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Student Conduct Training

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Raven Davis

on 20 September 2012

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Transcript of Student Conduct Training

Student Conduct Training Fall 2012 Joanna Ellwood: Assistant Dean Of Student Conduct
Dr. Corey King: Associate Vice President of Students
Terry Mena- Associate Dean of Students (Boca Campus)
Dr. AJ Chase- Associate Dean of Students (Northern Campus')
Dr. Rozalia Williams- Associate Dean of Students (Broward Campus')
Raven Davis: Graduate Assistant of Student Conduct Who's Who? Current Trends
Conduct Process/Procedure
Lunch
Group Activities Today's Agenda Code of Conduct is designed to help maintain an atmosphere that is conducive to academic pursuits
The University recognizes its responsibilities to all members of the University Community-The protection of personal and institutional rights and property is primary focus Inappropriate behavior is often symptomatic attitudes, misconceptions and/or emotional crisis The Code of Conduct Philosophy Conduct is an integral part of
the education mission? Respect for the law, regulations and policies A violation is a violation. A student's background and circumstances may impact student reaction and motivation for the behavior, but it does not impact whether the student is found responsible, if the evidence leads to that determination. Understand that an educational process can include suspension or even expulsion Respect for self and others Principles of Conduct Process Fairness Communicate alternate perspectives
Heard without prejudice Honesty Realize human fallibility but confront choices
You choose the behavior, you choose the consequences Integrity Have a legitimate process that is based upon espoused expectations Dr. Corey A. King Associate Vice President and Dean of Students Community Values What does it mean to be an Owl? A Purposeful Community: Goal of developing mature men and women Goal to pursue excellence An Inclusive Community: Individuals with different values and beliefs are accepted and respected by maintain effective communication A Just Community Appreciates diversity
Honors and respects everyone's rights Code of Conduct Legal Process (cc) image by anemoneprojectors on Flickr Informal Process Evaluated at "more than likely not" standard Determination of of responsibility for violating a campus rule Lesser burden of gathering information and does not have the same strict rules of evidence or due process Found responsible or not responsible Formal Process Evaluated at "Beyond a Reasonable Doubt" standard in criminal cases Determination of responsibility for violating a federal/state law Has strict evidence gathering requirements and due process Found guilty or innocent Differences Between the Code of Conduct and Legal Process Body Body Respect for the law, regulations and policies Respect for self and others
Understand that an educational process can include suspension or even expulsion.
A violation is a violation! A student's background and circumstance may impact student reaction and motivation for the behavior, but it does not impact whether the student is found responsible, if the evidence leads to that determination. Complaint or Incident Report Matter Closed
(Mediation)
(Mutual Agreement) Investigation of Complaint
by Dean of Students
or Designee
Investigation Conference) Emergency Measures
~Interim Suspension
~Interim Removal-Housing
~Other Restrictions Notice of
Charges Responsible Sanctions Current Trends in Student Conduct Appeal Accepts Granted Upheld Student Conduct Conference Not
Responsible Notice of Hearing Information Session HEARING Findings and Recommendations to Dean of Students Dean of Students Determination Appeal to Sr. Vice President of Student Affairs Accepts Granted Upheld You also have a vested interest in maintaining a safe and civil environment where all individuals are treated with respect As a member of the University community, you can empathize with the accused student and witnesses you meet with and can more fully understand their perspectives Your peer influence can often be very effective in changing students' behavior Your Purpose In the Student Conduct Process Educator- in determining appropriate educational sanctions if the student or organization is found to be responsible Representative- by sharing your perspective from your role in the University community Ambassador-for the Student Conduct Code and the University Conduct System Your Role in the Student Conduct Process Impartial Juror-listening to the case at hand and making a sound judgement based on the information and witnesses available. Be prompt and efficient in all your dealings with the Conduct Hearing Board
Act in a professional, courteous manner. Ask questions in the course of a conduct hearing and attempt to gather all information possible before you make a decision
Make reasonable decisions based upon a "more likely than not" standard
Remove yourself from any case in which you might have a bias because of a relationship with the accused, accuser, or bias because of the nature of the offense What the University Expects from Y0u Uphold all University Policies and Student Conduct Code
Attend all hearings for which you have been selected Keep EVERYTHING you see and hear confidential! Ten Guiding Principles for Members of the Student Conduct Hearing Boards, ASJA 1) Disciplinary systems should reflect the diversity of campus cultures
2) Common values can be identified and affirmed
3) Cases should be heard before they are decided
4) Educational aims and progressive discipline should guide the imposition of sanctions
5) Progressive discipline should encompass the interest of people seen and unseen
6) The complexity of human nature allows a higher self to be born
7) Hearing board members are role models
8) Hearing board members are learners
9) Confidentiality should be explained and protected
10) The disciplinary process should promote ethical dialogue and critical thinking Responsibilities Staff Student Student Faculty Inform your Chair if you have a personal conflict with the case Carefully review all materials prior to the Hearing Attend all Hearings as scheduled (cc) photo by theaucitron on Flickr Structure of the Conduct Board Members Prepare open ended questions
Listen carefully Fully participate in the Deliberations
