting Code Violations .............................................. 8 Alcohol... ..... ............. ..... ..... ................. ...... ............. ............... ...... ..........8 Computer-Related Violations .................................................,.............. 8 Damage to Property ................................................................,.............. 8 Interference or Non-Compliance with Disciplinary Procedures............ 9 Dishonesty and Deception ..................................................................... 9 Disorderly Conduct................................................................................ 9 Drugs.. ................ .......... ,... ........... ........ ...............................,........,.......... 9 Failure to Comply ................................................................................10 Firearms and Explosives...................................................................... 1 0 Hazing... ................. ............. ............... .................. .................. .... ......,... 11 Harassrnent and Physical Harm ...........................................................11 Intolerance ...........................................,..............,................................ 11 Theft and/or Possession of Stolen Property ......................................... 11 Trespass.............................,........... ...... ...... ... ........................................ 12 Violations of Law ................................................................................12 Sexual Assault...... ............. .... ... ... .............. ,....... .....................,.... .... ..... 12 Sexual Harassrnent..........,.........................,.......................................... 12 DISCIPLINARY SYSTEM Authority ...................,................................................,....................... 14 Definitions.............................,............,..,.................................,.....,..... 14 Student....,.......................................................................................,.... 14 Faculty Member..................................................................... 14 .............. Mernber ofthe College Community ....................................................14 College Prernises............................,............................. 14 ........................ Respondent....................................,...................,......... 14 ........................ Complainant..................... ........ ............................... ... . 14 . ........................ "i\'~.::'1''''','~,~<- .',"","''"'';'''''''''"''l;"-''''''-ij t~_, _~,^ , _,~ , ' Parties..................,..................................,......,..................................... .14 Hearing Officer .............................................................................. ......15 Hearing Board ...................................,..................................... .............15 Hearing Panel.. ............................................................... 15 Appeals Board .......................................................................... .........,..15 Advisor ....... ................... ...............,. ................... ............. .............,....... .15 Procedures............ ............,. .............. ..................... ....' ............ ........... ..16 Filing a Complaint.........................,......................................., ..............16 Resolving a Complaint ................................................................. ........16 Hearing Bodies... ............. ............ ....... ........... ....................... ............. ..18 Formal Resolution ..............................................,........................,........18 Hearings before Hearing Officers or Hearing Boarda....H~m..............18 Hearing Boards...,..................,..............................................................20 Composition, ,.. ... ...... ................... ........ ...."........ ...,.. ......... .......... ,..... ....20 Responsibilities of Chairperson....... .................... ................ ............. .., .21 Responsibilities of Disciplinary System Administrator .......................21 Responsibilities of Board Mernbers .....................................................21 Conduct of Board Members. . .. . .. .. . . .. . .. .. . . . . . .. .. .. .. . .. . .. . .. . .. . . . . ..22 Hearing Panels. . .. . . . . . . . .. . .. . . . .. . . . .. . . . . . .. .. .. .. .. .. .. .. . . . .. .. . . .. . .. . .. .22 Composition........................................................................................ .22 Responsibilities of Panel Members ....................................................,.22 Conduct of Panel Members.. .. ... .... ...... . .. .... . .. . . . ... .. . .. . . .... . . . ...22 Order of Hearings...............................,...........,... ~................................ .22 Disciplinary Sanctions..........,...........,....................,........................... .24 For Violations of the Acadernic Code..................................................24 Warning ................. ...... ............. ..... ......' .... ,.. .... ........ ....... ..,... ........ ".... ..25 Required Withdrawal and Penalty Grade "F" .....................................25 Suspension............................................................,............................ .. .25 Expulsion............,.................. ..,......... ............. ...... ............................. ...25 Revocation an/or Withholding of diplorna...........................................25 For Violations of the Social Code ........................................................25 Fines, Restitution and Other Remedies .....,..........................................26. Warning ..,..... ............ ............. ......."......,.... .... ,....... ........... .......... ......... .26 Conduct Probation.................,.....................,....................................... .26 Parental Notification.... ....... ,. '" . " . ... ... ..... . .. ". ..... . . ... . . .... .. " 27 Stayed Suspension.. ...................,................................,....................... 27 Suspension........................................ ~..,.......,...............,............ ........... .28 Expulsion................... ..... ................................................................ ..... .28 Revocation anJor Withholding of diploma.............,.............................28 2 ~ 1 '"' '-"" " ". , <', _:-'n",.i:'h'--""("'>"""'~"'I>ll~,,_ _~, _ '.__ , ' Implementation Of Sanctions ............ ,.............................................. 28 When Sanctions Go Into Effect ...........................................................28 Interim Suspensions ............ ............ ....... ...... ................. ..... ..................29 Appeals... .:.. ...... ................... ........... ......" ..... ............ ............... ......... ....29 How to & Grounds for Appeal............................................................ 29 Appeals Board...., ............. ........ ....... ......"................. ...., .......................30 Expulsion Appeals ............................................................................... 32 Records of Disciplinary Action......................................................... 33 Miscellaneous Provisions .........,....... ..... ....... .......... ..................... .... ...33 3 I' . , -~ oA <-f"-"^""'-"""- ~ .~. . '1 STATEMENT OF PRINCIPLES Citizen-Leaders - A defining characteristic of members of the Dickinson College community. To prepare our students to be active, engaged citizens of the world and to educate them for positions of leadership in their communities, nation, and around the globe is a strategic objective of this College. Dickin- son's definition of citizenship, drawnfrom the College's roots in the American Revolutionary era, centers on using its own community to in- still habits of independence (as formed by the interplay of freedom and responsibility), selfgovernance, respectfor and service to ideals greater than the individual self, and recognition that liberal education advances citizenship and substantive professional and personal contri- butions to society. (Dickinson College, Strategic Plan 2000) Mission and Vision for Student Life The mission of the Student Life departments at Dickinson College is to enhance the educational objectives of the College by creating and deliv- ering programs and services that encourage and support a scholarly life. We seek to create a culture of commitment among our students that pro- vides important skills for both leaders and followers, Activities and programs in Student Life should promote personal involvernent and cormection within the student body, between students and faculty and between students and administrators. Our goals include helping stu- dents see beyond thernselves to the needs of their families, their com- munities and their nation. We must teach, model and expect civility and respect for self and others and affirm the diversity of persons, ideas and circumstances. We also teach self-discipline and respect. We en- courage habits of health and well-being that will enhance student par- ticipation in this community and we discourage actions and activities that jeopardize the safety and well being of individuals and the commu- nity. Dickinson College has been historically and traditionally a four year residential college. We are committed to this model because we believe that the caring, challenge, support and growth that is possible in this in- timate setting remains one of the finest laboratories for practicing citi- zenship, We recommit ourselves to the goals and values of a residential community founded for the purpose of training citizen-leaders. In any community, individual liberty must sometirnes be ternpered by 4 "'I""" ..,.,;. '-'-,.