Student Code of Conduct

Student Code of Conduct

Introduction

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of the whole student, and the betterment of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth. The University strives to maintain an educational community which fosters the development of students who are ethically sensitive and responsible persons. Thus, the primary goal for the administration of discipline under the Code is to develop ethically responsible students, as well as to protect the campus community. Those persons responsible for the administration of this Code shall make reasonable efforts to foster the personal and social growth of students held accountable for violations of this Code. The purpose of this document is to set forth the specific authority and responsibility of the University in maintaining social discipline, the educational process in determining student accountability for violating the regulations, and the proper procedures to be followed in the process which protects the accused student from unfair impositions of penalties and sanctions.

Framingham State University students are responsible for knowing the information, policies and procedures outlined in the Student Code of Conduct. The University reserves the right to make changes to this code as necessary and once those changes are posted online, they are in effect. Students are encouraged to check online at https://www.framingham.edu/student-life/community-standards/index for the updated versions of all policies and procedures.

 

Basic Premise

The University has the power and responsibility to take proper disciplinary action against students whose behavior threatens or disrupts the mission of the University. This is the general principle governing the jurisdiction of the disciplinary authorities of the University. It means that the disciplinary powers of the University extend to behavior that disrupts the educational process and other activities that are recognized as the lawful mission of the University. It also means that it extends to behavior that violates the peace and order of the University in such a manner that members of the University cannot go about their proper business secure in their persons and property. Behaviors that violate the Student Code of Conduct may also violate criminal or civil law, and as such may be additionally subject to proceedings under the external justice system. The Student Code of Conduct in no way precludes a person who incurs damage or injury from seeking redress in the civil or criminal courts. Students have responsibility for knowing and abiding by the policies of the University.

 

Authority and Responsibility

Daily responsibility for good conduct rests with the students as individuals. All members of the University community are expected to use reasonable judgment in their daily campus life and to show due concern for the welfare and rights of others. The ultimate responsibility and authority to enforce the Code resides with the President of Framingham State University. The President may, and has, delegated responsibility for the administration of the Student Code of Conduct to the Dean of Students. The Dean of Students, in turn, delegates the authority to authorized and responsible staff for the implementation and enforcement of the Student Code of Conduct. This responsibility includes formulating and implementing appropriate policies and procedures, in conjunction with other appropriate University bodies, for the consideration of conduct complaints, infractions, and the imposition of sanctions in an efficient, consistent, legal, and equitable manner which supports the University’s educational mission. All procedures followed, and decisions made, by authorized hearing officers and bodies are subject to the President’s review and final authority. The University reserves the right to take any necessary and appropriate action to protect the safety and well-being of the campus community.

The Student Code of Conduct was established in accordance with the concept of “due process.” Due process, as used herein, shall mean generally that the student will be notified of a complaint alleging any violation of the Code of Conduct; be provided the opportunity to review the complaint; and, be given an opportunity to respond to the complaint before a decision is rendered.

The University retains conduct jurisdiction over students who choose to take a leave of absence, withdraw, or have graduated, for any misconduct that occurred prior to the leave, withdrawal or graduation. If sanctioned, a hold may be placed on the student’s ability to re-enroll, conduct certain transactions and/or participate in University events. All sanctions must be satisfied prior to re-enrollment eligibility. In the event of serious misconduct committed while still enrolled but reported after the accused student has graduated, the University may invoke these procedures.

 

Definitions

♦ The term “appropriate staff” means a member of the Student Affairs staff and/or Framingham State University Police Department staff.

♦ The term “University” means Framingham State University.

♦ The term “student” means any person registered for, enrolled in, or attending any University course or program; any person admitted to the University for an upcoming semester; or, any person who, at the time of a reported incident resulting in a conduct complaint was registered for, enrolled in, or attending any University course or program or, had been admitted to the University for an upcoming semester.

♦ The term “registered student organization” means a group or association of students which has complied with the student organization requirements prescribed by the Office of Student Involvement and Leadership Development and by SGA.

♦ The term “University property” means all property owned, leased, or on loan to the University.

♦ The term “University document” means any University record, written communication, or form.

♦ The term “member of the University community” means any student, faculty or staff member, University official, members of any officially recognized University board, or any employee of the University or its contracted vendors who regularly perform work on University property.

♦ The term “University premises” or “University-related premises” means all lands, buildings, vehicles, or facilities owned, leased, supervised, or otherwise controlled by the University.

♦ The term “University-sponsored activities” is defined as any activity, on or off the University premises, which is initiated, aided, authorized, or supervised by the University, including any registered student

organization.

♦ The term “hearing officer” means a Student Affairs professional staff member or designee appointed by the Dean of Students, Vice President of Enrollment and Student Development, or President.

♦ The term “Appeal Review Officer” means a Student Affairs professional staff member or designee appointed by the Dean of Students, Vice President of Enrollment and Student Development, or President, who did not participate in the investigation or administrative review of the initial conduct complaint.

♦ The term “Dean of Students” means the Framingham State University Dean of Students or individual appointed to serve as a designee by the Dean of Students.

♦ The term “Associate Dean of Students” means the Framingham State

University Associate Dean of Students or any individual appointed to serve as a designee by the Associate Dean of Students.

Student Code of Conduct Regulations

This section establishes behavioral standards which all students of Framingham State University are expected to follow. They are made in any exercise of the powers that are an inherent corollary of the University’s duty to protect its educational purposes by setting and distributing standards of student conduct and scholarship, and by regulating the use of University facilities and premises. Students have a right to expect enforcement of these regulations. The University also has the right to expect students to abide by these regulations in a manner that benefits the responsibilities given to students as members of the University community. Knowledge of these regulations can prove most beneficial to students in utilizing and protecting their rights. It is important to add, however, that unfamiliarity with institutional regulations or rules is not grounds for excusing infractions. Students have an individual obligation to ensure that the Code of Conduct is followed by taking an active role in reporting and discussing violations with the appropriate staff, administrator, or committee when they believe an offense has occurred. The following statements constitute the official record of Student Code of Conduct Regulations at Framingham State University. Students are expected to abide by these regulations and administrators are required to enforce them. Additional rules and regulations may be promulgated from time to time. The Student Code of Conduct also applies to guests of community members. Hosts of guests may be held accountable for the misconduct of their guests.

A student who is found responsible for violation of any Code of Conduct regulation as set forth below shall be subject to the maximum sanction of Expulsion or any lesser sanction authorized by this Code:

(a) On University premises; or,

(b) In connection with University-sponsored activities on or off premises; or,

(c) Off-campus where the Dean of Students or designee determines that the off-campus conduct affects a substantial University interest which may include, but is not limited to:

-Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of any member of the University community;

-Any situation that significantly impinges upon the rights, property or achievements of self or others;

-Any situation that significantly breaches the peace and/or causes social disorder;

-Any situation that is detrimental to the educational mission and/or interests of the University; or

(d) In conjunction with behavior conducted online, via email or through other electronic medium.

The Student Code of Conduct prohibits the following behaviors:

  1. Disruption of administration, or activities by taxing campus resources as a result of unreasonable or inappropriate behavior.
  2. Disruption of classes, seminars, research projects, administration, or activities of the University willfully, or through careless disregard of the rights of others.
  3. Actual or threatened physical assault, or physical abuse or injury to persons. Threatened physical assault/abuse includes, but is not limited to, intimidation and/or conduct which threatens or endangers the physical health or safety of any person or group. Physical assault/abuse includes, but is not limited to, hitting, kicking, slapping, punching, pushing, and/or spitting on another person or persons.
  4. Violation of the University’s Sexual Harassment Policy (Please follow this link for the complete Policy- starting on page 76, Appendix 7.
  5. Threatening harm or criminal activity against persons or property.
  6. Harassment and/or abusive behavior toward persons. This includes, but is not limited to:
    • Intimidation, invasion of privacy, verbal abuse, or any conduct constituting harassment, abuse or threats to the well-being of a person or group, including, but not limited to, communication via electronic means.
    • Harassment and/or intimidation of persons involved in a campus disciplinary hearing, or of persons of authority who are in the process of discharging their responsibilities.
  7. Behavior which is disorderly or which unnecessarily infringes on the rights of individuals or groups. Such conduct includes, but is not limited to, unwelcome physical contact, boisterous conduct, and/or disorderly conduct which is unreasonable for the area, time, or manner in which it occurs.
  8. Violation of the Drug Policy. 
  9. Violation of Alcohol Policy. 
  10. Violation of Tobacco-Free Policy.
  11. Behavior or activities committed intentionally, recklessly, or negligently that either cause physical harm or endanger the health or safety of any person. This includes, but is not limited to: arson, tampering/damaging or misusing fire equipment, striking others, creating a hazard, intoxication, and other behavior which does, or could, result in harm.
  12. False reporting of an emergency including, but not limited to, activating a fire alarm without evidence of fire and/or false report of a bomb, fire, or other emergency.
  13. Possession and/or use of explosives, weapons, and/or realistic replicas of dangerous weapons without the written permission of the Chief of Framingham State University Police Department or designee. This includes, but is not limited to: firearms, fireworks, explosives, ammunition, dangerous weapons, hazardous chemicals, highly flammable or lethal substances, paintball guns, pellet guns, knives with blades in excess of 3 inches, double-edged knives, spring-loaded knives, mace, pepper spray, replica weapons, and/or used ammunition or explosive casings/shells. Any object that is used dangerously may be considered a weapon.
  14. Failure to exercise reasonable care for property. This includes, but is not limited to, damage or attempted damage, destruction, and/or defacement of University property, or the property of any person.
  15. Theft, attempted theft, or unauthorized possession of property. This includes University keys, ID cards or other FSU property and/or the property of any person or organization.
  16. Public Exposure – deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.
  17. Violation of any student conduct code regulation while on disciplinary probation; or, failure to comply with any of the restrictions, conditions, or terms of any sanction resulting from a previously held disciplinary hearing.
  18. Misappropriation or misuse of student organization and/or University funds or property. This includes, but is not limited to, overextension of the budget of a registered student organization, spending collected funds prior to proper deposit, and personal use of equipment.
  19. Computer abuse. This includes, but is not limited to, the misuse of computer accounts; the sale, distribution, or use of unauthorized passwords; the unauthorized destruction of computer files; and/or the violation of the University Acceptable Use policy ( https://www.framingham.edu/Assets/uploads/student-life/information-technology-services/_documents/acceptable-use-policy.pdf). This also includes, but is not limited to, the misuse of intellectual property – illegal file transfer of audio and video materials, and copyright violation of print words and images.
  20. Illegal gambling or betting in any form.
  21. Violation of the Hazing Policy. Hazing is defined as “any conduct . . . whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person.”
  22. Falsification. Knowingly furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification or financial instruments. Falsification may include, but is not limited to: knowingly making false statements to any University staff member in performance of his/her duties, use or possession of a false ID card or, by falsely identifying oneself as a University staff member.
  23. Misuse of University documents. Including but not limited to: forging, transferring, altering, or otherwise misusing any student fee card, identification card, course registration material, schedule card, other University identification, academic record, or any other document or record.
  24. Failure of students living off-campus at an address that is different from their permanent address to provide their local address to the Student Services Center by the end of add/drop period during their first semester at the local address, or within two weeks if the start of occupancy at the local address occurs after the add/drop period.
  25. Unauthorized use of the name or insignia of the University by individuals or groups.
  26. Unauthorized presence or entry in a University facility or University related premises, and/or the unauthorized attempted entry into a University facility or University-related premises.
  27. Misuse of University facilities. The dumping of personal trash, violation of the posting policy, or misuse of University premises in any manner is prohibited.
  28. Misuse or abuse of telephone equipment.
  29. Failure to honestly identify oneself when requested by a University staff member in the performance of his/her duties,
  30. Failure to comply with the reasonable directives of a University staff member in the performance of his/her duties.
  31. Unauthorized use or possession of keys or access cards. No one may use or possess any University key without authorization by a University staff member. No student is allowed to duplicate a University key or be in possession of more than one access card.
  32. Failure to report a violation of the Student Code of Conduct by a student who has witnessed the offense or has reason to believe that an offense has been committed. Students have an obligation to report or discuss such violations with the appropriate staff or administrator in a timely manner. Students, however, are not obligated to testify against themselves.
  33. Failure to operate a motor vehicle in a safe and reasonable manner and/or failure to abide by posted traffic regulations or campus parking and motor vehicle regulations.
  34. Discrimination-Violation of the Policy Against Discrimination, Discriminatory Harassment and Retaliation.  It starts at Section V on page 9.
  35. Any behavior which is prohibited by local ordinance or by state or federal law that also interferes with aims, purposes, activities, and responsibilities of the University and is not otherwise proscribed in the Student Code of Conduct Regulations.
  36. Violation of the Guide to Residence Living and/or Residence Hall License Agreement, where the violation in question is not otherwise proscribed in the Student Code of Conduct Regulations.
  37. Violation of the Guidelines and Policies found in the RAM Handbook or official University publications, postings, agreements, or notices, where the violation in question is not otherwise proscribed in the Student Code of Conduct Regulations.

Administration of Discipline for Violation of Student Code of Conduct

Regulations

Initiation of a Conduct Complaint

Any member of the University community may bring a conduct complaint against a student for behavior in violation of the Student Code of Conduct by submitting a written complaint to studentconduct@framingham.edu, using their official FSU email account. In order for the University to process a complaint, the complainant must submit a written incident report(s) detailing the incident(s), including:

(a) a narrative describing the incident(s),

(b) all available information on the specific date, time, and location which the alleged violation(s) occurred, and

(c) the name, address, telephone number, and e-mail address of the complainant.

Complainants are also encouraged to include the following in with their complaint whenever possible:

  1. a) any written supportive documentation related to the complaint including authenticated written statements from identified individuals with knowledge related to the complaint;
  2. b) the known names and any known contact information of parties involved in the incident;
  3. c) a listing of the alleged behaviors prohibited by the Code of Conduct.

If the complaint involves alleged discrimination, harassment, sexual or gender-harassment, domestic or dating violence, stalking or retaliation, complainants are encouraged to use the complaint form found in the University’s Equal Opportunity, Diversity and Affirmative Action Plan found at http://www.framingham.edu/student-life/shape. Hard copies are also available in the following offices: Dean of Students, University Police, and Human Resources.

These complaints will be treated as formal complaints for the purposes of this code and the University’s Equal Opportunity, Diversity and Affirmative Action Plan.

The complaint must be received within five (5) business days of the alleged violation(s) unless:

  1. a) the complaint involves unlawful behavior that may jeopardize the safety of individuals, may affect a substantial University interest, involves behavior of a continuing nature, involves behavior that has a

continuing effect, or, calls into question the accused student’s suitability as a member of the community. The Dean of Students, or designee, has the authority, at his or her sole discretion, to reasonably extend the time limit, or;

  1. b) the complaint involves an alleged violation of the Sexual Violence Policy (including sexual harassment, gender-based harassment, domestic violence, dating violence and stalking.

When a conduct complaint is submitted, the complainant(s) consent to release of both their identity and written reports or summaries of written reports to the accused student and/or other individuals involved in investigation or review of the complaint.

Individuals involved in conduct complaint proceedings, including complainants and accused students, are reminded that information introduced during conduct complaint proceedings may be subject to release

as required by law, in conjunction with related criminal or civil proceedings.

Communication Regarding Complaints: written notifications and communications regarding conduct complaints will generally be made via FSU email, although notifications may also be made by hard copy correspondence delivered to an involved party’s address of record with the University, or by other reasonable means.

Review of a Conduct Complaint

When a written complaint is received within the prescribed timeframe, or within an approved timeframe extended by the Dean of Students, or designee, an investigation and review of the complaint will be conducted to determine the applicability of cited Student Code of Conduct Regulations and whether, based on the information submitted and/or obtained through investigation, there is a reasonable basis for the complaint to be reviewed through the hearing process. The Dean of Students, or designee, at his or her discretion, has the authority to modify or dismiss all or some of a complaint if he or she determines that:

  1. a) the complaint has not been made within the proscribed timeline or an approved extended timeframe, or
  2. b) the Student Code of Conduct Regulations cited are not applicable to the complaint made, or
  3. c) that there is not a reasonable basis for the complaint to be reviewed based on the information provided.

Whenever a complaint is modified or dismissed, the Dean of Students, or designee, will notify the complainant in writing. If the University determines that the complaint is not properly filed, it will provide written notice to the complainant. The complainant(s) can request withdrawal of the complaint at any time. The Dean of Students, or designee, however, has the authority to either continue the hearing process or dismiss the complaint.

Notification of Complaint & Scheduling

When a complaint is referred to the hearing process, the accused student shall be informed of the complaint and notified of a scheduled Hearing and hearing date. Notifications are generally sent to FSU email account(s). Confirmation of delivery by the University’s email server will be considered the confirmed delivery date and time of notification when delivery is made via FSU email. Once notified of the complaint, the accused student is expected to check their FSU student email account at least once each business day until the matter is resolved, including during vacation and summer periods. Conduct complaint proceedings, including hearings, are scheduled at times designated at the discretion of the hearing officer and are based on availability of staff. Scheduled meetings, hearings, and/or conferences are generally scheduled around the posted class schedule of the accused student and complainant. Requests to schedule around work, club, sport, or other schedules are generally not approved.

Advisors

The accused student, complainant(s), and/or student witnesses may have an advisor accompany them to any scheduled conduct complaint proceeding. The advisor may be any individual of the student’s choosing who is allowed to be present on the FSU campus, except another student with a pending conduct complaint in a potentially related matter. The advisor‘s role with regard to hearings is strictly limited to directly advising and/or accompanying the student advisee or complainant to the hearing. An advisor’s presence is contingent upon following this procedure. Advisors may not: (a) address any person involved in the hearing except for the student they are advising, or  (b) disclose any student record information obtained through the student conduct process except as permitted by law. Advisors who do not comply with these requirements may be dismissed by the presiding administrator, required to immediately leave, and will not be allowed to participate in future proceedings unless authorized by the Dean of Students. In the event an advisor is dismissed from a scheduled proceeding, the proceeding will continue as scheduled. The student may request to have a different advisor, if available, for the duration of the hearing as well as for any additionally scheduled proceedings.

Hearings

Hearings are administrative proceedings which are implemented to determine responsibility and devise appropriate resolutions. A Hearing is comprised of two parts: (1) the Conference and (2) the Investigation.  For most complaints the Conference and Investigation occur within a single meeting with the Hearing Officer.

