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

Q: What is FERPA?
What is FERPA?

A: The following is from the University of Pittsburgh, www.pitt.edu/~srfsweb/frpaPgMoreFERPA.htm

The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, protects the privacy of student records. The Act provides for the right to inspect and review education records, the right to seek to amend those records, and to limit disclosure of information from the records. The Act applies to all institutions that are the recipients of federal funding. The regulations for FERPA can be found in 34 CFR Part 99.

Q: What do I do if I am called to be a witness against a student at a conduct hearing?
What do I do if I am called to be a witness against a student at a conduct hearing?

A: Make sure that you are familiar with the documentation. If you need to read it come by the office of Conflict Resolution and Student Conduct Services office (200 Lory Student Center), and we would be happy to let you look at a copy of it. Ask us any questions that you feel are necessary.

Q: Why would a student voluntarily go to the Conflict Resolution and Student Conduct Services office?
Why would a student voluntarily go to the Conflict Resolution and Student Conduct Services office?

A: This office, besides being the office that handles student conduct cases, offers a proactive conflict resolution service for students. This is a free service and one that is supported by student fees, so students are highly encouraged to utilize the service. Depending on the student’s situation, a variety of services could be provided including resource referrals, explanation of university policies/procedures, coaching on how best to handle interpersonal situations, advice/consultation, and mediation.

Below are the main tenets of this service:

• Resolve conflicts at the lowest level possible and foster non-adversarial solutions
• Assist all visitors in receiving fair and equitable treatment within the university system
• Act as an advocate for a fair process, not as an advocate for student or the university
• Listen and consider all sides of an issue in an objective and impartial manner
• Empower students/faculty and staff to solve conflicts on their own

Q: What happens if a student receives a letter requesting a hearing from Conflict Resolution and Student Conduct Services?
What happens if a student receives a letter requesting a hearing from Conflict Resolution and Student Conduct Services?

A: • If a student has received a letter from the Conflict Resolution and Student Conduct Services office, it means that s/he has been charged with allegedly violating university policy (Student Conduct Code) and a disciplinary hearing has been scheduled. The letter will list the charge(s) that have been alleged, as well as any documentation received.
• The student needs to call the office immediately (491.7165) to accept or dispute the charges as outlined in the letter.
• If the student wants to bring another person with him/her (witness, support, attorney, parent, etc.), please call the office prior to the hearing so the office can plan accordingly.
• Arrive on time (if not a few minutes early) to the scheduled appointment. Missing the appointment or being late could result in a decision being made in the student’s absence.
• Several things will happen at the conduct hearing. The alleged violation of University policy will be explained to the student, and s/he will have the opportunity to share his/her perspective on the situation. The hearing officer will then determine the facts of the case based on the information provided in the hearing and any appropriate documentation (that was also shared with the student). More information on the hearing process is available in the Student Conduct Code.

Q: What are some typical issues that could be addressed through Conflict Resolution Services?
What are some typical issues that could be addressed through Conflict Resolution Services?

A: • Interpersonal difficulties
• Faculty/student issues
• Staff/student issues
• Supervisor/employee conflicts
• Co-worker disputes
• Roommate disputes
• Inter/intra group conflicts
• Academic matters and appeals
• Disciplinary matters and appeals
• University policies and procedures

Q: Who is protected under FERPA?
Who is protected under FERPA?

A: Students who are currently enrolled in higher education institutions or formerly enrolled, regardless of their age or status in regard to parental dependency. Students who have applied but have not attended an institution do not have rights under FERPA.

Q: What do I do if I am called to be a witness for a student at a conduct hearing?
What do I do if I am called to be a witness for a student at a conduct hearing?

A: If you are a witness to the event, make sure that you are familiar with the events that transpired. If you are called as a character witness, you need to only speak about the character of the person, not about the incident in question. Please make sure the person who has asked you to be a witness has called the Conflict Resolution and Student Conduct Services office prior to the hearing to make the office aware a witness is coming to the hearing.

Q: What are the major differences between a hearing and a court trial?
What are the major differences between a hearing and a court trial?

A: • Unlike the court system, colleges are not required to hold to the standard of "beyond a reasonable doubt." The courts have realized that this standard is impractical for college disciplinary hearings, and believe that the question of a student's responsibility for violating the Student Conduct Code may be set at a lower standard. Colorado State University uses the standard of “preponderance of the evidence." Essentially, a student can be found responsible for the alleged charges if it is more likely than not, based on all the evidence, that a student is responsible for the listed charges.
• Hearings are closed.
• College and university hearings are not required to follow Federal Rules of Evidence, nor follow courtroom procedure.
• Colleges and universities may restrict the participation of legal counsel in hearings. Colorado State students are allowed to bring a lawyer to a hearing as a support person. The role of counsel is restricted to consultation only during a hearing.

Q: What are education records?
What are education records?

A: With certain exceptions, a student has rights of access to those records which are directly related to him/her and which are maintained by an educational institution or party authorized to keep records for the institution. "Education Records" generally include any records in the possession of the institution which contain information directly related to a student, with the exception of those addressed below. FERPA contains no requirement that certain records be kept at all. This is a matter of institutional policy and/or state regulation. The records may be handwritten or in the form of print, computer, magnetic tape, e-mail, film or some other medium. FERPA coverage includes records, files, documents, and data directly related to students. This would include transcripts or other records obtained from a school in which a student was previously enrolled.

Q: How do I file/write a report?
How do I file/write a report?

A: If you are a victim of a crime/violation you can write a statement and submit it to:
Conflict Resolution and Student Conduct Services

Room 200 Lory Student Center
Fort Collins Colorado 80523
970-491-7165

If you are a professor/instructor and would like to submit a report of academic dishonesty, please submit it in writing to Ronald.Hicks@Colostate.Edu or to the address above.

Q: Under what circumstances would I be called to be a witness?
Under what circumstances would I be called to be a witness?

A: If a student has an administrative hearing, and they are disputing the charges, the student as well as the hearing officer has the right to call witnesses to the hearing. This is the student’s chance to question the witness(es) against him/her and also bring witness(es) of his/her own. If you are somehow involved in the case by providing documentation (incident report, Police report, University report, etc.) or by witnessing the event, then you may be called as a witness. Your testimony about the events or about the person’s character is critical in determining responsibility and the appropriate educational response/sanctioning for the student.

Q: Will parents be informed if a student has/has had a conduct hearing?
Will parents be informed if a student has/has had a conduct hearing?

A: A student’s parent/guardian of record will be notified if s/he is under 21 years of age, is found responsible (as a result of the hearing) for a charge involving alcohol and/or drugs, and is placed on disciplinary probation. Parents/guardians normally will not receive information on any other type of violation, although it is a good idea for students to tell them and talk about what happened. In most situations a student must sign a release form to allow his/her parents access to his/her disciplinary records.

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)

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.

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.

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

A: The following is 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 491-6425.

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 will walk you through the process and all of your options.

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."

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.

Q: What if a student has charges also pending with the city/county and hasn’t gone to court yet?
What if a student has charges also pending with the city/county and hasn’t gone to court yet?

A: Because CSU’s conduct process is distinct and separate from the court’s process, the office of Conflict Resolution and Student Conduct Services (CRSCS) is able to conduct hearings with students regardless of any timeline they may be following in any court. CRSCS’ hearing officers render decisions based upon the evidence provided as well as what a student shares in his/her hearing; this decision has no bearing on a student’s responsibility in any other court and is a separate process.

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.

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.

Q: What are the rules regarding people speaking publicly in the plaza?
What are the rules regarding people speaking publicly in the plaza?

