The
Office of Student Conduct, Rights and Responsibilities recommends
that students read the Student Conduct Code and the University Conduct System found in the Fogcutter Student Handbook which
may answer many
of the questions listed below.
1. What are my rights as a student?
As a Jesuit institution of higher education, USF
seeks to be a socially responsible learning community of high quality
scholarship and academic rigor sustained by a faith that does justice.
As such, our process is designed to afford these rights to any student
that goes through the conduct process .
2. How can I file a complaint?
Any person may file a
complaint against a student or organization for
misconduct. The complaint must be submitted to either the Residence Director of the
appropriate residential facility or to the Office of Student Conduct,
Rights and Responsibilities (UC 5th Floor). All
complaints should be submitted as soon as possible after the event
takes place.
3. What if I was not aware of a section of the Student Conduct Code or other policy and I didn't know I was breaking it?
Lack of knowledge of the Student Conduct Code or other University
policy is not an excuse for misconduct. Every
student is responsible for knowing the rules and regulations of the
University, so it is important for you to read the Fogcutter Student Handbook . If you are unsure about any
policies, ask for clarification.
4. Who hears cases and applies sanctions?
The following officials and conduct boards review and process issues of student conduct.
A. Conduct Officers
Student Housing and Residential Education (SHaRE) Staff - All Residence Directors, Assistant
Residence Directors as well as the Assistant Vice Provost for SHaRE, Associate Director and Assistant Director for Off-Campus Housing are
conduct officers. Typically, residential students will meet with a
conduct officer from their living community.
Office of Student Conduct, Rights and Responsibilities (OSCRR) - The Director, Assistant Director and the Assistant Vice Provost of Student Life are the primary
conduct officers for the entire campus. Residential students are
typically referred to OSCRR for repeat or higher level violations.
B. Conduct Boards
Student Conduct Board (SCB)-The SCB is comprised of students who
either live or have lived in University-operated housing. The SCB
meets with residential students alleged to have violated Office of
Residence Life policies.
University Conduct Board (UCB) - The UCB is comprised
of faculty, staff and students. The student members are selected from
the SCB. The UCB generally meets with
students when the potential for suspension and/or expulsion is viable
based on the severity of the allegations.
C. Appeals Officers
The Director and Assistant Director for the Office of Student Conduct, Rights and
Responsibilities arethe primary appeals officers for all cases heard by
SHaRE conduct officers while members of the UCB comprise the pool of available appeals officers for
cases heard by the Office of Student Conduct, Rights and
Responsibilities.
5. Does the University keep permanent record of my conduct history?
A
student
is considered to have a conduct record when a conduct officer
finds them
responsible for violating the Student Conduct Code or any other University
policy. Conduct files are maintained by the Office of Student
Conduct, Rights and Responsibilities for a total of seven (7) years
from the date of the incident. Conduct files that include egregious violations or violations that result in expulsion will be maintained permanently.
6. Will my involvement in the office of Community Standards and Student Conduct go on my transcript?
A notation is made on a student's transcript only when a student is expelled.
7. Is it acceptable for a lawyer to represent me?
Hiring an attorney is your choice. However, the University’s
relationship is with the student. The
University’s conduct process is designed with the
purpose that it is an educational
process which promotes the student taking on the responsibility of
managing his/her own affairs. Having
anyone else take on this role for the student detracts from the
learning opportunity for the
student. Our staff will only communicate and interact directly with the
student; we will communicate with their parent/guardian to the degree
that is
appropriate and permissible by the Family Educational Rights and
Privacy Act of 1974 (FERPA). Lawyers may not participate in the University's conduct process.
8. Who can I talk to if I have questions about the conduct process?
For
procedural
information and general advice you can talk to any staff member from
the Office of Student Conduct, Rights and Responsibilities or any Residence Director or Assistant Residence Director. The phone number to OSCRR is (415) 422-5330.
9. If I am charged under the Code of Student Conduct, could I face charges from the court system?
It
is possible to also face charges from the court system, however, our
conduct process is completely separate and
independent of civil or criminal proceedings. Our process may proceed
prior to, simultaneously with or following civil or criminal
proceedings. Additionally, our process is not subject to challenge on
the grounds that civil or criminal charges involving similar factual
circumstances have been dismissed or reduced in civil or criminal
proceedings.
10. What types of sanctions can be assessed if I am found responsible?
Sanctions may be imposed independently or in combination with other
sanctions. Sanctioning is determined case by
case, since it reflects the needs of the individual student, the
student's cumulative conduct history, and the impact of that
student's
behavior on the community and may range from a warning up to and
including expulsion - all dependent upon aforementioned factors.
11. What will happen if I don't complete my sanctions?
If a student fails to complete their sanctions a disciplinary hold will
be placed on their student account, and s/he may face
additional conduct action. Among other things, a disciplinary
hold prevents a student from registering for classes, adding or
dropping classes, receiving transcripts and receiving a diploma.
12. Will you call my parents if I am found responsible?
The
Family Educational Rights and Privacy Act of 1974 (FERPA), a federal law,
prohibits educational institutions from disclosing information from a
student's educational record to any third party, including parents,
without the student's consent. The university strictly adheres to the
provisions in FERPA, but there are exceptions in the law. Parents of a
student under 21 years of age may be notified by the university if
their student is involved in an alcohol or drug related incidents.
13. Do I have to go to my conduct meeting? What happens if I just blow it off?
If
a student fails to attend their conduct meeting a disciplinary hold will be placed on his/her student account and the case and decision may be
rendered without
the involvement of the student.
14. Can I bring a buddy to "testify" for me?
Admission of any
person to the process will be at the discretion of the conduct officer
or board chair. The complainant, the respondent, the conduct
officer or conduct boards all have the privilege of presenting
witnesses.
15. How does the conduct officer make decisions about a policy violation?
All decisions shall be made on the basis of a preponderance of the evidence, meaning it is more likely than not that the student violated the Student Conduct Code or other University policy.
16. What do I do if I think the outcome isn't fair?
A student may request an appeal on one or more of the following grounds:
- The decision is not supported by the information.
- The sanction(s) is not in line with the violation(s).
- The procedures provided in the Fogcutter Student Handbook
were not followed.
- New relevant information is avialable that was not available
at the time of the meeting.
The appeal process is a review of the process and all materials are
submitted in writing to the appeals officer. In making their request,
the student must submit a written statement in support of their appeal
which must meet one or more of the above criteria.
17. What if the incident happened off-campus?
The
Student Conduct Code and Conduct System addresses
misconduct that takes place on and off university premises as it
relates to behavior which has an adverse impact on
the University community.
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