Student Code of Conduct

Fairmont State University believes that college is more than academics — it's about learning who you are, how you contribute to a community, and how your choices impact others. The Student Code of Conduct exists to support that journey. It outlines the expectations we have for one another and the process we use when those expectations are not met.

Our goal is to create a campus environment where every student feels respected, safe, and supported. We believe that challenges can be opportunities to grow, and that holding each other accountable is an act of care, not punishment. This Code is designed to help students learn from mistakes, take responsibility, and move forward with purpose.

Fairmont State’s mission is to educate, engage, and elevate. The student conduct process reflects this by:

• Educating students about community standards and personal accountability,
• Engaging students in a fair and transparent process,
• Elevating personal growth by helping students reflect, learn, and contribute positively to their environment.

The student conduct process is student-centered at its core. It emphasizes reflection, support, and proactive solutions that guide students toward success both inside and outside the classroom. Whether the situation involves conflict, confusion, or harm, our approach focuses on learning, communication, and restoring trust when possible.

By choosing to be part of the Fairmont State community, students commit to upholding the values of honesty, respect, responsibility, and inclusion. This Code isn’t just about what not to do — it’s about who we strive to be, together.

The Student Code of Conduct applies to all students of Fairmont State University. This includes undergraduate and graduate students, fully online students, early college participants, and any student organization officially recognized by the University. By choosing to enroll at Fairmont State, students accept the rights and responsibilities that come with being a member of this academic and social community.

Who Is Covered?

This Code applies to:

• All enrolled students, full-time or part-time;
• Students participating in online, in-person, or hybrid programs;
• Students involved in early college or dual enrollment programs;
• Student organizations and groups registered with the University;
• Students between terms, on suspension, or on official leave if the conduct occurred while they were enrolled;
• Students employed by the University, in conduct matters not otherwise governed by employment policies.

When and Where the Code Applies

The Code applies to student behavior that occurs:

• On University-owned or controlled property;
• In residence halls and dining facilities;
• At University-sponsored or affiliated events, whether on or off campus;
• In digital environments connected to academic or campus life, including learning management systems, class discussion boards, video calls, and, in certain circumstances, social media;
• During clinical placements, internships, student teaching, or off-campus study (including study abroad);
• While attending conferences or representing the University in an official capacity;
• Off campus, when the behavior:
• Presents a potential threat to the safety or well-being of the campus community;
• Interferes with University operations or the learning environment;
• Violates law in a way that reflects poorly on the University or its students.

Jurisdiction Summary: This Code follows the student, not just the location. When students are acting as representatives of Fairmont State—formally or informally—their behavior is subject to the expectations outlined in this Code.

Relationship to Other Policies and Procedures

This Code complements, and does not replace, other institutional policies, including but not limited to:

• The Academic Integrity Policy;
• Title IX Sexual Harassment and Misconduct Procedures;
• Residence Life and Housing Guidelines;
• University employee handbooks, where applicable;
• Local, state, and federal laws.

A student may be accountable under this Code regardless of the status of any civil or criminal legal proceedings. The University’s process is separate and may proceed even if charges are reduced, dismissed, or resolved externally.

The following definitions are provided to ensure consistency, transparency, and clarity within the student conduct process. These terms are used throughout the Student Code of Conduct and related procedures. The University recognizes that no list of definitions can be entirely exhaustive, and terms may be interpreted within the context of individual cases.

Where used, the term ‘including’ is intended to be illustrative and not exclusive, allowing definitions to encompass examples without limiting their broader application.

A. Conduct Roles and Participants

• Student: Any individual currently enrolled at Fairmont State University in any capacity (full-time, part-time, online, dual enrollment, or non-degree seeking), or who was enrolled at the time of an alleged incident.
• Complainant: The person or party who reports a concern, incident, or possible violation of the Student Code of Conduct. In some cases, the University may serve as the complainant.
• Respondent: The student (or student organization) alleged to have violated the Student Code of Conduct.
• Advisor: A person chosen by a complainant or respondent to support them during the conduct process. Advisors may not speak on behalf of a party unless permitted under specific policies (e.g., Title IX hearings).
• Hearing Officer / Conduct Officer: A trained University official or panel responsible for reviewing cases, facilitating resolution processes, and determining outcomes.
• Organization: A group of students who have complied with University requirements for recognition or registration, including but not limited to: club, society, association, athletic team, club sports team, fraternity, sorority, band, student government.

B. Examples of Prohibited Conduct

The following categories represent common types of behavior that may violate the Student Code of Conduct. This list is not exhaustive. The University may address conduct that negatively affects the community, regardless of whether it is explicitly named below.

• Alcohol Violation: Possession, use, or distribution of alcohol in violation of University policy or law, including underage drinking and unauthorized possession.
• Drug Violation: Possession, use, distribution, or manufacture of controlled substances or drug paraphernalia, or being under the influence of illegal drugs.
• Harm to Others: Behavior that causes or threatens physical, emotional, or psychological harm, including assault, threats, intimidation, or endangerment.
• Harassment: Repeated or severe conduct that creates an intimidating, hostile, or offensive environment. May be verbal, written, physical, or digital.
• Sexual Misconduct: Unwelcome sexual contact, sexual harassment, stalking, or sexual violence. Additional definitions and procedures are addressed under the University Discrimination and Harassment Policy and Title IX Policy.
• Hazing: Any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate. Additional definitions and procedures are addressed under the Anti-Hazing Policy.
• Disruptive Behavior: Conduct that interferes with the operations of the University or the learning environment, including classroom disruptions and noncompliance with directions.
• Theft / Property Damage: Unauthorized taking or destruction of property belonging to the University or others.
• Weapons Violation: Unauthorized possession or use of firearms, explosives, or other dangerous weapons or materials.
• Bias-Related Incident: Conduct that targets individuals or groups based on race, ethnicity, national origin, gender, sexual orientation, disability, or other protected characteristics. These behaviors may also violate other policies.

C. Process-Related Terms

• Resolution Options: The processes used to resolve reported misconduct, including informal resolution, formal hearings, mediation, or restorative approaches.
• Sanction: A consequence or requirement resulting from a conduct violation. Sanctions are educational and may include warnings, educational tasks, restrictions, or removal from University programs.
• Restorative Justice: A process centered on repairing harm, restoring trust, and rebuilding relationships among those affected by a conflict or violation.
• Medical Amnesty: A policy that permits students to seek emergency medical help for themselves or others in drug/alcohol emergencies without conduct sanctions for personal use, under specific conditions.
• Retaliation: To intimidate threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege at the University because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in a proceeding or process.
• Supportive Measures / Interim Measures: Non-disciplinary services or restrictions offered during an investigation to ensure safety and support, such as changes in housing, class schedules, or campus access.
• Preponderance of the Evidence: The standard of proof used in conduct hearings, meaning it is more likely than not that a violation occurred.
• Fee / Fine: A monetary charge assessed as part of a conduct resolution, typically to cover the cost of property damage, repair, replacement, or to offset administrative costs associated with a violation. Fines are not intended to be punitive but are used to promote accountability and to restore impacted University resources. Common examples include lock rekeying, excessive cleaning, or replacement of damaged property.
  Students have the right to request a review of any fine or fee assessed as part of the conduct process. For more information, see Section X: Appeals.

D. General Interpretive Note

Fairmont State University reserves the right to interpret and apply these definitions based on the context and facts of each case. This list is not exhaustive and may evolve over time to reflect new developments, laws, or community needs.

Fairmont State University is committed to a student conduct process that is fair, transparent, and educational. All students involved in a conduct matter — whether as a complainant, respondent, or witness — are entitled to fundamental rights that ensure dignity, support, and integrity throughout the process.

At the same time, students are expected to uphold responsibilities that reflect their membership in the University community. These rights and responsibilities apply throughout the conduct process, regardless of the nature or severity of the alleged violation.

A. Student Rights

Students have the right to:

• Be treated with dignity, fairness, and respect.
• Receive written notice of any alleged violation and the opportunity to respond.
• Be informed of the conduct process and their role within it.
• Be presumed not responsible for a conduct violation unless determined otherwise through the established process.
• Present relevant information, witnesses, and documentation on their behalf.
• Be accompanied by an advisor of their choosing throughout the conduct process.
• Request a reasonable delay or rescheduling of proceedings for good cause.
• Access applicable policies and procedures.
• Request an appeal, in accordance with the criteria outlined in Section X: Appeals.
• Receive timely notice of the outcome of a conduct case.
• Be free from retaliation or intimidation for participating in the conduct process.
• Request and receive appropriate accommodations under the Americans with Disabilities Act (ADA) to ensure full participation in the conduct process.
• Have their educational records and conduct-related information protected under the Family Educational Rights and Privacy Act (FERPA).

