Conflict Resolution and Student Conduct Services

Frequently Used Terms in Hearings

  1. Conduct Hearing: This is a meeting that involves the respondent (student accused of violating the Conduct Code) and a hearing officer, who is a representative from the Conflict Resolution and Student Conduct Services office. This hearing is separate from legal proceedings. The conduct hearing is a chance to get clarifying information from the student about charges. This hearing is to determine responsibility for charges as well as appropriate educational responses and sanctions. Records of all hearings are kept in the Conflict Resolution and Student Conduct Services. These records are confidential according to the Family Educational Rights and Privacy Act (F.E.R.P.A).
  2. Educational Records/ Family Educational Rights and Privacy Act (FERPA): All enrolled and former students may have access to their educational records maintained by the University. Those individuals and agencies having access to a student's records include: school officials with legitimate educational interests; parents claiming a student as a dependent on their federal income tax; scholarship and other financial aid organizations supporting the student; organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, student aid programs, or to improve instruction; organizations carrying out accrediting functions of programs offered by the University; appropriate person(s) in an emergency; and any party designated by judicial order or subpoena, provided that, except for subpoenas and orders issued for law enforcement purposes, the University first notifies the student of the order or subpoena. her individual or organization must have a student's written consent to view or have access to the educational record.
  3. FERPA Amendments: On October 1, 1998, the U.S. Congress passed several amendments to the Family Educational Rights and Privacy Act (FERPA). Below is a summary of these amendments as they relate to advising. For those who wish for further information, a more complete document is available from Conflict Resolution and Student Conduct Services upon request. a. Disciplinary Action: Alcohol or Drug Related (Related to Section 952) If a parent contacts the University seeking information regarding a student's alcohol or drug-related disciplinary record, information will be shared by an informed, full-time staff member of the Division of Student Affairs. If it relates to University Disciplinary action, the Director of Conflict Resolution and Student Conduct Services, one of the designated University hearing officers in Housing, or the Faculty Chairperson of the Discipline Committee will respond to the call. If the infraction relates to landlord disciplinary action, involving a breach of a residential contract, the most informed full-time staff member will respond to the call. The designated staff member will share information regarding any alcohol or drug-related infraction for which a student, through a disciplinary hearing (either the University Disciplinary process or the Landlord Disciplinary process), has been found responsible. Parents seeking information regarding behaviors for which charges are pending must have their son or daughter provide written or verbal consent to the disclosure. b. Disciplinary Action: Crime of Violence (Related to Section 951) This section refers to crimes of violence or non-forcible sex offenses for which an institution determines, through a disciplinary proceeding, that a student committed a university disciplinary violation. The University may disclose final results of University Disciplinary Hearings for students who have been found responsible for violent infractions or sex offenses for any legitimate request made in writing to the Office of Judicial Affairs. This includes the name of the accused student, the violation (s) committed, and the sanction(s) imposed. Special care will be taken to safeguard the names and personally identifiable information related to any victims or witnesses. If a student is found responsible for a violent infraction or sex offense through a University Disciplinary Hearing, contact may be initiated with parents at the discretion of the University Hearing Officer. If a parent or other party seeks information prior to a finding of responsibility through the hearing process, a written release must be obtained from the accused student.
  4. Information Report: A report that is generated by a CSU staff member (typically this is completed in the Housing and Dining Services area). This report will contain the information about an incident, people present, and any other details about the incident. This incident can be a violation of policy, or can be considered information regarding suspicious circumstances to be utilized at a later time.>
  5. Police Report: A report generated by a law enforcement agency, this report will contain facts about the incident, as well as person(s) present and involved. This report can come from any police agency.
  6. Hearing Officer: The Director of Conflict Resolution and Student Conduct Services is the primary coordinator of all conduct activities. The Director is responsible for a wide range of discipline cases referred or initiated by students, faculty, administrative staff, housing units, and individuals or agencies. The Director may delegate authority for responsibilities to other staff members or faculty of the University to act as hearing officers. Hearing officers have the authority to conduct an investigation of the complaint or the violation, conduct hearings, arrange personal counseling, to require relocation in campus housing, to establish limits or conditions, and to impose sanctions or penalties including disciplinary action.
  7. Due Process: A student's right to have his/her perspective voiced in the conduct process; the entitlement of a student to proper, fair procedures as outlined in the Student Conduct Code.

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