(Student Handbook 2.5)
Should an accused student be academically dismissed or withdraw from Miami University before a “1219” or disciplinary action has been resolved, the matter may proceed in the absence of the student and/or a disciplinary hold note may be placed on the student’s official transcript indicating “disciplinary action is pending or disciplinary sanctions are incomplete at Miami University.” Academic credit earned elsewhere during a period of disciplinary hold will not be accepted in transfer. A disciplinary hold will not permit a student to register for a subsequent semester, change a current class schedule, or receive an official transcript. Students are able to drop and withdraw from a course(s) per University policy as noted in Section 1.2.C. of The Student Handbook. If a hold is placed subsequent to a student registering for classes, the classes will be cancelled prior to the start of the semester.
2.5.B Release of Disciplinary Information
The Clery Act and the Family Educational Rights and Privacy Act (FERPA), permit universities to disclose certain disciplinary information.
In cases of an alleged sex offense, domestic violence, dating violence, or stalking, in accordance with the Clery Act, both the complainant (and the alleged victim if different from the complainant) and the accused student(s) will be simultaneously notified, in writing, of the outcome of the disciplinary proceedings, the institution’s procedures for appeal and any change to the result. The notification includes whether the accused was found responsible and if so the sanction imposed. Upon request, the alleged victim of an accused student(s) of an alleged crime of violence will be advised of the final results (whether the accused was found responsible and if so the sanction imposed) of the disciplinary proceeding. If the student is an alleged perpetrator of a crime of violence or nonforcible sex offense as defined by FERPA, and is found responsible for violating the Code of Student Conduct, the University may disclose to any person the final results of University disciplinary proceedings (name of the student, section violated of the Code of Student Conduct, and sanction imposed).
The University will notify by email or regular U.S. mail the parents of students under the age of 21 who have been found responsible for violating the Code of Student Conduct regarding the use or possession of alcohol or drugs.
2.5.C Disciplinary Records
The Office of Ethics and Student Conflict Resolution is responsible for maintaining student disciplinary records. Disciplinary records are kept confidential to the extent permitted by law (see Section 2.5.B above).
- Records of disciplinary actions resulting in a finding of not responsible are maintained by the Office of Ethics and Student Conflict Resolution until the end of the academic year in which the finding is made.
- Records of disciplinary actions resulting in a finding of responsible and sanctions other than suspension or dismissal are maintained by the Office of Ethics and Student Conflict Resolution for seven years following the date the finding is made.
- Records of disciplinary actions resulting in a finding of responsible and a sanction of suspension or dismissal are maintained indefinitely by the Office of Ethics and Student Conflict Resolution. A notation of suspension or dismissal is reflected on the student’s official University academic record (transcript) maintained by the Office of the University Registrar.
- A request to expunge a record may be made in accordance with Section 2.5.D below.
- Academic credit earned elsewhere during a period of non-academic suspension or dismissal will not be accepted in transfer. Incomplete grades may not be removed during periods of non-academic suspension or
2.5.D Requests to Expunge Disciplinary Records
At any time after seven years from the date of the finding in which a sanction of suspension was imposed, a student or former student may petition the Dean of Students or designee to have his or her disciplinary record expunged. The decision to expunge will be based on the severity of the violation(s), the person’s disciplinary record as a whole, and evidence of good behavior since the violation(s). If the record is expunged any notation of a disciplinary suspension will be removed from the official academic record maintained by the Office of the University Registrar.
A student who has been dismissed from the University may not request to have his or her record expunged. However, the Vice President for Student Affairs has authority to expunge the record and remove the notation in extraordinary circumstances, seven academic years following the date the finding was made.
2.5.E Refund Policy
In the event of a suspension or dismissal, the University will follow the regular refund schedule available via the Office of the Bursar website at http://www.units.MiamiOH.edu/bur/. Housing fees are normally prorated, forfeiting the deposit, in the event of a suspension or dismissal from University housing.
All Miami University disciplinary complaints against a student must be resolved and sanctions completed before a student is eligible to graduate.
2.5.G Interpretation of the Code of Student Conduct
Any question of interpretation or application of the Code of Student Conduct shall be referred to the Vice President for Student Affairs or designee for final determination.