Conference

The Conference is the first step of the hearing process and is held to provide the accused student and/or complainant with information related to the complaint itself and the process through which the complaint will be reviewed. The following is covered during the Conference:

(a) the accused student is provided with an opportunity to review the written complaint,

(b) involved student(s) are informed of how to access the Student Code of Conduct,

(c) specific Code of Conduct Regulation(s) alleged to have been violated are outlined,

(d) involved students are provided an opportunity to discuss questions related to the Code of Conduct and the Hearing,

(e) students are informed that conduct complaint proceedings, and the information discussed within, are considered educational records and may be subject to disclosure in accordance with FERPA regulations in related criminal/civil actions or procedures,

(f) provide involved students an opportunity to submit authenticated written statements with identified contact information from individuals with knowledge related to the complaint, and

(g) students are provided information and can ask questions on how the pending allegations will be reviewed, how information is communicated to involved parties, and availability of the appeal process.

Prior to the Hearing, the student will be notified in writing that a complaint has been made and the Student Code of Conduct Regulations alleged to have been violated. The date, time, and location of the Hearing and the name of the presiding hearing officer will also be provided in the notification. If an accused student fails to attend the Hearing and the University has made a reasonable attempt to notify the accused student, the Investigation will be initiated immediately following the Conference. Decisions will be made, and resolutions determined, based upon available information. Sanction(s), as deemed appropriate, will be assigned. The accused student will then be issued a written Hearing Resolution notification. If the complaint involves an alleged violation of the Sexual Violence Policy (including Sexual Harassment, Gender-based Harassment, Domestic Violence, Dating Violence, Stalking and Retaliation) the complainant(s) will also have the opportunity to attend a separate Conference and will also be issued Notices of Outcome at the conclusion of the investigation.

Investigation

Investigation refers to the review of the complaint, interviews, and information gathering completed by the assigned hearing officer(s). The University reserves the right to assign more than one hearing officer to a complaint or to assign an external investigator to review the complaint. The hearing officer(s) investigates and considers information to determine the accused student’s responsibility for violations of the Student Code of Conduct. Hearings follow an investigatory model, in which hearing officers:

  • review the complaint,
  • request that the accused student respond to the complaint,

(c) review and investigate the complaint with the accused student,

(d) review and investigate the complaint with the complainant,

(e) investigate the complaint further with witnesses, involved parties, or others as deemed appropriate by the hearing officer,

(f) consider documentation, records, reports, authenticated written accounts;  additional information submitted by, or at the request of, the complainant or accused student related to the complaint; any other relevant documents,

(g) determine whether the accused student is responsible for one or more of the cited Student Code of Conduct Regulations based upon a preponderance of the evidence (determined by “what a reasonable person believes more likely than not to have occurred based upon the available information reviewed”),

(h) summarize information considered and set forth findings and rationale for findings; and,

(i) recommend sanctions to the Associate Dean of Students when a finding(s) of responsible has been determined.

The hearing officer has the authority to independently investigate and gather additional information which may be relevant and related to the complaint.  The hearing officer will audio record hearings with the complainant, accused student and any witnesses or other individuals contacted, to the extent possible.

Ad Hoc Committee

An Ad Hoc Committee Hearing is a special type of hearing which may be convened in extenuating circumstances deemed warranted by the Dean of Students. At all Ad Hoc Committee Hearings, the community member who initiated the complaint, or a designated member of the FSU Police Department or Student Affairs staff shall attend and present information relative to the complaint made. When a case is referred to an Ad Hoc Committee Hearing, the Ad Hoc committee shall be comprised of three professional staff and/or faculty members appointed by the Dean of Students or designee. The Dean of Students or designee shall also appoint a fourth member to serve as nonvoting chair of the Ad Hoc Committee; this person will chair the hearing and ensure that appropriate records are made.

Additional Hearing Guidelines:

  1. The student will be provided written notice of the date, time, and location of a Hearing, delivered not less than three (3)

business days before the Hearing, unless the accused student requests that the notification period be waived.

