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Frequently Asked Questions
 
What is the purpose of Student Conduct and Conflict Resolution?

The mission of Student Conduct & Conflict Resolution is to promote concepts of respect, civility, fairness, and conflict resolution on campus by enforcing community standards (FIU policies, federal, state, and local laws) and holding students accountable for their behavior in a fair, yet developmental manner, through the involvement of the campus community and educational development of students.

Where can I find the Student Code of Conduct?

The Student Code of Conduct is located in the FIU Student Handbook. All new students are given a Handbook during orientation. Additional copies may be available in the Campus Life office in GC 2240.

What is Due Process?

Due process ensures fairness in disciplinary procedures. Due process includes: written notice of hearings, notice of alleged charges, and evidence against a student, the opportunity for students to present evidence on their own behalf, and written notice decisions.

What are my rights if I am charged with a violation of the Student Code ofConduct?  

See Student Rights

To whom does the Student Code of Conduct apply?

The Code of Conduct applies to all students, as defined in section 5(g) of the Code of Conduct. The term “student” refers to any person who participates in any course or program of Florida International University, either full-time or part-time, whether degree-seeking or non-degree seeking. Persons who withdraw after allegedly violating the Student Code of Conduct, persons who are not officially enrolled at the University for a particular term but who have a continuing relationship with the University, and persons who have been notified of their acceptance for admission are considered “students” as well as persons who are living in the residence halls but are not enrolled at the University. The Student Code does apply to all locations of the University as well as to all locations where a University course or program is being conducted, including foreign locations such as in study abroad programs. The term “Student” will also refer to student clubs, groups and organizations.

If an incident is being handled in the courts, may the University also take action?

Yes, Student Conduct and Conflict Resolution handles cases independently of the criminal process. Thus, a student arrested for an offense, may go both to court and through the university student conduct process. This is considered dual jurisdiction and not a form of double jeopardy. The University will not wait for a case to be adjudicated by the court system and proceed to process the case through the student conduct process.

Is a hearing the same thing as going to court?

No. The university student conduct process only hears cases involving alleged violations of the Student Code of Conduct. Student Conduct and Conflict Resolution procedures do not parallel criminal ones.

Does a student who has been charged with a violation of the Student Code  of Conduct need an attorney?

A charged student has the right to the accompaniment by an advisor of the student’s choice and at the student’s expense. The advisor must be a member of the University community. The charged student (and when applicable, the alleged victim) is responsible for presenting in person his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct process. Although students may consult with their advisor during the hearing, this consultation must take place in a manner that does not disrupt the proceedings. The advisor chosen by the student cannot be a witness in the matter. The advisor cannot be an attorney, except that an attorney may serve as an advisor when the charged student is also the subject of a pending subsequent criminal matter arising from the same incident, provided that the attorney must comply with the same restrictions as any other advisor. Postponement of meeting or hearings will usually not be allowed due to the unavailability of an advisor.

What is an information session and am I required to attend?

A charged student will receive a letter from Student Conduct and Conflict Resolution outlining the allegations and alleged violations of the Student Code of Conduct. This letter requests that the charged student meet with either the Coordinator or Director of the office to discuss the student conduct process. The information session is designed to provide students with information about the student conduct process, the hearing options and answer procedural questions. At this time, the student will be asked to elect which option they would prefer to have their case handled. If the student does not attend the information session and does not communicate with our office, a student conduct committee will automatically be scheduled.

Are student's interaction with the university student conduct system kept  confidential?

Yes. The Family Educational Rights and Privacy Act makes a student disciplinary record part of the educational record. The University will not release or permit access to educational records and personally identifiable information kept on a student except as otherwise permitted by law and this rule. The record may be accessed by the student, the parent of a minor student, with the student's authorization, or in response to a court order. This educational record may also be shared with other members of the academic community with a legitimate need to know. Decisions resulting in dismissal and expulsion will be noted on the student academic transcript.

What will happen if I am found responsible for a violation of the Student Code of Conduct?

If you are found responsible for violating the Code of Conduct, you will be assigned sanctions, which could include both educational and punitive sanctions. Please refer to the "Sanctions" portion of this website for a listing of possible sanctions. FIU does not have pre-determined sanctions for violations. This means that each case will be handled individually and a decision will be made based on the circumstances of the cases as well as maintaining consistency within the process.

How will having a disciplinary record affect an FIU graduate's employment or  choice of graduate schools?

As previously indicated, disciplinary records are part of the educational record and are not released without the student's authorization or as the law permits. Many graduate schools (law school, medical school, dental schools) and employers (FBI, Secret Service, CIA, State Department, etc. ) will request a background check of your disciplinary record.

Do student disciplinary records appear on academic transcripts?

Only cases resulting in suspension or expulsion will be noted on the academic transcript. Suspension will be noted on the academic transcript for the duration of the suspension period only. An expulsion will be permanently noted on an academic transcript.

If an incident occurs off-campus, can charges be brought under the Student Code of Conduct?

With regard to off campus conduct, the University reserves the right to impose discipline based on off-campus conduct if, for example:

  • The off-campus conduct is specifically provided by law or the Student Code as subject to University discipline;
  • The off-campus conduct demonstrates that the continued presence of the student on campus presents a danger to the health, safety, or welfare of the University community, is disruptive to the orderly conduct, processes and functions of the University, or is intimidating or threatening to the University community or member of the University community; or
  • The off-campus conduct is of such serious nature that it adversely affects the student’s suitability to remain a part of the University community.

Will the student conduct committee be aware of a student's previous history?

The committee is not made aware of a student's disciplinary history during the hearing unless it is relevant to the specific allegations. The committee will be informed of the student's prior conduct record if a student has been found responsible for violations of the Student Code of Conduct, and may use this information in the development of sanctions.

What if I disagree with the decision that is made?

You have the right to appeal a decision. Please see the "Appeal Process" section of this website for specific information about the appeal process and to obtain an appeal form.

If you have additional questions please feel free to stop by the Office of Student Conduct and Conflict Resolution in GC 311.

 
 
 
Contact Information
University Park Campus
Graham Center Room 311
11200 SW 8th Street
Division of Student Affairs
Florida International University
Miami, FL 33199
Phone (305) 348-3939
Fax (305) 348-6477
Copyright © Student Conduct and Conflict Resolution, 2008.
All rights reserved. | Developed by Ricardo Mena