HomeMy WebLinkAbout01-6774ANDREW THEODORAKIS, :
Petitioner, :
V. .'
:
DICKINSON COLLEGE, :
Respondent. :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ACTION IN EQUITY
TO THE HONORABLE JUDGES OF SAID COURT:
~F'~OR SPECIAL INJUNCTION/PRELIMINARY INJUNCTION PENDING
THE DISPOSITION OF STATE AND FEDERAL CRIMINAL MATTER~
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
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 enfomement 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
heating to be held by Respondent on November 15, 2001, 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 heating process to be
followed in circumstances 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 heating 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
II.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 heating; and
d. to the assistance of an "Advisor"
17. Respondent's Code of Conduct defines Advisor as being "[1]imited to a student,
facility member or staff member of the Dickinson College. No advisor may have a law degree
and may not be 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
counsel or any other person with a legal degree.
19. Respondent's Code of Conduct states that the Petitioner is required to attend the
scheduled hearing, except in an emergency, and if the 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 fight 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
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
remm to Respondent's property, Respondent will not suffer any harm by continuing this
disciplinary heating until all criminal matters have been resolved.
26. Consequently, Petitioner necessarily will suffer a greater injury by holding the
disciplinary heating on November 29, 2001 or any time prior to the final 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.
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 heating concerning violations allegedly committed by the Petitioner until a
full heating 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 heating until the final disposition of state and federal
charges or until such time as this Court shall Order otherwise.
Respectfully submitted,
Abo~_&_Kut~laMs, L.L.P.
/ J. gh~.-Abom-~, E~
j /Attorney I.D. No. 77961 Suite 204
8 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Petitioner
DICK.~$ON COLT
IN ~ COURT OF COlVl//ON P[2A$
CU~RI2uND COL2x'fY, PENNSYLVANIA
NO.
ACTION IN EQUITY
VER~CA~ION
EXHIBIT A
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No.:
DJ Name: Hon.
Add~ess:
Telephone:
09201
PAULA P CORREAL
1 COURTHOUSE SQ
CAP,_LISLE
717 240 6564
AKA:
ANDREW THEODORAKIS
PA 17013 DEFENDANT:
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS.
NAME and ADDRESS
ANDREW J THEODORAKIS
19 SHORE OAKS DR
STONEY ~ ];~ NY 11790 0000 00
Docket No.:
Date Filed:
OTN:
Registration Number Annual Sticker Number OLN Number ElD Number
I I 2001i' T ' '4 CAR 1450uc . ' " 2642
R.S.A.: TaN 21 D.O.B.: 01 21 1980 S.S.#: 06? 66 6690
ORI NO.: PA0210200
District Attorney's Office ~ Approved Disapproved because- '. _, . , ~ /. .'
(The Distdct Attorney may require that the complaint, arrest warrant affidavit or both be approved b the ~:)m~'~'i~r ~e ~.0mmo-n~,' :" '~
.' , Y y ealth pflor 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 perso~ or the community, the complaint shall be submitted to the attorney for the Commonwealth, who
shall approve or disapprove without unreasonable delay).
(Issue Date)
DET DAVID SMITH
~, (Name of Affiant)
of CARLISLE PD
residing ai 53 WEST SOUTH ST CARLISLE PA 17013
do hereby state: (check appropriate area)
1. X
[Signature}
ELA.DGE 8
accuse the above named defendant. ',vho lives at the address set forth above or,
accuse an individual whose name is unknown to me but who is described as
accuse the defendant whose nam.~ and popular designation or nickname is unknown to me and whom 1
have therefore designated as Johr, Doe
with vioLa_tin~l th.e_penal laws of th.e_Comm~:' ?.w..e. al. th__of Pennsylvania at: CARLISLE
N cuLLEGa; ST W LOUTH,Y,R ST
(Plane-Political Sul3division)
in(county) CUMBE~ on or about l0 30 2001 1130 HRS'
Participants were: (if there were particip~ ;s place their names here, repeating name of above defendant)
The acts committed by the accu,,;ed were:
(Set forth a summary of the facts sufficient to a,: ~se the defendant of the nature of the offense charged, Neither the evidence nor the statute
allegedly violated need be cited, nor shall a cit;: :on of the statute aJlegedly violated, by itself, be sufficient. In a summary case, set forth a
citation of the specific section and sub-section ~ [he statute or ordinance allegedly violated).
** SIMPLE ASSLT-FEAR OF BC',~;ILY INJ BY PHYSICAL ME CTS 6
DID INTENTIONALLY, KNOWI~';LY AND RECKLESSLY, ATTEMPT BY PHYSICAL
MENACE TO PUT ANOTHER PER ,::ON IN FEAR OF IMMINENT SERIOUS BODILY
INJURY.