Recognize the balance between right of the individual and the rights of the University community Hearing Procedures Upholding the Policy We are not asked to determine whether a student did a good thing or a bad thing
Back Pocket: conceptions of right/wrong
Front Pocket: did the accused student engage in behaviors that violate our policy, whether we like the policy or not. Jurisdiction of the University A student, student organization, or a person who has submitted an application for admission, will be subject to the student code of conduct for any conduct which occurs on university property, at university sponsored events, or off campus Violations of the Code of Conduct Violence or threat of violence to others or against oneself or actions which endanger any member or guest of the university community
Theft, damage, defacing, destruction of university property or property of the community
Noncompliance with request or orders of authorized university officials
Providing false information to university officials
Possession/use of firearms or weapons
Disorderly conduct
Lewd, obscene, indecent behavior
Verbal, written or physical abuse, threats, intimidation, harassment
Conduct which constitutes unlawful, discrimination or harassment
Possession, use, delivery to, sale of, distribution of, controlled substances or drug paraphernalia
Endangering the health, safety or welfare of members or guests of the University
Any act which could constitute a violation of any local law or ordnance State of Florida or Federal law
Misuse of alcoholic beverages Student Conduct Sanctioning is intended: To make sure that the student learns from the experience
To educate the student, so they do not commit the violation again
To ensure that University expectations regarding behavior are clear
To educate the student on how their behavior impacts others in the university community
To protect members of the university community and the educational mission Student Conduct Sanctions May be imposed on any student or student organization found "responsible" for violation of the code Educational activities
Counseling assessment
Community service
Probation Objectives of the Hearing:
Inform student of the charges
Give the charged student an opportunity to respond to the charges
Review the facts of the case
Determine if any violation of the Student Code of Conduct was committed
Communicate findings to Dean of Students
Recommend any sanctions to be imposed base upon the facts, as determined at the hearing
Communicate recommendations to Dean of Students Hearing Format Review hearing procedures Recommendations to Dean of Students Deliberation by Board/Hearing officer Closing statement by charged student Questions directed to the student by the Board/Hearing Officer Questioning of University witnesses, charged student witnesses Opening statement/presentation of information by charged student Reading of Charges Preponderance of the Evidence BEWARE OF STANDARD INCLINE… It’s a slippery slope Beyond a Reasonable Doubt Clear and Convincing Is it more likely than not that the charged student/s violated the Student Code of Conduct? Burden of Proof For Decision Making Appropriate Questions: Have a clear intent Are relevant to the charges Are worded so that the questioner and the respondent are both clear about the intent and information that is being sought in a response Open-Ended Questions
Close-Ended Questions
Funnel Questions
Probing Questions
Hypothetical Questions
Timelines Questioning – Types & Techniques Determining Outcomes Deliberations Is this a first offense or part of a pattern? What is appropriate for our community’s behavior standards and expectations? What campus or community resources could provide learning/growth in the core issue areas? What are the core issues? Or What is the REAL problem? Finding of Responsible or Not Responsible
EX/ Imagine yourself weighing the evidence on some imaginary scale. You must be more than 50% sure that the student violated the policy to find them responsible. Do the facts reach a preponderance of evidence that the student/s is responsible for a violation? What are the facts in the case? Separating the findings and sanctions can be difficult for boards if the two phases of the hearing process are not clearly defined. At this point only can the board take into consideration the student’s previous conduct history (if there is one) when determining a sanction. First, determine responsibility,then determine an appropriate sanction. Boards should discipline themselves to distinguish between finding and sanctions even if the student seems remorseful or lacks intent for the violation. Separating findings from sanctions FYI: 855 total violations
226 drug violations
278 alcohol
351 other 2010/2011 Code of Conduct Violations Do you know:
the standard sanction for drug abuse violation?
the standard sanction for alcohol abuse violation? 25 out of 855 cases heard by the Student Conduct Hearing Board Lower End of Scale Termination of Housing
Restriction of Privileges
Revocation of Admissions
Suspension Higher End of Scale Activity Common Cases/Violations Individual Alcohol misuse
Drug use
Harassment
Classroom disruption
Housing Issues Organizations Unregistered events
Hazing
Alcohol misuse Deliberations and Findings Activity FAU mission promotes academic and personal development
Each individual must accept and understand their own personal and social responsibilities Leading Questions are Problematic because they:
Give an assumption
Can include personal opinions
Can include implicit or explicit coercion
Can make the respondent feel that he/she must agree with you
Examples & How to re-phrase:
Don’t you think you should have asked your professor what his expectations for citation were on this assignment?
REPHRASE: Did you consider asking your professor what his expectations for citation were on this assignment?
Isn’t it true that you had romantic feelings for student X?
REPHRASE: Did you have romantic feelings for student X?
Do you agree that you should have asked permission before using your roommate’s computer?
REPHRASE: Did you ask for permission before using your roommate’s computer? Follow Up: “Why not?”
How can you say that she “wanted it?”
Explain what you meant by saying “she wanted it”?
Multiple Choice Questions
Leading Questions Do not ask: Activity
Although the judicial process is not often entered into willingly, there are many benefits that the students can gain. As administrators of the judicial process we must provide the challenge and support necessary for students to pursue the following outcomes.

