The Family Educational Rights and Privacy Act of 1974 (FERPA) is a set of federal regulations governing the rights of students and institutional responsibilities with respect to student records (educational records). It is also known as the Buckley Amendment. All of your students’ education records, including housing records, are protected by FERPA.
If your student is under the age of 21, the University may disclose to parents, or the legal guardian, information concerning a violation of any federal, state or local law, or any rule or policy of the institution governing the use or possession of alcohol and/or a controlled substance. The University of Arizona, in its continuing commitment to educate students, is providing this notice which is consistent with the recent amendments to FERPA.
Preponderance of evidence is the burden of proof a hearing officer uses to make a decision of responsibility. It means that if a hearing officer believes it is “more likely than not” that a student violated the Policies & Procedures for On Campus Living or the Code of Student Conduct, the hearing officer will find the student responsible for the violation and possibly issue sanctions. Other burdens of proof that may be familiar include:
- Clear and convincing evidence
- Beyond a reasonable doubt
When a student allegedly violates the Code of Student Conduct or the Policies & Procedures for On Campus Living, the student is subject to a University administrative process in which responsibility for a violation of these rules is determined. A legal process and University administrative process can be concurrent if a student has violated the law, as well as the Student Code of Conduct or the Policies & Procedures for On Campus Living.
Students have the right to bring an advisor (friend, parent, student, etc.) to a hearing. However, advisors may not participate in the hearing in any way, other than to privately advise the student and provide personal support.
A lawyer, as an advisor to a student, may not participate in the University’s administrative process. However, a lawyer can be retained at the student’s expense to consult and offer support.
The Associated Students of the University of Arizona (ASUA) provides free legal services to all students at the UA. Students will be able to speak with an attorney, who can advise them on most legal problems or questions. To schedule an appointment, the student can call (520) 621-2782. Students can also find a great deal of legal information on the ASUA website.
A student’s conduct record is independent from their academic record, unless a finding of responsibility results in suspension or expulsion from the University.
Students are also held to a high standard regarding academic integrity. A violation of this code could result in disciplinary action. More information regarding the Code of Academic Integrity can be found on the Dean of Students Office website.
Ultimately, a student’s conduct (and academic) record belongs to the student, regardless of who may be paying for a student’s education. The University adheres to the strict policies regarding the Family Educational Rights and Privacy Act (FERPA), which governs the rights of students and institutional responsibilities with respect to student records (educational records).
The Housing & Residential Life Conduct System is educational in nature. Its primary purpose is to help students learn from choices they make and to become a positive contributor to the residence hall community. Consequences, or sanctions, are assigned when a student is found responsible for violating the Policies & Procedures for On Campus Living, contractual obligation, or law. Sanctions are intended to help students learn and each subsequent violation/sanction builds upon the last. Examples of possible sanctions can be found in the Sanctions and Definitions page.
Students can request a room swap anytime throughout the academic year through the My UAHome icon located at the bottom of each webpage. Availability in a specific residence hall dictates the approval process. The student can speak with her/his Community Director for additional questions.
Moving a student's belongings is the student's responsibility. We recommend enlisting the help of friends to assist in this process.
A monetary sanction is assessed as part of the conduct process only where a student is found responsible for violating Housing & Residential Life's Policies and Procedures for On Campus Living. The monetary sanction is utilized to offer on-going training to staff, additional community programming to residents and assist with maintenance of Housing & Residential Life's conduct database.