B. Rights of Complainants

Students who report violations of the Student Code of Conduct, including sexual misconduct, harassment, discrimination, or harm to others, have the right to:

• Be treated with sensitivity, respect, and care throughout the conduct process.
• Report incidents without fear of retaliation or judgment.
• Request supportive or interim measures to ensure safety and access to educational programs.
• Be accompanied by an advisor of their choosing in all meetings and proceedings.
• Be informed of available campus and community resources, including counseling, medical, and advocacy services.
• Receive regular updates on the status of the case and its outcome, as appropriate.
• Request a formal or informal resolution process, where applicable.
• Participate in hearings, provide statements, and submit evidence.
• Request an appeal under the guidelines in Section X: Appeals.

C. Student Responsibilities

As members of the University community, students are expected to:

• Uphold the values of honesty, respect, integrity, and responsibility.
• Read and understand the Student Code of Conduct and other University policies.
• Respond to official University communications in a timely manner.
• Participate honestly and respectfully in conduct meetings, investigations, or hearings.
• Comply with the outcomes and deadlines resulting from a conduct case.
• Respect the rights and privacy of all participants in the conduct process.
• Avoid actions that may interfere with, delay, or obstruct the resolution of a conduct case.
• Report conduct violations, safety concerns, or harm to others when appropriate.

Additional Considerations

• Students may choose not to participate in a conduct process; however, the University may proceed with a decision in their absence.
• Student organizations involved in the conduct process have similar rights and responsibilities, with representation through a designated student officer or spokesperson.
• All participants in the student conduct process are encouraged to notify the University of any barriers to access so that reasonable accommodations can be arranged in advance of proceedings.

As a member of the Fairmont State University community, each student is expected to act with integrity, respect, and responsibility. The following behaviors are considered violations of the Student Code of Conduct. This list is intended to illustrate the types of actions that are prohibited — it is not exhaustive. The University reserves the right to address any behavior, whether listed here or not, that undermines the safety, integrity, or functioning of the campus community.

Violations of the Student Code of Conduct may result in disciplinary action as outlined in this document.

A. Personal Integrity and Honesty

[5.A.1] Providing False or Misleading Information

Knowingly furnishing false, incomplete, or misleading information to any University official, faculty member, or office. This includes statements made during conduct meetings, on official documents, or in interactions with staff.

[5.A.2] Forgery or Misuse of Documents

Forging, altering, or misusing any University document, record, key, or ID card. This includes falsifying medical notes, academic documentation, or any official correspondence.

[5.A.3] Unauthorized Use of University Services or Property

Using University services or facilities without proper authorization, including using another person’s ID or access credentials. This also includes unauthorized use of rooms, equipment, or resources.

[5.A.4] Misrepresentation of Identity or Affiliation

Falsely representing oneself as a University official, student leader, or organizational member. This includes impersonating others or providing false credentials for personal gain.

B. Academic Integrity

Academic integrity is a foundational principle of learning at Fairmont State University. All students are expected to uphold standards of honesty and scholarly ethics, as outlined in both this Code of Conduct and the Academic Integrity section of the University’s Course Catalog.

[5.B.1] Plagiarism

Using someone else’s words, ideas, or academic work without proper citation or permission. This includes submitting work completed by another individual or AI tools without attribution, or copying material from sources without proper acknowledgement.

[5.B.2] Cheating

Using or attempting to use unauthorized materials, information, or assistance during exams or assignments. This may include looking at another student’s work, using cheat sheets, or unauthorized collaboration during assessments.

[5.B.3] Unauthorized Collaboration

Working with others on assignments or projects that are intended to be completed individually. This includes receiving help from another student or using shared work without instructor approval.

[5.B.4] Falsification of Academic Records

Fabricating, altering, or misrepresenting data or information in academic work, research, or official University records. Examples include making up research data, changing grades on a returned assignment, or altering transcripts.

C. Respect for Persons

[5.C.1] Physical Harm or Threat

Engaging in or threatening physical violence against another person. This includes actions such as hitting, pushing, fighting, or any conduct intended to cause fear of imminent harm.

[5.C.2] Harassment, Bullying, or Intimidation

Severe, persistent, or pervasive conduct that causes fear, distress, or harm to another person. This can include verbal abuse, online harassment, or targeted intimidation through gestures, messages, or social exclusion.

[5.C.3] Discrimination

Unjust or prejudicial treatment based on protected characteristics such as race, color, religion, sex, national origin, disability, age, gender identity, or sexual orientation. Discrimination may involve exclusion, denial of opportunities, or offensive remarks that interfere with educational access.

