Title: University of Florida regulations : student affairs
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 Material Information
Title: University of Florida regulations : student affairs
Series Title: University of Florida regulations : student affairs
Physical Description: Serial
Language: English
Creator: Office of the Vice President and General Counsel, University of Florida
Publisher: Office of the Vice President and General Counsel
Place of Publication: Gainesville, Fla.
Publication Date: July 30, 2008
 Record Information
Bibliographic ID: UF00089352
Volume ID: VID00013
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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NOTICE OF PROPOSED REGULATION


Date: July 30, 2008

REGULATION TITLE: REGULATION NO.:
Student Honor Code and Student Conduct Code: Violations 6C1-4.041

SUMMARY: Violations of the Student Honor Code and Student Conduct Code are set forth.
Violations of the Student Honor Code include: plagiarism, unauthorized use of materials or
resources, prohibited collaboration or consultation, false or misleading statement relating to a
Student Honor Code violation, false or misleading statement for the purpose of procuring an
academic advantage, use of fabricated or falsified information, interference with or sabotage of
academic activity, unauthorized taking or receipt of materials or resources to gain an academic
advantage, unauthorized recordings, bribery, submission of paper or academic work purchased
or obtained from an outside source and conspiracy to commit academic dishonesty. Violations
of the Student Conduct Code include: causing physical or other harm to any person, sexual
assault and sexual misconduct, harassment, indecent or obscene behavior, hazing, firearms or
other weapons violations, fire safety violations, drug violations, alcoholic beverages violations,
conduct disruptive to the university community, misuse or unauthorized possession or use of
public or private property, misuse or unauthorized use of university computer resources,
unauthorized entry to university facilities, furnishing false information, unauthorized electronic
or digital recording, violation of university policy, violation of law, obstruction of the university
conduct process, failure to comply with directive of University police or a university official, and
complicity in violating the conduct code. Consent in the context of sexual misconduct is
clarified. Also clarified is that intoxication or impairment because of alcohol, drugs, chemicals,
or other substances is not a defense to a violation.

AUTHORITY: BOG Resolution dated January 7, 2003.

COMMENTS CONCERNING THE PROPOSED REGULATION SHOULD BE
SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO THE
CONTACT PERSON IDENTIFIED BELOW. The comments must identify the regulation
you are commenting on.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED REGULATION
IS: Rebecca J. Holt, Administrative Assistant, 123 Tigert Hall, Post Office Box 113125,
University of Florida, Gainesville, Florida 32611, 352-392-1358 office, 352-392-4387 facsimile,
regulations@ufl.edu.

NAME OF PERSON WHO APPROVED THE PROPOSED REGULATION: Patricia
Telles-Irvin, Vice President for Student Affairs.

THE FULL TEXT OF THE PROPOSED REGULATION IS ATTACHED TO THIS
NOTICE.









REGULATIONS OF

UNIVERSITY OF FLORIDA



6C1-4.041 Student Honor Code and Student Conduct Code: Violations.

(1) A student or student organization shall not commit a violation of the Student

Honor Code or Student Conduct Code.

(2) VIOLATIONS OF THE STUDENT HONOR CODE.

(a) Plagiarism. A student shall not represent as the student's own work all or any

portion of the work of another. Plagiarism includes but is not limited to:

1. Quoting oral or written materials including but not limited to those found on the

internet, whether published or unpublished, without proper attribution.

2. Submitting a document or assignment which in whole or in part is identical or

substantially identical to a document or assignment not authored by the student.

(b) Unauthorized Use of Materials or Resources ("Cheating"). A student shall not

use unauthorized materials or resources in an academic activity. Unauthorized materials or

resources shall include:

1. Any paper or project authored by the student and presented by the student for the

satisfaction of any academic requirement if the student previously submitted substantially the

same paper or project to satisfy an academic requirement and did not receive express

authorization to resubmit the paper or project.

2. Any materials or resources prepared by another student and used without the

other student's express consent or without proper attribution to the other student.









3. Any materials or resources which the faculty member has notified the student or

the class are prohibited.

4. Use of a cheat sheet when not authorized to do so or use of any other resources or

materials during an examination, quiz, or other academic activity without the express permission

of the faculty member, whether access to such resource or materials is through a cell phone,

PDA, other electronic device, or any other means.

(c) Prohibited Collaboration or Consultation. A student shall not collaborate or

consult with another person on any academic activity unless the student has the express

authorization from the faculty member. Prohibited collaboration or consultation shall include

but is not limited to:

1. Collaborating when not authorized to do so on an examination, take-home test,

writing project, assignment, or course work.

2. Collaborating or consulting in any other academic or co-curricular activity after

receiving notice that such conduct is prohibited.

3. Looking at another student's examination or quiz during the time an examination

or quiz is given. Communication by any means during that time, including but not limited to

communication through text messaging, telephone, e-mail, other writing or verbally, is

prohibited unless expressly authorized.

(d) It is the responsibility of the student to seek clarification on whether or not use of

materials or collaboration or consultation with another person is authorized prior to engaging in

any act of such use, collaboration or consultation. If a faculty member has authorized a student

to use materials or to collaborate or consult with another person in limited circumstances, the

student shall not exceed that authority. If the student wishes to use any materials or collaborate









or consult with another person in circumstances to which the authority does not plainly extend,

the student shall first ascertain with the faculty member whether the use of materials,

collaboration or consultation is authorized.

(e) False or Misleading Statement Relating to a Student Honor Code Violation. In

reporting an alleged Student Honor Code violation, a student shall not intentionally or in bad

faith make a false or misleading statement. During the course of a Student Honor Code

proceeding, or on final appeal following such a proceeding, a student shall not at any time make

a false or misleading statement to any person charged with investigating or deciding the

responsibility of the accused, reviewing a finding of responsibility, or determining or reviewing

the appropriateness of the sanction or sanctions to be recommended or imposed.

(f) False or Misleading Statement for the Purpose of Procuring an Academic

Advantage. A student shall not intentionally or in bad faith make a false or misleading statement

for the purpose of procuring from the person to whom the statement is made an academic

advantage for any student.

(g) Use of Fabricated or Falsified Information. A student shall not use or present

invented or fabricated information, falsified research, or other finding if the student knows or in

the exercise of ordinary care should be aware that the information, research, or other finding has

been falsified.

(h) Interference with or Sabotage of Academic Activity. A student shall not do any

act or take any material for the purpose of interfering with or sabotaging an academic activity.

Sabotage includes, but is not limited to:

1. Removing, concealing, damaging, destroying, or stealing materials or resources

that are necessary to complete or to perform the academic activity.









2. Tampering with another student's work.

3. Stealing from another student materials or resources for the purpose of interfering

with the other student's successful completion or performance of the academic activity or of

enhancing the offending student's own completion or performance.

(h) Unauthorized Taking or Receipt of Materials or Resources to Gain an Academic

Advantage. A student shall not without express authorization take or receive materials or

resources from a faculty member for the purpose of gaining academic advantage.

(i) Unauthorized Recordings. A student shall not without express authorization from

the faculty member and, if required by law, from other participants, make or receive any

recording, including but not limited to audio and video recordings, of any class, co-curricular

meeting, organizational meeting, or meeting with a faculty member.

(j) Bribery. A student shall not offer, give, receive, or solicit a bribe of money,

materials, goods, services or anything of value for the purpose of procuring or providing an

academic advantage.

(k) Submission of Paper or Academic Work Purchased or Obtained from an Outside

Source. A student shall not submit as his or her own work a paper or other academic work in

any form that was purchased or otherwise obtained from an outside source. An outside

source includes but is not limited to a commercial vendor of research papers, a file of research

papers or tests maintained by a student organization or other body or person, or any other source

of papers or of academic work.

(1) Conspiracy to Commit Academic Dishonesty. A student shall not conspire with

any other person to commit an act that violates the Student Honor Code.

(3) VIOLATIONS OF THE STUDENT CONDUCT CODE.









(a) Causing Physical or Other Harm to any Person.

1. Conduct causing physical injury or endangering another's health or safety, which

includes, but is not limited to, acts of physical violence, assault, and relationship or domestic

violence.

2. Actions causing physical injury or endangering one's own health or safety. Also

refer to Regulation 6C1- 4.036.

(b) Sexual Assault and Sexual Misconduct.

1. Sexual assault. Any sexual act or attempt to engage in any sexual act with

another person without the consent of the other person or in circumstances in which the person is

unable, due to age, disability, or alcohol/chemical or other impairment, to give consent.

2. Sexual misconduct. Any intentional intimate touching of another without the

consent of the other person or in circumstances in which the person is unable, due to age,

disability, or alcohol/chemical or other impairment, to give consent.

3. It is the responsibility of the person initiating sexual activity to make sure the

other person is capable of consenting to that activity. Consent is given by an affirmative verbal

response or acts that are unmistakable in their meaning. Consent to one form of sexual activity

does not mean consent is given to another type of activity.

(c) Harassment.

1. Harassment or threats. Verbal or written threats, coercion or any other conduct

that by design, intent or recklessness places another individual in reasonable fear of physical

harm through words or actions directed at that person, or creates a hostile environment in which

others are unable reasonably to conduct or participate in work, education, research, living, or

other activities, including but not limited to stalking, cyber-stalking, and racial harassment.









2. Sexual harassment. Unwelcome sexual advances, requests for favors, and/or

other verbal or physical conduct of a sexual nature when:

a. Submission to such conduct is made either explicitly or implicitly a term or

condition of an individual's employment or status in a university activity, or

b. Submission to, or rejection of, such conduct by an individual is used as the basis

for employment or decisions affecting such individual's employment or status in a University

activity, or

c. Such conduct has the purpose or effect of interfering with an individual's work or

academic performance or creating an intimidating, hostile, or offensive employment or academic

environment.

d. Such conduct is otherwise unlawful.

(d) Obscene Behavior. Conduct or behavior that the student knows or should know is

reasonably likely to be considered obscene under the standards of the local community. Such

behavior includes but is not limited to public exposure of one's own sexual organs and

voyeurism, including but not limited to video voyeurism.

(e) Hazing. Any action or situation that recklessly, by design, or intentionally

endangers the mental or physical health or safety of a student for any purpose including but not

limited to initiation or admission into or affiliation with any student group or organization. In

such an instance, hazing occurs if an individual or group:

1. Causes or attempts to cause physical injury or other harm to a student including

but not limited to emotional distress, or engages in any conduct which presents a threat to the

student's health or safety, which shall include but not be limited to any brutality of a physical

nature, such as whipping, beating, branding, exposure to the elements, forced consumption of









any food, alcohol, drug, or other substance, or other forced physical activity that could adversely

affect the physical or physical and mental health or safety of the student, and any activity that

would subject the student to extreme mental stress, such as sleep deprivation, forced sexual

conduct, and forced exclusion from social contact.

2. Engages in an action or activity which has a tendency to or which is intended to

demean, disgrace, humiliate, or degrade a student, which shall include but not be limited to,

forced conduct that could result in extreme embarrassment, or other forced activity that could

adversely affect the mental health or dignity of the student.

3. Conduct that by design, intent or recklessness causes a student to be unable

reasonably to pursue, or interferes with or attempts to interfere with a student's academic

schedule or performance; or

4. Causes, induces, pressures, coerces, or requires a student to violate the law or to

violate any provision of University of Florida regulations.

In response to allegations of hazing under this regulation it is not a defense that:

a. The victim gave consent to the conduct.

b The conduct was not part of an official organizational event or sanctioned or

approved by the organization.

c. The conduct was not done as a condition of membership in the organization.

