A complaint of misconduct is usually written by a complainant and includes specific allegations or charges of misconduct. The complaint will be discussed with the complainant and the accused during separate interviews. If there appears to be grounds for disciplinary action, it will be addressed through the appropriate procedures. If the complaint is found to be unwarranted or if there is not enough evidence to proceed, the complainant will be so advised. The complaint, relevant evidence and related charges are shared with the accused so that the accused can prepare a defense in the event of a conduct hearing. Faculty, staff, students and community members are encouraged to report incidents of misconduct. Police reports and residence hall incident reports are also used to report violations of University conduct standards.
Zero Tolerance Policy
As part of a Zero Tolerance Policy, Fredonia will take disciplinary action for every alcohol and drug related violation on campus. Fredonia will also take disciplinary action for violations reported off-campus, provided these violations have a connection to the campus. This would include violations that endanger students or may cause harm to the campus community.
Parental Notification Policy
In October 1998, Congress passed the Higher Education Amendment which permits post-secondary institutions to disclose to parents or legal guardians of students under 21, without their consent, information regarding the student's violation of any federal, state, or local law, or any rule or policy of the institution governing the use or possession of alcohol or a controlled substance. The Office of Student Affairs normally informs parents or legal guardians of any alcohol or drug violation involving students under 21.
University Judicial System
The University Standard of Behavior and University Policies are intended to promote student development and ensure an atmosphere of learning necessary to the well being of all University community members on and off-campus. Violation of University policy off-campus may be subject to disciplinary action by the University judicial process. The Office of Student Affairs implements the standards and procedures of the Judicial Board.
Any member of the University community may bring a complaint directly to the Office of Student Affairs. The complaint must be written, signed and dated. A review by the Office of Student Affairs will be initiated and if appropriate, charges will be filed. Specific procedures will be followed if a case is referred to the Judicial Board.
If a student is charged with a violation of the rules and regulations the following options exist: a student may choose an Administrative Hearing, a University Judicial Board Hearing, or an Administrative Sanction Hearing in which a student chooses to plead responsible to the charges and waives the right to a hearing. In such cases, the Office of Student Affairs will impose a sanction.
If a student, club, or organization fails to respond to the letter of charge(s) by the deadline by either pleading responsible or not responsible, Fredonia will assume a plea of not responsible. The case will be sent to an Administrative Hearing and the student, club or organization will be notified of the hearing date and time at least one week in advance of the hearing. A hold will be placed on the student's record pending the outcome of the hearing. A student hold restricts a student from registering for classes, dropping or adding classes, and obtaining an official transcript. The club or organization in question will have all privileges suspended pending the outcome of the hearing.
Administrative Sanction Hearing
In an administrative sanction hearing, the Director of Judicial Affairs meets with the accused student to hear the case. This option is usually chosen if a student pleads responsible to the charges and accepts the appropriate sanction. This option requires that the student waive their right to another hearing and to the right to appeal the decision.
Administrative Hearing
The Administrative Hearing body consists of three University faculty/staff. The Administrative Hearing board hears the case, weighs the evidence and testimony of witnesses, determines responsibility or non-responsibility of the accused and makes a sanction recommendation to the Vice President for Student Affairs. The accused student will be determined responsible or non-responsible by the preponderance of the evidence. Preponderance of evidence means evidence that would lead a reasonable person to conclude that it is more likely than not that the act in question did occur or that the fact or proposition is true.
Judicial Board Hearing
The University Judicial Board is comprised of a pool of at least twelve members. Approximately six students and six faculty/staff members are appointed for a term of one year. Members are endorsed by a subcommittee of the Student Affairs Committee and appointed by the University President. From the pool of members, the Judicial Board that would hear a case is typically comprised of at least five members. The Judicial Board hears the case, weighs the evidence and testimony of witnesses, determines responsibility or non-responsibility of the accused and makes a sanction recommendation to the Vice President for Student Affairs. The accused student will be determined responsible or not-responsible by the preponderance of the evidence. Preponderance of evidence means evidence that would lead a reasonable person to conclude that it is more likely than not that the act in question did occur and/or that the accusations are true. To proceed with a hearing, a minimum of five Judicial Board members must be present. If less than five Judicial Board members are present, the accused student must agree in writing in order to proceed with the hearing.