[5.C.4] Stalking

Repeated, unwanted attention or contact that causes a reasonable person to feel threatened, harassed, or fearful. This includes following someone, sending excessive messages, or tracking their whereabouts without consent.

[5.C.5] Sexual Misconduct

Engaging in sexual activity without clear, voluntary, and affirmative consent, or engaging in conduct that violates the University's policies on sexual harassment, assault, or exploitation. This includes unwanted touching, coercive behavior, or sharing intimate materials without consent.

D. Community Safety and Wellbeing

[5.D.1] Possession or Use of Weapons

Possessing , explosives, knives, or any object that can be construed as a weapon on University property without explicit permission. This includes both real and replica items that may cause alarm or potential harm.

[5.D.2] Fire Safety Violations

Tampering with fire alarms, smoke detectors, fire extinguishers, or other safety equipment; or initiating a false fire alarm. Such behavior endangers the community and disrupts emergency preparedness protocols.

[5.D.3] Dangerous Substances

Unauthorized possession, use, or disposal of hazardous materials or chemicals that may pose a threat to others or the environment. This includes improper storage or mishandling of cleaning agents, lab chemicals, or flammable items.

[5.D.4] Endangering Behavior

Engaging in behavior that puts others at risk of physical harm, illness, or significant distress. This may include reckless driving on campus, failing to follow safety procedures, or ignoring health guidelines during public health concerns.

E. Alcohol and Drug Violations

[5.E.1] Underage Possession or Use of Alcohol

Possessing or consuming alcoholic beverages while under the legal drinking age as defined by state law. This includes being in the presence of underage drinking in University housing or at student events.

[5.E.2] Public Intoxication or Disruptive Behavior

Being visibly intoxicated in a way that disturbs others, impairs functioning, or creates a safety risk. This includes any behavior associated with alcohol or drug use that results in University or emergency response involvement.

[5.E.3] Illegal Drug Activity

Possessing, using, distributing, manufacturing, or selling illegal substances or controlled drugs without a valid prescription. This includes marijuana, even if legal off campus, if prohibited under federal or University policy.

[5.E.4] Prescription Drug Misuse

Using prescription medications in a way not intended by the prescriber, or distributing medications to others. Misuse includes taking someone else’s prescription or combining prescriptions with other substances in unsafe ways.

[5.E.5] Driving Under the Influence

Operating a motor vehicle on or off campus while under the influence of alcohol, marijuana, or any other substance that impairs the ability to drive safely. This behavior poses serious risk to oneself and others.

F. Property and Facilities

[5.F.1] Theft

Taking property that does not belong to you without permission. This includes attempting to take, possessing, or using lost, stolen, or mislaid property without making reasonable efforts to return it.

[5.F.2] Vandalism

Damaging, defacing, or destroying University or personal property. This includes graffiti, intentional breakage, or sabotage of equipment or spaces.

[5.F.3] Unauthorized Entry

Accessing restricted buildings, rooms, or areas without proper authorization. This includes entering during closed hours, using another person’s access credentials, or bypassing security measures.

[5.F.4] Misuse of University Resources

Using University equipment, services, or spaces for personal gain, unauthorized activities, or in violation of policy. This may include unauthorized use of office supplies, copying services, or technology assets.

G. Technology and Information

[5.G.1] Unauthorized Access

Gaining access to computer systems, networks, accounts, or data without appropriate authorization. This includes using others' login credentials, bypassing security protocols, accessing restricted systems, or engaging in unauthorized credential harvesting.

[5.G.2] Malicious Software

Creating, distributing, or using software designed to disrupt, damage, or gain unauthorized access to systems. This includes viruses, malware, spyware, or hacking tools.

[5.G.3] Cyberbullying

Using electronic communication to harass, intimidate, or threaten another individual. This includes sending harmful or unwanted messages, doxing, impersonation, or stalking online.

[5.G.4] IT Policy Violations

Violating any part of the University’s Information Technology policies, including acceptable use, email guidelines, and device management protocols. Misuse may include excessive non-academic use of resources, data privacy breaches, or network abuse.

[5.G.5] Responsible Use of Emerging Technologies

Misusing artificial intelligence, deepfakes, or other emerging technologies in ways that violate academic integrity, privacy, or ethical standards.

[5.G.6] Social Engineering and Phishing

Engaging in or facilitating deceptive practices to gain access to systems or information, such as phishing emails, fake websites, or impersonation.

H. Disruption and Disorderly Conduct

[5.H.1] Interference with University Operations

Obstructing or disrupting teaching, learning, administration, disciplinary proceedings, or other University functions. This includes protest behavior that prevents others from participating in scheduled activities.

[5.H.2] Riotous Behavior

Participating in or inciting a riot, mass disturbance, or other unauthorized public gathering that threatens health or safety. This includes failing to disperse when directed by authorities.

[5.H.3] Lewd or Obscene Conduct

Engaging in behavior that is offensive, sexually explicit, or inappropriate in public or semi-public settings. This includes public nudity, indecent exposure, or exhibitionism.

[5.H.4] Noncompliance

Failing to comply with the directions of University officials or emergency personnel acting in their official capacity. This includes refusing to present identification or ignoring lawful instructions.

I. Residence Life Violations

[5.I.1] Housing Policy Violations

Violating any terms outlined in the Residence Life Handbook or Housing Agreement. This may include occupancy limits, prohibited appliances, or unapproved room modifications.

[5.I.2] Unauthorized Guests

Allowing guests into residence halls in violation of guest policies or without proper registration. This includes hosting overnight guests beyond allowed timeframes or failing to escort guests.

[5.I.3] Excessive Noise or Uncleanliness

Disrupting community quiet hours or maintaining living conditions that are unsanitary or hazardous. Excessive accumulation of trash, odors, or unattended spills may also fall under this violation.

[5.I.4] Safety Equipment Tampering

Disabling, covering, or misusing fire alarms, smoke detectors, exit signage, or other safety infrastructure within residential spaces. This behavior places all residents at risk.

J. Student Organizations

[5.J.1] Hazing

Any activity expected of someone joining a group that causes humiliation, harm, or risk, regardless of consent. Hazing may include forced consumption of substances, sleep deprivation, or physical and emotional strain. Organizations and individuals are both subject to accountability.

[5.J.2] Financial Misconduct

Improper use of organizational funds or misrepresentation in financial records. This includes failure to maintain accurate budgeting, falsification of receipts, or unauthorized transactions.

[5.J.3] Unauthorized Events

Hosting events in violation of campus policy, without approval, or in unsafe conditions. Events that involve alcohol, high-risk activities, or off-campus functions may also fall under this category if not properly coordinated with University officials.

[5.J.4] Policy Violations by Organizations

Failure to uphold University expectations specific to registered student groups. This includes violating the Student Organization Handbook or any agreements entered into with University departments.

[5.J.5] Failure to Comply with Recognition Requirements

When an organization does not meet administrative obligations such as training, roster updates, or risk management certifications required for recognized status. Lack of compliance may affect event access or eligibility for funding.

[5.J.6] Failure to Supervise

When organization officers or leaders knowingly allow, fail to address, or ignore conduct violations by members acting on behalf of the group. Executive board members are expected to intervene or report misconduct when they are aware of it.

[5.J.7] Misuse of Organizational Status

Using the organization's name or branding to misrepresent affiliation, sponsor unauthorized activity, or bypass University approval processes. This may include misuse on social media, facility reservations, or financial partnerships.

[5.J.8] Violation of Sanctions or Interim Measures

Disregarding or failing to comply with disciplinary sanctions, cease-and-desist orders, or interim restrictions imposed on the organization or its members. Continued operation during a suspension or ignoring terms of probation may fall under this category.

K. Legal and Policy Compliance

[5.K.1] Violation of Law

Engaging in conduct that violates local, state, or federal law, especially if it also negatively impacts the University community. Criminal charges may lead to both legal and University consequences regardless of legal outcome.

[5.K.2] Policy Violations Not Elsewhere Specified

Failing to adhere to University rules, regulations, or procedures that are not explicitly referenced in other sections of the Code. This includes departmental, programmatic, or employment-related expectations.

[5.K.3] Retaliation

Taking adverse action against any individual for participating in or cooperating with a conduct investigation or report. Retaliation includes threats, intimidation, coercion, or other forms of interference.

[5.K.4] Abuse of Conduct Process

Interfering with the integrity of the conduct system by falsifying information, disrupting proceedings, or attempting to influence officials or witnesses. This includes submitting knowingly false reports or misusing the appeal process.

When a student or organization is reported for behavior that may violate the Student Code of Conduct, the University uses a fair and transparent process to review and resolve the concern. The conduct process is designed to be educational, equitable, and focused on growth and accountability.

Depending on the nature and severity of the reported behavior, the University may utilize informal, formal, or alternative resolution pathways.