  1. All Hearings shall be conducted in an informal manner, and technical rules of evidence will not apply. Statements of information purported to be relevant to the complaint may be considered at the discretion of the hearing officer(s). All individuals providing such information are subject to be interviewed by the hearing officer.
  2. If requested in advance, and determined to be an appropriate and reasonable accommodation Disability Services, notices, reports and/or written materials will be provided in an alternate format.
  3. All Hearings will be held in closed session.
  4. The accused student will have the opportunity to state whether they are is “responsible” or “not responsible” for each alleged violation of the Student Code of Conduct.
  5. The accounts of individuals, other than the accused student or complainant, who are presented as having relevant information related to the complaint, may be considered by the hearing officer.
  6. The accused student and the complainant will be given the opportunity to present information from individuals purported to have relevant information related to the complaint. The hearing officer will determine and weigh the relevancy of information presented as part of their investigation of the complaint. Individuals providing information must be available to answer questions directed by the Hearing Officer or Ad hoc Committee during the hearing.
  7. All written accounts, records and/or supportive documentation presented at an Ad Hoc Committee Hearing must be provided to the Ad Hoc Committee Chair no less than 48 hours prior to the Ad Hoc Committee Hearing.
  8. The Dean of Students or designee may, at his or her discretion, approve alternative arrangements for parties to participate in an Ad Hoc Committee Hearing from separate locations provided a reasonable mechanism is arranged that allows for hearing and viewing information presented by both the complainant and the accused and allows for the Ad Hoc Committee Chair to communicate directly with involved parties remotely.
  9. Only the hearing officer may directly question the accused student, complainant or any other individual involved in any Hearing with the exception of Hearings involving alleged violations of the University’s Sexual Violence Policy.  In cases involving the latter, Advisors may participate in cross-examination as prescribed by the University’s Sexual Violence Policy.
  10. The names of individuals asked to present information at an Ad Hoc Committee Hearing must be provided in writing to the Ad Hoc Committee Chair a minimum of 48 hours in advance of the hearing.
  11. Supportive written documentation, data or information relevant to the hearing officer(s) determination of responsibility or recommendation of sanctions for violation of the Student Code of Conduct from a source who does not have direct information related to the complaint including, but not limited to (a) a character reference (for sanction recommendation consideration only) or (b) a medical or mental health provider providing unredacted supportive documentation, may, at the discretion of the hearing officer or Ad Hoc Committee Chair, be presented provided that the information submitted is signed and notarized or signed and submitted in person by the source to the hearing officer or Ad Hoc Committee Chair, submitted in a timely manner and with the agreement that the documentation’s author/source agrees to answer questions from the hearing officer or Ad Hoc Committee Chair.
  12. The accused student and complainant will be given the opportunity to respond to information presented at an Ad Hoc Committee Hearing and make a closing statement prior to deliberation by the Ad Hoc Committee
  13. If the accused student does not attend a scheduled hearing, absence shall be noted without prejudice. The hearing shall proceed at the discretion of the hearing officer or Ad Hoc Committee Chair; and, may be conducted in the student’s absence. If a complainant does not attend a scheduled hearing, the hearing may proceed at the discretion of the hearing officer or Ad Hoc Committee Chair and be conducted in the complainant’s absence. Reported direct knowledge of incident(s) by the complainant may not be considered if the complainant is not present and available to answer questions directed by the hearing officer or Ad Hoc Committee during the hearing.
  14. Hearings will be controlled in order to complete the review within a reasonable amount of time and to avoid needless consumption of time and/or repetition of information.
  15. In an Ad Hoc Committee hearing, any committee member may request to go into private session to discuss or decide a matter. This request must be supported by a majority vote. The hearing can be recessed at any time by the chair. The chair will ensure that all procedures are appropriately followed. Following an Ad Hoc Committee hearing, decisions on each allegation and any related sanction recommendations shall be made by majority vote. A tie vote will constitute a vote of not responsible. The Chair cannot vote.
  16. During summer, vacation periods, and in extenuating circumstances, the hearing officer may approve alternative arrangements for individuals to participate in hearings including, but not limited to, the use of audio or video technology.
  17. In cases where responsibility is acknowledged or determined, but prior to the determination of the sanction, the Ad Hoc committee, or hearing officer, may consider any written character references provided by the accused student.
  18. In cases where responsibility is acknowledged or determined, but prior to the determination of the sanction, the Ad Hoc committee, or hearing officer, may consider any provided written statement(s) of impact submitted by the complainant(s).
  19. Hearing officer and Ad Hoc committee deliberations and decisions will be made in private. The hearing officer or the Ad Hoc Committee Chair will notify the Dean of Students of their determination of whether the accused student was responsible for each alleged violation of the Student Code of Conduct. If there is a responsible finding, a recommendation of sanctions will be forwarded to the Dean of Students.
  20. The accused student will receive written notice outlining the hearing resolution. Unless otherwise stated, notification will be made via FSU student email. University officials with a legitimate educational interest, and/or those who can be legally notified, may also be informed of all or part of the hearing outcome.

 

Definitions of Disciplinary Actions & Sanctions

Hearing Actions

The disciplinary sanctions listed below may be imposed singly and/ or in combination upon any student found in violation of the Student Code of Conduct Regulations. The purpose of imposing sanctions includes: (a) to protect the University community from behaviors that are detrimental to the educational environment, and (b) to assist students in identifying acceptable parameters of their activities and consequences of future behaviors. The severity of the sanctions imposed is intended to correspond with the severity or frequency of violation, as well as the student’s willingness to recommit themselves to behavior in accordance with the Student Code of Conduct. Failure to complete any required sanction by the due date may result in the imposition of more severe sanctions.