Procedures for the University Judicial Board
Step 1: A charge for a violation may be placed against any student by any other student or by a member of the University community by giving written notice of the charge signed by the complainant to the Office of Student Affairs.
Step 2: The Office of Student Affairs shall give notice of the specific charge(s) against the student, in writing. The notice shall clearly indicate the offense with specific reference to the violated regulation and shall indicate the time and place of the initial meeting with the Director of Judicial Affairs. If the student/organization requests a hearing, a separate notice shall be presented to the accused at least five (5) days prior to the hearing. In extreme cases, the five-day notification period may be waived if deemed necessary by the Vice President for Student Affairs.
A student may waive their right to a hearing in writing. In such cases, the Director of Judicial Affairs will consider the evidence and make a sanction decision (See Administrative Sanction Hearing). If the student does not waive their right to a hearing and does not appear for such a hearing their case will be considered by the hearing body and a decision will be rendered in their absence.
Step 3: The Office of Student Affairs shall ensure that any student charged with violating University rules or regulations has, prior to appearing before the Judicial Board, been presented with a statement defining the composition and authority of the Judicial Board.
Step 4: The Judicial Board shall examine all relevant facts and circumstances presented at the hearing. A record of the hearing shall be kept to enable review and every reasonable attempt shall be made to keep the matter appropriately confidential. All hearings are tape recorded, however in the event of equipment failure a board member(s) will take notes to ensure accurate recording of the hearing. Fredonia will not be responsible for turning tape recorded records into written transcript form. Grounds for appeal will also not be considered due to equipment failure.
Step 5: At the hearing, the student shall have a full opportunity to explain the circumstances surrounding the incident and shall be able to present pertinent evidence and testimony of witnesses. In addition, the student shall have the opportunity to ask questions of any witnesses, respond to written statements submitted against them and to respond to questions. The Judicial Board shall also have the right to call witnesses and to review materials. The student shall have the right to be assisted by an advisor and or attorney of their choice. The advisor or attorney may not participate in the hearing.
Step 6: The student’s judicial history will be withheld from the board members until a finding of responsibility has been made. If a student is found responsible for violating University policy, judicial history will be shared with the board members prior to sanction deliberation.
Step 7: The Judicial Board shall notify the student in writing of its’ final decision.
Should the final decision of a Judicial Board involve Disciplinary Warning or Disciplinary Probation, the decision made by the Judicial Board shall be final unless a timely appeal has been made to the University President or their designee. The student shall have the right to appeal to the University President or their designee in writing within five (5) days from the mailing of such notification. An appeal will be considered if there is significant new information or material relevant to the case that was not presented during the hearing, or for a claimed violation of the student’s due process rights.
In cases involving suspension or expulsion/dismissal, the Judicial Board shall recommend such action to the President of the University or their designee. If the designee’s decision is appealed, the University President’s decision shall be final.
Policies of the Judicial Board
(a) The Judicial Board shall not discuss or review matters under consideration outside of the hearing. Failure of a Judicial Board member to uphold this provision renders such member subject to impeachment procedures by the Student Affairs Committee. Impeachment shall be by a two-thirds vote of that committee. Any violation of this section shall not affect the proceedings of the Judicial Board in a determination of the case.
(b) No member of the Judicial Board shall be either a witness before the board or a person previously engaged in formulating the charge or in presenting materials relating to the case.
(c) Judicial Board records shall be filed with the Office of Student Affairs and released only with the permission of the Judicial Board, the Director of Judicial Affairs or the alleged violator. Records shall be kept for seven years.
(d) The Judicial Board may adopt bylaws not inconsistent with these rules and regulation upon the affirmative vote of not less than five members.
(e) The Judicial Board pool shall be composed of at least twelve members. Approximately six students and six faculty/staff members are appointed for term of one year. Members are nominated by a subcommittee of the Student Affairs Committee and appointed by the University President.
(f) In order to be nominated, a student must have attained sophomore status (24 credit hours). All members of the Judicial Board must have been a member of the University community for at least one semester before taking office. No student may serve if they are on academic probation at the time of the appointment. No member of the Judicial Board may be a voting member of the Student Association, University Senate, or the Student Affairs Committee.