(f) Firearms or Other Weapons Violations. Possession, use, sale, or distribution of

any firearm, ammunition, weapon or similar device not explicitly permitted under Regulation

6C1-2.001. Prohibited devices include, but are not limited to, stun guns, pellet guns, BB guns,

paintball guns, slingshots, archery equipment, any dangerous chemical or biological agent, or









any object or material, including but not limited to knives, capable of causing, and used by the

offending person to cause, or to threaten physical harm.

(g) Fire Safety Violations.

1. Causing a fire or explosion. Conduct that causes or attempts to cause a fire or

explosion, or falsely reporting a fire, explosion, or an explosive device.

2. Tampering with fire safety equipment. Tampering with fire safety equipment, or

failure to evacuate during a fire alarm on the university campus, university facility or at any

university activity.

3. Fireworks. Possession and/or use of fireworks, including but not limited to

sparklers, or explosives of any kind on the university campus, at a university facility or at any

university activity.

(h) Drug Violations.

1. Use, possession, manufacturing, distribution, or sale of marijuana, heroin,

narcotics, or any other controlled substance which is prohibited by law. Intentionally or

recklessly inhaling or ingesting substances (e.g., nitrous oxide, glue, paint, etc.) that will alter a

student's mental state is also prohibited.

2. Use of a prescription drug if the prescription was not issued to the student, or the

distribution or sale of a prescription drug to a person to whom the prescription was not originally

issued.

3. Possession of drug paraphernalia including but not limited to bongs or glass

pipes.

(i) Alcohol Beverages Violations.









1. Under-age possession or consumption. Possession or consumption of alcoholic

beverages by a student who has not passed his or her twenty-first birthday.

2. Public intoxication. Appearing at a university activity or on the university

campus in a state of intoxication.

3. Driving under the influence of alcohol or other substance. Operation of a motor

vehicle while impaired or with a blood alcohol or breath alcohol level at or above the applicable

legal limit (which is .08 or above as of July 1, 2008).

4. Distribution or sale of alcoholic beverage. Distribution or sale of an alcoholic

beverage to any person who has not passed his or her twenty-first birthday.

5. Possession of common source containers. Possession or use of kegs, mini kegs,

beer balls or other common source containers of alcohol.

6. Excessive rapid consumption. Regardless of age of those involved, facilitating,

arranging, or participating in any extreme alcohol consumption activity that constitutes,

facilitates, or encourages competitive, rapid or excessive consumption of alcohol. Examples of

such prohibited extreme activities include, without limitation, keg tipping, alcohol luges, and

drinking games.

7. Any other violation of the Alcoholic Beverages Regulation, Regulation 6C 1-

2.019.

(j) Conduct Disruptive to the University Community. Conduct that is disruptive to

the University's educational objectives, to its operations, or to its officials, staff, and faculty in

the performance of their work, or to any other aspect of its mission. Disruptive conduct

includes, but is not limited to:









1. Disruption of a university activity or activity other than class or curricular

activities.

a. In accordance with First Amendment speech rights within a designated public

forum, when the University chooses to open its campus for such an event that is open to the

public for speech, disruption by an attendee who is not staffing or acting on behalf of the

University at the event does not include the use of rude or offensive language alone, if it is

spoken at the designated time and place by a person whose turn it is to speak under the event's

protocol. Members of the University community are encouraged to communicate effectively.

This is often (but not always) fostered by respectful conduct and speech. However, the language

used by the featured speaker or an attendee at such an open public event is a personal choice,

pursuant to First Amendment speech rights within designated public fora. This provision does

not protect speech that, alone or in combination with any conduct, is obscene or constitutes or is

likely to provoke or incite violence, an unsafe condition, an illegal action, or conduct that

violates another provision of the University's regulations. Graduation and other University

ceremonies and activities that do not constitute designated public fora (where the University

does not intend to open a public forum for free public speech) are not covered by this clause.

2. Disruption of a class or curricular activity. Classroom or other academic

workplace behavior that interferes with either (a) the instructor's authority or ability to conduct

the class or (b) the ability of other students to benefit from the instructional program.