Copy: Distdct Justice Defendant Return of Se~ce Police 4/97wp
Page 2
Defendant Name:ANDREW J THEODORA_KIS
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
Docket Number:
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVANIA AATD CONTRARY TO THE ACT OF A~SEMBLY,
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 INDIRECTLY, 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 AATD 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 THRP_J~T 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 /%2 OF THE ACT OF 18
OR THE ORDIN~NCE OF
** CAUSING CATASTROPHE CTS
DID INTENTIONi~_LLY, 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 WIDESPRF_~J) INJURY OR DAMAGE.
** SEE CONTINUATION ADDENDUM ATTACHED **
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 for a warrant of arrest to issue, the attached affidavit of 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 complaint has been properly completed and verified,'~nd that there is probable cause
for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. 4904) relating to unsworn falsification to~a:uthorities. /
Date: ~:' ,~._,.,. .......
AND NOW, on this date, I certify the complaint has been properly completed and
verified, and that there is probable cause for issuance of process.
PAGE: 3 ~ , CRIMINAL COMPLAfNT ADI)ENDUM
DEFEN]DANT: ANDREW J THEODORA/{IS
INCIDENT NO: 20011001324 CAR
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVD/NIAAND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 3302 A OF THE ACT OF 18
OR THE ORDINANCE OF
** RISKING CATASTROPHE CTS 1
DID INTENTIONALLY, KNOWINGLY OR RECKLESSLY CREATE A RISK OF
CATASTROPHE IN THE EMPLOYMENT OF FIRE, EXPLOSIlZE OR OTHER
DANGEROUS MEANS, OR BY ANY OTHER MEANS OF CAUSING POTENTIALLY
WIDESPREAD INJ!JRY OR DAMAGE.
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVANIA AAID CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 3302 B OF THE ACT OF 18
OR THE ORDINANCE OF
CARLISLE PD
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20011001324 CAR DATE: 10/30/2001 0TN:
CHARGE(S):
18 2701 A3
18 2706 A1
18 2706 A2
18 3302 A
18 3302 B
PG 1
#CTS
SIMPLE ASSLT-FEAR OF BODILY INJ BY PHYSICAL ME 6
TERRORISTIC THREATS 2
TERRORISTIC THREATS 2
CAUSING CATASTROPHE 1
RISKING CATASTROPHE 1
J THEODORAKI S
COMMONWEALTH VS ANDREW
INFORMATION:
ON 30 OCT 01 CARLISLE POLICE RECEIVED A COMPLAINT FROM
DICKINSON COLLEGE PUBLIC SAFETY IN REFE~RNCE TO MAIL RECIEVED IN
THE STUDENT MAILROOM. EMPLOYEES OF THE MAILROOM FOUND A WHITE
POWDERY SUBSTANCE LOCATED IN AMAIL BIN.
EMPLOYEES IMMEDIATLY CONTACTED DICKINSON PUBLIC SAFETY /LND THE
ROOM WAS SEALED OFF ANDAHAZ~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 MAILROOMAREABY 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
LE'i-rERS AND PLACING BAKING SODA WITHIN THE LETTERS. AT THAT TIME
MCFARLAbH) 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 AFPROX 1830 HRS. VENEZINO STOPPED AND
TALKED WITH THEM. VENEZINO ALSO OBSERVED THE ACCUSED PREPARING
AND MAILING 2 ENVELOPES THROUGH THE INTER-COLLEGE MAILDROP.
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.
CARLISLE PD
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20011001324 CAR DATE: 10/30/2001
~ COMMONWEALTH VS ANDREW J
OTN:
THEODORAKIS
PG 2
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 WITHIN AFFIDAVIT UPON MY KNOWLEDGE,
AND BELIEF,.AND SIGN IT ON , 20
BEFORE WHOSE OFFICE IS THAT 6F
SIGNATUF, E & SEAL OF DISTRICT JUSTICE SIGNA'£'u~E OF AFFIANT
· PRINT
2 COPIES - DISTRICT JUSTICE' 1 COPY - BUREAU OF POLICE
INFORMATION
EXHIBIT B
FROM
FAX NO. :
Nov, 27 2001 09:27PM P1
October 3 I, 2001
Andrew Theodorakis
Dickinson College
Hub Box 1986
.... :-" "D6ar--Andr'~w; ...............
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 cizcumstances the President or his designee
may impose an interim suspension prior to a hearing."
Interim suspension may be imposed to ensm'e the safety and well being of any member of
theDiekinson College community or preservation of College property; to ensure the
student's own physical or emotional safety and well-being; and/or ii'the student poses a
substantial threat of disruption of or interference with the no,inal operations of Dicldn.qon
College.
During the interim suspension you will be denied access to the campus including classes
and all other College activities or prlvileges for which you might othezwise be eligible,
Sincerely,
Brenda Br.~,.~ Registm~ · ' ' ......
William G. Durden, President
qr:~,-'
P.O. BOX ~77~ ' Cal~:sL£, PZ~¥LYaNIA 1701t-:3896 · l,l.lONa'. 7~?-243-~z~ · W.~: www.diekinson.edu
EXHIBIT C
.,ABOM &
l LITLILAKIS
ATTORNEYS AT LAW
November 2, 2001
Susan Nichols, Associate Dean
Dickinson College
P. O. Box 1773
Carlisle, PA 17013
Dear Associate Dean Nichols:
Enclosed please f'md 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
interv/ew. 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
Thank you kindly for your attention to this matter. Should you have any questions or
concerns, please call me.
