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Student Code of Conduct
As stated in Article VI of the FHSU Bill of Student Rights
and Responsibilities, the university has a duty to establish
the rules and policies that all students are required to follow.
Students have a right to expect enforcement of these rules
and policies. FHSU also has a right to expect students to
abide by them as befits responsible students as members of
the learning community.
For the purposes of this code of conduct, a "student"
is any person who is enrolled at FHSU for any academic period.
A person shall be considered a student subject to this code
of conduct when attending any university activity prior to
or after an academic term, such as residence hall check-in,
new student orientation and fraternity or sorority recruitment.
The following statements constitute the official record of
all general conduct policies at FHSU. Students shall abide
by these policies and administrators, faculty and staff are
expected to enforce them. These policies should be read broadly
and are not designed to limit the definitions of prohibited
conduct to the examples described. Note that if any infractions
of the Student Code of Conduct are found to have an element
of malice, the resulting sanctions may be more severe. FHSU
reserves the right to make a case-by-case determination as
to whether conduct of a serious nature which occurs off of
the premises of the university but has an impact on the university
community may be addressed under this policy. For more information
about procedures regarding the enforcement of this code of
conduct, consult the section of this Student Handbook immediately
following this one titled "Discipline Procedures."
1. Compliance with General Laws
Students, upon registration at FHSU, shall abide by all regulations,
federal and state laws and city of Hays ordinances. Enrollment
as a student in no way exempts any person from penalty in
case of violation of local, state or federal laws. Any disciplinary
action taken by the university may be taken independently
of any action taken by an off-campus authority.
2. Vandalism/Damage of Property
Willful, intentional or negligent vandalism or damage to and/or
destruction of property is strictly prohibited.
3. Firearms and Other Deadly Weapons
The unauthorized possession or use of firearms or other deadly
weapons of any kind is prohibited. The use or display of any
object or instrument in a dangerous or threatening manner
is prohibited.
4. Flammable Materials and Fireworks
The ignition or detonation of an incendiary device which could
cause damage by fire, explosion or similar means to persons
or property, or possession of anything in the nature of fireworks
or explosives is prohibited on any property owned or operated
by FHSU unless the student receives express permission to
participate in a display or event sanctioned by the university.
5. Arson
No person shall start a fire that causes or may cause damages
or injury on university property without university authorization
and willful damage to property (as described in conduct regulation
2 above) will be prosecuted as arson when appropriate.
6. Fire Alarms and Fire Equipment
Making or causing a false fire alarm or emergency report of
any kind is prohibited. No person shall tamper with, damage,
disable or misuse fire safety equipment.
7. Theft or Misappropriation
Theft of any kind, including seizing, receiving or concealing
property with knowledge that it has been stolen or reasonably
should have known that is stolen, is forbidden. Sale, possession
or misappropriation of any property, including FHSU property,
without the owner's permission, is also prohibited. This includes
sale of a textbook by any student who does not own the book
unless the owner has given express prior written authorization.
8. Disorderly Conduct
Individual or group behavior that disturbs individuals or
groups is prohibited. Such conduct includes (but is not limited
to) assault, threats to the personal safety of one's self
or others, throwing objects to create a danger, making excessive
noise, unwelcome physical contact, hazing and any other type
of interference with the normal operations of the university
or its activities or any type of conduct that interferes with
the ability of those who attend, visit or work at the university
to enjoy the benefits of the purposes for which the university
exists.
9. Misuse of University Documents
Forgery, alteration or misuse of any university document or
record is forbidden, including furnishing false information
or withholding material information from the university.
10. Fraud or Lying
Lying or fraudulent misrepresentation in or with regard to
any transaction with the university, whether oral, written
or by other means, is prohibited, including misrepresenting
the truth before a hearing of the university or making a false
report or statement to any university official.
11. Student Identification
Using fake identification or falsely identifying oneself is
prohibited. This includes furnishing false identification
to the university or to any university employee or agent,
including campus law enforcement or security officers, acting
in good faith and in the performance of their duties.
12. Official Requests
Students must comply with the reasonable and lawful requests
of university officials acting in the performance of their
duties. Students shall appear at disciplinary hearings to
respond to allegations or testify as a witness when reasonably
notified to do so. Failure to appear at a scheduled hearing
is a violation of this student code of conduct and will not
necessarily prevent the hearing from taking place, nor will
it preclude a determination. A failure to properly comply
with or complete a sanction or obligation resulting from a
disciplinary hearing or adjudication may be considered a violation
of an official request and may be treated as an independent
violation.
13. Presence In and Use of
University Facilities
Unauthorized entry into, presence in, or use of university
facilities, equipment or property, which have not been reserved
or accessed through appropriate university procedures, is
prohibited.
14. Misuse of Keys
No person may use or possess any university keys or access
codes without proper authorization. No student is allowed
under any condition to have a university key duplicated.
15. Misuse of Telephones
Making or assisting in making annoying or harassing telephone
calls, unauthorized use of long distance phone privileges
or otherwise misusing or abusing FHSU telephone equipment
is prohibited.
16. Alcoholic Beverages
Students must comply with the published regulation concerning
the transport, provision and consumption of beer, wine and
other alcoholic beverages on campus or university property.
(For more details, see "Drug and Alcohol Policies"
under Administrative Policies and Procedures.)
17. Drugs
The unauthorized possession, use, manufacture, sale or distribution
of any counterfeit, illegal, dangerous, "designer"
or other controlled drug or other substance is prohibited.
(For more details, see "Drug and Alcohol Policies"
under Administrative Policies and Procedures.)
18. Misuse of Computer Equipment
Use of computer equipment and resources, including account
numbers, interactive terminals, data storage media, other
peripherals, local, state, national and international computer
networks, mainframe and microcomputer systems and software
for computing activities other than those authorized by the
law and the university constitutes misuse and is strictly
prohibited.
Note: For further information concerning regulations in effect
for use of university computer equipment and accounts, consult
the Ethical Use of Computing Resources Policy found in this
handbook.
Note: For further information concerning regulations in effect
for students living in university Residence Halls, contact
the Department of Student Residential Life, 114 Agnew Hall,
or the Residence Hall Director.
Note: Attempting, abetting or being an accessory to any act
prohibited by these Student Code of Conduct Regulations will
be considered a violation.
Note: For further information concerning university policies
and procedures in effect for sexual harassment, consult the
policy in this student handbook.
DISCIPLINE PROCEDURES
The disciplinary process at FHSU strives to provide students
with positive reinforcement for living within the guidelines
for acceptable behavior. The standards of behavior are set
forth in the Student Code of Conduct. The intent is to make
discipline educational and not punitive.
The encouragement and development of self-discipline is a
primary goal of the educational process. The judicial system
established hereby is designed to further this process and,
therefore, is not comparable to or a substitute for jurisprudence
under the criminal code. Only under extreme circumstances
will the process be viewed as a method of terminating the
student's relationship with FHSU.
Students facing possible disciplinary actions are assured
that due process will be provided. This means they are told
how the disciplinary process of the university functions,
they will be made aware of the conduct alleged to have been
in violation, they will have the opportunity to defend themselves
by having witnesses appear on their behalf, they may have
an advisor help them, and they may appeal the decision. Appealing
a disciplinary action must be done within a defined span of
time, but usually the disciplinary action will not go into
effect until the appeal is heard. The exception to this practice
occurs only when delaying action until after an appeal would
significantly compromise the safety and well being of the
university community.
Procedurally, discipline is handled as close to the level
of the problem as is possible and reasonable. In other words,
residence hall behavior concerns are normally handled by the
Residence Hall staff and/or Residence Hall Judicial Boards;
Greek conduct questions are handled by the chapter of which
the accused is a member, Interfraternity Council, Panhellenic
Council, Greek Standards Review Board, etc. Local law enforcement
authorities generally handle off-campus law violations. The
university reserves the right to make a case-by-case determination
as to whether some conduct which occurs off of the premises
of the university may be addressed under this policy.
The Office of Student Affairs normally handles violations
of the Student Code of Conduct that do not fall under the
jurisdiction of the judicial bodies listed above. This office
also serves as the appellate body for Residence Hall Boards
and the Greek Standards Review Board. The Assistant Vice President
for Student Affairs is responsible for the coordination of
administrative judicial programs and proceedings as later
described.
