Residents are expected to uphold and follow the Residential Life policies and the Code of Conduct as presented in the Residential Life Handbook and the Student Code of Conduct.
If it is determined that there is a possible policy violation, a hearing will be scheduled In order to clarify the resident’s involvement. The Hearing Notification letter will be sent to the resident’s Missouri Western email and shall include the following information: alleged violation(s), the time, date, and place of the hearing. The letter will also list the conduct officer. For residents the conduct officer is almost always the Residence Hall Director of the building that the residents resides. Even if the incident occurs in another residence hall, it will still be heard by that individual’s RHD.
Notice will be given to the resident a minimum of three (3) business days (excluding school holidays or closures) prior to the hearing.
A resident who cannot attend the hearing must submit a written statement via email to the their Resident Hall Director (Conduct Officer) stating the reasons for the conflict and requesting a new hearing date. This statement must be submitted no less than one (1) day before the beginning of the hearing.The hearing may be rescheduled, at the discretion of the RHD. Only one (1) change of hearing date and time may be granted.
Administrative Hearings: A conduct hearing where there is an uncontested allegation and/or where the alleged violation if found to be true would typically result in a residential life or university warning or probation.
Formal Hearings: A conduct hearing that is recorded and follows a prescribed format. Formal hearings are typically conducted when a student is charged with alleged violations of the Student Code of Conduct that are serious enough to possibly reach the level of University suspension.
If the resident does not appear for his or her hearing, the hearing will be held in the resident’s absence. The Residence Hall Director (Conduct Officer) will review the available information to determine whether or not a violation occurred. If it is determined that a violation occurred, the Residence Hall Director (Conduct Officer) will decide upon the sanctions that will be imposed. The resident will then be notified of the decision via email to their Missouri Western email. The resident is responsible for checking their email and complying with the assigned sanctions. Such an absence will not be considered grounds for an appeal.
If a resident resident is found in violation of any of the Residential Life policies and/or Code of Conduct that they were charged with, the Residence Hall Director (Conduct Officer) will then impose sanctions. The first sanction is the resident’s status with Residential Life and/or the University. This includes Residential Life warning, Residential Life probation, Residential Life suspension or contract termination, University warning, University probation or University suspension. The Residence Hall Director will also assign sanctions that foster a Resident’s self-reflection, learning, connection to resources or the university, or serve as restitution for their policy violation. These sanctions include but are not limited to reflection papers, educational sanctions, referrals to other offices, fines or a loss of privileges such as visitation or guest privileges.
If a sanction has a deadline, it is the resident’s responsibility to complete that sanction by the prescribed deadline. Failure to complete the sanctions will result in a hold being placed on the resident’s account preventing them from registering for classes, making changes to their class schedule etc. The resident may also be charged for the additional Code of Conduct policy violation for Non-Compliance with Policies, Laws and Requests.
A resident has three (3) business days after letter date of the written notification of a
disciplinary decision to file an appeal. The appeal form will be attached to the Conduct Hearing Outcome letter sent to the resident’s Missouri Western email. The resident must follow all instructions on the appeal form. Failure to appeal within the three (3) day period waives the right to appeal. Sanctions will not be implemented while an appeal is under consideration unless special circumstances apply.
Grounds for appeal are as follows:
- The student was not given due process
- New or additional evidence became available
- The conduct sanction was inappropriate for the violation
- The decision was not based on competent and substantial evidence
Further comments or questions regarding the Residential Life conduct review process at Missouri Western State University should be submitted to your Residence Hall Director via email or phone.
Understanding how to support your Griffon and how to navigate FERPA Policy.
FERPA and Confidentiality
The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that provides students the right to inspect and review education records, the right to seek to amend those records and to limit disclosure of information from the records. The intent of the legislation is to protect the rights of students and to ensure the privacy and accuracy of education records. Education records are defined as those records which directly relate to a student and are maintained by an educational agency or institution or by a party acting on behalf of that institution. Any educational institution that receives funds under any program administered by the U.S. Secretary of Education is bound by FERPA requirements.
Although there are some exceptions, as a general rule, Missouri Western will not disclose to third parties personally identifiable information from a student’s education records without the student’s written consent. This includes a resident’s conduct record or conduct status. In order for the Residence Hall Director (Conduct Officer) to discuss a resident’s conduct case with you or anything else that is covered by FERPA. A FERPA waiver must be filled out by the resident and turned into their RHD. Residents receive FERPA waivers attached to their Hearing Notification letter. They may also contact their RHD for the FERPA form via email or phone.
Additional information regarding FERPA may be obtained from the Office of the Registrar, Eder 102 or the University’s Risk Manager, Popplewell 221.