A. Initial Review and Case Referral

1. Incident Report Submission:
   Concerns may be reported by students, faculty, staff, or community members through the University’s reporting system.
2. Preliminary Review:
   A Conduct Officer or designated staff member reviews the report to determine whether the information suggests a potential policy violation and whether a formal or informal resolution is appropriate.
3. Case Assignment:
   If the behavior may violate University policy, the case is assigned to a resolution pathway. In cases involving potential safety concerns, interim measures may also be considered (see Section III).

B. Informal Resolution

Informal resolution may be used for lower-level concerns or when both parties agree that a formal hearing is not necessary. Informal options may include:

• Educational conversations
• Reflective assignments
• Mediation or facilitated dialogue
• Written warnings or behavior contracts

Informal resolution is not considered a formal conduct outcome and typically does not result in a disciplinary record, unless otherwise specified.

C. Formal Conduct Process

For more serious or disputed matters, the University will initiate a formal conduct process. This includes:

1. Notice of Allegations:
   The respondent receives written notice of the alleged violations, a summary of the incident, and information about their rights and responsibilities.
2. Meeting with a Conduct Officer:
   The student meets with a Hearing Officer to review the case, ask questions, and respond to the allegations.
3. Hearing Process (if applicable):
   If the facts are in dispute or if a hearing is required by policy, the student may participate in a hearing — individually or before a conduct board/panel.
4. Outcome Notification:
   Students receive a written outcome explaining the decision and any sanctions, along with appeal information.

Note: In Title IX-related cases, the process may follow additional procedures in compliance with federal regulations.

D. Alternative and Restorative Resolution Options

In appropriate cases, students may be offered or may request alternative resolution processes, including:

• Restorative Justice Conferences: Brings together those harmed and those responsible to repair relationships and restore community trust.
• Conflict Coaching or Mediation: Structured conversation facilitated by a neutral party.
• Community Impact Circles or Educational Workshops

These approaches are voluntary, require mutual consent, and may not be appropriate in all situations (e.g., some Title IX matters).

E. Interim Measures

When necessary to protect individuals or preserve the integrity of the process, the University may implement interim measures, including:

• No-contact directives
• Housing relocations, restriction, or suspension
• Temporary removal from class or activities
• Access restrictions to specific areas of campus

Interim measures are not disciplinary and do not indicate a finding of responsibility. They remain in effect until lifted or modified by the University.

Fairmont State University is committed to the health and safety of its students. In situations involving potential alcohol or drug overdose, the University prioritizes the wellbeing of those involved over disciplinary action. The Medical Amnesty Policy allows students to seek help in medical emergencies without fear of conduct sanctions related to their own personal use of alcohol or other substances.

This policy is intended to encourage students to make responsible decisions and to get help for themselves or others when needed.

A. When Medical Amnesty Applies

Medical amnesty may be granted when:

• A student calls for emergency assistance for themselves or another person due to alcohol or drug-related concerns;
• The student remains with the individual needing help until assistance arrives;
• The student cooperates fully with emergency personnel and University staff.

If these conditions are met, the student(s) involved generally will not be subject to conduct sanctions for violations related to personal use or possession of alcohol or drugs at the time of the incident.

B. Limitations of Medical Amnesty

Medical amnesty does not apply to:

• Repeated violations or ongoing patterns of high-risk behavior;
• Other conduct violations that occurred in conjunction with the incident (e.g., assault, property damage, harassment);
• Individuals who were distributing or selling drugs;
• Failure to follow through with any educational or health-related follow-up required as a condition of amnesty.

Medical amnesty does not prevent law enforcement from taking action under local, state, or federal law.

C. Follow-Up Requirements

Students granted medical amnesty may still be required to:

• Meet with a conduct or wellness officer;
• Complete an alcohol or drug education program;
• Participate in a reflection activity or wellness check-in.

These measures are non-punitive and designed to support student wellbeing and informed decision-making.

Student organizations are vital to campus life at Fairmont State University. With that privilege comes responsibility. Organizations and their members are expected to uphold the values of the University and comply with institutional policies.

An organization may be held responsible for misconduct when the behavior:

• Is committed by one or more members while acting in the scope of their organizational role;
• Occurs at an event or meeting sponsored, endorsed, or supported by the organization;
• Is facilitated, endorsed, or tolerated by leaders or representatives of the organization;
• Reflects a pattern of behavior linked to the organization’s culture, practices, or environment.