-' "1 -"""- " respect for the common good. This does not imply that rnembers of this community must always seek to avoid conflict. Quite the contrary, our commitment to each other requires that we will challenge each other on issues of principle and importance to us. We will listen to ideas con- trary to our own and critically weigh diverse opinions. Student Rights and Responsibilities College students are both rnembers of the acadernic community and citizens. As citizens, students should enjoy the same freedom of speech, peaceable assembly, and right of petition that other citizens en- joy. The College shall not inhibit such intellectual and personal devel- oprnent of students as may be prompted by their exercise of these rights both on and off campus. Our Student Code of Conduct provides an outline of behaviors which interfere with the pursuit of acadernic excellence and the qualities of engaged community that we seek to support. Through this Code we seek to educate students so that they understand their personal freedorns and their responsibilities in belonging to and living in a diverse aca- dernic community. The standards in the Dickinson College Student Code of Conduct have been established to support and protect the edu- cational purpose of this institution, to provide for the orderly conduct of its activities, to protect the victims of violations of this Code, and to safeguard the interests ofthe College community. Our disciplinary pro- cedures are considered an irnportant part of our educational process. Members of this community freely associate themselves with Dickinson College and in so doing affirm their comrnitment to a shared philoso- phy, All students admitted to Dickinson College should understand the responsibility placed upon them by membership in this community and should be farniliar with the provisions of this code and your rights and responsibilities as a member of the Dickinson Cornmunity. Education and Prevention The prevention of behavior that violates these standards and the estab- lishment of effective procedures with due concern for all parties require thoughtful educational programming. To that end the College will: Provide resources and time for the education and prevention of conduct that violates the standards set forth in this Code of Con- duct and other Dickinson College policies. The College will pro- vide to mernbers of the professional staff of Student Life, faculty, and other administrators information regarding students rights 5 '\",C,o"Y'M_"""~_:;;~, .. - 'I .It , ~ , .~.".= ~~! l' - -""""-'~ ."'-. ,'- '.-, - and responsibilities under this code, how complaints are filed, quarterly sumrnaries of cases, and sources of support and infor, rnation for victims and respondents. Provide training programs and information to residential advisors, those who rneet students in crises situations, and others serving in an advising capacity to students. 6 ',-",",'\1fP_'''I''-'"'-~''''''~~~1;', ~ " ~~ ,.....,..",~"" ,~~~~ "' ---'!i_"~"""Wl":="1Io!' .1 I. <. STUDENT CODE OF CONDUCT I. Academic Conduct Students are expected to do their own work. Work subrnitted in ful- fillrnent of academic assignrnents and provided on examinations is expected to be original, by the student submitting it, and for the course. Collaboration must be noted in writing and requires the consent of the instructor. Normally a paper may be submitted in fulfillment of an assignment in only one course. Exceptions require permission from the instructors. Violations of the Academic Code include: A. Cheating. Cheating involves deception or the provision or re- ceipt of unauthorized assistance. Students are expected neither to receive nor to provide unauthorized assistance with academic work. Cheating may take rnany forms. The examples below are illustrative: 1. The use of notes or other unauthorized materials in exami- nations. 2. Copying frorn another person's answers. 3. Obtaining and using a copy of the examination or answers to an examination without the knowledge of the instructor. 4. Collaborating on assignments or examinations unless such collaboration has been permitted. 5. Referring to and using prohibited materials in the prepara- tion of assignrnents or the taking of exarninations or quiz- zes. 6. Knowingly assisting another to do any ofthe above or to cheat in a sirnilar manner. B. Plagiarism. Plagiarism is a specific form of cheating, which is defmed as follows; 1. To plagiarize is to use without proper citation or acknowl- edgment the words, ideas, or work of another. Whenever one relies on someone else for phraseology, even for only 7 .~- "I'" ~". ~~ ,- , to': lj !-.i i: ~ i !i " l! :! I 'I Ii 'I " r ~ 'I ;: " " \-! ~i'J"",",;~,'"iN)'.'}''i<,~'''''''''%''''''' = _ ,rr, two or three words, one must acknowledge indebtedness by using quotation marks and giving the source, either in the text or in a footnote. 2. When one borrows facts which are not matters of general knowledge, including all statistics and translations, one must indicate one's indebtedness in the text or footnote. When one borrows an idea or the logic of an argument, one must acknowledge indebtedness either in a footnote or in the text. When in doubt, footnote. (Academic Standards Com- mittee,~ovember, 1965) If a faculty rnernber uses another definition of plagiarisrn, it rnust be provided in the written syllabus for the course. Where no other definition is provided, the definition above will be understood to be in use. NOTE: Normally, a student found guilty of intentionally violating the Academic Code of Conduct will receive a failing grade for the course, and be suspended from the College for one semester. II. Social Conduct Violations of the Social Code of Conduct include: A. Attempting or Assisting Code Violations. Any student who assists another person in committing an act which violates this Code of Conduct or who attempts to commit a violation of this Code shall be considered to have violated this Code to the same extent as if he or she had committed the violation. B. Alcohol. Use, possession, provision or distribution of alcoholic beverages except as expressly permitted by the law and Dickin- son College's policy and procedures, or public intoxication. C. Computer-related Violations. Use of cornputer equipment and/or tirne for unethical, illegal or harmful activities. Please refer to the Computer Usage Policy in the Student Handbook for a full description of our policies related to computer use. Any violation of these policies constitutes a violation of this Code of Conduct. D. Damage to Property. Causing damage to College premises or 8 -",-- . ~ 0"'_ , . J"""'-""" - ,~'" """",,;< ,'- "- I ,,;::,~t--"""""""~"?''''''''_"~",~ l ",_ _ " ."'-- property or causing damage to the premises or property of oth- ers. E. Interference or Non-Compliance with Disciplinary Proce- dures. On official request to appear and/or provide information before one of the duly constituted disciplinary officers or bod- ies of the College, a student must appear and provide truthful information before that officer or body. Violations of this sec- tion also include interference with the discharge of the func- tions of any disciplinary hearing officer or body convened un- der this policy. F. Dishonesty and Deception. fu addition to the forms of aca- demic dishonesty set forth earlier in this Code, all other acts of dishonesty are also violations of this Code of Conduct. The fol- lowing are examples of the types of conduct which are prohib- ited: 1. Furnishing false information to any College official or fac- ulty mernber at any time, including, but not limited to, dur- ing the application and enrollment process, as well as while a student at the College. 