Conflict Resolution and Student Conduct Services

Additional Questions

 


Q: What is not included in an education record?
What is not included in an education record?

A: • sole-possession records or private notes held by educational personnel which are not accessible or released to other personnel

• law enforcement or campus security records which are solely for law enforcement purposes

• records relating to an individual's employment by the institution (unless employment is contingent on student status)

• records relating to treatment provided by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional and disclosed only to individuals providing treatment

• records of an institution which contain only information about an individual obtained after that person is no longer a student at that institution (i.e., alumni records)
 

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Q: What does it mean to dispute the charges?
What does it mean to dispute the charges?

A: If a student feels that the charges listed in his/her hearing notification letter are not accurate and that s/he is not responsible, the student may dispute the charges. In the hearing, the hearing officer will ask the student to discuss why s/he feels that s/he is not responsible for the listed charges and then will make a determination regarding the student’s responsibility. The student may dispute the charges by calling Conflict Resolution before the scheduled hearing or by indicating this to the hearing officer during the conduct hearing.
 

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Q: What happens once I arrive at the hearing?
What happens once I arrive at the hearing?

A: Once you arrive, a staff member will escort you to a room with other witnesses that are either against or for the student (these are two separate rooms). When it is your turn to provide information, a Conflict Resolution staff member will bring you into the hearing room. The hearing officer will ask you about the details of the event or to talk about the student. It is your responsibility to answer honestly and provide as much information as possible. The respondent (student accused of violating the Conduct Code) will then have the opportunity to question you. The hearing officer will not allow any inappropriate questions. Remember that you are not the one being accused. Your presence is only to clarify details of the incident or to provide information about the character of the student.
 

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Q: What should I do if I someone is stalking me?
What should I do if I someone is stalking me?

A: From the 2005 Safety Update.

Stalking, which is a crime in Colorado, is on the rise in many academic settings. It is generally defined from a legal standpoint as “willful, malicious, and repeated following and harassment combined with a credible threat intended to cause victims to be in fear for their safety.” Phases of stalking can include a number of behaviors. They range from mental obsession or preoccupation with a person; to gathering information about that person from their mail (print or electronic), trash, or friends, and family; to harassing the victim via phone or internet or by following or pursuing the victim either from a distance or up close.

If you believe you are being stalked, let someone know. Document all activities related to the person who you believe may be stalking you and report the incident to the police. Don’t discount the situation and ignore the “red flags.” Trust your judgment. If a situation doesn’t feel right, ask for help!

You can reach the CSU Police at 970.491.6425. 

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Q: I’ve been accused of cheating. What are my options?
I’ve been accused of cheating. What are my options?

A: The Academic Integrity section of this website provides information on this topic. 

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Q: Am I required to show up as a witness against a student? What might happen if I do not appear?
Am I required to show up as a witness against a student? What might happen if I do not appear?

A: You are not required to act as a witness in a University conduct hearing. (Remember, however, that a city/county court process may require you to act as a witness).

If you are a Resident Assistant, Residence Director, or Assistant Residence Director, it is part of your job obligations to serve as a witness for the office of Conflict Resolution and Student Conduct Services if needed. Failing to appear for a hearing will result in the notification of Residence Life. They will determine the appropriate action from that point. Also, if you do not appear as a witness against a student, it could be cause for the case to be dropped and the student to be found “not responsible." 

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Q: What documents can be removed from an education record before the student views the record?
What documents can be removed from an education record before the student views the record?

A: • any information that pertains to another student
• financial records of the student's parents
• some confidential letters and statements of recommendation under conditions described in FERPA section 99.12 or University Policy 09-08-01.
 

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Q: What is directory information?
What is directory information?

A: Institutions may disclose information on a student without violating FERPA through what is known as "directory information". This generally includes a student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized sports and activities, weight and height of athletes, dates of attendance, degrees and awards received and other similar information. Each institution is required to annually notify students in attendance of what constitutes directory information. This notice must also provide procedures for students to restrict the institution from releasing his/her directory information.
 