A: The following is from the Lory Student Center website in a section entitled “Specific policies on the use of LSC facilities”, www.sc.colostate.edu/mapshours.asp

Peaceful Assembly at CSU
Congress shall make no law respecting.. abridging the freedom of speech, or of the press; or the right Of the people peaceably to assemble, and to petition the government for a redress of grievances. - First Amendment to the Constitution of the United States

Peaceful assembly at Colorado State University is an acknowledged right, as published in the General Catalog. This flyer has been produced to help educate University and Community members about both the general policy as well as
specific University policies and procedures related to assembly. In addition, a paraphrase of laws relevant to rallies, demonstrations and gatherings has been included.

General Policy:
The University acknowledges the right of students and others to assemble in groups for peaceful purposes. At such gatherings, the University expects the rights and privileges of all persons to be respected and that there will be no endangerments to health or safety. Such gatherings must in no way disrupt the normal conduct of University affairs or endanger University property.

The University may, consistent with the Constitution, establish reasonable regulations regarding the time, place and manner in which persons exercise their free speech rights to the extent necessary to prevent disruption of the normal conduct of University affairs or endangerment of health and safety of persons or damage to property. Accordingly persons planning such assemblies on the University campus must coordinate their activities and plans in advance through the Lory Student Center Event Planning Office. This coordination is requested so as to prevent disruption of normal University educational activities and avoid endangering the health or safety of persons or damage to property. The sponsoring individual or group must assume responsibility for compliance with all state and municipal laws and University policies. Assistance from staff is available to help plan such events, and the assistance of University police may be requested to help with traffic or crowds.

Any act by demonstrators or groups which interferes with the rights of others, disrupts the normal functioning of the University, damages property, or endangers health or safety is grounds for suspension or dismissal from the University and/or removal from University property. In addition, such actions may also be the basis for criminal charges by law enforcement authorities. Demonstrations are prohibited in any special-use facility, classrooms, or in any instance which interferes with educational functions. Demonstrators refusing to vacate premises upon request are subject to immediate temporary suspension and arrest under applicable municipal and state laws.

Some Specifics To Consider:

LOCATION:
The Lory Student Center Plaza has been designated as the "Public Forum" space for Colorado State University--open to all individuals for the purpose of free speech; the "public forum" area does not allow for the setting up of tables, booths, etc, by non-University entities. The physical parameter of the Plaza includes: the south boundary of the Plaza is the northern most edge of the new paving stones. The west boundary is the stone seating wall and the flower beds are the east boundary. The north edge of the boundary is to the edge of the stairs on the north end.

To reserve space on the Lory Student Center Plaza contact the Event Planning Office at least 14 days in advance of the event. Reservations are made on a first-come, first-served basis. Entire Plaza reservations are limited to registered student organizations and campus departments and are restricted to 3 days total per semester.

It is the responsibility of the sponsoring organization to contact the Colorado State University Police Department at least 14 days before the event to determine if security arrangement and traffic control are deemed necessary.
Groups that have not reserved the Lory Student Center Plaza for Peaceful Assembly may be asked to reschedule based on the University's availability to safely support the event.

If students have concerns about the decisions made by the Event Planning Office, they can ask that the decision be reviewed by the Director of the Campus Activities Center. Final appeals process shall follow those established by the Lory Student Center.

AMPLIFICATION:
Amplified sound on the Lory Student Center Plaza is permitted during normal office hours of the Event Planning Office. Sound levels are not to exceed 80 decibels at any point. Due to the proximity of classrooms, offices, laboratories, and the library, an Event Planning Office staff member will closely monitor the sound level.
Signs, Placards, Etc.: Paper and/or cardboard signs are encouraged. Chalking is allowed on the horizontal concrete ground (not on paving stones or walls) and must be at least 10 feet away from any entrance of the Lory Student Center. For public safety concerns the following are not allowed: wires, rope, sticks, chains, and any object that might injure oneself or others.

