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Student Conduct & Conflict Resolution |
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Student Rights and Responsibilities Victim Rights/ Witness Information Admissions Clearance Committee Dean Certifications and Student Verification
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What is the purpose of Student Conduct and Conflict Resolution? The mission of Student Conduct & Conflict Resolution is to promote concepts of respect, civility, fairness, and conflict resolution on campus by enforcing community standards (FIU policies, federal, state, and local laws) and holding students accountable for their behavior in a fair, yet developmental manner, through the involvement of the campus community and educational development of students.
Where can I find the Student Code of Conduct? The Student Code of Conduct is located in the FIU Student Handbook. All new students are given a Handbook during orientation. Additional copies may be available in the Campus Life office in GC 2240.
What is Due Process? Due process ensures fairness in disciplinary procedures. Due process includes: written notice of hearings, notice of alleged charges, and evidence against a student, the opportunity for students to present evidence on their own behalf, and written notice decisions.
What are my rights if I am charged with a violation of the Student Code of Conduct? The charged student has the
right to: allegations upon which the charge is based.
(b) An opportunity to review all information in her/his judicial file prior to a hearing.
(c) An opportunity to present relevant evidence and information on her/his behalf, including presenting witnesses and/or signed, written statements. Witnesses must be able to speak to the incident in question only; character witnesses or witnesses to other incidents outside the specific incident in question will not be allowed to testify at a hearing but may provide a written statement. The names of all witnesses must be provided in writing to the appropriate hearing body at least three (3) regular business days prior to the hearing. The University also has the right to review any information the student intends to use at least three (3) regular business days before the student disciplinary proceeding. (d) Cross examine witnesses as circumstances permit. Appropriate witnesses may be called by the University to all formal hearings. Those witnesses who appear may be cross-examined by the charged student. If called witnesses do not appear, their written or taped statements will be considered by the hearing body. Student witnesses, called by a hearing body, who fail to appear at the hearing, will be charged with a violation of the Student Conduct Code.
(e) Accompaniment by an advisor of the student’s choice. The advisor may not serve as a witness or represent the student before the hearing body; the student must speak for himself/herself (For exemptions, see Section (18), Auxiliary Aids and Services).
(f) Not provide self-incriminating testimony. Choosing not to do so does not constitute an admission of responsibility. However, absent such testimony, the hearing body may lend more weight to written documents and testimony of witnesses. This protection from self-incrimination does not extend to student or Greek organizations.
(g) Notification of the decision of the hearing in writing. All hearing decisions will be communicated in writing (also verbally at the discretion of the hearing body) to the charged student and will include the hearing decision, sanctions imposed (if applicable), and the right to appeal.
(h) Appeal the decision, in writing, within seven (7) calendar days of the receipt of the hearing decision. See Section (15), Appeals.
(i) If the charged student fails to appear at the scheduled hearing, the hearing will be held in the student’s absence.
To whom does the Student Code of Conduct apply? The Code of Conduct applies to all students, as defined in section 5(g) of the Code of Conduct. A student is defined as "The term 'student' refers to any person who participates in any course of program in any school, division or unit of Florida International University, any person admitted to the University and present on campus for the purpose of participating in any University course or program, or any person who has participated in any course or program at the University and continues to be associated with the University because he/she has not completed the course or program in which he/she was enrolled. The term 'student' will also refer to student clubs, groups and organizations.
If an incident is being handled in the courts, may the University also take action? Yes, Student Conduct and Conflict Resolution handles cases independently of the criminal process. Thus, a student arrested for an offense, may go both to court and through the university judicial process. This is considered dual jurisdiction and not a form of double jeopardy.
Is a hearing the same thing as going to court? No. The university studednt conduct process only hears cases involving alleged violations of the Student Code of Conduct. Student Conduct and Conflict Resolution procedures do not parallel criminal ones.
Does a student who has been charged with a violation of the Student Code of Conduct need an attorney? No. However, a student who has a hearing before the student conduct committee or an administrative hearing may have an advisor present. The advisor may not represent the charged student, only advise them. The advisor may NOT address the hearing office or committee. The student must speak for him/herself. An advisor can be anyone the charged student chooses, such as a friend, parent , attorney or family member.
What is an information session and am I required to attend? A charged student will receive a letter from Student Conduct and Conflict Resolution outlining the allegations and alleged violations of the Student Code of Conduct. This letter requests that the charged student meet with either the Coordinator or Director of the office to discuss the student conduct process. The information session is designed to provide students with information about the student conduct process, the hearing options and answer procedural questions. At this time, the student will be asked to elect which option they would prefer to have their case handled. If the student does not attend the information session and does not communicate with our office, a student conduct committee will automatically be scheduled.
Are student's interaction with the university student conduct system kept confidential? Yes. The Family Educational Rights and Privacy Act makes a student disciplinary record part of the educational record. The University will not release or permit access to educational records and personally identifiable information kept on a student except as otherwise permitted by law and this rule. The record may be accessed by the student, the parent of a minor student, with the student's authorization, or in response to a court order. This educational record may also be shared with other members of the academic community with a legitimate need to know. Decisions resulting in dismissal and expulsion will be noted on the student academic transcript.
What will happen if I am found responsible for a violation of the Student Code of Conduct? If you are found responsible for violating the Code of Conduct, you will be assigned sanctions, which could include both educational and punitive sanctions. Please refer to the "Sanctions" portion of this website for a listing of possible sanctions. FIU does not have pre-determined sanctions for violations. This means that each case will be handled individually and a decision will be made based on the circumstances of the cases as well as maintaining consistency within the process.
How will having a disciplinary record affect an FIU graduate's employment or choice of graduate schools? As previously indicated, disciplinary records are part of the educational record and are not released without the student's authorization or as the law permits. Many graduate schools (law school, medical school, dental schools) and employers (FBI, Secret Service, CIA, State Department, etc. ) will request a background check of your disciplinary record.
Do student disciplinary records appear on academic transcripts? Only cases resulting in suspension or expulsion will be noted on the academic transcript. Suspension will be noted on the academic transcript for the duration of the suspension period only. An expulsion will be permanently noted on an academic transcript.
If an incident occurs off-campus, can charges be brought under the Student Code of Conduct? Jurisdiction under the Code applies to the conduct of any student or student organization that occurs on University premises. However, the University reserves the right to impose discipline based on any student conduct, regardless of location, that may adversely affect the University community.
Will the student conduct committee be aware of a student's previous history? The committee is not made aware of a student's disciplinary history during the hearing unless it is relevant to the specific allegations. The committee will be informed of the student's prior conduct record if a student has been found responsible for violations of the Student Code of Conduct, and may use this information in the development of sanctions.
What if I disagree with the decision that is made? You have the right to appeal a decision. Please see the "Appeal Process" section of this website for specific information about the appeal process and to obtain an appeal form.
If you have additional questions please feel free to stop by the Office of Student Conduct and Conflict Resolution. Brochures regarding the student conduct process and general information about Student Conduct and Conflict Resolution are available for you to pick up in GC 155.
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