FAQ's about the Student Discipline System
Information for Students Involved in the Student Discipline System
WHAT ARE MY RIGHTS DURING THE CONDUCT PROCESS? DO I HAVE ANY?
Of course you do!! Students charged with alleged violations of policy will be entitled to:
- Written notice of charges
- The name of the person(s) completing the incident report
- A copy of the incident report (upon request), the time and place of the administrative or conduct board hearing
- The names of all witnesses who will testify
- The fact that failure to appear for the hearing will result in the hearing being conducted in the charged student's absence
- The fact that the charged student may provide the names of witnesses who will appear on his/her behalf.
- The fact that the charged student may request additional information about the judicial process and consideration on appeal
- Opportunity to present his/her case
- Question the person completing the incident report and witnesses
- Present witnesses on their behalf
- Not answer any questions or make any statements during an administrative or conduct board hearing. Such silence will not be used against the charged student, however, the outcome of the disciplinary hearing will be based upon the testimony (or lack thereof) presented during the hearing
- Be advised by an advisor, who will be a member of the FSC community
- Be advised by an attorney where there are criminal charges that have arisen or may reasonably be expected to arise
- Be informed in writing within three (3) class days of the decision (barring unforeseen circumstances)
WHAT'S THE DIFFERENCE BETWEEN ADMINISTRATIVE HEARINGS AND CONDUCT BOARD HEARINGS?
Administrative Hearing: comprised of the accused student, documenter, alleged victim and witnesses. The case is heard by an administrative hearing officer (usually the Director of Student Conduct, or his/her designee).
Conduct Board Hearing: comprised of the accused student, documenter, alleged victim and witnesses. The case is heard by a board of students, faculty and staff.
WHAT HAPPENS AT A HEARING?
Introductions:
Reading of the Charges.
The hearing officer will read the charges and the incident report to the accused student and asks the accused student if he/she understands the charges.
Opening Statement.
The accused student may make an initial statement.
Testimony.
The hearing officer will invite the documenter, alleged victim and witnesses into the hearing individually to testify about the incident. In cases of sexual assault, the alleged victim will have the opportunity to testify and be questioned in a closed taped session. The hearing officer will invite the accused student's witnesses and character witness into the hearing individually to testify.
Questioning.
The hearing officer or Conduct Board members may ask questions and follow-up questions of those testifying. The accused student may ask questions of those testifying. The accused student may not make statements to those testifying - he or she may only ask questions. After testifying, individuals may be asked to wait until the hearing has been adjourned in case the hearing officer or conduct board have follow-up questions.
Closing Statement.
The accused student may make a closing statement.
Conclusion.
The accused student is informed that the hearing officer or conduct board members will deliberate the case. The accused student will be informed how he/she will be notified of the outcome. The accused student will be informed of the appeal procedures. The accused student is dismissed from the hearing.
Deliberation.
The hearing officer or conduct board members deliberate the case based solely on the evidence presented at the hearing and decides if the accused student is responsible or not for violating the code of conduct. If the accused student is found responsible, his/her past disciplinary history may be considered in determining the sanctions.
Sanctions.
Sanctions take effect when the student receives notification of the sanction. The sanction must be completed in the allotted time or further disciplinary action may be taken. For more information about the Student Discipline System, contact our office at (978) 665-4578.
Commonly Asked Questions About the Student Discipline System
Q- Can I postpone a hearing if I have to work or have a class or exam?
A- Yes - for a valid reason. The accused student must submit the response form requesting the postponement by the due date.
Q- Does my discipline record go on my transcript?
A- No. However, if a student is suspended from FSC, a notation is made on the transcript indicating that the student was "administratively withdrawn."
Q- Is my involvement in a disciplinary hearing confidential?
A- Your involvement is covered by the Buckley Amendment. This means that no information will be released to anyone without your permission with the exceptions noted in the Student Handbook. We do not usually call your parents or share records with professors. You should be aware that some government jobs require a "discipline clearance" and some colleges require this information on applications for admission.
Q- I was arrested by the Fitchburg Police for my involvement in an incident. How can I also be addressed by the Student Discipline System? Isn't that double jeopardy?
A- No. The Student Discipline System is not a court of law and is not connected with the Massachusetts Court System. The Student Discipline System addresses violations of FSC policy. The court system addresses violations of federal, state and local laws. The violations may be similar, but the systems are separate.
Q- How can I be disciplined for my conduct off-campus?
A- The Student Discipline System outlines the College's expectation that students act as positive representatives of FSC. When a student acts in such a way either on-campus or off-campus that calls into question whether the student is a suitable member of the college community, then the Student Discipline System can address that student.
Q- As an accused student, can I have my own witnesses testify as to what they know about the incident?
A- Yes. Accused students must submit a response form by the due date to the Student Conduct Office indicating the names of their witnesses. It is the accused students' responsibility to inform their witnesses of the date, time and location of the hearing.
Q- What happens if I don't complete my sanction?
A- Further disciplinary action may be taken against you. If you are found responsible for not completing your sanction on time, you will be given an additional sanction to complete. In addition, a "disciplinary hold" will be placed on your record and you will not be able to register for courses, add/drop courses or receive transcripts.
Q- What if I don't like the determination or sanction I received as a result of a disciplinary hearing? Can I appeal?
A- Accused students may appeal if they believe there was a procedural error, if the finding is not supported by the evidence or if the sanction is excessive or inappropriate. Documenters or victims may appeal the determination or sanction if they believe there was a procedural error. Witnesses may not appeal the determination of a disciplinary hearing. |