The organizational conduct process is designed to be educational, fair, and focused on community responsibility and prevention.

Organizational cases are managed in partnership with the Division of Student Affairs, specifically through the Unit for Student Engagement and Activities, which oversees registration, training, and policy adherence for all recognized student organizations.

A. Examples of Organizational Misconduct

Examples include, but are not limited to:

• Hazing or initiation practices that cause harm or violate policy;
• Hosting events with alcohol or drugs in violation of University policy;
• Failure to comply with University registration, safety, or event planning requirements;
• Misuse of organizational funds or privileges;
• Retaliation or intimidation related to reporting misconduct;
• Violations of housing, fire safety, or facility use guidelines during events.

B. Dual Accountability

• An organization may be held accountable separately from individual students involved in the incident.
• Students may face individual conduct processes in addition to organizational action.
• The standard for responsibility is based on whether the organization as a whole failed to uphold University expectations.

C. Process for Resolution

Organizational cases follow a similar process to individual conduct cases:

1. Notice: The organization is notified of the alleged violation(s) and asked to designate a student leader or representative.
2. Meeting: A conduct officer meets with the designated representative to review the report and allow the organization to respond.
3. Investigation (if needed): Additional information may be gathered, including interviews, documents, or event reports.
4. Decision and Outcome: The organization is informed of any findings and outcomes, including required actions or sanctions.

Organizations have the same rights to fairness, support, and appeal as individual students.

D. Organizational Sanctions

Sanctions are designed to educate, restore community trust, and prevent future harm. Possible sanctions include:

• Written warning or reprimand
• Probationary status
• Loss of privileges (e.g., event hosting, funding)
• Educational requirements (e.g., risk management training)
• Restitution or restorative actions
• Suspension or revocation of University recognition

E. Coordination with National or Governing Bodies

If the organization is affiliated with a national, regional, or governing body (e.g., national fraternity, athletics, club sport), the University may share conduct information with those entities when appropriate.

When a student or student organization is found responsible for violating the Student Code of Conduct, the University may assign sanctions or educational outcomes intended to promote accountability, repair harm, and support student development.

Sanctions are designed to be fair, consistent, and proportional to the nature and severity of the violation. In determining an appropriate outcome, the University considers:

• The seriousness of the conduct
• The student’s or organization’s conduct history
• The impact on others and the community
• Opportunities for education and growth
• Whether the student took responsibility or demonstrated genuine reflection

A. Possible Sanctions

Sanctions may be assigned individually or in combination and may include, but are not limited to:

1. Status-Based Sanctions

• • Warning: A written notice that the behavior is inconsistent with University expectations and that future violations may result in more serious outcomes.
  • Conduct Probation: A period of time during which further violations may result in suspension or more severe sanctions.
  • Deferred Suspension: The student remains enrolled under specific conditions. A subsequent violation will likely result in immediate suspension.
  • Suspension: Temporary removal from the University for a defined period, with conditions for return.
  • Expulsion: Permanent separation from the University.

2. Educational and Reflective Outcomes

• • Reflective essays or learning projects
  • Alcohol, drug, or wellness education
  • Community service
  • Apology letters or facilitated conversations
  • Attendance at workshops or trainings (e.g., conflict resolution, bystander intervention)

3. Restorative and Reparative Actions

• • Restitution for damaged or stolen property
  • Participation in a restorative justice process
  • Required mediation or community re-engagement

4. Housing and Access-Related Outcomes

• • Relocation within University housing
  • Loss of housing eligibility
  • Restriction from specific buildings, programs, or campus activities
  • No-contact directives with specific individuals

5. Organizational Sanctions

• • Probation or loss of University recognition
  • Event restrictions or loss of privileges
  • Required training for officers or members
  • Policy revisions or community service initiatives

B. Failure to Comply with Sanctions

Failure to complete assigned outcomes by the stated deadline may result in additional disciplinary action, including registration holds, additional sanctions, or escalation of status (e.g., probation to suspension).

C. Educational Philosophy

Sanctions at Fairmont State are rooted in a developmental and student-centered philosophy. While consequences are necessary to maintain community standards, they are also opportunities to reflect, grow, and re-engage with integrity. The conduct process is not just about what happened — it’s about who the student is becoming.

Fairmont State University is committed to a fair and transparent conduct process. Students and student organizations found responsible for violations of the Student Code of Conduct have the right to request an appeal of the decision or the assigned sanctions, provided they meet the criteria outlined below.

Appeals are not automatic re-hearings, but a focused review of the original decision based on limited grounds.

