Office
of Ethics & Student Conflict Resolution
Parents
Frequently Asked Questions:
- My son/daughter told me he/she got a letter from you. Why wasn’t I copied? What can you tell me?
- It is our practice to send any letters concerning student conduct to the student in question at the address they provide the university. We send them to the students for a few reasons. One is that a federal law (FERPA) does not permit the release of this information to parents or guardians without the student’s written permission. Another reason is that we feel that students who have entered college are adults and we choose to treat them as such.
While we can inform you generally about our process, we cannot answer questions about your son/daughter or even acknowledge that he/she has a case with our office without his/her written permission.
- I pay the bills and they signed a form so that I could access their bursar account and grades. What about that?
- Federal law states that payment of university charges does not automatically provide access to student records. The bursar office and other university offices do have forms that are “blanket” in nature and allow for access to grades and bursar information throughout a student’s tenure at the University. Our office however, requires that a student sign a release form for each incident in which they are involved.
- Will you notify me if my son/daughter face any sanctions or penalties?
- Generally speaking we will not. However, there is an exception to federal law that allows colleges and universities to notify parents in the case of an incident involving alcohol or drugs. Miami has chosen to make this notification which occurs after the conduct process has concluded. The notification will be sent to the home address of a student and will include information on the violation as well as the sanctions imposed.
- My son/daughter received a citation from the Oxford Police Department and also has to go through the University conduct process. Is that fair? Isn’t this double jeopardy?
- Miami University has made the choice to pursue complaints against students that occur off campus. While not limited to the Oxford area, it is especially important that Miami pursue these violations in light of the relationship between the city of Oxford and the University. Our office regularly receives and adjudicates complaints from the Oxford Police Department. This does not constitute “double jeopardy” which is a legal term that basically means trying someone for the same crime twice. The University does not charge someone with or adjudicate crimes, but enforces the Code of Student Conduct.
- My son/daughter had an incident his/her freshman year. When can he/she have, or when will, his/her file be expunged?
- The incidents are expunged seven years after the incident. This is an automatic process and occurs monthly, at the end of the month
Does my son or daughter need an adviser or attorney?
- Students may seek advice from an adviser or an attorney, however, the adviser or attorney will not “represent” the student in the hearing. They serve only in an advisory capacity.
Will you accept witness statements if my son/daughter's witnesses are unavailable at the time of his/her hearing?
- Witness statements are acceptable but if at all possible it is preferable to have the witness testify in person.
What is the appeal process?
- Appeals may be filed only if a student receives a sanction of suspension or dismissal. The written appeal is submitted by the student and it is considered by the Appeals Board in a closed session. The student will be notified, in writing, of the decision. See Section 02.501 of the Code of Student Conduct.
What is the difference between an Administrative Hearing and a Disciplinary Board or Student Court hearing?
- An Administrative Hearing is held before one administrator. A Disciplinary Board hearing is held before a panel of faculty members and students (a quorum consists of 3 faculty and 2 students). A Student Court hearing is held before a panel of undergraduate students.
When will we, as parents, be notified of a violation?
- Disciplinary records are maintained confidentially in accordance with the Family Education Rights and Privacy Act (FERPA). Only cases in which there has been a finding of responsible for an alcohol or drug violation and if the student is under the age of 21, will the parents be notified. The notification will be in the form of a letter from the Office of Ethics and Student Conflict Resolution.
How does my son/daughter get an advocate?
- A student advocate can be contacted by notifying Kelly Ramsey, Student Court Adviser, at ramseyk3@muohio.edu.
What is the expungement policy?
- Disciplinary records are maintained for a period of seven years from the date of the incident. Records of suspension and dismissal are maintained indefinitely, but may be considered for expungements in accordance with Section 02.704 of the Code of Student Conduct.
Will my son/daughter’s violations show up on their transcript?
- Violations of the Code of Student Conduct do not appear on a transcript. However, if a student is suspended or dismissed for non-academic reasons that will be noted on a transcript. Further, if a student withdraws from Miami with pending disciplinary action or sanctions, that will be noted on the transcript. See Section 02.701 of the Code of Student Conduct.
Which violations carry mandatory sanctions?
- Violations of the alcohol policies and dishonesty have mandatory minimum sanctions. See Section 02.305 and Section 02.306 of the Code of Student Conduct.
- What is a procedural review and will my son/daughter get one?
