Frequently Asked Questions
General FAQs
How SARP receives reports
SARP receives reports from both inside and outside of the University community. Any member of the TU community can file a report. The report may contain information suggesting a potential violation of the Code of Student Accountability. In that case, the accountability process begins.
Electing to not participate
Students are not required to meet with our office for a Conduct Resolution Meeting. However, the Conduct Resolution Meeting is their opportunity to share their perspective, see reports that have been submitted, provide names of witnesses that can provide additional information, and answer any questions the Hearing Officer may have before they make a decision. The student's perspective is critical in forming a clear and full picture of the incident. We also know that students build valuable self-advocacy skills by participating in the process. Students who don't participate are not presumed to be responsible. If students fail to attend a Conduct Resolution meeting, a decision about their responsibility will be made in their absence using the available information.
Support Persons accompanying students
Students are entitled to bring a Support Person with them to any meeting or proceeding involved in their accountability process. While we welcome the involvement of family & support persons, the ultimate decision is up to the student as to who they bring. More information regarding Support Persons can be found on the Information for Support Persons page.
Deciding Responsibility
Towson University uses the preponderance of evidence standard. This means that the evidence must demonstrate that it is more likely than not that the conduct occurred in order to say that the student is responsible for violating policy(s).
Determining Accountability Actions
Generally, both status and educational Accountability Action(s) are assigned when a student is found responsible for having violated policy(s). A variety of factors are considered when determining what Accountability Actions(s) are appropriate for a particular student, including the impact the incident had on the campus community, severity of the violation, past disciplinary history of the individual, circumstances related to the incident, and educational value of the Accountability Action.
Graduate Schools & Prospective Employers
Many graduate schools and employers request information regarding a student's disciplinary record. Due to FERPA, a student's record will only be released to a third party with their written permission. When a student is found responsible for having violated a policy in the Code of Student Accountability, a disciplinary record is created. SARP maintains student's disciplinary records for seven years from the date of the incident, or indefinitely, if the student is suspended, expelled, or removed from on-campus housing.
Off-campus Incidents
If a student is charged with a violation of federal, state, or local laws for off-campus behavior, they may be held accountable by the university without a Hearing when: they are found guilty by a court of law; they plead guilty or nolo contendere to the charges; or they are given probation before judgment. Additionally, interim or final disciplinary action may be taken before any court action is completed. Examples of charges that may result in action include acts of violence, drug and alcohol related violations, and a citation for a disorderly house. Such action will be taken only after a limited investigation by the Office of Student Accountability and Restorative Practices and after a student has been offered a meeting with a university official. Any interim action will be reviewed, and appropriate final action taken, at the student's request or at the university's discretion, when a final court decision is rendered or when the university receives additional persuasive evidence.
It is important to distinguish that the accountability process is an administrative process intended to address allegations of policy violations, whereas the court process is meant to address violations of law. The University will pursue its accountability process independent of pending criminal charges, regardless of whether they are dismissed, dropped, or otherwise resolved. Additionally, the University's standard of evidence (preponderance) is generally lower than that of many courts. Although a criminal charge may have been dismissed, the actions involved may still be a violation of the University's policy(s). Finally, the University has a vested interest in the holistic development of our students. We want for all students to represent themselves and the University in a positive light; therefore, we address the misconduct of our students regardless of the location where an incident occurred.
Family Educational Rights and Privacy Act (FERPA)?
The Family Educational Rights and Privacy Act of 1974 (FERPA) is a Federal law that provides students with access to inspect and review their educational records and protects students right to privacy by limiting access to the educational record. The Office of Student Accountability and Restorative Practices will not release a student's disciplinary record to a third party without their consent, unless directed by a court order. A student is guaranteed the right to inspect and review all information in their file maintained by the Office of Student Accountability and Restorative Practices, subject only to reasonable regulations as to time, place, and supervision. FERPA permits the university to contact a student's parent(s) or legal guardian if they are under the age of 21, with information regarding any violation of university policy or state, federal or local law governing the use or possession of alcohol or a controlled dangerous substance.
Record Retention
Student disciplinary records are retained for seven years if a student is found responsible. Disciplinary records may be retained for longer periods of time if the accountability action is suspension or expulsion from the University or university housing.
Legal Representation
If a student is facing concurrent criminal charges and requests a Hearing, they are permitted to have legal counsel present at the Hearing. Legal counsel may not participate in the Hearing, but may advise the student as a Support Person.