Mr. and Mrs. Theodorakis
8 SOUTH HA~ov'E~ STP. li~r, SurrE204
Cta~LISL~,PA 17013
(717) 249-0900
FAx(717)249-3344
106WALmrrSr~ET
I-IAmm~URG, PA 17101
(717) 232-9511
APPLICATION FOR WITHDRAWAL FROM
DICKINSON COLLEGE .
Name
Andrew Theodorakis
(Please print- Last Name, First Name, Middle Initial)
Social Security # 067-66-6690
It is the responsibility of the student to inform his/her parents of the student's plan for a
withdrawal.
It is the responsibility of the student to see that all financial obliRations with the
College 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 the
right to withhold the transmission of transcripts and, with federal 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
appropriate 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 wishe~ 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.
SIGNATURES:
ACADEMIC ADVISER(S):
1. Today's Date __
2. Today's Date
(You should obtain signatures of both primary'a'dviser and second major a(~viser if you
are a double major.)
CHAIRMAI~I, R.O.T.C.
(If enrolled)
Today's Date
PERKINS LOAN INTERVIEW Today's Date
(Students with Perkins Loans must have their uxlt interviews with the Assistant
Comptroller.)
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 College Bulletin for information on satisfactory academic
progress and refund information. The Office of Financial Aid publishes a brochure
entitled "lnform.ation 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 I might be entitled. I understand that such refund may be subject to disbursement
to Federal Aid Programs.
Student's Signature ~'?'~
Forwarding Address
Signature of Class Dean
Last Date of Class Attendance
Registrar's Signature
Today's Date
Today's Date
6/00
EXHIBIT D
McNees Wallace & Nurick
attorneys at law
NOV 0 7 2001
.
DANA STEVENS SCADUTO
DIRECT DIAL: (717) 237-5281
E-MAIL ADDRESS: DSCADUTOt~MWN.COM
November 6, 2001
John A. Abom, Esquire
Aborn & 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
C:
By
Dana Stevens Scaduto
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
EXHIBIT E
FROM : Now. 18 2001 03:09PM P2
FAX NO. :
O F F I C E O F T H E DEAN O F S T U D E N TS
November 8, 2001
Andrew Theodoralds
19 Shore Oaks Drive
Stony Brook, NY 11790
As stated in the letter dated November 1, 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 of law, 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 purported to be anthrax. It is
all~ged that yo, u.. Were responsible for sending these envelopes through the Student Mailroom.
Th.~ f6110~ing)'~:th~ aefinition of the Code ofCo,~d, ct provision(s) cited above: , .. :
Violations of l~'~. .' . Violations of any federal, s,tate, or local law is also a viola'iiOn bf the Code of
Conduct. ' ' '.
Di.,honesty and deception: Yr'ithhoMing relevant information from any College. o~cial under
circumstances when it is reasonable to expect a student to offer information, even if not
specifically requested.
Disorderly conduct: Conduct which cataves a public alarm, annoyance, disruption or hazard on
'College premis~g' 0~' at a College-sponso~ed"o~' Cotlege-supervi~'ed functipn:"$uch acti;viffzs aLvo
include, but a~e not limited lO, conduct which is intended to or resulis in the:disruPtion'or
obstruction of teaching, research, administration, disciplinary proceedings, or other College
activities, on or off campus, or which prevents or obstructs College personnel from performing,
their duties.
Firearms and explosives: Possession or use of explosives, firearms, other weapons (including.
but not limaed to, air. pistols and air rifles), dangerous chemicals, or objects intend, ed to be
perceived a,v e~cplosive$, firearms, weapons or chemicals, in or upon College-owned or
College>vuperv£ved property. Violations under this section also include the irresponsible
posses$ioit or ~areless and dangerous use of any other object in such a way as'.io threaten or
endanger any person or property.
Dickinson College
P.O. Box t77~
Carfiale, Pennsylvania 17ok,.a896
~non; 717-z454639
~nx 717-~4~-~899
w;~ www, dickimon.¢du
'l'he first college chartered in
the ne~,ly recognb, td natlon
September 9, ~78.~
Harassment and physical harm: Causing physical harm to another per. von, as well as
threatening, intimidating, harsh'sing, coercing or engaging itl any other form of conduct which
threatens5, or endangers the physical, emotional and/or psychological health or safety of any
person or which re6'ults in harm to any person or which is intended to provoke violence by
another.
A hearing board has been schednled 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 of the HUll next to the front entrance.