  1. Expulsion

Expulsion is permanent disciplinary separation from the University involving denial of all student privileges. Expulsion shall be effective on the date of notice of Expulsion, or later if so stated in the notice. A student separated from the University by Expulsion may not enter University premises, University-related premises, attend University sponsored activities or be present on campus without securing prior approval from the Dean of Students or designee. A student expelled is not entitled to any financial refund for the semester in progress.

  1. Suspension

Suspension is a disciplinary separation from the University involving denial of all student privileges. Suspension shall be effective on the date of notice of the suspension, or later if so stated in the notice; and shall prescribe the date and conditions upon which the student may petition for readmission. No course work will be permitted in Continuing Education or the Day Division at Framingham State during the suspension. Upon readmission to the University, the suspended student will be on Disciplinary Probation for the semester immediately following this return. Conditions for readmission may include, but are not limited to: Disciplinary Probation for a specified length of time, no residence on campus, restricted visitation to specified University facilities, and/or written evaluative statements from an accredited mental health professional, medical doctor or others to review the capability of the student to function successfully at the University. Students separated from the University by Suspension may not enter University premises, University-related premises, attend University-sponsored activities or be present on campus without securing approval from the Dean of Students. A student suspended is not entitled to any financial refund for the semester in progress.

  1. Suspension Held in Abeyance

The serious nature of the violation would normally result in the student’s suspension from the University, but given extenuating circumstances, suspension is not immediately put into effect. A student found responsible for a violation of any of the same policies while on Suspension Held in Abeyance status will cause the suspension from the University for a specified period of time to be put into effect. Allegations that such a violation has occurred shall be promptly presented at a hearing, and the hearing authority shall determine whether such violation occurred and whether to impose the suspension held in abeyance. Violation of the conditions of the Suspension Held in Abeyance also constitute an independent violation the General Student Conduct Code Regulations and further sanction or sanctions may be imposed in accordance with the procedures set forth in this Code.

  1. Disciplinary Probation

A period of review and observation during which a student has been officially notified that his or her conduct is considered a serious matter and subsequent violation of University rules, regulations, or policies could result in a more severe sanction, including suspension or expulsion from the University. Disciplinary Probation is a status that may involve restrictions, conditions, or terms imposed for a definite period of time not to exceed four full semesters. Restrictions, conditions, or terms of probation may include, but are not limited to ineligibility to participate in University activities or events; required meetings with a designated member of the University staff; restrictions on access to University facilities; and change or loss of housing assignment. Restrictions, conditions, and terms will be imposed for a specific length of time not to exceed the length of probationary period except in the case of change of housing assignment. Failure to comply with the terms and conditions of the probation, or additional behavior in violation of the Student Conduct Code Regulations during the probationary period, will likely result in more serious disciplinary action. Notation of disciplinary probationary status will be on file through the Student Conduct Office.

  1. Residence Hall Restriction

Residence Hall Restriction involves removal from the University residence hall community for conduct which demonstrates unwillingness or inability to abide by Student Conduct Code Regulations or to function appropriately in the residence hall living situation. Such separation may be permanent or for a specified time period. Restriction prohibits entry or attempted entry to all or designated residence halls, including lobbies and foyers. Visitation is not permitted. Residents restricted from the residence hall are to contact their RD or the RD on Duty to make arrangements to remove personal belongings, return keys and receive mail. A student separated or dismissed from University housing for disciplinary reasons is not entitled to any refund of housing charges for the semester in progress.

  1. Restriction or Revocation of Privileges

Restriction or Revocation of Privileges is a temporary or permanent loss of privileges as an alternative to another sanction, or as a condition of a particular sanction resulting from a particular action found in violation of the Student Conduct Code. Such action includes, but is not limited to: use of a specific University facility; residence hall privileges; holding or running for an office in a campus organization; the representation of the University at any sporting event or intercollegiate function; and campus motor vehicle parking and operating privileges.

  1. Disciplinary Warning

Disciplinary Warning involves written notice to the student indicating that specific behavior or activity is in violation of the Code and that repetition of similar or other unsatisfactory behavior would likely result in more serious disciplinary action. Notation of the warning will be on file through the Student Conduct Office.

  1. Residential Review

Residential review is an action taken against a residence hall student which places his or her resident status in jeopardy. As a result of this action, the Associate Dean of Students will review the student’s Residence Hall License Agreement at the end of each semester in order to determine whether or not the individual should remain in residence. The agreement will also be reviewed if the student is found responsible for any policy violation while this is in effect. Nothing in this provision shall be deemed to prohibit the Administration of the University from terminating the Residence Hall License Agreement – whether or not a student has imposed on him or her the sanction of “Residential Review” – for reasons deemed sufficient by the Administration.

