The administrative hearing happens when the responsibility of the code violation is in dispute or facts of the incident are in question, students suspected of a code violation may elect to have the case reviewed by the Associate Dean of Students or his/her designee. The Associate Dean of Students will weigh the facts of the case and determine by a preponderance of the evidence whether the student has violated the Code. Full information about administrative hearings and disciplinary proceedings can be found in the Code on page 75.
I received an email from the Dean of Students office. What should I do?
Read the email in its entirety. There is important information in there that you do not want to miss. We urge you to meet with us so that we can go over any reports or information that were given to us so that we can hear from your perspective. Meeting with us allows us to make more informed decisions about the conduct process for that specific case. We will also be able to inform you of all your options and rights afforded to you throughout the conduct process.
What is an Incident Report (IR) and what happens if I am named in one?
Most often Residence Life staff (RAs, GHDs, and Professional Staff) as well as Public Safety file an incident report when there is an alleged violation of the code or an incident across campus. The report is passed along to the proper channels to ensure alleged conduct violations are accounted for and students remain safe and supported on campus. If you are a part of an Incident in a report, you may get an email from staff for follow up. If there is an alleged conduct violation in the report, you will go through the conduct process outlined here:
Can I appeal a hearing decision?
Yes. You have the right to appeal sanctions after an administrative hearing or campus standards committee decision is made. A decision can be appealed to a higher level if the student can demonstrate new evidence; the severity of the sanction is inappropriate; or a violation occurred in the process. Full details of the appeals process can be found in the code on page 76.
Will my parents be notified?
The Family Educational Rights Privacy Act (FERPA) grants students’ privacy of their educational records at a college or university. Your conduct record is considered part of your educational record; therefore, it will remain private. If you wish for your parents, guardians, or others to have access to these files, you can fill out a FERPA waiver in your FDU Self Service portal.
Is a conduct violation on my record forever?
The Dean of Students Office and Office of Student Rights and Responsibilities keeps a record of conduct violations within our system. We do not share that information with anyone without a waiver/FERPA waiver. There are specific instances background checks such as for law enforcement BAR association. Background checks can also occur for other entities based on the field of work you may be applying for.
What type of consequence will I get for violating the University Code of Student Rights and Responsibilities?
Sanctions imposed consider if you are found responsible, the severity of the offense, the impact of the violation on the FDU community, and other circumstances for the case. A list of possible sanctions is available in the student code on pages 73-75.
What is housing probation?
A student may be placed on housing probation if a violation is severe enough or a student has a prior history of conduct with the university. Probation is a written notice to the student that violations of the code will not be tolerated, and repeated offenses will result in more severe actions.
Why should I meet with the Office of Student Rights and Responsibilities?
If you receive an email asking to meet with us, we highly recommend that you do! We want to hear your side of the story to ensure we are making decisions that will help you to learn and grow. Our staff is also able to connect you with the correct departments and staff to ensure you are supported along your journey at FDU.
What is a Campus Standards Committee Hearing?
The Campus Standards Committee has the authority to hear cases involving alleged violations of the code under the following circumstances:
where the assistant dean of students or designee has determined that the nature of the alleged offense of because the pattern of behavior warrants special attention, suspension or dismissal may be the proper sanction if charges are substantiated
If the Campus Standards Hearing is requested by the student
The assistant dean of students or designee has determined that the nature or complexity of the facts of the case, it would be beneficial to have a hearing before the campus standards committee.
At the Campus Standards Hearing, the case against the student will be presented first by the chairperson of the Campus Standards Committee. The chairperson will offer evidence to the charges being considered, witnesses may be called, and evidence introduced. After the presentation, the student must present the defense. After the hearing, the Committee will deliberate in private. The decision of the committee must be determined by a majority. The student has the right to appeal the decision handed down by the committee, which will then be reviewed by the Dean of Students. Full details and explanation about the processes of the Campus Standards Committee Hearings are available in the Code.
What is a disengagement letter? What does it do?
Commonly referred to as a no contact order, a disengagement letter is issued when a student no longer wishes to have communication or contact with another student due to a conflict between the two individuals. A disengagement letter helps to prevent the conflict from escalating. The disengagement letter applies to both parties regardless of who requested it. The disengagement letter does not assume that either party has violated University policy but helps to prevent further escalation of a situation. If disengagement letter is issued, prohibits direct communication (verbal, written, electronic) and indirect communication (such as using a third party to communicate). Disengagement letters are in effect and can only be lifted by the Dean of Students Office. If both parties have graduated from the institution or no longer enrolled as students, the letter is no longer in effect.