Please refer to the Code of Conduct and Disciplinary System brochure for details about the
hearing process. You are required to a~end the hearing. If you miss thc hearhig for any reason
other than an emergency the heaving may be held in your absence, lfyou would like to requcsI
having your hearing rcscheduled, you must contact Kfista Barrick, Assistant to the Discipline
SYStem Adrair~strator,.at least 48 hours in advance of the hearing,
If you will be presenting any witnesses at the hear/rig, submit a list of your w/messes along with
their phone numbers at least 48 hours in advance of the hearing. It is your responsibility to not/fy
your witnesses and have them present at the hearing. You have the fight to see a list of w/messes
who will.be tesfif-y/ng 24 hours in advance of the hearing and you may contact our office if you
wish to do so.
You may be assisted through the hearing process by an adviser. Please refer to pag~ 15 of the
Cod~ of Conduct for tnore inforraation about advisers.
Ir'you have any questions about the process or this letter you nmy contact Krlsta Barrick at
(717)245-1570.
Sincerely,
Cc~
Case g287
Dana Scaduto, Attorney
Paul Darlington, Director of Public Safety
Dr. Rob~,-'rl Masza, Vice President
Dr. William Durden, President
~d' ~d8~:60 ~00E &E 'CON : 'ON XM3 : MO~3
EXHIBIT F
Code of' Conduct
&
Disciplinary System
2001-2002
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
Firemms and Explosives ...................................................................... 10
Hazing .................................................................................................. 11
Harassment and Physical Ha~-~ ........................................................... 11
Intolerance ........................................................................................... 11
Theft and/or Possession of Stolen Property ......................................... 11
Trespass ............................................................................................... 12
Violations of Law ................................................................................ 12
Sexual Assault ...................................................................................... 12
Sexual Harassment ............................................................................... 12
DISCIPLINARY SYSTEM
Authority ............................................................................................ 14
Definitions ........................................................................................... 14
Student ........................................................................................... ...... 14
Faculty Member ................................................................................... 14
Member of the College Community .................................................... 14
College Premises .................................................................................. 14
Respondent ...................................................... ~ ................................... 14
Complainant ......................................................................................... 14
Parties ................................................................................................... 14
Hearing Officer .................................................................................... 15
Hearing Board ...................................................................................... 15
Hearing Panel ................................................................. 15
Appeals Board ...................................................................................... ! 5
Advisor ................................................................................................. ! 5
Procedures ........................................................................................... 16
Filing a Complaint ................................................................................ 16
Resolving a Complaint ......................................................................... ! 6
Hearing Bodies... 1 ~
Foxmal Resolution ................................................................................ 18
Hearings before Hearing Officers or Hearing Boards ........................ 18
Hearing Boards .......... :"~ ........................................................................ 20
Composition ....................................................................................... 20
Responsibilities of Chairperson ......................................................... 11.21
Responsibilities of Disciplinary System Administrator ....................... 21
Responsibilities of Board Members
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 Academic Code ....................... ~ .......................... 24
Warning ................................................... ',','";, ....................................... 25
Required Withdrawal and Penalty Grade F ..................................... 25
Suspension ............................................................................................ 25
Expulsion .............................................................................................. 25
Revocation an/or Withholding of diploma ........................................... 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 an/or Withholding of diploma ........................................... 28
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
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. Dicta'n-
son's definition of citizenship, drawn from 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), self-governance, respect for 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 involvement and
connection within the student body, between students and faculty and
between students and administrators. Our goals include helping stu-
dents see beyond themselves 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 sometimes be tempered by
4
respect for the common good. This does not imply that members 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 members of the academic community and
citizens. As citizens, students should enjoy thc 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-
opment 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 academic 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 freedoms
and their responsibilities in belonging to and living in a diverse aca-
demic 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 of the College community. Our disciplinary pro-
cedures are considered an important part of our educational process.
Members of this community freely associate themselves with Dickinson
College and in so doing affirm their commitment 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 familiar with the provisions of this code and your rights and
responsibilities as a member of the Dickinson Community.
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 members of the professional staff of Student Life, faculty,
and other administrators infoimation regarding students rights
and responsibilities under this code, how complaints are filed,
quarterly summaries of cases, and sources of support and infor-
mation for victims and respondents.
Provide training programs and information to residential advisors,
those who meet students in crises situations, and others serving in
an advising capacity to students.
6
STUDENT CODE OF CONDUCT
Academic Conduct
Students are expected to do their own work. Work submitted in ful-
fillment of academic assignments 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:
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 many forms. The examples below
are illustrative:
1. The use of notes or other unauthorized materials in exami-
nations.
2. Copying from 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 assignments or the taking of examinations or quiz-
zes.
6. Knowingly assisting another to do any of the above or to
cheat in a similar manner.
Be
Plagiarism. Plagiarism is a specific form of cheating, which is
defined as follows:
To plagiarize is to use without proper citation or acknowl-
edgrnent the words, ideas, or work of another. Whenever
one relies on someone else for phraseology, even for only
two or three words, one must acknowledge indebtedness by
using quotation marks and giving the source, either in the
text or in a footnote.
o
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, November, 1965)
If a faculty member uses another definition of plagiarism, it
must 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:
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.
Be
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.
Ce
Computer-related Violations. Use of computer equipment
and/or time 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
property or causing damage to the premises or property of oth-
ers.