2. Withholding relevant information from any College official under circumstances when it is reasonable to expect a stu- dent to offer information, even if not specifically requested, 3. Forging, altering or rnisusing any docurnent, record or in- strurnent of identification. G. Disorderly Conduct. Conduct which causes a public alarm, annoyance, disruption or hazard on College prernises or at a College-sponsored or College-supervised function. Such ac- tivities also include, but are not limited to, conduct which is in- tended to or results in the disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other Col- lege activities, on or off campus, or which prevents or obstructs College personnel frorn performing their duties. H. Drugs. The possession, use, sale, and/or distribution ofnarcot- ics or other con.trolled substances except as expressly permitted by law. 9 1'- '"-. --;-, , ~, ,1If .,. "" """''''C~-,"_''_'' . - : ~,--,g"~--,,;;.-~,,"'^'''''- .~ ., , , , I. Failure to Comply. Failure to cornply with published College policies, residence hall regulations, adrninistrative dispositions, disciplinary sanctions or directions of College officials author- ized and acting pursuant to their prescribed duties. J. Firearms and Explosives. Possession or use of explosives, firearms, other weapons (including, but not lirnited to, air pis- tols and air rifles), dangerous chemicals, or objects intended to be perceived as explosives, firearms, weapons or chemicals, in or upon College-owned or College-supervised property. Viola- tions under this section also include the irresponsible posses- sion or careless and dangerous use of any other object in such a way as to threaten or endanger any person or property, Mernbers of the Dickinson College community, including its students, faculty, staff, adrninistrators and guests dedicate them- selves to prornoting an atmosphere conducive to free discussion. and leaming; nurturing a sense of mutual respect, responsibil- ity, and moral community; and preventing harm to others within the community. To these ends, it is the policy of Dickin- son College that no person may possess or use explosives, fire- arms or other weapons or devices designed to cause bodily harm on property owned or supervised by the College or at College events. This prohibition includes, but is not limited to, the possession or use of handguns, rifles, shotguns, ammuni- tion, knives over 6 inches in length (other than those possessed for, and used in, food preparation), gas or spring powered pellet or BB guns, paint guns, slingshot devices, and firecrackers/ fireworks. This prohibition also includes, but is not limited to, the irresponsible possession or careless and dangerous use of any other object or substance in such a way as to threaten or en'danger the safety of any person or property. Further, the discharge of any weapon on the Dickinson campus, or in the Borough of Carlisle, is illegal and poses an obvious threat to the lives and safety of mernbers of the campus com- munity, and the greater Carlisle community, as well. The only exception to the prohibition on the possession of weapons is for properly appointed law enforcement personnel who are performing their professional duties and are acting in 10 ~, ,--' . ,'" ~ , ..= ~.'=""-'",,_ -"-'c --, -" ,-'~ '''''''If;'':".,,,.,-->,,-~ . ~_ d " the course and scope of their employment. Weapons and ammunition used for hunting or sporting pur- poses rnust be logged and stored at the Dickinson College De- partment of Public Safety, 162 Dickinson Ave, Carlisle, PA, and must be taken home at the end of the academic year. Any weapon not retrieved by its owner, and any weapons confis- cated by Public Safety plirsuant to this policy will not be returned and will be destroyed. K. Hazing. An act which endangers or has the potential for en- dangering the mental or physical health or safety of a student or others, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued rnembership in, a group or organi- zation, including athletic teams. Any violation of the Pennsyl- vania anti-hazing law or the College's Hazing Policy shall also be considered a violation ofthis section. L. Harassment and Physical Harm. Causing physical harm to another person, as well as threatening, intimidating, harassing, coercing or engaging in any other form of conduct which threatens or endangers the physical, emotional and/or psycho- logical health or safety of any person or which results in harm to any person or which is intended to provoke violence by an- other. M. Intolerance. Any violation of any section of the Code of Con- duct which is motivated by the sex, race, color, religion, sexual orientation, ethnicity or national origin of another person is re- pugnant to the principles of tolerance and respect required for effective learning in an acadernic community and shall enhance the severity of any sanction to be irnposed for a violation of the Code of Conduct. N. Theft and/or Possession of Stolen Property. Theft is the unlawful taking of College property or the property of others, public or private, with the intent to deprive the College or per- son of the property. Possession of stolen property includes tak- ing possession of or receiving such property, knowing it to have been stolen. 11 '. ":"""",,,'~~"'-~'l11 '. - - "' ,~ '.-- -,~ "C'u(-" -~_"'y_'~""_ .--";' ",_,C', - , 1:t'm_9'","."1,~;-,",,,,,,,,,;r\<1"!llj'I_. 'WI .'- O. Trespass. Trespass is the entry or the atternpt to enter any Col- lege facility without lawful authority or, except with such au- thority, against the will of the occupant or the individual in charge of the facility. Trespass also includes, but is not lirnited to, the unauthorized possession, duplication, or use of keys or other entry control systerns to gain access to any College build- ing or facility. P. Violations of Law. Violation of any federal, state, or local law is also a violation of this Code of Conduct. Q. Sexual Assault. Sexual Assault is defined by Dickinson Col- lege as threats of, or deliberate physical contact of a sexual na- ture which is against another person's will or without consent. Examples of such behavior include, but are not limited to, the following: 1. Physical contact of a lewd type, including brushing, touch- ing, grabbing, pinching, patting, hugging, and kissing. 2. Deliberate or reckless threats, actual or implied, of physical contact of a sexual nature that result in reasonable appre- hension of a sexual assault or physical harm. 3. Coerced sexual activity, which in the most severe occur- rence, is rnanifested by any form of sexual penetration when it was not reasonable for the perpetrator to believe the victirn had freely given affirmative consent to the act. Any sexual contact with a person who is incapacitated, suf- fers from an irnpairment, either mental or physical, includ- ing being asleep, unconscious or under the influence of al- cohol or drugs, is presumed to be nonconsensual, and there- fore coerced sexual activity. R. Sexual Harassment. Sexual Harassrnent of a student by an- other student is defined by unwanted sexual attention, unwel- come sexual advances, or intirnidating, unwanted or unwelcorne verbal or physical conduct of a sexual nature. Any form of con- duct that has the purpose or effect of interfering with a student's 12 '--I' - -," ~-.. ~ " - -~~ "'T'T'"' -'~ . :;'nf.'~""",;,,,,,.r""="'If>"l"\_IT~ " academic performance or access to College programs or facili- ties or which creates an intimidating or hostile learning or living environment is also sexual harassrnent. Please rnake yourselffamiliar with the full sexual harassrnent pol- policy which can be found on the Dickinson College Web site at www.dickinson.edu/hrservices/ or a brochure may be picked up from the Office of Hurnan Resources, Dean of Students Office or the Residential Life Office. S. Residency Policy. Dickinson College has a four year residency policy. All students are required to live on campus each year unless they are excused by the College from this requirement. Students who live off-carnpus without permission are subject to penalties under the Code of Conduct. Any student found to be living off-campus illegally who comes to our attention through the police or the Department of Public Safety may be subject to more severe sanctions (up to suspen- sion) for their violations. 