  1. Restitution

Restitution is a reimbursement for damage, destruction, required services or the unauthorized use or misappropriation of University property or the property of any person which results from a conduct violation of this Code. It may also constitute reimbursement to offset the cost of a required educational sanction. The administrative hearing officer or hearing panel will investigate and determine the amount of restitution charges.

 

  1. Special Assignments

This may be a work project or special assignment imposed either as an alternative to another sanction or as a condition of a particular sanction. An effort will be made to select an assignment that is appropriate to the offense and does not inhibit academic progress or health. Special assignments may include, but are not limited to community service; written reports; participation in co-curricular programs or counseling groups; and work in a specific campus office, building, or area. Failure to complete a special assignment by the date set will result in the imposition of more severe sanctions.

  1. Referral to the Counseling Center, Health Center and/or Wellness Education for Evaluation and Recommendation

A resolution referral of a student to the Counseling Center, Health Center and/or Wellness Education for evaluation and recommendation may be made in lieu of another sanction, or as a condition of a particular sanction. All evaluations shall remain confidential. The Associate Dean of Students may also directly refer students to an Alcohol or other Drug Education Intervention, a Substance Abuse Assessment, or other evaluations as deemed appropriate. Students may be directed to comply with the recommendations from a Substance Abuse Assessment and/or the Counseling Center. To be credited with completion of this sanction the student must provide written authorization from the staff member to confirm completion of the sanction.

  1. Reprimand

A reprimand is an official rebuke making misconduct a matter of record in University files and indicating that repetition of infractions of University regulations will result in more severe disciplinary actions.

 

  1. Appeals

Only the accused student shall be entitled to appeal the hearing resolution decision unless the complaint involves a matter covered in the Equal Opportunity, Diversity and Affirmative Action policy. More specifically, cases involving allegations of discrimination, discriminatory harassment, sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation are considered exceptions, wherein the complainant may also appeal. The appealing party shall submit a written letter of appeal to the Associate Dean or designee within five (5) days of the party’s receipt of the Hearing Resolution notification. An appeal may be transmitted electronically.

Appeals may only be submitted on the following grounds:

  • To allege a material procedural error within the investigation and resolution process that would substantially change the outcome; or
  • To consider new evidence that was not known at the time of the investigation that would substantially change the outcome.

Appeals will not be considered on any other basis. Upon timely receipt of the appeal letter, the Associate Dean shall transmit the appeal letter and associated hearing records to the Appeal Review Officer for review.

Appeal Procedures

  1. The Appeal Review Officer will conduct an initial review to determine if the appeal request meets the limited grounds

and is timely.

  1. If the appealing party has presented a timely appeal on the basis of the grounds set forth above, the Appeal Review

Officer will notify the non-appealing party that an appeal has been made.

  1. If deemed appropriate, the Appeal Review Officer will share the appeal by one party with the other party (e.g., if the respondent student appeals, the appeal is shared with the complainant) who may file a written response.
  2. If the appealing party has presented an appeal on the basis of the grounds set forth above, the Appeal Review Officer will further review the appeal and make a determination to uphold, reverse or modify the Hearing Resolution. When deemed necessary, the Appeal Review Officer or body may seek additional information and/or refer the matter back to the hearing officer, prior to making a determination.
  3. Following review of the appeal, the Appeal Review Officer will issue a written decision to the parties in which it may uphold, reverse or modify the original Hearing Resolution.
  4. All appeal decisions are final.
  1. Record Keeping & Retention

Disciplinary records are not released outside the University without written consent of the student except as stated in the Family Educational Rights and Privacy Act of 1974 as amended (see page 78). The student’s disciplinary file will be maintained as a part of the student’s educational record. The record of Expulsion shall be on file through the Office of the Dean of Students and is permanently retained. The record of all other disciplinary sanctions imposed will be on file through the Office of Community Standards. The student’s disciplinary file will be destroyed, with the exception of a record of expulsion, upon graduation with an advanced degree, or separation from the University for seven (7) consecutive years. Where a student’s disciplinary file includes involvement in an alleged violation of the Sexual Violence Policy or the University’s Equal Opportunity Plan, disciplinary records may be retained longer and in accordance with applicable Federal, State, and University retention guidelines. In the event a student with a sanction imposed upon them becomes inactive or no longer a registered student, disciplinary probation, residence hall separation, disciplinary warning and residential review periods will be continued to completion upon any re-admission to the University. Restrictions from facilities, restitution, and other assigned sanctions remain in effect.

Framingham State University
RAM Student Handbook 2023-2024
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