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Q: What happens after a hearing?
What happens after a hearing?

A: After a student has had a conduct hearing, the hearing officer will make a decision regarding the responsibility of the student related to the listed charges. The hearing officer will determine if the evidence meets the “preponderance of evidence” to hold a student accountable and then will write a follow-up letter to be sent to the student indicating this level or absence of responsibility. This letter will also contain any appropriate educational sanctions assigned to the student including a level of discipline that might be assigned. More information on potential outcomes can be found in the Student Conduct Code.
 

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Q: Will being found responsible for a violation of the Student Conduct Code affect my ability to study abroad?
Will being found responsible for a violation of the Student Conduct Code affect my ability to study abroad?

A: When students want to study abroad and have a disciplinary record, the Office of International Programs requests information from the office Conflict Resolution and Student Conduct Services (CRSCS). International Programs would be provided with information regarding the nature of the incident in which you were involved and what type of sanctions you received following a disciplinary hearing, such as if you were placed on probation. A meeting with you, International Programs, and CRSCS may be arranged. Ultimately, International Programs will make the decision as to whether you can study abroad or not.
 

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Q: Who would generally be permitted access without the student's written consent?
Who would generally be permitted access without the student's written consent?

A: • school officials who have "legitimate educational interests" as defined in the University's annual FERPA notification
• parents of a "dependent student" as defined by the Internal Revenue Code
• the issuer of a judicial order or subpoena which allows the institution to release records without the student's consent, however, a "reasonable effort" must generally be made to notify the student before complying with the order

 

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Q: Why do I have to go to Conflict Resolution if I receive a violation at a football game at Hughes Stadium?
Why do I have to go to Conflict Resolution and Student Conduct Services if I receive a violation at a football game at Hughes Stadium?

A: Conflict Resolution and Student Conduct Services provides an expedited response to dealing with inappropriate student behavior at football games. We found that the usual approach involving waiting for reports to be processed and then hearing notices mailed, involved too much time particularly if we wanted to intervene with problem behavior before the next football game. Students contacted by the police either for state or municipal law violations or infractions related to university or stadium rules would receive a notice at the time of their “booking” at the stadium. The notice requires them to appear in Conflict Resolution and Student Conduct Services within a few days following the game. Football game management then forwards all game reports immediately to Conflict Resolution and Student Conduct Services for processing. Students involved in more serious infractions or who have a prior record will have a hearing scheduled. The student receives the full hearing notice when they appear in the office on the designated day. Students with minor infractions and no prior record are issued formal warnings and must complete either the alcohol/drug education class or Ethics workshop. In general, students have viewed the stadium as much more connected to the rest of their lives at the university and see immediate response and consequences for problem behavior at the stadium.
 

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Q: When do you need consent to disclose personally identifiable information from an education record (including transcripts)?
When do you need consent to disclose personally identifiable information from an education record (including transcripts)?

A: With specific exceptions (listed below), a signed and dated consent by the student must be provided by the student before any disclosure is made.

The written consent must:

• specify the records that may be disclosed
• state the purpose of disclosure
• identify the party or class of parties to whom the disclosure may be made

 

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Q: What is 'personally identifiable information'?
What is 'personally identifiable information'?

A: • the student's name
• name of the student's parent or other family members
• address of the student or student's family
• a personal identifier, such as a social security number or student number
• a list of personal characteristics that would make the student's identity easily traceable
 

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Q: When is the student's consent not required to disclose information?
When is the student's consent not required to disclose information?

A: The exceptions are:
• to University faculty, staff, and administrators with a legitimate educational interest
• to parents of a "dependent student"
• to Federal, State and local education authorities involving an audit or evaluation of compliance with education programs
• in connection with processing Financial Aid
• to organizations conducting studies for, or on behalf of, educational institutions
• to accrediting organizations
• to comply with judicial order or subpoena
• health or safety emergency
• directory information
• to the student
• results of disciplinary hearing to an alleged victim of a crime of violence

Requests to disclose should always be handled with caution and approached on a case-by-case basis.
 

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