13 "1- '-I'- ,"" ...,...,..,- ~ t"l'r'-'"<~'W-. '''.fU ..... .. DISCIPLINARY SYSTEM Authority The Disciplinary Systern of the College is vested in the President and the faculty and they shall be held responsible for the proper exercise thereof. [Charter and Bylaws of Dickinson College, Chapter N, Sec- tion 2(a)] This responsibility is delegated to individuals and organiza- tions within the College, under the purview of the Dean of the College in cases of academic conduct, and the Vice President for Emollment and Student Life in cases of social conduct. Definitions I. The term "student" includes all persons taking courses at the Col- lege. Persons who are not officially emolled for a particular term but who have a continuing relationship with the College are consid- ered "students". II. The term "faculty rnember" means any person hired by the College to conduct educational activities. III. The term "member of the College community" includes any person who is a student, faculty mernber, College administrator or official or any other person employed by the College. A person's status in a particular situation shall be determined by the Dean of the College or the Dean of Students. IV. The term "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, leased or controlled by the College (including adjacent streets and side- walks). V. The term "respondent" rneans any person or group accused of a vio- lation of the Dickinson College Code of Conduct. VI. The term "cornplainant" means any member of the College commu- nity who accuses a person or organization ofa violation of the Dickinson College Code of Conduct. VII.The term "parties" means the complainant and respondent. 14 """,;;AA"'~"""""-<' I. , , ,,~ ~~ ~.- - . '" "'~,,,,""~""'" ,,,.,,,,,,,,,-<.,,,,,,,,,,,,.,,~~,,,,."~~,. " .,~~ VIII.The term "hearing officer" rneans and refers to a College employee serving as a decision-maker on the truth of accusations made under the Code of Conduct. The Discipline System Administrator may serve as a hearing officer. The hearing officer is authorized to irn- pose disciplinary sanctions as outlined in the Disciplinary Systern procedures when accusations are found to be true. The powers of the hearing officer are delegated by the President of the College, through the Dean of the College in cases involving academic con- duct, and through the Dean of Students in cases of social conduct. Hearing officers may also serve as chairpersons for hearing boards. IX. The term "hearing board" means and refers to a five-rnernber panel serving as thedecision-rnaking body on the truth of accusations rnade under the Code. The hearing board is also authorized to irn- pose disciplinary sanctions as outlined in the Disciplinary System procedures when accusations are found to be true; The powers of the hearing board are delegated by the President of the College, through the Dean of the College in cases involving academic con- duct, and through the Dean of Students in cases of social conduct. X. The term "hearing panel" means and refers to a three-member panel of administrative hearing officers serving as the decision-rnaking body on the truth of accusations made under the Code of Conduct involving violations ofthe sexual assault or sexual harassment provisions. The hearing panel is also authorized to irnpose disci- plinary sanctions as outlined in the Disciplinary Systern procedures when accusations are found to be true. XI. For purposes of enforcing the Code of Conduct, an "Appeals Board" rneans and refers to a three-member panel. XII. An "advisor" is a student, facility rnember or staff member of Dickinson College appointed by a complainant or respondent to as- sist in the preparation and/or presentation of a matter before a hear- ing officer, hearing board or hearing panel. No advisor rnay have a law degree or be admitted to practice law in any jurisdiction. Be- cause hearings held under the Code of Conduct Disciplinary Sys- tem are not legal proceedings, an advisor may not address the hear- ing officer(s), hearing board, or any other party or witness during the hearing. An advisor may confer only with the individual or or- ganization he or she is advising. Dickinson College rnaintains a list of students, faculty members and staff members who have served as 15 ~r~'''''''''''-'~ - ~ ~ ,1-" , IIIII<l "--- ~ ~ '" .~_ 1F'Ti' ~ir'''"~"V'' ,--",-- ; ~';"-'''''''''''''-''''"",,~'.~'''~~ -J, ",'. _." __ advisors in the past. Procedures I. Filing a Complaint. Any member of the College community may file a complaint against any student or student organization for al- leged misconduct. A complaint asserting a violation of the Code of Conduct shall be submitted in writing to the Disciplinary System Administrator ("DSA"). The staternent must contain the name of the person or organization alleged to be responsible, the basic facts or circumstances of the Code of Conduct violation, and when the violation occurred. Any cornplaint should be submitted as soon as possible after the event takes place, usually within 72 hours. II. Resolving a Complaint. Upon receiving a complaint from a mem- ber of the College community alleging a violation of the Code of Conduct, the DSA or his/her designee shall: A. Conduct a prelirninary investigation of the facts presented in the complaint to determine if the charges have merit. B. After an initial determination has been made that the cornplaint has merit, if the complainant is the College, the DSA or his/her designee may: 1. Notify the respondent of the alleged rnisconduct and ex- plain the respondent's options in resolving the complaint, and, if appropriate under this policy: 2. Proceed with adrninistrative disposition, with the consent of the respondent, or 3. Refer the cornplaint to another entity (i.e. Residence Hall Council, Greek Peer Review Board, or other College offi- cial) for disposition. C. If the DSA or his/her designee resolves the cornplaint adminis- tratively, he/she rnay: 1. After communicating with the student or organization, reach an agreernent with the student or organization regard- ing responsibility for rnisconduct and irnpose a sanction, or 16 . T....~ ~~, ~ 1" ,..~,* --!~ ',~,"", ~,., ,. , ,> 2. If no agreernent regarding responsibility can be reached, refer the matter for disposition before either a hearing offi- cer, hearing board or hearing panel, or 3. After meeting with the student or organization, determine that the student/organization is not responsible for the mis- conduct alleged and end all proceedings under the Code of Conduct. D. Administrative disposition of any complaint is final and there shall be no subsequent proceedings, such as further hearings or appeal. E. After an initial determination has been made that a cornplaint has merit, for those cornplaints which are not resolved adminis- tratively or by referral to another entity, the rnatter shall pro- ceed to a hearing. The DSA shall refer the case to either a hear- ing officer, hearing board or hearing panel. In all such cases, the DSA or his/her designee shall: " , 1. Advise and notify both the complainant and respondent( s) of all allegations presented by providing each of thern with a plain, concise, written staternent of the allegations ofvio- lations of the Code of Conduct, their respective rights, in- cluding the availability of various hearing forums. 2. Set a time and place for the hearing and provide reasonable notice to the parties, usually at least 72 hours prior to the hearing. 3. Notify the hearing officer(s) or hearing board members of the time and place of the hearing. 4. Receive and notify each party of statements, exhibits, re- cords and names of witnesses, if any, submitted by either party and make them available for review by both parties not less than 24 hours before the hearing. 5, Act as secretary and process facilitator at any case held be- fore a hearing board. 17 .-;",,~""'~~~~'W._~~rn'*'ll Hr '" . ,."..,~. _>.=",,_~,1\!ffll!!'i'J!F' f""'~--"~' '''~- ~ - _,'-jiW'c:;;",'J'1"O"_~'''\1i';',,",,- ,~ _~,~~"_. Hearing Bodies When a student or student organization has been accused of a Code of Conduct violation and said violation has not been resolved through a mutually agreed upon administrative procedure the following options are available to address the charge(s). I. Formal Resolution A. Hearings before Hearing Officers, Hearing Boards or Hearing Panels. Where a complaint is not resolved administratively, complaints of violations of the Code of Conduct will be re- solved through a hearing conducted by either a hearing officer, a hearing board, or a hearing panel. The student or organiza- tion accused of the violation(s) shall have the oppoIluuityto discuss the choice of hearing body with the DSA or his/her des- ignee before the hearing is convened. All hearings, whether before a hearing officer or a hearing board, shall be conducted as follows: I. Unless otherwise provided by these procedures, the com- plainant, respondent, hearing officer(s), and/or hearing board shall submit to the DSA or his/her designee a list of the names of all witnesses whom they will present no less than 48 hours (excluding weekends and College holidays) prior to the hearing. The DSA or his/her designee shall make this information available for review, upon request, by the parties and the hearing officer at least 24 hours prior to the hearing. 2. The hearing normally shall be conducted in private, with only those having a direct role in the hearing permitted to attend. All information shared at the hearing, as well as the outcome of the hearing, shall be treated with confidence by all persons in attendance. 