In extraordinary circumstances having a detrimental impact
on the university community, the Vice President for Student
Affairs or his/her designee may determine that summary administrative
suspension or dismissal is appropriate. If such a determination
is made, the student will be so informed and provided with
the opportunity to meet with the Vice President or his/her
designee. After investigation and consideration of information
presented by the student, if any, the vice president or his/her
designee will decide whether a sanction is warranted. This
decision can be appealed to the President or his or her designee,
whose decision will be final.
1. Reporting Violations
Incident reports describing the alleged violation will be
sent to the Assistant Vice President for Student Affairs,
a designee of the Vice President for Student Affairs. (The
Assistant Vice President is hereafter known as the Administrative
Officer). The Administrative Officer will review and investigate
the complaint in order to make a determination concerning
whether the university will charge the student(s) with a Code
of Conduct violation.
2. Student Conference
If a student is charged with a Code of Conduct violation,
he or she will be sent a notice (or called when necessary)
to report to the Administrative Officer in order to discuss
the charge and the disciplinary procedures. If the Administrative
Officer and the charged student can agree upon the facts and
sanctions concerning the charges, the matter will be considered
initially settled. The matter will be considered resolved
once the terms of the sanctions have been completed. The terms
of the sanctions may range from dropping all charges to suspension
(see Sanctions on the following page). The Administrative
Officer will follow up the student conference with a letter
to the student.
In all cases where the facts and sanctions concerning the
charges cannot be agreed upon, the Administrative Officer
will determine whether the student(s) facing possible disciplinary
action will have their case heard by a Student Hearing Panel
or an Administrative Hearing.
3. Administrative Hearing or
Student Panel
a. Student Hearing Panel
The Administrative Officer will assemble the Student Hearing
Panel, which consists of five students and a panel chair.
A committee comprised of representatives from the Office of
Student Affairs and the Student Faculty Court selects members
of the Hearing Panel and the chair at the beginning of the
fall semester. The Administrative Officer will serve as an
advisor to the panel. The hearing will consist of the following
procedures:
(1) The hearing will be closed, and all proceedings will be
confidential. An exception will be allowed if both the charged
student and the complainant agree to an open hearing.
(2) The student charged may bring an advisor or legal counsel
for assistance but must speak for himself or herself. The
role of the advisor or legal counsel will be restricted solely
to advising the student.
(3) The complainant and the charged student will have the
opportunity to call and examine witnesses and to present and
question other evidence. The student is responsible for having
his or her witnesses at the hearing. The university can assist
in obtaining the attendance of students and university personnel.
(4) The panel chair will exercise control over the hearing.
Rules of evidence as used in courts will not be applied in
this type of hearing. Any person who disrupts the hearing
may be asked to leave the hearing. Repetitious or irrelevant
evidence may be excluded.
(5) The standard of proof that will be used is the preponderance
of evidence standard. In other words, a student will be found
in violation of the Code of Conduct only when the evidence
demonstrates it is more likely than not the student committed
the violation.
(6) The Student Hearing Panel will deliberate in closed session
in order to render a decision.
(7) Witnesses (other than the accused) will be present only
during the time they are testifying.
(8) The panel chair will be responsible for rendering the
decision in writing to the accused student. The decision shall
include a summary of the findings and the sanctions imposed.
(9) The decision of the Student Hearing Panel shall be final
unless the student files an appeal as provided in this handbook.
b. Administrative Hearing
The Administrative Officer will be the hearing official and
may invite student(s), faculty, staff or other experts whose
knowledge may be beneficial to serve as the hearing panel.
The hearing will consist of the following procedures:
(1) The hearing will be closed, and all proceedings will be
confidential. An exception will be allowed if both the charged
student and the complainant agree to an open hearing.
(2) The student charged may bring an advisor or legal counsel
for assistance but must speak for himself or herself. The
role of the advisor or legal counsel will be restricted solely
to advising the student.
(3) The university and the charged student will have the opportunity
to call and examine witnesses and to present and question
other evidence. The student is responsible for having his
or her witnesses at the hearing. The university can assist
in obtaining the attendance of students and university personnel.
