Here are the answers to some of the questions you may have if you are accused of violating the Student Code of Conduct. The most important thing to remember about Student Judicial Affairs at FHSU is that the emphasis is on your personal development and learning.
What
happens after I am accused of violating the Student Code
of Conduct?
You'll receive a letter from the Student Affairs Office, informing you that you've been accused of violating the Student Code of Conduct. The letter will specifiy what part(s) of the Code you are alleged to have violated. In addition, the letter will tell you that you need to make an appointment for a Student Conference. At the Student Conference, you'll find out in detail the specifics of the complaint.
It is very important that you make the appointment for the Student Conference, and keep that appointment. Ignoring the situation will not make it go away, and ignoring the letter could result in holds on your registration, enrollment and transcripts.
Will
the Student Affairs staff member with whom I meet for the
Student Conference make a decision about whether I am in
violation of the Code?
The purpose of the Student Conference is to see if an agreement can be reached about what happened and what might be an appropriate way to resolve the situation. Therefore, if the Student Affairs staff member and the accused student can agree on what happened (i.e., the student admits the violation) and on recommended sanction(s), the matter will be considered initially resolved. When the student completes the sanctions, the matter is then finally resolved.
If the accused student does not admit the violation, then the matter moves on to a hearing. The hearing will be scheduled as soon as the hearing panel can be convened.
It is important to note that you should not falsely admit to a violation "just to get it over with." The most important thing to remember is to be honest.
How
can a student prepare for the hearing?
These suggestions are not made in any particular order.
- Write a response to the complaint.
- Compile a list of witnesses.
- Decide whether or not you want to have an advisor with you, and if you do, contact that person.
- Make notes about pertinent facts and information.
- Try to anticipate questions you will be asked.
- Outline the main points of what you want to tell the hearing panel.
Who
is in charge of the hearing?
In the case of the Student Panel, the chair will conduct the hearing. The Administrative Officer (most often the Assistant Vice President for Student Affairs) will conduct the hearing in the case of an administrative hearing.
May
I have an advisor with me at the hearing?
Yes - you may have someone of your choosing accompany you to the hearing. It is important to note that this person will not be permitted to present your case for you, and will not be permitted to address the hearing panel. However, you may consult with them during the hearing.
How
will the administrative or student panel make a decision?
The purpose of the hearing is bring forward any information that is available regarding the alleged violation. To that end, both the person making the complaint and the accused student may have witnesses and physical evidence at the hearing. The members of the hearing panel make a decision based on the information presented at the hearing. They use the "preponderance of evidence" rule - this means that in order for a student to be found in violation, the evidence must convince the hearing panel that it is more likely than not that the student violated the rule or policy. The weight and credibility of the evidence is considered.
What
happens if I am found in violation of the Code?
The hearing panel will develop appropriate sanctions. You have the right to appeal the decision (see the Judicial System-at-a-Glance).
If
I am found in violation of the Code, will that be recorded
on my transcript?
No.
Who
is permitted to look at my discipline record?
Disciplinary records are very confidential and are protected as education records under the Family Educational Rights and Privacy Act. In general, they cannot be released to anyone else without your consent.
Do
you have a question about filing a complaint?
Chances are that the answer to the question you ask might be of interest to others, so it may appear on this page in the future.
