When a student has been documented for an alleged policy violation, several avenues exist to resolve the incident:
Initial Hearing with Residence Director: Residential students have the option of resolving first-offense, simple incidents with the residence director of the building where the alleged violation occurred. Students may accept responsibility for violations and appropriate educational sanctions through a mutual agreement with the residence director. Mutual agreements may not be appealed and are subject to final approval by the director of student conduct.
Conduct Hearing with Director of Student Conduct: Residence directors may refer cases to the director of student conduct when a mutual agreement is not reached, or when the alleged behavior is beyond their scope of authority. Non-residential students who are documented for alleged misconduct are automatically referred to the director of student conduct. Conduct hearing outcomes and sanctions may be appealed to the dean of students under certain conditions that are outlined in the Code of Student Conduct.
This federal regulation is designed to protect the privacy of student’s education records. Education records are all records that contain information directly related to a student and are maintained by an educational agency or institution, or by a party acting for the agency or institution. All FERPA rights transfer from the parent to the student when a student turns 18 or attends a postsecondary institution - regardless of parental information that may have been required when applying for financial aid. Therefore, SCAD faculty and staff are unable to discuss matters with members of the student’s family (regardless of relationship), or other third parties, without the express written consent from the student. Students are afforded four basic rights under FERPA. Contact the office of student conduct for further explanation of these rights.
- The right to inspect and review his or her own educational record.
- The right to request amendment of that educational record that the student believes to be inaccurate or misleading.
- The right to consent to disclosures of personally identifiable information contained in the education record, except to the extent that FERPA authorizes disclosure without consent.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures of the college to comply with the requirements of FERPA.
The following are rights of due process that apply to students involved in the student conduct process, according to the Code of Student Conduct.
- The right to be informed of all charges in writing
- The right to be notified of the date, time and location of a hearing
- The right to review all evidence brought against the accused
- The right to reasonable access to the case file
- The right to confidentiality regarding student conduct matters
- The right to provide names of individuals who can provide information regarding the incident in question
- The right to a written statement regarding the outcome of a hearing
- The right to appeal the decision to the appropriate college official, according to established appeal procedures
Through student conduct proceedings, the focus shall be on determining whether or not a reported action is a violation of the Code of Student Conduct. Accused students shall be considered not responsible until found responsible based upon a preponderance of evidence, that is, that it is more likely than not that the student committed a violation of the Code of Student Conduct. The burden of proof shall rest with the college.