3. The hearing officer or the chairperson of the hearing board/ panel shall advise each person present at the hearing and/or addressing the hearing officer, board or panel of their obli- gation to speak truthfully and candidly, to offer only rele- vant information and to maintain the confidential nature of the hearing process. 18 I .~, "<-,1'- , ' .~,"""""" aTj""'k'> ~-".~ !-. I l" , I;: .j~#l'e+;:"'Ii<jf<"..,,,,;ii_^, _"'~""!:'_" "~ 4. Both the complainant and respondent have the right to be assisted at the hearing by an advisor. 5. The complainant, the respondent and the hearing officer, hearing board or hearing panel shall have the privilege of presenting witnesses, unless otherwise provided by these procedures. A signed written statement may be submitted only when a witness is unavailable to attend the hearing. 6. Both parties may raise and respond to relevant questions asked by the other, the hearing officer(s) or the mernbers of the hearing board and make any relevant statements. It is the function of the chair or hearing officer to determine relevancy of questions asked. 7. The determination of the hearing officer, the hearing board or hearing panel shall be made on the basis of whether it is more likely than not that the respondent violated the Code of Conduct. 8. There shall be a single record of all hearings before either a hearing officer, a hearing board or a hearing panel. The re- cord shall be the property of Dickinson College. The writ- ten record of proceedings under the disciplinary system shall include: a. The letter communicating the charges and advising the complainant and respondent of their respective rights b. The names of all individuals and organizations, includ- ing the complainant and respondent, witnesses, the names of the hearing officer, the rnembers of any hear- ing board or hearing panel; c. Copies of any records, exhibits or written statements accepted for consideration by the hearing officer, the hearing board or the hearing panel; d. A summary of the facts based upon the information, records, exhibits and written staternents presented; and e. The hearing results, including the sanction imposed. 19 I ...".~ ,-.' - ~-""'-" ~,--^."~ "~~~ -;{jif't,"^'i~',.",!""I~"'~~~~ ~N ~ ~ _. ~ """.."",, "' f. The complete hearing of each case, except for deliberations of any hearing board, shall be recorded on audiotape by the College. All suchtecordings are the property of Dickinson College and shall be destroyed upon expiration of the appeals period or, if the case is appealed, upon completion of the appeal process. g. All decisions shall be announced to both parties at the tirne of the hearing and conveyed in writing to the respondent and the complainant within three (3) working days of a decision being reached or as soon thereafter as reasonably possible. h. Sanctions will take effect no later than 72 hours after the decision has been rnade unless an Intent to Appeal form has been completed and subrnitted to the DSA or his/her designee within 72 hours after the case has been heard and an appeal is then filed. 1. Unless otherwise excused, if the respondent fails to ap- pear at a scheduled hearing, except in an ernergency, the case rnay be heard without the respondent's partici- pation. Unless otherwise excused, if the complainant fails to appear at the scheduled hearing, except in an ernergency, the case may be dismissed by the hearing officer, the hearing board or the hearing panel. The facts of the case rnust be considered in the absence of the respondent and the decision rnust be reached based upon the standard of proof in all discipline cases, 8. If you would like to request having your hearing resched- uled, you must contact the DSA's office at least 48 hours prior to the scheduled hearing tirne. II. Hearing Boards A. Composition. Each Hearing Board is composed of five mem- bers: two students, two members of the faculty, and one chair- person. The chairperson shall be appointed by the DSA, in consultation with the Dean of the College in situations alleging acadernic violations, or the Dean of Students in situations alleg- 20 I""" ." ,~ -- ""'.....1 ,7_'""'" "~ - ",.,.,,-.- , ing social violations and shall be an individual who has not been involved in the case, Faculty are selected from a pool of 6 faculty elected at a faculty meeting and who have undergone training to serve as hearing board mernbers. Students are selected from a pool of 12 stu- dents who are appointed by the Student Senate and who have undergone training to serve as hearing board mernbers. B. Responsibilities of the Chairperson. The chairperson of a hear- ing board shall not vote on the determination of responsibility for rnisconduct unless there is a tie. The chairperson votes in all cases on the determination of sanctions. It shall be the chairperson's responsibility to conduct the hearing, maintain order and assure that the procedures outlined in the Disciplinary Systern are followed. The chairperson shall preside at hearings, apprise all persons appearing or participating in the hearing of the requirement for providing truthful, candid, relevant information and maintain- ing confidentiality. The chairperson shall also determine which questions posed by the parties are relevant and should be asked. He or she shall also rule on procedural questions raised by the parties and all rulings shall be governed by the principle of pro- viding a fair hearing for all parties. The chairperson may also require the removal from the hearing of any person who creates a disturbance. C. Responsibilities of the DSA. The DSA shall serve the Hearing Board as secretary and process facilitator and will be bound by the same rules of confidentiality as board members. He or she shall create the record of the disciplinary hearing, subject to its approval by the hearing board chair after review. D. Responsibilities of Members of the Board. Each member of a hearing board shall listen to and consider all relevant informa- tion presented to it. Each member has the right to ask questions of any party or witness appearing before it. Members of the board shall participate in deliberations of the board and each member's vote shall count equally in establishing the rnajority necessary to establish the truth of the matters before it. 21 *''?-i''''W:~<;F,:;,~""q'1~~'",,~~,__. I- :-' ~-- ~',",J ~'C"" i n ~~~ "~=.~~ E. Conduct of Board Members. No member of a hearing board shall discuss the merits and substance of a case with any person who is not a member of the board. Any member ofthe board shall disqualifY himself or herself in a particular case if for any reason he or she carmot maintain impartiality. Any member of a hearing board, including the chair, who, in the judgment of two or more rnernbers of the board, is unable to maintain impar- tiality shall be removed by the chair or the Dean of Students. No member shall disclose to anyone other than members of the board the degree of harmony or unanirnity of the board, or the opinions or votes of any mernber of the board. m. Hearing Panels A. Composition. Each Hearing Panel is composed of three hearing officers. The hearing officers shall be appointed by the DSA, in consultation with the Dean of the College in situations alleg- ing academic violations, or the Dean of Students in situations alleging social violations and shall be individuals who have not been involved in the case. B. Responsibilities of Mernbers of the Panel. Each member of a hearing panel shall listen to and consider all relevant informa- tion presented to it. Each member has the right to ask questions of any party or witness appearing before it. Members of the panel shall participate in deliberations and each rnember's vote shall count equally in establishing the majority necessary to es- tablish the truth of the matters before it. C. Conduct of Members of the Panel. No mernber ofa hearing panel shall discuss the merits and substance of a case with any person who is not a rnember of the panel. Any mernber of the panel shall disqualifY himself or herself in a particular case if for any reason he or she carmot maintain impartiality. No member shall disclose to anyone other than members of the panel the degree of harmony or unanimity of the panel, or the opinions or votes of any member of the panel. IV. Order for Hearings A. The respondent shall answer the charges previously forwarded by the DSA by indicating whether he/she/it is either 22 .,.,v,~,~'_" '~"''';'"n'''%'''1:>l~~ .., "r I' .-, - ~ ,-".- ~~ .~ -~ ~ I~"",~..