Procedures : Charged Student Information
CHARGED STUDENT FAQs
- I received a letter in the mail, an email, or a phone call asking me to contact Student Conduct to set up an appointment. What does this mean?
- It most likely means that an incident report containing your name has been filed with Student Conduct and the report indicates that you may have been involved with a violation of the Code of Student Conduct. You should follow the instructions in the message and set up a meeting with Student Conduct as soon as possible. If the communication contains a specific date and time for a meeting, you are required to appear for that meeting.
- What are my options if it is alleged that I violated part of the Code of Student Conduct?
- Students alleged to have violated the Code of Student Conduct will have an informal meeting with a hearing officer to review the allegations and clarify their rights and responsibilities in the judicial process. At these meetings, students will also be asked to either admit or deny the allegations, and the disciplinary process will be explained. Students at this meeting may or may not be charged with a violation of the Code of Student Conduct.
- Does double jeopardy apply? Can I go through the courts AND the University’s disciplinary process?
- Double jeopardy does not apply since the University is dealing with violations of the Code of Student Conduct and the University’s expectations of its students. Double jeopardy only applies when a person is twice tried and convicted for the same violation of law in a court of law. Therefore, a student may experience both the University disciplinary process AND off campus legal proceedings.
- What is FERPA and how does it relate to incidents in Student Conduct ?
FERPA is The Family Rights and Privacy Act, a federal law that provides for the confidentiality of student education records. Institutions may not disclose information about students nor permit inspection of their records without their permission unless such action is covered by certain exceptions as stipulated in the Act.
In order to release information regarding your case to people outside of Student Conduct not covered by one of the exceptions (such as a parent, attorney, etc.), a student must fill out an “Authorization to Disclose Information” form.
- What if I am off campus when I violate the Code of Student Conduct?
- If the behavior adversely affects the university community or its members, the university can assume jurisdiction for the off campus behavior and will contact you to initiate the disciplinary process.
- What happens if I choose not to respond to the requests from Student Conduct to meet, choose not to appear for a scheduled meeting, or choose not to comply with a sanction?
For students who choose not to set an appointment within a reasonable period of time or fail to appear for a scheduled appointment,Student Conduct will place a hold on their records and registration, and an additional violation of failure to comply could result. If you fail to appear for a scheduled hearing or meeting after formal charges have been issued, a decision may be made in your absence without your involvement.
If you fail to comply with the terms of an assigned sanction, you can be charged with Failure to Comply and/or a hold may be placed on your records and registration. The results of such a charge will most likely be more severe than the original sanction.
- How do you determine sanctions?
- Sanctions are determined using a variety of factors including the nature and severity of the violation, related circumstances, impact on the campus/community, past history, precedent, and educational value of the sanction.
- Will disciplinary sanctions appear on my academic transcript?
- The only sanctions that appear on transcripts are suspensions and dismissals. Disciplinary probation, educational sanctions and other outcomes do not appear on academic transcripts.
- Will my parents find out?
- We encourage you to discuss the situation with your parents. However, we will not discuss your case with your parents unless you either provide us with a written release or the situation falls under one of the exceptions to FERPA (Family Educational Rights and Privacy Act).
- I want to go to graduate/law/medical school. Will potential schools find out about my disciplinary history?
More than likely, yes. Many graduate, and most law, and medical schools request information about a student's disciplinary history. Students who are sanctioned with any form of separation from the University will have a permanent disciplinary file at the University.
Keep in mind that your disciplinary history may or may not affect your admission. You will want to discuss your history with the admissions staff of the potential schools if you are concerned.
- Can I appeal the outcome of my case? If so, who hears the appeal?
- A student found to have violated the Code of Student Conduct has the right to appeal the original decision. For more detailed information, see the Appeals section.
- What is the University Conduct Board?
- The University Conduct Board is a University-wide committee consisting of graduate and undergraduate students, members of the faculty, and University administrators. Board members serve as hearing officers for allegations of misconduct.
- If my case goes to a University Conduct Board hearing or a hearing conducted by a Hearing Officer, may I have someone present with me?
- Yes, you may have an Advisor present with you during the hearing process. You have the primary responsibility for presenting your side of the case with the Advisor involved in an advisory and supportive capacity. The advisor may support you (i.e., whisper or write notes to you), but they may not speak for you or represent you. (also see Advisor questions)
- Can I withdraw from school in order to resolve this?
- No. The student disciplinary process will continue, even if you withdraw from school. In addition, there may be a hold on your records and registration that will keep you from withdrawing and obtaining transcripts. Resolving allegations of misconduct through the student disciplinary process is an obligation you have as a student.