- A procedural review is an opportunity for a student to meet with an administrator in the Office of Ethics and Student Conflict Resolution to review the alleged violations, the disciplinary process, and to discuss the student’s options regarding the potential sanction. See Section 02.402 of the Code of Student Conduct.
- Can Miami University take disciplinary action against someone for incidents that occur off campus? Is this double jeopardy?
- Yes, Miami does address conduct that occurs off campus. This is not double jeopardy.
- What is the difference between a 105A and 105B?
- Section 105A is for intoxication or negative behavior associated with the use of alcohol. Section 105B. is for prohibited use, usually associated with underage possession or consumption of alcohol, or illegal use.
- What is the difference between a Code One and a Code Two?
- Code Two violations are generally violations that occur in the residence hall. Alcohol is not included in the Code Two violations, however, it may occur in the residence hall.
- If someone comes in and takes responsibility for an alleged violation, can that person get into trouble?
- Yes, if another student takes responsibility for a violation of the Code of Student Conduct s/he may be held responsible.
- Can my son/daughter let a 21 year old drink in their residence hall room if they are underage?
- All first-year halls are alcohol-free, therefore, no one is permitted to consume alcohol regardless of age. In all other halls, persons of legal age to consume alcohol, may do so in a residence hall. Other persons who are not of legal age are subject to the Code of Student Conduct and to possible charges.
- What is complicity?
- “Complicity” is generally charged when a student has associated her/himself with illegal activity, such as underage consumption of alcohol in a residence hall room. Students should not permit the illegal consumption or possession of alcohol or other drug use in their residence. If a student enters a residence where underage consumption of alcohol is occurring s/he should leave the residence immediately.
- What happens if my son/daughter has a judicial hold?
- A judicial hold generally means that a student has failed to complete disciplinary sanctions by a given deadline or the student has withdrawn from Miami University with pending disciplinary action or sanctions. The student should contact the Office of Ethics and Student Conflict Resolution at 529-1417 to determine what must be done in order to remove the hold.
- Can my son/daughter e-mail the paper they were assigned to write? If so, to what e-mail address.
- How many witnesses is my son/daughter allowed to bring to a hearing?
- Students may bring a reasonable number of witnesses to a hearing. Persons with factual information regarding the case are the mot beneficial. Students may also have character witnesses who can provide personal information about the accused student during the sanctioning phase of the hearing.
- Will my son/daughter be notified of witnesses that the Office of Ethics and Student Conflict Resolution request to appear at the hearing?
- Upon request, the Office of Ethics and Student Conflict Resolution will provide a list of witnesses.
- Who has access to a disciplinary file?
- Disciplinary records are maintained confidentially in accordance with the Family Education Rights and Privacy Act (FERPA). Written authorization must be given by the student in order for the records to be disclosed to another person. See Section 02.702 of the Code of Student Conduct.
- Do the costs of sanctions get charged to my son/daughter’s bursar account?
- Fees for education programs will be billed to the student’s bursar bill.
- If my son/daughter’s charges are thrown out of criminal court, will they be dropped by the Office of Ethics and Student Conflict Resolution?
- The criminal proceeding and University disciplinary proceeding is separate and one is not dependent on the other. If a criminal case is “thrown out”, “dismissed”, “dropped”, or determined to be “not guilty”, it does not mean the University will reach the same outcome.
- Can parents serve as character witnesses?
- Parents can serve as character witnesses.
- Can my son/daughter choose which hearing officer they want to hear their case?
- Student may choose the manner in which they want their case heard, but the administrative hearing officer is determined by the Office of Ethics and Student Conflict Resolution based on the availability of the hearing officers.
- Can my son/daughter file a complaint against another Miami University student? If so, how.
- Any student may file a written complaint against another student. All details must be submitted in writing. The complainant will also be asked to provide witness testimony at the hearing.
- Will the classes that my son/daughter has to take through criminal court count for the classes that were assigned to them by the Office of Ethics and Student Conflict Resolution.
- Educational sanctions mandated by an external municipal court may be substituted for educational sanctions mandated by Miami. However, the student should FIRST confirm this with the Office of Ethics and Student Conflict Resolution.
- Can my son/daughter complete the alcohol/drug classes and assessment at an establishment off campus?
- Education sanctions may be completed off campus with prior approval from the Office of Ethics and Student Conflict Resolution.
- What is a character witness?
- A character witness should know the accused student personally and be able to provide information about the student.