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.
Dishonesty and Deception. In 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:
o
Furnishing false information to any College official or fac-
ulty member at any time, including, but not limited to, dur-
ing the application and enrollment process, as well as while
a student at the College.
Withholding relevant inforn~ation from any College official
under circumstances when it is reasonable to expect a stu-
dent to offer information, even if not specifically requested.
Forging, altering or misusing any document, record or in-
strument of identification.
Ge
Disorderly Conduct. Conduct which causes a public alarm,
annoyance, disruption or hazard on College premises 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 from performing their duties.
Drugs. The possession, use, sale, and/or distribution of narcot-
ics or other controlled substances except as expressly pernfitted
by law.
9
Failure to Comply. Failure to comply with published College
policies, residence hall regulations, administrative dispositions,
disciplinary sanctions or directions of College officials author-
izcd and acting pursuant to their prescribed duties.
Firearms and Explosives. Possession or usc of explosives,
firearms, other weapons (including, but not limited 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.
Members of the Dickinson College community, including its
students, faculty, staff, administrators and guests dedicate them-
selves to promoting an atmosphere conducive to free discussion
and learning; nurturing a sense of mutual respect, rcsponsibil-
ity, and moral community; and preventing harm to others
within thc community. To these ends, it is thc policy of Dickin-
son College that no person may possess or use explosives, fire-
arms or other weapons or devices desigucd to cause bodily
hami on property owned or supervised by thc College or at
College events. This prohibition includes, but is not limited to,
the possession or usc 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'dangcr 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 members of the campus eom-
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
the course and scope of their employment.
Weapons and ammunition used for hunting or sporting pur-
poses must 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 pursuant to this policy will not be
returned and will be destroyed.
ge
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 membership 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 of this section.
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 academic community and shall enhance
the severity of any sanction to be imposed for a violation of the
Code of Conduct.
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
Oe
Trespass. Trespass is the entry or the attempt 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 limited
to, the unauthorized possession, duplication, or use of keys or
other entry control systems 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.
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.
o
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.
Coerced sexual activity, which in the most severe occur-
rence, is manifested by any form of sexual penetration
when it was not reasonable for the perpetrator to believe the
victim had freely given affirmative consent to the act.
Any sexual contact with a person who is incapacitated, suf-
fers from an impairment, 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.
Sexual Harassment. Sexual Harassment of a student by an-
other student is defined by unwanted sexual attention, unwel-
come sexual advances, or intimidating, unwanted or unwelcome
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
academic performance or access to College programs or facili-
ties or which creates an intimidating or hostile learning or living
environment is also sexual harassment.
Please make yourself familiar with the full sexual harassment poi-
policy which can be found on the Dickinson College Website at
www.dickinson.edu/hrservices/or a brochure may be picked up
from the Office of Human Resources, Dean of Students Office
or the Residential Life Office.
So
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-campus 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
DISCIPLINARY SYSTEM
Authority
The Disciplinary System 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 IV, 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 Enrollment
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 enrolled for a particular term
but who have a continuing relationship with the College are consid-
ered "students".
II. The term "faculty member" means any person hired by the College
to conduct educational activities.
III. The tem~ "member of the College community" includes any person
who is a student, faculty member, 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" means any person or group accused of a vio-
lation of the Dickinson College Code of Conduct.
VI. The term "complainant" means any member of the College commu-
nity who accuses a person or organization of a violation of the
Dickinson College Code of Conduct.
VII.The temi "parties" means the complainant and respondent.
14
VIII.The term "hearing officer" means and refers to a College employee
serving as a decision-maker on the troth of accusations made under
the Code of Conduct. The Discipline System Administrator may
serve as a hearing officer. The hearing officer is authorized to im-
pose disciplinary sanctions as outlined in the Disciplinary System
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 "heating board" means and refers to a five-member panel
serving as the decision-making body on the truth of accusations
made under the Code. The hearing board is also authorized to im-
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.
The term "heating panel" means and refers to a three-member panel
of administrative hearing officers serving as the decision-making
body on the truth of accusations made under the Code of Conduct
involving violations of the sexual assault or sexual harassment
provisions. The hearing panel is also authorized to impose disci-
plinary sanctions as outlined in the Disciplinary System procedures
when accusations are found to be true.
XI. For purposes of enforcing the Code of Conduct, an "Appeals
Board" means and refers to a three-member panel.
XII. An "advisor" is a student, faculty member 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 may 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 maintains a list
of students, faculty members and staff members who have served as
15
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 statement 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 complaint should be submitted as soon as
possible after the event takes place, usually within 72 hours.
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 preliminary investigation of the facts presented in
the complaint to detemfine if the charges have merit.
