Here are the answers to some of the question you may have if you are considering filing a complaint against a student in violation of the Student Code of Conduct. The most important thing to remember about Student Judicial Affairs at FHSU is that the emphasis is on personal development and learning.

How do I file a complaint?

There are forms available for filing a complaint in Student Affairs Office, Sheridan 208. You may get the form from any of the support staff there. You may want to make an appointment with Lisa Heath (Administrative Officer of judicial programs) to discuss the situation and possible means for resolving the matter.

You do not have to use the form to file a complaint. Instead, you may write a statement that describes what happened, being sure to include the time, place, who was involved, and as many details as you can remember.

If I decide to file a complaint, what happens next?

The Administrative Officer will review the incident report with the individual who has reported the violation. The administrative officer will decide: 1) if the report should be resolved informally or 2) if the student(s) alleged to be violation of the code should be required to attend a Student Conference.

If thedecision is to move to the student conference, the accused student(s) will receive a letter from the Student Affairs Office, informing them that they've been accused of violating the Student Code of Conduct. The letter will specifiy what part(s) of the Code they are alleged to have violated. In addition, the letter will tell them that they need to make an appointment for the Student Conference. At the Student Conference, the accused student(s) will find out in detail the specifics of the complaint.

Will the Student Affairs staff member with whom the accused student(s) meet for the Student Conference make a decision about whether they are 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 sanction(s), the matter is then finally resolved.

If the accused student does not admit the violation or if the Student Affairs staff member and the accused student cannot reach an agreement on a sanction, then the matter moves on to a hearing. The hearing will be scheduled as soon as the hearing panel can be convened.

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.

Will I have to be at the hearing?

Yes, you will need to be present at the hearing and present the information you gave in the complaint form or statement. The accused student(s) have the right to ask you questions about what you say at the hearing.

How can a student making a complaint prepare for the hearing?

These suggestions are not made in any particular order.

• 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.

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 the accused student is found in violation of the Code? Will they be automatically required to leave FHSU?

The hearing panel will develop appropriate sanctions. There a number of sanctions possible, and the accused student(s) do not automatically have to leave the University. The accused student(s) have the right to appeal the decision (see the Judicial System-at-a-Glance).

If the accused student(s) are found in violation of the Code, will that be recorded on their transcript?

No.

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.