~"'!. ~'~~'n'_~ r "responsible" or "not responsible." lfthe respondent answers "responsible", both parties involved may make any relevant statement or introduce any witnesses or information which the hearing officer or hearing board accepts as relevant for the determination of sanctions. The hearing offi- cer, hearing board or hearing panel shall then determine in ex- ecutive session a remedy or sanction appropriate to the offense as outlined below. B. lfthe respondent answers "not responsible," the complainant may introduce relevant witnesses, information, docurnents and/ or written statements as outlined in these procedures. C. The respondent rnay then introduce relevant witnesses, infor- mation, documents and/or written statements as outlined in these procedures. The respondent rnay, but shall not be com- pelled to, testify on his or her own behalf, If a respondent chooses not to offer information on his or her own behalf, the hearing will proceed without the benefit of such information. D. Parties are responsible for rnaking sure their witnesses appear at the appropriate tirne and place of the hearing. E. A written statement of information may be accepted by a hear- ing officer or hearing board in lieu of a witness's appearance only if a witness is unavailable to attend a hearing. The respon- dent will have the opportunity to respond to any and all written statements during the hearing, F. Any witness who has appeared to offer information rnay be re- called for purposes of clarification, subject to questions from the complainant, the respondent, the hearing officer or any rnember of a hearing board. G. The complainant, the respondent, the hearing officer, and the members of a hearing board or panel may directly question wit- nesses present for a hearing and rnay ask procedural questions. Any questions asked rnust be relevant to the issues before the hearing officer, hearing board or hearing panel. Questions of relevancy shall be determined by the hearing officer or chair- person of the hearing board/panel. 23 '"-,I'_~!'1"~cr,,,.ri"~ll'I"fi :;~!!"!#.tjll: I!!'" ?_- " ~,~~'" V~"""-""-""""''W,,"~_, ,_>;"'_. '" H. Both parties may make final statements summarizing their cases, with the cornplainant making a statement first. 1. The hearing officer, hearing board or hearing panel shall then proceed in executive session to deliberate. The decision shall be "responsible" or "not responsible." A simple majority vote of the hearing board or panel finding the respondent "responsible" is necessary for such a motion to prevail. In cases of a tie, the chairperson shall cast the deciding vote. Otherwise, the decision shall be "not responsible." Board rnembers shall base their votes only upon the materials and statements presented at the hearing, which may include the prior disciplinary record of the respondent, if relevant. J, If the respondent is determined to be responsible for a Code of Conduct violation, both parties may rnake statements or intro- duce witnesses or evidence related to sanctioning which the hearing officer(s) or hearing board accepts as relevant. In con- sidering any rernedy or sanction (see below), the hearing officer or hearing board shall take into account both the prior discipli- nary record of the respondent and previous disciplinary system hearing decisions, The decision on discipline shall be made by the hearing officer, hearing board or hearing panel. The deter- mination of sanctions shall be a recommendation to the Dean of the College or the Dean of Students. All members of the hear- ing board or hearing panel, including the chairperson, shall vote on the sanctions to be recommended. A sirnple majority vote of the board or panel is necessary to establish sanctions. K. The hearing officer, hearing board or hearing panel shall then call the cornplainant and respondent to hear the decision, and the hearing shall be adjourned. Disciplinary Sanctions The sanctions which may be irnposed individually or in combination on a student or organization found to have violated the Code of Conduct include, but are not limited to, the following: I. Sanctions for Violations of the Academic Provisions of the Code of Conduct 24 l!\_1 -, -,,""' ....".",'Y -,i,'-,",- 'c ~'". ::''''~~'~-'W""",,,,,-,,o1_''';~' " _ ,,<:10/1 J NOTE: Normally, a student found responsible for intentionally vio- lating the academic code will receive a failing grade for the course, and be suspended from the College for one semester. A. Warning. Written notice to the student that continuation or repetition of conduct found to be in violation of College regula- tions may cause more severe disciplinary action and which may include additional sanctions. B. Required withdrawal from the course with a penalty grade of "F." C. Suspension from the College. A student suspended from the College may not participate in classes or other College activi- ties and rnay not be on College property (except by appoint- ment, arranged in advance with the Dean ofthe College or his . or her designee or the Dean of Students or his or her designee) for a definite period of time as set forth in the notice of suspen- sion. Suspension extending beyond the semester in which ac- tion is taken shall consist of units of full semesters or summer sessions. In no case shall the suspension terminate prior to the end of a semester. D. Expulsion. Permanent termination of student status. E. Revocation and/or withholding of diploma. If a student has graduated from Dickinson College before violations of the Code of Conduct are discovered or before a determination of violations is complete, the College reserves the right to revoke the diploma and/or degree conferred, or to withhold the confer- ring of a degree or diplorna otherwise earned for a specified pe- riod oftirne. II. Sanctions for Violations of the Social Provisions of the Code of Conduct NOTE: A student who endangers the health or safety of any mem- ber of the College community or who engages in repeated or per- sistent Code of Conduct violations or whose actions are motivated by race, sex, religion, ethnicity, sexual orientation or disability, can expect suspension, required withdrawal, or expulsion as the normal 25 '--. ~, "~",'r~' .~,,~~ 'MTh'I!~>W..~'!l,~ . ""-',' ~"IO_ ~- consequence of such acts. A. Fines, Restitution and Other Remedies L Fines. Appropriate to offenses and levied on individuals or organizations. A minimum fine of $25 will be levied. , (Revenues from fines collected will be used for the en- hancement of student life on campus.) 2.- Restitution. Reimbursement for damage to or misappro- priation of property. Reirnbursement may take the form of appropriate service or an assessrnent to repair or otherwise compensate for darnages. 3. Denial of College facility use for a stated period of time. 4. Residence hall relocation. 5, Mandatory attendance at counseling assessment sessions and/or educational serninars and cornpletion of educational papers. 6. Community service. May include work detail, grounds keeping duties, research, service, and other appropriate ac- tivities such as special presentations, such as on fire safety, etc. B. Warning. Written notice to the student or organization that continuation or repetition of conduct found to be in violation of College regulations may cause rnore severe disciplinary action and which may include additional sanctions. C, Conduct Probation. A specified period of tirne requiring rnain- tenance of exernplary conduct. Conduct probation rnay include the following: 1. For the individual, denial of visiting privileges to stated College facilities, or exclusion frorn participation in speci- fied activities of the College and maintenance of exemplary conduct for the period of conduct probation as set forth in the notice of probation. 26 '""'t"" '-"""''"'''- "-"--~-< -- -' '~~~~""'., I 2. For the organizationj exclusion from specified activities sponsored by the orlanization or. the College and rnainte- nance of exemplary onduct for the period of conduct pro- bation set forth in th sanction letter. , I 3, Violations of conduGt probation shall be reviewed by the DSA and shall be referred to a hearing officer for determi- nation and irnpositio of further sanctions. A student or organization accuse of violating the terms of conduct pro- bation shall have the opportunity to address the hearing of- ficer and to answer t e allegations, but shall not be entitled to any of the other p{actices or procedures described in the Disciplinary System! D. Parental Notification. TJile College reserves the right to contact a student's parents according to the Family Educational Rights and Privacy Act, which ~tates that institutions of higher educa- tion are permitted to disqlose to students' parents or legal guardians "information r~garding any violation of any federal, state or 10ca11aw, or of apy rule or policy of the institution, governing the use or posjiession of alcohol or a controlled sub- stance. ..if the student is jrnder the age of21 and the institution determines that the stude~t committed a disciplinary violation with respect to such use or possession." E. Stayed Suspension. 