After an initial detemfination has been made that the complaint
has merit, if the complainant is the College, the DSA or his/her
designee may:
Notify the respondent of the alleged misconduct and ex-
plain the respondent's options in resolving the complaint,
and, if appropriate under this policy:
2. Proceed with administrative disposition, with the consent of
the respondent, or
Refer the complaint 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 complaint adminis-
tratively, he/she may:
After communicating with the student or organization,
reach an agreement with the student or organization regard-
ing responsibility for misconduct and impose a sanction, or
16
o
If no agreement regarding responsibility can be reached,
refer the matter for disposition before either a hearing offi-
cer, hearing board or hearing panel, or
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.
Administrative disposition of any complaint is final and there
shall be no subsequent proceedings, such as further hearings or
appeal.
Eo
After an initial determination has been made that a complaint
has merit, for those complaints which are not resolved adminis-
tratively or by referral to another entity, the matter 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:
Advise and notify both the complainant and respondent(s)
of all allegations presented by providing each of them with
a plain, concise, written statement of the allegations of vio-
lations of the Code of Conduct, their respective rights, in-
cluding the availability of various hearing forums.
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.
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
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
Hearings before Hearing Officers, Heating Boards or Heating
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 heating officer,
a hearing board, or a heating panel. The student or organiza-
tion accused of the violation(s) shall have the opportunity to
discuss the choice of hearing body with the DSA or his/her des-
ignee before the hearing is convened. All heatings, whether
before a hearing officer or a hearing board, shall be conducted
as follows:
Unless otherwise provided by these procedures, the com-
plainant, respondent, heating 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 heating officer at least 24 hours prior
to the heating.
The hearing normally shall be conducted in private, with
only those having a direct role in the heating 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.
The heating officer or the chairperson of the heating board/
panel shall advise each person present at the heating 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
Both the complainant and respondent have the tight to be
assisted at the heating by an advisor.
The complainant, the respondent and the hearing officer,
heating board or hearing panel shall have the ptivilege 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 heating.
Both parties may raise and respond to relevant questions
asked by the other, the hearing officer(s) or the members of
the heating board and make any relevant statements. It is
the function of the chair or heating officer to determine
relevancy of questions asked.
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.
There shall be a single record of all heatings before either a
hearing officer, a hearing board or a heating panel. The re-
cord shall be the property of Dickinson College. The writ-
ten record of proceedings under the disciplinary system
shall include:
ao
eo
The letter communicating the charges and advising the
complainant and respondent of their respective tights
The names of all individuals and organizations, includ-
ing the complainant and respondent, witnesses, the
names of the hearing officer, the members of any hear-
ing board or heating panel;
Copies of any records, exhibits or written statements
accepted for consideration by the hearing officer, the
hearing board or the hearing panel;
A summary of the facts based upon the information,
records, exhibits and written statements presented; and
The heating results, including the sanction imposed.
19
The complete hearing of each case, except for
deliberations of any hearing board, shall be recorded on
audiotape by the College. All such recordings 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.
All decisions shall be announced to both parties at the
time 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.
Sanctions will take effect no later than 72 hours after
the decision has been made unless an Intent to Appeal
form has been 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.
Unless otherwise excused, if the respondent fails to ap-
pear at a scheduled hearing, except in an emergency,
the case may be heard without the respondent's partici-
pation. Unless otherwise excused, if the complainant
fails to appear at the scheduled hearing, except in an
emergency, the case may be dismissed by the hearing
officer, the hearing board or the hearing panel. The
facts of the case must be considered in the absence of
the respondent and the decision must be reached based
upon the standard of proof in all discipline cases.
o
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 time.
II. Hearing Boards
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
academic violations, or the Dean of Students in situations alleg-
20
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 members. 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 members.
Responsibilities of the Chairperson. The chairperson of a hear-
ing board shall not vote on the determination of responsibility
for misconduct 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
System 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 infom~ation 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.
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.
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 majority
necessary to establish the troth of the matters before it.
21
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 of the board
shall disqualify himself or herself in a particular case if for any
reason he or she cannot maintain impartiality. Any member of
a hearing board, including the chair, who, in the judgment of
two or more members 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 unanimity of the board, or the
opinions or votes of any member of the board.
III. Hearing Panels
composition. Each Hearing Panel is composed of three hearing
officers. The heating 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.
Responsibilities of Members 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 member's vote
shall count equally in establishing the majority necessary to es-
tablish the troth of the matters before it.
Conduct of Members of the Panel. No member of a hearing
panel shall discuss the merits and substance of a case with any
person who is not a member of the panel. Any member of the
panel shall disqualify himself or herself in a particular case if
for any reason he or she cannot 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 Heatings
A. The respondent shall answer the charges previously forwarded
by the DSA by indicating whether he/she/it is either
22
"responsible" or "not responsible."
If the respondent answers "responsible", both parties involved
may make any relevant statement or introduce any witnesses or
information which the hearing officer or heating board accepts
as relevant for the determination of sanctions. The hearing offi-
cer, hearing board or hearing panel shall then detemfine in ex-
ecutive session a remedy or sanction appropriate to the offense
as outlined below.
Bt
If the respondent answers "not responsible," the complainant
may introduce relevant witnesses, information, documents and/
or written statements as outlined in these procedures.