Hearing v. Informal Investigation?
A Hearing is offered when the potential accountability action may be suspension or expulsion from the University. A Hearing is a fact finding process conducted by the Hearing Board. An informal investigation will be conducted for violations resulting in lesser accountability actions. An informal investigation will normally consist of an informal, non-adversarial meeting between the accused and a University administrator, as designated by the Director of the Office of Student Accountability and Restorative Practices. For further information regarding these student accountability processes, see the Code of Student Accountability.
FAQ for Responsible Tiger Protocol
What does it mean to be cooperative?
What substances are covered under this policy?
Alcohol, marijuana, and any other intoxicating substances that could leave someone incapacitated, are covered under this policy.
If I’m drunk/under the influence too, will I get in trouble?
If you call on behalf of someone else who requires medical attention and are also intoxicated, you will still be required to meet with a member of the SARP staff. You may also be assigned further education, but you would not incur a formal disciplinary record as long as you remain cooperative throughout the process.
Will I be drug tested? What is the assessment?
No, you will not be drug tested. The assessment is a 60-minute counseling session with an alcohol and drug counselor in the Counseling Center. The purpose of the assessment is to better understand each student’s substance use and determine what additional education or counseling may be most beneficial for their individual growth and development.
How are organizations eligible?
If an organization is hosting an event in compliance with all university regulations, and an individual shows up already intoxicated, the organization can qualify for Responsible Tiger Protocol if someone calls for help.
Who does this apply to?
This policy applies to current Towson University Students. This also means that the policy will apply to a Towson student who calls for help for a non-affiliate.
What if I’m already on probation?
If you are eligible for this protocol, completing this process would not affect your current disciplinary status.
How many times can I use this?
FAQ for Attorneys
I have been asked to represent a student in the conduct process. How do I establish this with the university?
It is the practice of the Office of Student Accountability & Restorative Practices to correspond at all times directly through the student and not through any third party. In order for the Office of Student Accountability & Restorative Practices to speak with an attorney, we first need a signed Disciplinary Record Authorization Form (PDF) (see above) from the student. Once this has been submitted, we can speak with a third party about any allegations against the student and their status in the student accountability process.
What happens if my client refuses to participate in the student accountability process?
As per the Code of Student Accountability, if the accused student refuses to participate in the student accountability process, the accountability process will take place in the absence of the accused student. If a student chooses not to attend or not to speak during meetings or Hearings, the decision maker(s) will make a decision based on information available. The student may not use their refusal to participate as a later ground for appealing a decision.
Why isn't my client afforded the same protections that they would receive in the criminal process?
The student accountability system is not judging criminal guilt, but rather whether a student has violated campus policies. The courts have long recognized the differing interests of the university community from that of the criminal justice process. Although there are basic concepts of fairness that apply to student disciplinary proceedings, the student accountability system serves administrative and educational functions relating to the mission of Towson University. Therefore, many of the intricate rules and processes found in a court system are not applicable to university accountability procedures.
My client is charged with a crime off campus. Can I get the proceedings delayed until the criminal matter is concluded?
The University's accountability process will normally proceed independently of pending criminal charges. Students charged with a violation of local, state, or federal laws for off-campus behavior may be held accountable by the university without a Hearing. If a request is made by a student with pending criminal charges to delay the university's accountability process, the Director of the Office of Student Accountability and Restorative Practices will determine whether the request can be honored. The university reserves the right to take interim or emergency action against the student pending the outcome of the accountabiltiy process.
What is the burden of proof in the accountability process?
The burden of proof in the student conduct process is preponderance of the evidence.
What other resources are available for me to learn more about the law as it relates to campus accountability proceedings?
Here is a list of publications that may be useful:
- Kaplin, William A. & Barbara A. Lee. (2006). The law of higher education, (4th ed.). San Francisco: Jossey-Bass.
- Bickel, Robert D. & Lake, Peter F. (1999). The rights and responsibilities of the modern university: Who assumes the risk of college life? Durham, NC: Carolina Academic Press
- Paterson, B.G. & Kibler, W.L. (1998). The administration of campus discipline: Student, organizational, and community issues. Asheville, NC: College Administration Publications, Inc.
If you have additional questions or need more information, contact the Office of Student Accountability and Restorative Practices, Administration Building, Suite 236, or call 410-704-2057.