(4) The hearing official will exercise control over the hearing.
Rules of evidence as used in courts will not be applied in
this type of hearing. Any person who disrupts the hearing
may be asked to leave the hearing. Repetitious or irrelevant
evidence may be excluded. Witnesses (other than the accused)
will be present only during the time they are addressing the
panel.
(5) The standard of proof that will be used is the preponderance
of evidence standard. In other words, a student will be found
in violation of the Code of Conduct only when the evidence
demonstrates that it is more likely than not that the student
committed the violation.
(6) The hearing official panel will deliberate in closed session
in order to render a decision.
(7) The hearing official will be responsible for rendering
a decision in writing to the accused student. The decision
shall include a summary of the findings and the sanctions
imposed.
(8) The decision of the hearing official shall be final unless
the student files an appeal as provided below.
4. Appealing a Decision
An administrative action of a decision of an Administrative/Student
Panel Hearing may be appealed to the Student/Faculty Court
by delivering a letter of appeal to the designated representative
of the court within the time period specified in the decision
(no less than five class days). The procedures of the Student/Faculty
Court are available on request from the Student Government
Office in the Memorial Union.
The decision of the Student/Faculty Court is final unless
the student files an appeal to the President of FHSU. The
procedures for filing an appeal with the President are available
upon request.
SANCTIONS
When a student admits to being or is found to have been in
violation of the FHSU Student Code of Conduct Regulations,
the following responses and sanctions are possible:
Reprimand - Official censure
Restitution - Repayment of any monetary damages
Specifically Defined Sanction - Specific conditions or assignments
given to the student; examples include but are not limited
to:
~Community service
~Research papers/personal essays
~Workshop attendance
~Loss of privileges and exclusion from activities
~Exclusion from specified areas of campus
~Special projects or assignments
Disciplinary Probation - Period of review and observation
during which the student is warned that the misconduct was
very serious and that further violations of the code of conduct
may result in more serious sanctions
Deferred Suspension or Dismissal - Denial of enrollment, attendance
and/or privileges for a specified period of time
Permanent Suspension - Dismissal from the university
Expulsion - Immediate and permanent removal from the institution
(used only when it is believed that the presence of the student
will have a detrimental impact on the university community)
All sanctions may be imposed singularly or in combination.
Sanctions are designed to promote the educational mission
of FHSU. The severity of the sanction(s) imposed is intended
to correspond with the severity or frequency of violations,
as well as the student's willingness to recommit him or herself
to good citizenship through behaviors that fall within the
conduct regulations of the institution.
GREEK HOUSES
FHSU sororities and fraternities are located off campus and
fall under the jurisdiction of the Hays City Police Department.
Student and student organization criminal activities are included
in, but not limited to, the Hays Police Department's annual
crime analysis report submitted to the Kansas Bureau of Investigation.
The FHSU Student Handbook should be consulted for information
regarding the following policies:
~FHSU: A Place to be Alcohol and Drug Free
~Policy regarding the possession, use and sale of alcohol
beverages and enforcement of state underage drinking laws
~Policy regarding the possession, use and sale of illegal
drugs and enforcement of federal and state drug laws
~FHSU Sexual Assault Policy
STUDENT RIGHT-TO-KNOW AND CAMPUS SECURITY ACT
In compliance with 20 USC Sec. 1092 (The Students Right-To-Know
and Campus Security Act), universities are required to publish
an annual security report.
Fort Hays State University's annual security report includes
statistics for the previous three years concerning reported
crimes that occurred on campus. The report also includes institutional
policies concerning campus security, such as policies concerning
alcohol and drug use, crime prevention, the reporting of crimes,
sexual assault and other matters. A copy of this report may
be obtained by contacting the Office of Student Affairs (208
Sheridan Hall, 628-4276) or by visiting http://www.fhsu.edu/judicial/security.
Issued incompliance with 20 USC Sec. 1092 (The Student Right-to-Know
and Campus Security Act), universities are also required to
publish the persistence and graduation rates of their students.
The persistence and graduation rates report for Fort Hays
State University may be obtained by contacting the Office
of Student Affairs (208 Sheridan Hall, 628-4276).
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