Section 6: Registered Student Organization Misconduct Policies and Procedures

The Office of Student Conduct may initiate disciplinary proceedings against Registered Student Organizations (RSO) in any situation involving allegations of misconduct. The University requires RSOs to adhere to all University policies, RSO handbook policies, and local, state, and federal laws. Additionally, members may also be referred individually to the conduct process for alleged violations of the Code of Student Community Standards.

Section I: Overview and Definitions

GROUP ACCOUNTABILITY

Ferris State University has always emphasized the importance of individual responsibility and accountability in the lives of its students. Additionally, the rights and duties of Registered Student Organizations also carry with them an obligation on the part of their members, collectively, to uphold the Ferris State University Code of Student Community Standards.

This statement of group accountability acknowledges that unacceptable behaviors by individuals functioning as members or officers of a student organization may have consequences for those individuals as well as for the organization itself. Also, the privilege of being an officer of a student organization carries with it responsibility for the reasonable anticipation and prevention of foreseeable violations of University policies, resulting from either deliberate or negligent behavior of the organization’s members or guests.

RSOs may be held accountable for the behavior of its members and guests on its premises, at events sponsored (or co-sponsored) by the organization, or when an event would be perceived as an RSO event by an outside party violates University policies. Organizations that violate University policies are subject to the disciplinary process. It is the responsibility of organizational officers, or those in charge of an event, to identify foreseeable problems that may arise and to take timely corrective action.

UNIVERSITY POLICIES

The Registered Student Organization Conduct Process is an official policy of the University and is comprised of policies and procedures relating to the misconduct of any Registered Student Organization.

JURISDICTION AND APPLICABILITY OF PROCEDURES

Groups of students and student organizations are expected to comply with all University policies, including the Code of Student Community Standards and all additional policies pertaining to groups and organizations, whether on campus or off. A group or organization may be held responsible for the actions and behaviors of its members and guests. RSOs shall be responsible for the behavior of its collective group members from the time membership begins until membership has ended or the member has been awarded their degree. In the case of RSO conduct violations involving members who have since disaffiliated or graduated before the conduct violation is reported, the current RSO will still be subject to endure any outcomes from such report.

The decision to hold a group or organization responsible as a whole is ultimately determined by examining all the circumstances of a situation and by taking into account factors including, but not limited to, whether the actions:

• Were committed by one or more officers or authorized representatives acting in the scope of their group or organizational capacities;
• Occurred at or in connection with an activity or event funded, sponsored, publicized, advertised, or communicated about by the group or organization;
• Occurred at a location over which the group or organization had control at the time of the action;
• Occurred at or in connection with an activity or event that a reasonable person would associate with the group or organization;
• Would be attributable to the organization under the group’s own policies (including local or national risk management guidelines); or
• Were taken by individuals who, but for their affiliation with the organization, would not have been involved in the incident.

DEFINITIONS

For the purpose of this document, the following definitions shall apply.

1. The term “University” means Ferris State University
2. The term “student” includes the following:
   1. A person who has been notified of his/her acceptance for admission to Ferris State University, who is admitted and enrolled in any credit-bearing course or program in any school or division of Ferris State University, or who is a continuing student between academic periods.
   2. A person who resides in Ferris State University housing, whether or not that person is enrolled in any school or division of Ferris State University.
   3. A person who has withdrawn after allegedly violating the policies regarding misconduct, who is not officially enrolled in any credit-bearing course or program but who has a continuing relationship with Ferris State University.
3. The term “Director of Student Conduct” means the Director and all appropriate designees, including hearing committees.
4. The term “CSI” refers to the Center for Student Involvement at Ferris State University.
5. The term “Dean of Student Life” means the Dean of Student Life and all appropriate designees.
6. The term “University official” includes any person employed by the University, performing assigned administrative, professional, or para-professional responsibilities.
7. The term “Registered Student Organization” or “RSO” or “Organization” refers to any group meeting the criteria in the RSO handbook.
8. The term “RSO President” means the president of a student organization on record with the CSI office. If the RSO president is not representing the RSO in the conduct process, they may delegate their representation to another member (must be a current Ferris student) and the RSO must notify the Office of Student Conduct of that change as soon as possible and at least one (1) day before the conduct conference.
9. The term “Witness” is defined as an individual who has had direct involvement in an incident and/or who was provided with information regarding the incident directly from the respondent, alleged victim, or both. This also may include individuals, who in their professional capacity, have contributed information which led to allegations and subsequent charges.

Section II: Disciplinary Procedures

Ferris State University’s procedures for imposing administrative and non-administrative outcomes are designed to:

1. Provide RSOs the guarantees of due process and procedural fairness,
2. Ensure equal protection for all students,
3. And provide for the imposition of similar outcomes for similar acts of misconduct.

At the same time, the procedures reflect the need to be concerned about the RSO involved in a particular case. The procedures therefore provide that the imposition of disciplinary outcomes must also be based upon a consideration of all the circumstances in a particular case, including the RSO’s prior record of misconduct, if any.

DUE PROCESS

Due process will be afforded to all Ferris State University Registered Student Organizations when charged with violating University regulations or policies. Due Process for Registered Student Organizations includes: notice in writing of the allegation, notice of any proceeding, an explanation of the allegation, an opportunity to respond to the allegation, and an opportunity to appeal the decision.

COMPLIANCE LETTERS

At the discretion of the Director of Student Conduct, RSO renewals and other administrative management complaints may be informally addressed through a letter requiring compliance by a specified date. Failure to comply with the outlined requirement(s) by the deadline will result in the complaint being referred to the RSO Conduct Process for formal resolution.

INITIATION OF PROCEEDINGS

1. A report that a Registered Student Organization has committed an act of misconduct and/or is in violation of RSO/University policy may be filed by any individual.
2. A report that an RSO has committed an act of individual misconduct must be submitted in writing to the Director of Student Conduct or appropriate designees. Although not required, an official misconduct complaint form is available.
3. After reviewing the complaint, the Director of Student Conduct has the discretion to decide whether disciplinary proceedings should be instituted. If the Director of Student Conduct decides to initiate proceedings, the case will be assigned to the appropriate conduct case manager.

INTERIM ACTION

After reviewing the complaint, the Director of Student Conduct may impose interim action(s) if it is determined that the organization (a) engaged or threatens to engage in behavior which jeopardizes the safety of others, (b) has caused or likely will cause significant property damage, or (c) has or likely will significantly disturb normal University operations and/or the educational process. Interim actions are temporary actions, ranging from specific loss of privileges to interim suspension, pending the outcome of a conduct conference. This action will remain in effect until the conduct process is complete.

1. When an interim action is imposed, the Director of Student Conduct shall notify the RSO via email to the Ferris assigned email account of the President of record. Other University officials or International Headquarters professionals may be copied in this letter at the Director of Student Conduct’s discretion.
2. Any organization faced with an interim action has the opportunity to appeal the interim action to the Dean of Student Life within 7 calendar days of the issuance of the interim action letter.

   The appeal must be issued in writing and address one of the following criteria:

   1. The reliability of the information concerning the RSO’s alleged misconduct including the matter of their identity,
   2. Whether the alleged misconduct can reasonably be associated with the organization,
   3. Whether lesser actions can sufficiently address the Director of Student Conduct’s concerns regarding the organization’s continued presence and/or activities.

INVESTIGATION

After reviewing the complaint, the Director of Student Conduct has the discretion to decide whether an investigation is needed.

1. The Department of Public Safety shall have the responsibility of the investigation of acts that involve potential violation of federal, state, and local laws or University policies that occur on the Big Rapids campus.
2. The Director of Student Conduct may also investigate allegations of RSO misconduct.

NOTICE

1. The Director of Student Conduct shall send notice of the conduct conference to the RSO President of record’s Ferris email account. Other University or organization affiliated professionals may be copied in this letter at the Director of Student Conduct’s discretion.
2. These notices shall inform the RSO of the following:
   1. A summary of the allegations of the case.
   2. The opportunity to respond to the reports and to offer any additional information which might help in the resolution of the case.
   3. The opportunity to present witnesses who may substantiate information related to the incident. The conduct case manager reserves the right to limit the number of witnesses based on the relevancy to the facts of the case. Character witnesses are generally considered irrelevant.

CONDUCT CONFERENCE

1. The RSO on-campus Advisor and/or additional members of the RSO may be asked to attend per discretion of the conduct case manager and relevance to the case. Conduct conferences are closed to the public.
2. A Conduct Case Manager is generally an employee of the University who has received training to act in such capacity.
3. In certain circumstances a second conduct case manager or a conduct case manager contracted with from outside of Ferris may be used because of their expertise or ability to provide insight.
4. The Conduct Case Manager shall maintain necessary order and shall make all rulings necessary for a fair, orderly, and expeditious conduct conference.
5. The Conduct Case Manager may question any witnesses.
6. When it appears necessary to avoid undue hardship, the Conduct Case Manager may, at their discretion, grant a reasonable postponement of the conduct conference, especially in circumstances where additional immediate support services are required.
7. The decision of the Conduct Case Manager shall be based upon matters presented and introduced at the conduct conference and must be based upon a preponderance of the evidence (a determination whether the violation was more likely to have occurred than not).
8. The Conduct Case Manager shall make a finding as to whether the RSO has committed only the violation(s) as charged based on a preponderance of the evidence. If the Conduct Case Manager reaches a finding of “responsible”, the Conduct Case Manager shall, after review of any disciplinary record the RSO may have, require one or a combination of the disciplinary outcomes (Administrative and Nonadministrative).
9. If the RSO fails to schedule or attend their conduct conference after proper notification by the Office of Student Conduct, the conduct conference will proceed, and a decision may be made in the absence of the RSO.

NOTICE OF DECISION AND OUTCOMES

1. The Conduct Case Manager will send a decision letter detailing the outcome of the Conduct Conference. All follow up communication and/or notice of outcomes will be sent via email to the Ferris email account of the RSO President of record. Other University or organization affiliated professionals may be copied in this letter at the Director of Student Conduct’s discretion.
2. An RSO that has been found responsible for violating University policy will be issued outcomes as appropriate to ensure the safety of its members and the campus community, along with outcomes that will provide educational benefits to prevent reoccurring violations.
3. When required by law, a complainant may also be notified of the decision and outcomes of a Conduct Conference.

OUTCOMES

The Director of Student Conduct or their designee is authorized to impose any one or a combination of the following administrative and educational outcomes for behavior found to be in violation of University Policy. The University may impose other outcomes singularly or in combination with any of those listed below. Outcomes are assigned to promote accountability and set RSOs up for future success.

Administrative Outcomes

1. Written Warning

   A written warning is an official warning issued by the University. A written warning is the lowest level outcome an RSO may receive and is meant to inform the RSO that they have been found in violation of the University policy and that they should understand that future violations could result in further outcomes. With a written warning, an RSO should have a clear understanding of the University’s expectations for their future behavior.

2. Probation

   Probation is the highest administrative outcome an RSO may receive while still being recognized by the University and is intended to convey to the RSO that their behavior has seriously impacted the community, and should further violations occur, their RSO may face suspension from the University.

   Further violation of University policies at any point during the probationary period will be viewed not only as a violation based upon the act itself, but also as a violation of the probation. This shall result in further action up to, and including, suspension from the University.

3. Suspension of Recognition

   The University no longer considers the group to be a Registered Student Organization at Ferris State University. Suspension bans RSOs from participating in all aspects of University life for a specified period of time, measured in semesters. During the suspension period, organizations are required to refrain from planning, participating, or otherwise engaging in organizational activities and return any University allocated funds to the originating funder.

   When the term of the suspension has ended, the RSO may apply to return and will be required to complete the reactivation process in accordance with the RSO handbook.

4. Inactive Status

   The University no longer considers the group to be an active Registered Student Organization at Ferris State University. There is no minimum amount of time an RSO must remain inactive and if/when they desire to come back, they can do so in accordance with the RSO handbook. These outcomes are commonly assigned in cases where an RSO has failed to renew their Bulldog Connect profile.

