Frequently Asked Questions by Students and Parents
STUDENTS
I received a letter charging me with a Student Code of Conduct offense at FLCC - what do I do now?
It is important for you to attend the disciplinary conference to begin resolving the alleged offense. The letter states the date, time, and place for your disciplinary conference. The letter also states the offense(s), a brief summary for why you are being charged, and includes a copy of the Student Code of Conduct Policy
. Please review the Code to find information regarding your alleged offense, potential sanction(s), and the judicial process.
What is a Disciplinary Conference?
The purpose of the disciplinary conference is to review the alleged offense(s), discuss your options, and advise you of the potential sanction(s) for the alleged violation(s). During the meeting, you will have an opportunity to ask questions and receive information about the student disciplinary process. You will also have an opportunity to state whether or not you take responsibility for the incident. If you are found responsible, based on the information in the file and the information you provide during your conference, there are various sanctions that could be imposed.
What types of sanctions can be imposed in my case?
Sanctions are impacted by the seriousness of the incident and if there are prior student disciplinary incidents. There is a range of sanctions used by the Office of Judicial Affairs, from a written warning to an alcohol/drug assessment to disciplinary probation to disciplinary dismissal from FLCC. If damage to property is involved, restitution may be required as a part of the sanction plan. This list is not inclusive of all sanctions. Please refer to the Student Code of Conduct Policy for a complete list of sanctions.
What is the purpose of sanctioning students who have violated the Code of Conduct?
The purpose of sanctions is to provide students with an opportunity to learn from experience and bring greater awareness of the impact of choices on themselves, others, and the FLCC community. Sanctions are the outcomes resulting from a violation in which a student is found responsible for violating the Code of Conduct. Included among the purposes of the judicial process are promoting good citizenship, respect, honesty, and decency, and with proper regard for the rights of others and addressing behaviors that interfere with or threaten the welfare of the College community.
Will I be suspended or dismissed from FLCC for this incident?
If suspension or dismissal from FLCC is a potential sanction, it will be stated in the letter notifying you of the disciplinary conference and during the disciplinary conference.
What is the standard used to determine if I am responsible for violating the Code of Conduct?
The standard of evidence used to determine responsibility is the preponderance of evidence. That is, is it “more likely than not” that you violated the policy.
What happens if I refuse to attend the disciplinary conference?
Refusing to attend a scheduled meeting may result in an additional offense, Failure to Comply. Consequently, you would be jeopardizing your enrollment at FLCC by failing to respond to a reasonable request. In some cases, failing to attend a disciplinary conference may result in placing a “hold” on your student account. The “hold” will prohibit you from changing your course schedule, registering for future courses, and obtaining transcripts until you complete the disciplinary process.
Can I have my mom, dad, or an advisor present at the Disciplinary Conference?
No, the disciplinary conference will be conducted in private with the conduct officer and involved student only.
Will anything appear on my academic transcript due to this incident?
Individual student disciplinary records are kept confidential, and nothing from them appears on a student's academic transcript. However, hazing and other serious violations of the Student Code of Conduct, especially conduct which leads to the death or serious physical injury to another person, may result in a permanent transcript notation (PTN). A PTN will appear on your official academic transcript as a grade of AW (administrative withdrawal for disciplinary reasons) for the semester in which the sanction is imposed.
Do you notify my parents/guardians about my alleged offense?
Disciplinary files are protected under a federal law called the Family Educational Rights and Privacy Act (FERPA). FLCC does not generally disclose information regarding disciplinary conferences/hearings with parents/guardians without your written permission to do so. However, if a student is found responsible for a second violation of the alcohol/drug offense, the student’s parent(s)/guardian will be notified.
Will the conduct officer be aware of any prior offenses?
Prior offenses are only considered in sanctions if a student is found in violation of College policy for the present incident. It is not considered when making determinations regarding students' responsibility for an offense.
What should I do if I have also been charged criminally? Isn't this double jeopardy?
The FLCC judicial process is separate from the criminal court proceedings. If you've already been to court for the alleged incident, then you may have fulfilled your obligation to any violation of local, state, or federal law. You have not, however, met your obligation for FLCC policy. Even if the courts found you "not guilty" or determined there was not sufficient evidence to hear your case in court, you must still meet with the conduct officer to resolve the matter with the College.
Can FLCC take judicial action if the incident took place off-campus?
Yes, conduct off-campus which violates the Code is subject to disciplinary action. Students are subject to the Code of Conduct during academic terms for which they are enrolled, during breaks, between semesters, during college holidays and vacations, and during periods of suspension.
What can I do if I do not like the conduct decision made at the end of my disciplinary conference?
All students have the right to appeal any decision by a conduct officer. There are specific criteria upon which an appeal may be filed. If the sanction imposed did not result in suspension, dismissal and/or a permanent transcript notation, you may appeal to the Associate Vice President of Student Affairs. If the sanction imposed involves suspension, dismissal and/or a permanent transcript notation, you may appeal to the Disciplinary Board. The appeals process is clearly outlined in the Student Code of Conduct Policy.
How long are judicial files kept in the Director of Community Standards’ Office?
Judicial files are normally maintained in the Office of Community Standards for a period of seven (7) years, after which the file records may be purged. Cases involving disciplinary suspension, disciplinary dismissal, and permanent transcript notation will be retained permanently.
Why is there a hold on my transcripts and/or course registration?
There are two primary reasons you may have “hold” on your student account from the Office of Judicial Affairs: (1) failure to complete the disciplinary process or respond to a letter from the Office of Community Standards and (2) failure to complete sanctions as a result of a previous judicial decision. To address the hold and make arrangements for it to be released, please contact the Office of Judicial Affairs at (585)785-1554.
What types of issues or cases does the Office of Community Standards have responsibility for resolving?
The Office of Judicial Affairs is responsible for reviewing and resolving all reports of alleged offenses regarding academic misconduct and various other behaviors, including but not limited to, Physical or Mental Abuse or Harm to Others, Possession or Use of Dangerous Weapon, and Unlawful Possession of Alcohol and/or Other Drugs. This list is not inclusive of all offenses. Please refer to the Student Code of Conduct Policy for a complete list of offenses. When a report is received, a judicial officer determines how the case will be processed based upon the allegation and evidence presented.
Parents
How will I know if my student is facing College disciplinary action?
Generally, the only way you will know if your student is facing disciplinary action will be if your student shares that information with you. Communicating with your student about how they are doing academically and socially is a helpful method of showing your student that you are supportive and concerned with their progress and adjustment to college life.
Can I be present during my student's disciplinary conference?
No, the disciplinary conference will be conducted in private with the conduct officer and involved student only.
How can I best support my student in this process?
The most important way you can help your student is by being supportive while holding them accountable for their decisions if they were involved in the alleged incident. You can also help identify and encourage them to seek resources for intervention opportunities regarding alcohol or drug use and abuse, anger management, and others so that your student can be successful at FLCC. Finally, allow and expect your student to make the necessary arrangements to have this matter resolved. This includes attending meetings and completing sanctions. When family members intervene and "take over" it is not generally educationally beneficial for the student or for effectively resolving the matter.
What records does FERPA (Family Educational Rights and Privacy Act) cover?
With few exceptions, FERPA protects the privacy of all students' "education records." Education records are defined as any records which are directly related to a student and are maintained by an educational agency or institution. Common examples of student records protected by FERPA include grade reports and disciplinary files.
Where else can I find helpful information about student conduct?
You may choose to read the College’s Student Code of Conduct Policy in addition to "The Student Conduct Process: A Guide for Parents"
, published and endorsed by the Association for Student Community Standards .