• Examination of personal beliefs and values.
• Awareness and utilization of alternative conflict resolution skills.
• Willingness to accept responsibility for individual actions and the consequences of those actions.
• Understand the importance of civility as it relates to community. The Nature of the Violation

Don’t just look at what the violation was, but consider the ramifications of the behavior or what could have happened. Take into consideration the degree to which each policy was violated, what the intent of the actions were, and what impact the actions had on others and the community. Institutional Precedent for the Violation

Sanctions given in similar situations should be taken consideration for consistency, however it is important to avoid tunnel vision. This can lead to difficulty in responding to individual circumstances. Use precedents as a guide.

Attitude Displayed During the Process

Take into consideration their attitude when they were confronted as well as during the hearing. How receptive is the student to educational interventions.

Demonstration of Understanding

Make attempts to determine whether or not the student has learned anything meaningful from the situation.
Sample questions:
• What have you learned from this experience?
• How will things be different in the future?
• Think of yourself in that same situation, what would you do differently?
• How has this incident impacted your daily life?

Influence of Alcohol and/or Drugs

If AODs were involved in the situation, it is important to determine how the student views the substance and their own use of it. Does the student have difficulty making positive decisions when under the influence? Does the student see the use of the substance as a contributing factor to violating a policy?
Sample questions:
• Do you think that alcohol/drugs impacted your behavior?
• How much did you drink that night?
• Is that amount of alcohol normal for you?
• Looking back, would you do anything differently?
• You have told me in the future you will only ‘drink/smoke marijuana’ off campus.
Do you think that is a smart thing to do? Learning Outcomes Recommending Sanctions
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