Fort Hays State University > About FHSU > Division of Student Affairs > Judicial Affairs > Judicial Processes
The disciplinary process at FHSU strives to provide all students with positive reinforcement for living within the guidelines for acceptable behavior. The standards of behavior are set forth in the Student Code of Conduct. The intent is to make discipline educational and not punitive. The encouragement and development of self-discipline is a primary goal of the educational process. The judicial system established hereby is designed to further this process and, therefore, is not comparable to or a substitute for jurisprudence under the criminal code. Only under extreme circumstances will the process be viewed as a method of terminating the student's relationship with FHSU.
All students involved in possible disciplinary action are assured that due process will be provided. This means they are told how the disciplinary process of the university functions, they will be made aware of the conduct alleged to have been in violation, they will have the opportunity to defend themselves by having witnesses appear on their behalf, they may have an advisor help them, and they may appeal the decision. Appealing a disciplinary action must be done within a defined span of time, but usually the disciplinary action will not go into effect until the appeal is heard. The exception to this practice occurs only when delaying action until after an appeal would significantly compromise the safety and well-being of the university community.
Procedurally, discipline is handled as close to the level of the problem as is possible and reasonable. In other words, residence hall behavior concerns are normally handled by the Residence Hall staff and/or Residence Hall Judicial Boards; Greek conduct questions are handled by the house of which the accused is a member, Interfraternity Council, Panhellenic Council, Greek Standards Review Board, etc. Local law enforcement authorities generally handle off-campus law violations. The university reserves the right to make a case-by-case determination as to whether some conduct which occurs off of the premises of the university may be addressed under this policy.
Violations of the Student Code of Conduct that do not fall under the jurisdiction of the judicial bodies listed above are normally handled by the Office of Student Affairs. This office also serves as the appellate body for the Greek Standards Review Board. The Assistant Vice President for Student Affairs is responsible for the coordination of administrative judicial programs and proceedings as described on the next page. In extraordinary circumstances having a detrimental impact on the university community, the Vice President for Student Affairs or his/her designee may determine that summary administrative suspension or dismissal is appropriate. If such a determination is made, the student will be so informed and provided with the opportunity to meet with the Vice President or his/her designee.
After investigation and consideration of information presented by the student, if any, the Vice President or his/her designee will decide whether a sanction is warranted. This decision can be appealed to the Vice President for Student Affairs or President's designee, whose decision will be final.
Reporting ViolationsNotice: Once a notice is received from any source (victim, RA, 3rd party, etc), the university may proceed with a preliminary investigation and/or may schedule an initial educational conference with the responding student(s) to explain the conduct process and gather information.
Incidents report describing the alleged violation should be sent or delivered to the Assistant Vice President for Student Affairs/Administrative Officer, a designee of the Vice President for Student Affairs. The office is 208 Sheridan Hall and the telephone number is 785-628-5824.
The Administrative Officer will review the incident report. The Administrative Officer will review with the individual who has reported the incident and investigate the complaint in order to make a determination concerning whether the university will charge the student(s) with a violation of the Code of Conduct/University Policy. Students charged with a violation of the Code of Conduct/University Policy are required to attend a Student Conference.
There are three methods of reviewing incidents. The initial meeting, Educational Conference, explains the process and may serve as the informal administrative hearing. At the Educational Conference/Informal Administrative Hearing student(s) may choose to have a Hearing Panel or Administrative Hearing.
In sexual misconduct cases the Educational Conference/Informal Administrative Hearing is a private meeting with individuals at different times. Alleged victims and alleged perpetrators do not have to see each other during this meeting. These cases are heard at the Administrative Hearing level.
Educational Conference/Informal Administrative HearingIf the student is charged with a Code of Conduct violation, he or she will be sent a notice (or called when necessary) to report to the Administrative Officer in order to discuss the charges and disciplinary procedures. If the Administrative Officer and the charged student can agree upon the facts and sanctions concerning the charges, the matter will be considered initially settled and the Administrative Officer will follow up the student conference with a letter to the student. The matter will be considered resolved once the terms of the sanctions have been completed. The terms of the sanctions may range from dropping all charges to suspension (see Sanctions).
In all cases where the facts and sanctions concerning the charges cannot be agreed upon, the Administrative Officer will determine whether the student(s) facing possible disciplinary action will have their case heard by a Student Hearing Panel or an Administrative Hearing.
Student Faculty CourtThe Administrative Officer will assemble the Student/Faculty Court, which consists of five students, faculty, and staff and a Panel Chair. Members of the Student/Faculty Court and the Chair ares selected at the beginning of the Fall semester by a committee comprised of representatives from the Office of Student Affairs and the Student Faculty Court. The Administrative Officer will serve as an advisor to the panel. The hearing will consist of the following procedures:
Administrative HearingThe Administrative Officer will be the hearing official and may invite student(s), faculty, staff or other experts whose knowledge may be beneficial to serve as the hearing panel, when appropriate. The hearing will consist of the following procedures: