Section 7: Appendices

Conduct Process vs. Court Process

What are the differences between the Ferris State University Student Disciplinary System and the Court System?

The purpose of the following is to clarify the basic differences between the Ferris State University student disciplinary system and the court system. The FSU student disciplinary system (like all college disciplinary systems) uses a different “standard of evidence” than is required by the criminal court systems. Additionally, the purposes of the systems are very different. For example:

• In the criminal court systems, the standard of evidence is generally “beyond a reasonable doubt.”
• In college disciplinary systems, the standard of evidence is “preponderance of the evidence.” In other words, is it “more likely than not” that a student violated the student code of conduct.
• Both systems must ensure that proper “due process” is followed.
• The two systems run independently of each other.
• The student disciplinary system cannot put students in jail and has no relation to the criminal court system.
• Colleges do have the legal right and responsibility to determine if their students are responsible for violating their student code of conduct, regardless of what the court system does or does not do.
• The student disciplinary system is intended to be an educational and remedial process, while the criminal court systems are often punitive.

Conduct Process Flow Chart

1. Incident Occurs

• Incident report is sent to the Office of Student Conduct

2. Before the Conduct Conference

• Incident report is reviewed by a case manager
• Alleged policy violations are assigned
• A conduct conference is scheduled around the student’s class schedule
• A notification letter is emailed to the student

3. At the Conduct Conference

• Incident report is reviewed
• The student shares their perspective on the incident
• The case manager determines if any policies were violated
• If a policy was violated the case manager assigns educational/administrative outcomes

4. After the Conduct Conference

• A decision letter is emailed to the student

5A. If Decision Accepted

• If outcomes are completed, case is closed
• If outcomes are not completed, case is closed and a registration hold is placed on student

5B. If Decision is Appealed

• Student submits their appeal in writing
• Appeal is reviewed by the designated appellate officer
• A decision on the appeal is emailed to te studen

What is Proper Due Process?

Proper due process requires the following:

1. The opportunity to read all written reports and findings from any investigation regarding the circumstances and allegations of the case.
2. The opportunity to attend a conduct conference. A student’s conduct conference shall be scheduled minimally three days after the date of the notice. However, a student may waive their right to this three-day provision.
3. The opportunity to give a response to the reports and to offer any additional information which might help in the resolution of the case.
4. The opportunity, during the conduct conference, to review all information and ask questions (or choose NOT to ask questions) related to the case information that may adversely affect the student.
5. The opportunity to present witnesses who may substantiate information related to the incident. The Director of Student Conduct or 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 not considered relevant.
6. The opportunity to have an advisor present during the conduct conference; the advisor may not participate in presenting the case, question witnesses, or make statements during the conduct conference.
7. Lastly, a student is not required to attend their conduct conference or answer any questions asked during the conduct conference; the choice to remain silent will not be taken as an admission of responsibility. However, a decision will be made in the student’s absence and based on information available at the scheduled time of the conduct conference.

Interim Suspension vs. Suspension

An Interim Suspension is a temporary removal of a student from campus pending the outcome of a conduct conference. Every attempt will be made to act expeditiously with the disciplinary proceedings.

A student who has been issued an interim suspension is denied access to University housing, to the campus (including classes) and to all other University activities or privileges for which the student might otherwise be eligible.

An interim suspension may be imposed by the Dean of Student Life or their designee when:

1. the student engaged, or threatens to engage in behavior which constitutes a direct threat to others,
2. the student has caused or likely will cause significant property damage, or
3. the student’s behavior significantly disturbs normal university operations, or may interfere with the educational process and/or the operations of the University

Suspension is one outcome of the student conduct process. Any student who has been suspended from the University has been afforded due process including the opportunity to participate in a conduct conference to determine the appropriate consequence(s) of their behavior.

A suspension is for a specific period of time, typically a semester or a full academic year. When the term of the suspension has ended, the student may apply for readmission. If the student is readmitted, they will remain on Disciplinary Probation for the remainder of their career at Ferris. In situations involving a student with a disability, the student may notify Educational Counseling and Disability Services (ECDS) for support, accommodation, and/or advocacy. If requested, the University’s section 504/Title II coordinator and other appropriate persons knowledgeable about the student’s condition may be involved when that student seeks a return to the University.

Dismissal is another possible outcome of the student conduct process. Any student who has been dismissed from the University has also been afforded due process including the opportunity to participate in a conduct conference to determine the appropriate consequence(s) of their behavior.

A student who has been dismissed from the University is not eligible for re-admission to Ferris State University. A dismissal is a permanent separation between the University and the student.

Student Complaint Processes

The University has established processes for students to file a formal complaint, when necessary, to address and resolve their concerns. Complaints against another student that allege a violation of University policy should be submitted to the Office Student Conduct or the Department of Public Safety. Although not an exhaustive list, students with complaints of another nature should explore the following possible avenues.

1. Academic Programs (such as advising, instruction, the library, or course requirements). Please refer to the Academic Affairs policy for student complaints.
2. Student Affairs (such as Admissions and Records, Birkam Health Center, Commencement, Dean of Student Life, Enrollment Services, Institutional Research and Testing, Multicultural Student Services, Orientation, Personal Counseling Center, David L. Eisler Center, Scholarships and Financial Aid, Student Conduct, Student Employment, Center for Student Involvement, Career and Professional Services, and University Recreation).
3. Dining Services - Please call the Department of Dining Services at (231) 591-2210.
4. Housing - (such as residency requirement exceptions and housing contract issues). Please call (231) 591-3745 or visit the Housing page.
5. Department of Public Safety (parking ticket appeals, citizen’s complaints). Please call (231) 591-5000.

FERPA Release Form

Download and complete the FERPA Release Form and return to the Office of Student Conduct.

COMPLETE FORM