Effective Enforcement of Administrative Outcomes

Administrative outcomes do not become final until the opportunity to appeal has passed. RSOs who choose to appeal suspension may continue to engage in University activities until an appeal decision is made, unless there is an interim suspension already in force through the Office of Student Conduct or is otherwise stipulated through the conduct process.

Non-Administrative Outcomes

Education and Safety are the two primary priorities for the Office of Student Conduct. To accomplish these goals, the Office of Student Conduct provides opportunities for RSOs to reflect on and learn from their past experiences. Non-Administrative outcomes include, but are not limited to the following:

1. Community Service

   The RSO may have the opportunity to choose the type of service they would like to perform and have the opportunity to work with staff at the CAPS Volunteer Center to find service opportunities that are meaningful to them.

2. Restitution

   The RSO is required to pay the costs for the replacement or repair of any University property damaged by the organization.

3. Educational Workshop/Class

   The RSO is required to complete or attend an educational workshop, class, or training. The topic and attendance requirements are at the conduct case manager’s discretion.

4. Restriction of Privileges

   The RSO is restricted from engaging in specific privileges for the period detailed by the conduct case manager. Privileges that may be restricted include, but are not limited to:

   • Reserving University facilities and outdoor space for activities, practice, games, and meetings;
   • The use of a campus mailbox located in the CSI Office;
   • Participation in campus events such as Bulldog Bonanza and Homecoming;
   • A portal in Bulldog Connect for organization documentation, member communication, surveys, or promotional opportunities;
   • Eligibility to sponsor and co-sponsor campus events;
   • Promotion in University presentations and publications, including Student Organization Directories in Bulldog Connect;
   • Eligibility to advertise and promote sponsored events;
   • Use of the RSO resource room in the CSI Office;
   • Receiving or retaining University funds.

Failure to comply with assigned outcomes

Registered Student Organizations who are assigned outcomes as a result of the student conduct process for RSOs and fail to comply with those outcomes are subject to further disciplinary action.

APPEALS

Should the RSO wish to appeal the decision of the conduct conference they may do so in writing to the Dean of Student Life or their designee based on the following criteria:

1. Failure to be provided due process, or a procedural error in the conduct process which may be substantial enough to change the decision; and/or
2. The discovery of substantive new evidence which was unknown to the Conduct Case Manager at the time of the conduct conference that could have a significant effect on the decision; and/or
3. The hearing officer had a conflict of interest or bias against Respondents generally or the individual Respondent, that affected the outcome.
4. The severity of the outcome (only in cases involving RSO suspension).

The Dean of Student Life will review the appeal and if the appeal is granted, they may choose to render a decision on the appeal based on the appeal criteria or institute a hearing conducted by a different conduct case manager.

Procedure for when appeal is received

1. Upon review of the written appeal material, the Dean of Student Life will render a decision using one of the following options.
   1. If the grounds for appeal have been sufficiently satisfied and the appeal is accepted, one of the following will occur:
      1. The case shall be remanded back to the original Conduct Case Manager or committee with specific instructions to correct a procedural error and reconsider the case.
      2. The case shall be remanded back to the Office of Student Conduct for a new conduct conference before a different Conduct Case Manager or committee; or
      3. The outcome may be modified.
   2. If the grounds for appeal have not been sufficiently satisfied, the original decision is upheld, and outcomes are enforced.
2. Each RSO shall be limited to one appeal and shall not be entitled to appeal their case after an appeal decision is rendered. The decision of the appellate officer shall be final.

FRATERNITY/SORORITY DISCIPLINARY PROCEEDINGS

1. Fraternities and sororities are considered RSOs and are subject to the same rules and processes as any other RSO.
2. An alleged violation may also be independently adjudicated by the appropriate governing council, such as the Black Greek Council (BGC), Interfraternity Council (IFC), Panhellenic Council (PC), or United Greek Council (UGC).
3. The organization’s national headquaUGCrs may also be notified.
4. The decision or final outcome of the formal disciplinary process of the governing council or national organization may be supported by the University; thus, alleviating the necessity to continue with additional proceedings.