The respondent may then introduce relevant witnesses, infor-
mation, documents and/or written statements as outlined in
these procedures. The respondent may, 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
heating will proceed without the benefit of such information.
D. Parties are responsible for making sure their witnesses appear at
the appropriate time and place of the hearing.
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 heating. The respon-
dent will have the opportunity to respond to any and all written
statements during the hearing.
Fo
Any witness who has appeared to offer infom~ation may be re-
called for purposes of clarification, subject to questions from
the complainant, the respondent, the hearing officer or any
member of a hearing board. -
The complainant, the respondent, the heating officer, and the
members of a heating board or panel may directly question wit-
nesses present for a hearing and may ask procedural questions.
Any questions asked must be relevant to the issues before the
hearing officer, hearing board or hearing panel. Questions of
relevancy shall be determined by the heating officer or chair-
person of the hearing board/panel.
23
Both parties may make final statements summarizing their
cases, with the complainant making a statement first.
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
members shall base their votes only upon the materials and
statements presented at the heating, which may include the
prior disciplinary record of the respondent, if relevant.
If the respondent is determined to be responsible for a Code of
Conduct violation, both parties may make 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 remedy 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 simple majority vote of
the board or panel is necessary to establish sanctions.
The hearing officer, hearing board or heating panel shall then
call the complainant and respondent to hear the decision, and
the heating shall be adjourned.
Disciplinary Sanctions
The sanctions which may be imposed 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
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.
Ae
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
Suspension from the College. A student suspended from the
College may not participate in classes or other College activi-
ties and may not be on College property (except by appoint-
ment, arranged in advance with the Dean of the 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.
Eo
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.
II. Sanctions for Violations of the Social Provisions of the Code of
Conduct
NOTE: ,4 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
consequence ofsuch ac~.
A. Fines, Restitution and Other Remedies
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.)
Restitution. Reimbursement for damage to or misappro-
priation of property. Reimbursement may take the form of
appropriate service or an assessment to repair or otherwise
compensate for damages.
3. Denial of College facility use for a stated period of time.
Residence hall relocation.
Mandatory attendance at counseling assessment sessions
and/or educational seminars and completion of educational
papers.
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.
Co
Warning. Written notice to the student or organization that
continuation or repetition of conduct found to be in violation of
College regulations may cause more severe disciplinary action
and which may include additional sanctions.
Conduct Probation. A specified period of time requiring main-
tenance of exemplary conduct. Conduct probation may include
the following:
For the individual, denial of visiting privileges to stated
College facilities, or exclusion fi.om 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
For the organization, exclusion from specified activities
sponsored by the organization or the College and mainte-
nance of exemplary conduct for the period of conduct pro-
bation set forth in the sanction letter.
Violations of conduct probation shall be reviewed by the
DSA and shall be referred to a hearing officer for determi-
nation and imposition of further sanctions. A student or
organization accused of violating the terms of conduct pro-
bation shall have the opportunity to address the hearing of-
fleer and to answer the allegations, but shall not be entitled
to any of the other practices or procedures described in the
Disciplinary System.
Parental Notification. The College reserves the right to contact
a student's parents according to the Family Educational Rights
and Privacy Act, which states that institutions of higher educa-
tion are permitted to disclose to students' parents or legal
guardians "information regarding any violation of any federal,
state or local law, or of any rule or policy of the institution,
governing the use or possession of alcohol or a controlled sub-
stance...if the student is under the age of 21 and the institution
determines that the student committed a disciplinary violation
with respect to such use or possession."
E. Stayed Suspension.
Stayed suspension allows individuals to return to classes,
however ifa 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 suspension will become effective immedi-
ately, in addition to any other sanctions imposed for the
new violation(s).
Stayed suspension allows 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 become effective immediately, in addition to
27
any other sanctions imposed for the new violation(s).
Suspension.
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 definite period of time 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 semester 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.
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, pexmanent termination of organiza-
tion's status and privileges.
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 of the 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
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.
IV.
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.
Interim Suspension. In 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.
Interim suspension may be imposed 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 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.
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 system administrator may determine to be
appropriate.
Appeals
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 Intent to Appeal foml
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
appealed within five (5) school days of the 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.
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.
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
from decisions following cases heard under the Student Re-
cords policy. Except in cases of expulsion, Appeals Board de-
cisions are final.
Composition of the Board. The Appeals Board shall consist of
three members:
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.
Board members. One faculty member 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 members. No person who served as a hear-
ing officer or member 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
ber of the Appeals Board to disqualify himself or herself if for
any reason he or she is unable to maintain impartiality. 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 members of the board the degree of harmony or unanim-
ity of the board or the opinions or votes of any member of the
board.
Procedures. The Appeals Board shall consider the merits of an
appeal only on the basis of the information provided in the writ-
ten request for appeal, the report of the hearing board/panel or
hearing officer, and, if deemed necessary, the hearing audio
tape recording.
Decision and Action. Any decision of the Appeals Board shall
be made by majority vote. In order to overtum 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. Reject the appeal if it finds the grounds for appeal unsub-
stantiated by clear and persuasive evidence.