3. Any other violation of Regulation 6C1-1.008.

4. Violation of the Campus Demonstration Regulation, Regulation 6C1-2.002.

5. Conduct which is disorderly or a breach of the peace under law.

(k) Misuse or Unauthorized Possession or Use of Public or Private Property.









1. Theft. Taking or unauthorized use or possession of public or private property or

unauthorized use or acquisition of services.

2. Destroying, damaging, or littering of any property. Conduct that destroys,

damages, or litters any property of the University or any property of an individual or group.

3. Misuse of identification card. Misuse of the identification number or card issued

to a student through alteration, forgery or duplication, or through use of an identification card that

has not been issued to the user. It is also a violation to grant or authorize use by a third party of

one's own identification number or card for any purpose except to obtain student block seating in

accordance with University Athletic Association procedures for student block seating.

4. Unauthorized sale of student tickets. Unauthorized sale or purchase of student

tickets on University campus to any University of Florida function or event.

(1) Misuse or Unauthorized Use of University Computer Resources.

1. Any action without authorization from the University that does, or causes a

person to, access, use, modify, destroy, disclose or take data, programs or supporting

documentation residing in or relating in any way to a University of Florida computer, computer

system or computer network or causes the denial of computer system services to an authorized

user of such system.

2. The violation of copyright law including but not limited to unauthorized

downloading or facilitating others to download copyrighted music and films without

authorization.

3. Any other violation of the Policies on Information Technology, Regulation 6C1-

1.0102.









4. The use of the University's computer resources to violate any law or University

regulation or Board of Governors' regulation.

(m) Unauthorized Entry to University Facilities. Unauthorized access or entry to

university property, buildings, structures or facilities or the residence facilities, or property of

any member of the University community. Unauthorized possession, duplication or use of keys

or access cards for any such property.

(n) Furnishing False Information. Furnishing false or misleading information to the

University or to any university official. This includes but is not limited to forging documents or

other data, or omitting facts which are material to the purpose for which the information is

submitted.

(o) Unauthorized Electronic or Digital Recording.

1. Unauthorized recording of personal conversations, meetings, or activities.

2. Unauthorized recording of a class or of organizational or University meetings. To

obtain the required authorization, the student or student organization must obtain express

authority from the University official, faculty member, student organization, member of

University personnel, or other University representative in charge of the class, meeting, or

activity. A student or student organization accused of violating this section has the burden of

showing such express authority. The foregoing shall not apply to any recording authorized by

the Florida Sunshine Law or any other law.


(p) Violation of University Policy. Violation of any regulation or policy of the

University of Florida, the Florida Board of Governors, or the State of Florida. Applicable

policies include but are not limited to the University of Florida Department of Housing and

Residence Education Community Standards, available in the Department of Housing and

13









Residence Education, and the Gator Fan's Code of Conduct, available at the University Athletic

Association.

(q) Violation of Law. Violation of any municipal or county ordinance, any law,

regulation, or requirement of the State of Florida, the United States or, when in another state or

country, that state or country. Such violation includes but is not limited to urination in public,

electronic stalking, and any other violation of law, regulation or governmental requirement.

(r) Obstruction of the University Conduct Process. Interference with or obstruction

of the student conduct process, including without limitation failure to appear at a hearing, failure

to testify at a hearing, violating and/or failure to complete conduct sanctions.

(s) Failure to Comply with Directive. Failure to comply with a directive of law

enforcement or a University official.

(t) Complicity in Violating the Conduct Code. Attempting, aiding, encouraging,

facilitating, abetting, conspiring, hiring, or being an accessory to any act prohibited by this code.

(4) Intoxication or impairment because of alcohol, drugs, chemicals or other

substances is not a defense to a violation of the Student Honor Code or Student Conduct Code.



Specific Authority: BOG Resolution dated January 7, 2003.

History: New Formerly 6C1-4.016 and 6C1-4.017.




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