A. Who May Appeal

An appeal may be submitted by:

• The respondent (student or organization) found responsible;
• The complainant, in cases involving harm to others (e.g., harassment, assault, discrimination);

B. Grounds for Appeal

An appeal will be considered only if it is based on one or more of the following grounds:

1. Procedural Error: A significant error occurred in the process that affected the outcome.
2. New Information: Substantial new evidence has become available that was not reasonably available at the time of the original decision.
3. Disproportionate Sanction: The sanction(s) imposed were clearly excessive in relation to the violation.

Appeals that do not clearly meet one of these criteria may be dismissed without further review.

C. How to Submit an Appeal

• Appeals must be submitted in writing within five (5) business days of receiving the written outcome.
• The appeal must clearly state the grounds for appeal and provide any supporting documentation.
• Appeals should be submitted to the office identified in the outcome letter, typically the Office of Student Conduct or appropriate designee in the Division of Student Affairs.

D. Appeal Review Process

1. Initial Review: The designated appeal officer or panel reviews the written appeal to determine whether it meets the accepted grounds.
2. Investigation or Clarification (if needed): If further context or documentation is required, the appeal officer may consult involved parties or request additional information.
3. Decision: The appeal officer may:
   • Uphold the original decision and sanction(s)
   • Modify the sanction(s)
   • Remand the case for a new hearing or review
   • Overturn the decision, if a significant error is found

The decision of the appeal officer is final, and no further appeal is available within the University.

E. Appeals of Fines or Fees

Students may request a review of fines or fees related to conduct outcomes (e.g., housing damage charges, cleaning fees) by following the same appeal process outlined above. These appeals must also be submitted within five (5) business days of notification and must include supporting documentation or justification.

Exception: Appeals will not be considered if the student has previously signed an agreement waiving the right to appeal specific charges — such as an Express Checkout Agreement in Housing. By signing such a waiver, the student agrees in advance to accept final inspection findings and associated charges.

See also Section III: Definitions under “Fee / Fine” for reference.

F. Appeal Routing

Appeals are reviewed by the next appropriate level of institutional authority who was not involved in the original decision. The table below outlines the typical appeal structure:

Initial Decision Maker	Appeal Reviewed By
Residence Director / Conduct Officer	Director of Residence Life or Designee
Director of Residence Life	Assistant Vice President for Student Wellbeing & Housing
Assistant Vice President (AVP)	Vice President for Student Affairs

Note: Appeals must be submitted in writing within five (5) business days. The University reserves the right to assign another trained official if a conflict of interest or scheduling concern arises.

* Academic integrity violations and Title IX-related cases may follow separate appeal procedures in accordance with relevant University policies and federal regulations. Students will be notified when a different process applies.

Fairmont State University maintains conduct records in accordance with federal law, institutional policy, and principles of privacy and fairness. Student conduct records are educational in nature and are protected under the Family Educational Rights and Privacy Act (FERPA). Students have the right to inspect and review their conduct record as part of their educational file under FERPA, subject to reasonable request procedures.

This section outlines how records are managed, who has access, and how long they are retained.

A. Confidentiality and Access

• Conduct records are maintained by the Office of Student Conduct or designated Student Affairs unit and are considered part of a student’s educational record.
• Records are confidential and are not released to external parties (including parents or guardians) without the student’s written consent, unless permitted or required by law.
• Certain exceptions exist, including:
  • Health and safety emergencies
  • Requests under subpoena or court order
  • Authorized school officials with a legitimate educational interest

Students may request to review their conduct file by submitting a written request to the Office of Student Conduct.

B. Duration of Record Retention

• Most conduct records are retained for seven (7) years from the date of the final resolution.
• Records related to suspension or expulsion are retained permanently.
• Records for student organizations are retained for at least five (5) years following the incident or the organization’s last active status, whichever is later.

C. Transcript Notations and Disclosures

• Conduct sanctions are generally not noted on a student’s academic transcript, except in cases of suspension or expulsion, where a notation may be required under state or federal reporting guidelines.
• Students applying to graduate schools, professional programs, or transferring institutions may be asked to disclose past conduct. The University may confirm such information upon student request or with proper authorization.

D. Employment and Campus Involvement

• Certain conduct records may be reviewed when a student applies for campus leadership roles, employment, study abroad, or other opportunities requiring student eligibility screening.
• Conduct history may be considered in decisions related to residence life staff, student government, campus ambassadors, and similar positions of responsibility.