Reject the appeal if it finds that any procedural irregulari-
ties were minor in nature and would not have altered the
outcome of the hearing or the sanctions imposed.
Reduce the imposed or recommended sanctions if they
were found to be too severe by clear and persuasive evi-
dence.
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 members, the DSA or his/her
31
designee will select additional board members from the
pool.
Reverse the decision of the hearing board or hearing officer
(s) in cases where substantial procedural impropriety is de-
termined to have unfairly influenced the hearing; or remand
case to a new board for a new hearing with the DSA ap-
pointing another hearing officer and selecting other board
members from the pool. All cases returned for new hear-
ings are appealable.
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 until reasonable efforts to fulfill this re-
quirement have been taken.
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 made to the Dean of the College in
cases of violation of the 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 made 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 merits 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
1. Meet with the student upon whom the sanction has been im-
posed, and/or
2. Consult with the Dean of the College or the Dean of Stu-
dents, or his/her 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. Redt~ce 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.
Records of Disciplinary Action. All disciplinary sanctions and re-
ports shall become 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 from a student's education record following graduation.
Except for cases of suspension or expulsion, records of discipli-
nary action involving groups is expunged from the organization's
record after five (5) years.
VI. Miscellaneous Provisions
Pending criminal 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, criminal arrest and/or prosecu-
tion. Proceedings under the Code of Conduct may be carried
out prior to, simultaneously with, or following civil or criminal
33
proceedings off-campus. On campus adjudication does not
preclude or limit a student's access to the state and federal
judicial systems.
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
hearing officer or a hearing panel. Any appeal of a hearing
~fficer, hearing board or hearing panel's decision which must
be heard when classes are not in session, regardless of
whether the hearing took place while classes were in session
or not, shall be made 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 of the Disciplinary System may 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
OFFICE OF THE
DEAN OF STUDENTS
mr mn nm NOV 1 8 2001 llll
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 front entrance.
In reference to your request for evidence to be used during the hearing, under Procedures, in the
Code of Conduct, at part II.E.4., 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 permission to review these items prior to the hearing. You must contact Paul Darlington,
Director of Public Safety to make arrangements to review the material. The witnesses that will be
present on the behalf of Dickinson College are Paul Darlington, Joseph Fazio, Lisa Ellerman 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 anthrax. Prepare to die," addressed them to two Dickinson students, and then
delivered the envelopes to the campus post office. This information 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
hearing process. You are required to attend the hearing. If you miss the hearing for any reason
other than an emergency the hearing may be held in your absence. If you 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.
Dickinson College
P.O. Box ~773
Carlisle, Pennsylvania ~7m3-2896
PHONE 717'245q639 The first college chartered in
FAX 7~7'245-1899 the newly recognized nation
WEe www. dickinson.edu September 9, J783
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 Conduc! for
more information about advisers.
If you have any questions about the process or this letter you may contact our office at (717)245-
1676.
Sincerely,
Cc: Case #287
Dana Stevens Scaduto, Esquire
.Jason Pi KutulaldS, Esquire. ~
Paul Darlington, Director of Public Safety
ANDREW THEODORAKIS,
Petitioner
DICKINSON COLLEGE,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION- EQUITY
: 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 hearirig 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,
/Wesley Oler, ~, J. 'ff
John A. Abom, Esq.
8 South Hanover Street
Suite 204
Carlisle, PA 17013
Attorney for Petitioner
Dana Scaduto, Esq.
P.O. Box 1166
Harrisburg, PA 17101
Attorney for Respondent
ANDREW THEODORAKIS,
Petitioner,
VS.
DICKINSON COLLEGE,
Defendant.
NO. 0/- 3'~W
:
ORDER
SPECIAL INJUNCTION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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 heating on the Petitioner's Motion for a Preliminary Injunction is hereby
scheduled for the __ day of , 2001, at __ AM/PM in Courtroom No. __ in the
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT:
Jo
Distribution:
Dana Scaduto, Esquire
McNees, Wallace & Nurick
P. O. Box 1166
Harrisburg, PA 17101
John A. Abom, Esquire
Abom& Kutulakis, L.L.P.
8 South Hanover Street, Suite 204
Carlisle, PA 17013
ANDREW THEODORAKIS, :
Petitioner, :
VS. :
.-
DICKINSON COLLEGE, :
Defendant. :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ORDER
PRELIMINARY INJUNCTION
AND NOW, this __ day of ,2001, upon consideration of the
Motion for a Special Injunction/Preliminary Injunction and following a heating before this Court,
it is hereby ordered that said Motion is Granted and the Respondent, Dickinson College, is
hereby prohibited from holding a Disciplinary Heating 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:
Distribution:
Dana Scaduto, Esquire
McNees, Wallace & Nurick
P. O. Box 1166
Harrisburg, PA 17101
John A. Abom, Esquire
Abom& Kumlakis, L.L.P.
8 South Hanover Street, Suite 204
Carlisle, PA 17013
Jo