1. Stayed suspension a1~ows individuals to return to classes, however if a violation occurs of any aspect of the Code of Conduct during a definite period of time as set forth in the notice of stayed suspension, the stay on this suspension will be lifted and the susIiension will become effective immedi- ately, in addition to any other sanctions irnposed for the new vio1ation(s). 2. Stayed suspension al10ws organizations to continue to con- duct group-sponsored activities or participate in College- sponsored activities as a group, however if a violation oc- curs of any aspect of the Code of Conduct during a definite period of time as set forth in the notice of stayed suspen- sion, the stay on this suspension will be lifted and the sus- pension will becorne effective immediately, in addition to 27 , -~~^,y,,,~""t'~-'''']",,~r~ ~ ,M_~~~ = ~ - I. ~-, ~,~ ~- ..... .~-"" ,,~ ,\<;'<~-'i,'f;","",;,"",o-,_~~ ~ --,,-,,~~~.-,..~ - any other sanctions imposed for the new violation(s). F. Suspension. 1. For the individual, exclusion from classes, activities of the College, from residence halls, and/or use of facilities or other property of the College for a defmite period of tirne as set forth in the notice of suspension (except by appoint- ment, arranged in advance with the Dean of the College or designee or the Dean of Students or designee). Suspension extending beyond the sernester in which action is taken shall consist of units of full semesters or summer sessions. In no case shall the suspension terminate prior to the end of a semester. Conditions for readmission may be specified. 2. For the organization, removal of the right to conduct group- sponsored activities or to participate in College-sponsored activities as a group for a definite period of time as set forth in the notice of suspension. G. Expulsion. 1, For the individual, permanent termination of student status. 2. For the organization, permanent termination of organiza- tion's status and privileges. H. Revocation and/or withholding of diploma. If a student has graduated from Dickinson College before violations of the Code of Conduct are discovered or before a determination of violations is complete, the College reserves the right to revoke the diploma and/or degree conferred, or to withhold the confer- ring of a degree or diploma otherwise earned for a specified pe- riod of time. I. More than one ofthe sanctions listed above may be imposed any single violation. III. Implementation of Sanctions A. Sanctions shall go into effect no later than 72 hours after a deci- sion has been made unless an Intent to Appeal form has been 28 """", .,~ ,.~. ~,'-J~4 Co,,",,"""", .'-,.'. "- --' =- . completed and submitted to the DSA or his/her designee within 72 hours after the case has been heard and an appeal is then filed. Exceptions: A sanction shall be operative immediately if the hearing officer or hearing board determines that it is neces- sary (a) to ensure the safety and well-being of any member of the Dickinson College community or preservation of Col- lege property; (b) to ensure the student's own physical or emotional safety and well-being; or (c) if the student poses a substantial threat of disruption of or interference with the normal operations of Dickinson College. B. mterirn Suspension. m certain circumstances, the President or his or her designee, may impose an interim suspension prior to a hearing before either a hearing officer, a hearing board or a hearing panel. 1. futerirn suspension maybe irnposed only: (a) to ensure the safety and well-being of any member of the Dickinson Col- lege community or preservation of College property; (b) to ensure the student's own physical or ernotional safety and well-being; or (c) ifthe student poses a substantial threat of disruption of or interference with the normal operations of Dickinson College. 2. During the interim suspension, students shall be denied ac- cess to the campus (including classes) and all other College activities or privileges for which the student might other- wise be eligible, as the President or his or her designee or the disciplinary systern administrator rnay determine to be appropriate. IV. Appeals A. The complainant, respondent or College may appeal the deci- sion reached by a hearing officer, hearing board or hearing panel. Prior to submitting an appeal, an futent to Appeal form must be completed and submitted to the DSA or his/her desig- nee within 72 hours after a case has been heard. A decision reached by a hearing officer, a hearing board or a hearing panel, or a sanction imposed by the relevant disciplinary body may be 29 i-'t~W["-r="''''''''''<'-''~ ". ~",~~ ,r , "~~",, ~i$"',';';""'4~~"f'1 ~ r~""'" appealed within five (5) school days ofthe date of the decision. Such appeals shall be in writing and shall be delivered to the DSA or his/her designee. The appeal shall consist of a plain, concise and complete written statement of the grounds for the appeal. B. The DSA will determine if the written appeal meets the stan- dards set forth for grounds for appeal. Appeals may be based only on the following grounds: 1. Stated procedures were not followed. 2. The sanctions imposed were excessive for the violation. 3. New and relevant evidence, not available at the time of the original hearing, has arisen. C. Appeals Board. The Appeals Board will hear appeals of the decisions made by hearing boards, hearing officers, appeals un- der the Affirmative Action Grievance Procedures, or appeals frorn decisions following cases heard under the Student Re- cords policy. Except in cases of expulsion, Appeals Board de- cisions are final. D. Composition of the Board. The Appeals Board shall consist of three mernbers: 1. Chair. An Associate or Assistant Dean not previously in- volved in the case shall serve as the chair in cases of aca- demic misconduct, student grievances, Affirmative Action and student records appeals. The Dean of Students or his or her designee shall serve as chair in cases of social mis- conduct. 2. Board members. One faculty mernber and one student se- lected from the respective same pools of eligible individu- als from which hearing board members are drawn shall serve as board mernbers. No person who served as a hear- ing officer or mernber of a hearing board or panel in the same case shall serve as an appeal board member. E. Conduct of Members of the Board, It is the duty of any mem- 30 , ""' '__d d~ ,,_~,. 00 _~'._ii.,",.;"1->'" ," ,"_,",,,,""!"1h_=",>,, ,"~ .!!l _ _----=~_'_"""""'=_,.,"-~~~:,:t'1:;;:,~Qt;:?~:~:::~~~~"":3:r1!:~ . ber of the Appeals Board to disqualify himself or herselfiffor any reason he or she is unable to rnaintain irnpartiality. The finding of two members of the board that a third member is un- able to maintain impartiality shall be sufficient to disqualify that member. No member shall disclose to anyone other than other rnernbers of the board the degree ofhannony or unanim- ity of the board or the opinions or votes of any member of the board. F. Procedures. The Appeals Board shall consider the merits of an appeal only on the basis of the infonnation provided in the writ- ten request for appeal, the report ofthe hearing board/panel or hearing officer,and, if deemed necessary, the hearing audio tape recording, G. Decision and Action. Any decision of the Appeals Board shall be made by majority vote. In order to overturn or modify the decision or sanction imposed by the DSA, a hearing officer, a hearing board or a hearing panel, the Appeals Board must be persuaded by clear and persuasive reasons that action is re- quired. The board shall take one of the following actions: 1. Rej ect the appeal if it finds the grounds for appeal unsub- stantiated by clear and persuasive evidence. 2. Reject the appeal if it finds that any procedural irregulari- ties were minor in nature and would not have altered the outcorne of the hearing or the sanctions irnposed. 3. Reduce the imposed or recommended sanctions if they were found to be too severe by clear and persuasive evi- dence. 4. Return the case to the hearing board/panel or the_hearing officer for a rehearing if new and relevant evidence has arisen. In such cases, the same hearing officer or members of the hearing board/panel who originally heard. the case shall reconvene as soon as possible. If an individual hear- ing officer or member of the original board is no longer available, the DSA or his/her designee will appoint another hearing officer or, in the case of the unavailability of one or more hearing board/panel mernbers, the DSA or his/her 31 " """"'1- -~ , ------- designee will select additional board members from the pool. 5. Reverse the decision of the hearing board or hearing officer (s) in cases where substantial procedural impropriety is de- termined to have W1fairly influenced the hearing; or rernand case to a new board for a new hearing with the DSA ap- pointing another hearing officer and selecting other board mernbers from the pool. All cases returned for new hear- ings are appealable. H. Reporting. The decision and rationale of the Appeals Board shall be conveyed in writing by the Appeals Board chair to the complainant and respondent involved and the chair of the hear- ing board, the hearing officer, the DSA, the Affirmative Action Officer, or the Student Records Policy Hearing Officer, as ap- propriate, within three (3) working days, or as soon as reasona- bly possible after the decision is rendered. No remedy or sanc- tion shall go into effect W1til reasonable efforts to fulfill this re- quirement have been taken. 