RESOURCES:

To contact the Event Planning Office please call 491-0229
To contact the Colorado State University Police Department please call 491-6425
To contact the Campus Activities Center please call 491-6626

LAWS RELEVANT TO RALLIES, DEMONSTRATIONS, GATHERINGS:
The University Police Department recognizes each individual's right to freedom of expression and peaceable assembly. We further recognize our obligation under Colorado law to support the University's mission of education, extension and outreach. This information is provided so that all people involved in a demonstration or assembly may know their legal rights and obligations. If you have questions about your rights or obligations during an assembly, rally, or demonstration, please contact a member of the University Police Department for clarification prior to engaging in behaviors that may subject you to arrest or fines.
Obstructing Highway or Passageway: It is illegal to intentionally, knowingly or recklessly obstruct a street, sidewalk or building entrance or disobey a reasonable request from a peace officer or other person in authority to move from such location. (18-9-107 C.R.S.)

Disrupting Lawful Assembly: It is illegal to obstruct or interfere with a gathering or meeting by any physical action, verbal communication, or other means. (18-9-108 C.R.S.)

Interference with Educational Institutions: It is illegal to willfully deny to students, employees, or visitors: lawful freedom of movement on institutional premises; lawful ingress or egress to facilities; and lawful use of the property or facilities of the institution. It is also illegal to impede faculty or staff at an institution in the performance of their duty or to impede a student of an institution in the lawful pursuit of his or her educational activities in any way. (18-9-109 C.R.S.)
Public Buildings - Trespass, Interference: It is illegal for any person to so conduct himself at any public building owned or operated by the state, to willfully deny to any public official, public employee or invitee the right to enter and use facilities or leave such facilities. It is also illegal to impede any public official or employee in the lawful performance of their duties. (18-9-110C.R.S.)
Harassment: It is illegal for a person to: strike, shove or subject another person to physical contact; or repeatedly insult, taunt or challenge another person in the manner likely to provoke a violent or disorderly response when the intent is to harass, annoy or alarm the other person. (18-9-111 C.R.S.)
Unlawful Conduct on Public Property: It is unlawful for any person to enter or remain in any public building or on any public property or to conduct himself in or on the same in violation of any order, rule, or regulation concerning any matter prescribed in this subsection, limiting or prohibiting the use or activities or conduct in such public building or on such public property ... (18-9-117 C.R.S.)

Riot Law: Under a Colorado Law (18-9-119 C.R.PS.), a person committing certain violations or conduct may also be billed for any extraordinary expenses resulting from such violations.

Colorado recently passed a new riot law. If you are convicted of engaging in riotous behavior, the minimum penalty is immediate suspension from all state supported universities for at least 12 months. (23-5-124 C.R.S.)

NOTE: This list represents most of the appropriate laws relevant to rallies, demonstrations and gatherings. However, it is not exhaustive of all statutes.

East Plaza Space / Free Speech Zone

1. Reservations: Made in the Event Planning Office; reservations are made on a first-come-first-served basis. Recognized Student Organizations may have information tables on the Plaza for 10 days per semester. Pending available space, reservations for additional tables on the plaza can be made not more than one week in advance of an event. ASCSU candidates who campaign in the spring need to reserve Plaza space through the ASCSU office at 491-5931.

2. Sound Policy: Amplified sound is permitted on the East Plaza during normal, office hours of the Event Planning Office. Due to the proximity of classrooms, offices, laboratories and the library, an EPO staff member will closely monitor sound with a decibel meter. All amplified events on the East Plaza must be scheduled through the Event Planing Office at least two weeks in advance. The staff of the EPO will adhere to the following guidelines:

o Sound levels are not to exceed 80 decibels at any point along the inside curbs surrounding the Plaza, or at any point along the closest wall of the Engineering Building.

o For P.A. speakers that face toward the Lory Student Center, sound levels are not to exceed 80 decibels at any point along the wall of the Student Center.

o If the Lory Student Center receives a complaint of noise exceeding 80 decibels, a group may be warned once to keep their volume at 80 decibels and may be asked to leave if they do not comply.

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.

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

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 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.

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

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

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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