1. Expulsion Appeals. If a sanction of expulsion has been im- posed on any student and the sanction has been appealed and the decision sustained by an Appeals Board, a request for re- view of the sanction may be rnade to the Dean of the College in cases of violation ofthe academic code and to the Vice Presi- dent of Enrollment, Student Life and College Relations in cases of violation of the social code. Such a request must be rnade in . writing within five (5) working days of the date of the Appeals Board decision. The appeal shall consist of a plain, concise, and complete written statement of the grounds for the appeal of the sanction. The Dean of the College or Vice President of Enrollment, Stu- dent Life and College Relations shall consider the rnerits of an appeal only on the basis of the information provided on the written request for appeal, the report of the hearing board or hearing officer, the report of the Appeals Board, and any audio tape recording. If, in his or her judgment. it would be prudent to do so, the Dean of the College or Vice President of Enroll- ment, Student Life and College Relations may also: 32 J;"F- ,'~",~ - ,. '-,' .- - ~ ' - '\'.];;Hl~""'i';;>;:,~::",~~S_ Itr 11'1" ,""__, ? ",--, ....v.=.>".==<',1',.".~~""- -=---J;=~""'''''='''fi't_~=~. , , 1. Meet with the student upon whorn the sanction has been im- posed, and/or 2. Consult with the Dean of the College or the Dean of Stu- dents, or hislher designee, as appropriate. Following consideration of the foregoing information, as in the judgment of the Dean of the College or Vice President of Enroll- ment, Student Life and College Relations is appropriate, the Dean of the College or Vice President of Enrollment, Student Life and College Relations may: 1. Affirm the decision of the Appeals Board; 2. Reduce the imposed sanction if it is found to be too severe by clear and persuasive evidence: In no case shall more than one appeal of the sanction of expul- sion be made to the Dean of the College or the Vice President. The decision of the Dean of the College or Vice President of En- rollment, Student Life and College Relations shall be final. V. Records of Disciplinary Action, All disciplinary sanctions and re- ports shall becorne part of a student's education record retained by the College. Except for disciplinary matters resulting in the sanc- tions of suspension or expulsion, records of disciplinary action are expunged frorn a student's educationrecord following graduation. Except for cases of suspension or expulsion, records of discipli- nary action involving groups is expunged frorn the organization's record after five (5) years. VI. Miscellaneous Provisions A. Pending crirninal charges. Because the goals and objectives of the Code of Conduct differ from those of the civil and criminal justice systems, in factual situations which have given rise to both violations of the Code of Conduct as well as violations of any local, state or federal law, the Dickinson College Discipli- nary System proceedings may move forward without regard to the pendency of civil litigation, crirninal arrest and/or prosecu- tion. Proceedings under the Code of Conduct may be carried out prior to, sirnultaneously with, or following civil or crirnina1 33 , -I ,~- - ", - , -~,~~; proceedings off-campus. On campus adjudication does not preclude or limit a student's access to the state and federal judicial systerns. B. Hearing when classes are not in session. If a hearing needs to be held at or after the end of the semester and a hearing board cannot reasonably be convened, then disciplinary matters which require a hearing will proceed to disposition before a !learing officer or a hearing panel. Any appeal of a hearing officer, hearing board or hearing panel's decision which rnust be heard when classes are not in session, regardless of whether the hearing took place while classes were in session or not, shall be rnade to the Dean of the College in cases of alleged academic violations or to the Dean of Students in cases of alleged social violations. C. Any procedural provision ofthe Disciplinary System rnay be waived by the complainant and/or respondent. D. Misconduct occurring off campus may be subject to adjudica- tion in the College's disciplinary system if it is deemed to ad- versely affect the College community and its principles. E. Evidence of misconduct possessed by students found respon- sible for violating the Code of Conduct (such as alcohol, con- traband, drugs, drug paraphernalia) may be confiscated by College, and not returned. 34 "~ < - -. ~-,-'"-~ EXHIBIT G -"'~"-'''-,'!0W''i''''~ - - ~ ~--.~, ., =, 1:--....... .,;-< " -, ~" ..........- nr i'! ')'-C'~'''''"?I''~' . , OFF ICE 0 F THE 0 E A N '0 F . S T'U 0 E NT S M_____.._.._..___._...~. November 15, 2001 Andrew Theodorakis 19 Shore Oaks Drive Stony Brook, NY 11790 Dear Andrew: At your request, your hearing has been postponed. A hearing board has been rescheduled for you on Thursday, November 29, 2001 at 6:00 p.m. The hearing will take place in the Mary Dickinson Room, which is located on the upper level of the HUB next to the fi'ont entrance. In reference to your request for evidence to be used during the hearing, under Procedures, in the Code of Conduct, at part ILEA., the DSA is to notify each party of "statements, exhibits, records and names of witnesses, if any submitted by either party and make them available for review by both parties not less than 24 hours before the hearing." Dickinson College will be using the DPS incident report provided to you with the previous charge letter dated November 8, 2001. We also will provide photocopies of the two letters sent through the Student Mailroom, photocopies of the debit receipt and register receipt from the Devils Den and HUB video surveillance tapes. You have pemussion to review these items prior to the hearing. You must contact Paul Darlington, Director of Public Safety to make arrangements to review the matelial. The witnesses that will be present on the behalf of Dickinson College al'e Paul Darlington, Joseph Fazio, Lisa Ellennan and Amy Lala. It is expected that the witnesses listed, along with the exhibits and records, will establish that you placed a white substance, now believed to be baking soda, in two envelopes along with a note that read, "This is anthJ:ax. Prepare to die," addressed them to two Dickinson students, and then delivered the envelopes to the campus post office. This infom1ation will be used to determine whether the violations of the Dickinson Code of Conduct of which you were previously notified are true. Please refer to the Code of Conduct and Disciplinary System brochure for details about the healing process. You are required to attend the hearing. If you miss the hearing for any reason other thall an emergency the hearing may be held in your absence. If you will be presenting any witnesses at the healing, submit a list of your witnesses along with their phone numbers at least 48 hours in advance of the hearing. It is your responsibility to notify your witnesses and have them present at the hearing, Dickinson College P.Q, Box 1773 Carlisle, Pennsylvania 17013-2896 PHONE 717-245-1639 FAX 717.245.1899 WEB www.dickinson.edu The first college c11artered in the newly recognized nation September 9. 178) I _ ~ ~ __ 1r 'Tn ~ _~. . ' ,_ "' ---,--<" 1 - - 0__11 . , . You may be assisted through the hearing process by an adviser. This may be a student, faculty member or staff member of Dickinson College. No advisor may have a law degree or be admitted to practice law in any jurisdiction. Please refer to page 15 of the Code of Conduct for more information about advisers, [fyou have any questions about the process or this letter you may contact our office at (717)245- 1676. Sincerely, ~..a~~ 0" . ,By1and:r - () an of Students . Cc: Case #287 Dana Stevens Scaduto, Esquire !1il:$9j},P),:g::u1;l].lI.l,lg.EWE$quir~,;.". Paul Darlington, Director ofPub!ic Safety ,'.''i~''''F',;,~ . I' , , , --~ :It p "' m. ," ,~".,.~l@~(~~LR.~,(i!' IT ,~ o c; LJ ~ , , 0", ~ \ ~ ..~- - ~ - . ".< ~- '..<,d,.." . -.,,, <'" .'- .~,,~,_...",~"~ H > "~""";-""'","M"''''''''l~ (j\ ...l'-.. " ~ ~ 0\ \, ~ ~~ , r4 ~~J!~~~~I;jI;l.:WiffiJ!J~~L!;U!J';:Ii!!lJii!~tif.';1itr;"i''''-''';-!;:-'''--!if5''";'i "'--".'",-.-;;: !,"W,''-1-' "'Wh'-R';::'-W"'11i'!!,.jj,'~:&l-W;~!.Ii'fB'~~[~1!;r J. ,~.~.,' AT~~~~4?--- o C ? -0 ti~ mn',,; ~~. ~,-,.. d.:"'C; 26 p..;-- '- z -~ -< , c, "'-', ,j ~ ,,~;;: 1",,1 0) r....) j'V (.r: