Title: University of Florida regulations : student affairs
ALL VOLUMES CITATION PDF VIEWER THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00089352/00014
 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: VID00014
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Downloads

This item has the following downloads:

R4042 ( PDF )


Full Text





NOTICE OF PROPOSED REGULATION


Date: July 30, 2008
REGULATION TITLE: REGULATION NO.:
Student Honor Code and Student Conduct Code: Resolution 6C1-4.042
Options, Procedures for Reviews and Hearings

SUMMARY: The various resolution options, including committee hearings and administrator
hearings and reviews, are set forth for the Student Honor Code and Student Conduct Code. The
resolution options for student organizations are also delineated. Basic rights for reviews and
hearings with the student conduct process are: to be sent notice of charges, to be allowed the
opportunity to review the materials and information against the student or organization, to be
allowed the opportunity to be heard and present materials relevant to the defense, to be free from
self-incrimination (in connection with conduct that is, or could be under applicable law, the
subject of criminal prosecution), and to have an advisor present at reviews and hearings. At
hearings, students or organizations may arrange to have witnesses and may present questions to
be asked of any witness present at the hearing. Decisions are based upon a preponderance of the
evidence. Information that supports faculty findings required for the ultimate decision in a
student proceeding shall be the kind of information upon which reasonable persons may rely in
educational proceeding. In reviews and hearings conducted by designated administrators, the
administrator will determine whether the student or student organization is responsible and the
sanction. In hearings conducted by a committee, the hearing body will recommend a decision
and any appropriate sanctions to the Dean of Students or designee. Although rules of evidence
do not apply in student conduct proceedings, the ultimate decision by the Dean or designee will
not be based exclusively on hearsay that would not be admissible in a court proceeding. The
general guideline for hearing student conduct cases is sixty business days from the date the case
is referred to the hearing body or administrator. If the case cannot be heard within this time
frame, the Director of Student Conduct and Conflict Resolution may reassign the case to a
different hearing body.

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


6C1-4.042 Student Honor Code and Student Conduct Code: Resolution Options,

Procedures for Reviews and Hearings.

(1) Student Honor Code: Resolution Options.

(a) For students charged with violations of the Student Honor Code, the following are

the options available to resolve the matter:

1. Regardless of college, the Faculty/Student Honor Code Resolution Process,

Regulation 6C1-4.042(b), if the student is admitting responsibility, it is a first violation of the

Student Honor Code and the faculty member determines the conduct alleged would not warrant

probation, suspension or expulsion.

2. Health Science Center Student Conduct Committee, Regulation 6C1-4.0433, for

students who are enrolled in the Health Science Center colleges.

3. College of Law Honor Committee, Regulation 6C1-4.0434, for students enrolled

in the Levin College of Law.

4. Student Conduct Committee, Regulation 6C1-4.0431, for all other cases involving

the Student Honor Code.

(b) Faculty/Student Honor Code Resolution Process.

1. When a student is alleged to have violated the Student Honor Code, the faculty

member involved shall confirm with the Dean of Students Office that the violation would be a

first violation and no circumstances require the imposition of a sanction other than a reduced or

failing grade and an educational requirement specified in Regulation 6C1-4.047.









2. The faculty member will meet with the student and determine if a conduct

proceeding is warranted. The faculty member may request that the department chair or other

appropriate University official attend this meeting as a witness. The faculty member may

impose a sanction of a written reprimand, a grade penalty on the assignment in question, a grade

penalty for the course and/or an appropriate educational requirement as specified in Regulation

6C1-4.047. If a sanction is imposed, the matter is resolved when the student and faculty member

reach agreement as to the sanction.

3. The student's agreement to a sanction shall constitute a waiver of all other

available adjudicatory procedures or appeals.

4. The faculty member shall forward a copy of the agreement with the student's

signature to the Director of Student Conduct and Conflict Resolution or designee.

5. The faculty member involved shall refer the matter to the Director of Student

Conduct and Conflict Resolution or designee rather than take action if disciplinary action may be

warranted and it appears that:

a. The violation would not be a first offense;

b. A sanction such as probation, suspension, or expulsion would be warranted; or

c. The student does not agree to the sanction proposed by the faculty member

involved.

(c) A student who is charged with a Student Honor Code violation by a faculty

member and who does not agree to accept the faculty member's sanction or for whom the faculty

resolution process is not appropriate, as stated above, shall be informed by the Director of

Student Conduct and Conflict Resolution of which hearing body will hear the case: the Student

Conduct Committee, the Health Science Center Student Conduct Committee or the College of









Law Honor Committee. The Director of Student Conduct and Conflict Resolution or designee

may hear the case if the student accepts responsibility and the student chooses to have the

Director hear the case. If a hearing body is unable to conduct a hearing within the time provided

under Regulation 6C1-4.042, the Director of Student Conduct and Conflict Resolution or

designee may reassign the matter to another hearing body or person pursuant to subsection 6C1-

4.042(9).

(d) A student shall not be permitted to drop the class once informed of an alleged

Student Honor Code violation. Any class that is dropped in violation of this restriction shall be

reinstated until the charges are resolved. If the student is found not responsible for a Student

Honor Code violation, the student is free to drop the class as long as the case was initiated prior

to the published deadline to drop classes. A student found responsible but receiving only a

penalty for the assignment in question may drop the course if the case was initiated prior to the

deadline to drop classes. A student who receives a course grade penalty is not permitted to drop

the class.

(2) Student Conduct Code: Resolution Options.

(a) For students charged with violations of the Student Conduct Code, the following

are the options available to resolve the case:

1. Health Science Center Student Conduct Committee for cases involving violations

of the Health Insurance Portability and Accountability Act (HIPAA) or Florida patient

confidentiality laws under Regulation 6C1-4.0433. Where the student conduct case also

involves other conduct, Regulation 6C1-4.042(5) shall apply.

2. For cases alleging violations of the Student Conduct Code involving the

Department of Housing and Residence Education Community Standards or cases alleging









violations of the Student Conduct Code occurring within University housing, the options set

forth in Regulation 6C1-4.0432 shall apply. Where the student conduct case also involves other

conduct, Regulation 6C1-4.042(5) shall apply.

3. For other cases, the following options apply:

a. Administrative review or hearing by Student Conduct and Conflict Resolution

staff, or

b. Student Conduct Committee, or that Committee's Chairperson or designee, under

Regulation 6C 1.4.0431.

(b) Except as provided in subsection (2)(c) below, students charged with less serious

violations may choose administrative review or an administrative hearing and students charged

with more serious violations will choose between an administrative or conduct committee

hearing. Students who do not dispute the allegations of a more serious violation may also

choose administrative review. Less serious violations are those violations which, if proven,

would not result in removal from housing, suspension, or expulsion in the opinion of the

Director of Student Conduct and Conflict Resolution or designee.

(c) A student who has pled guilty, been adjudicated guilty, been convicted or who

has otherwise received a verdict of guilt in a criminal court of law regarding, in whole or in part,

the same conduct for which the student is charged under the Student Conduct Code, may be

found in violation of subsection (3)(q) of Regulation 6C1-4.041 and/or may be found

responsible for other applicable violations on the basis of that plea, guilty verdict, adjudication

of guilt and/or conviction. Any such student shall be afforded the opportunity to participate in

an administrative review by an administrator in the office of Student Conduct and Conflict

Resolution in accordance with subsection (2)3a of this regulation. Notwithstanding any other









provision of this regulation, this administrative review shall be the only applicable process to

resolve such Student Conduct Code case unless the case also involves other conduct, in which

event Regulation 6C1-4.042(5) shall apply.

During the administrative review, the charged student's prior plea, plea agreement, adjudication

of guilt and/or conviction may be regarded by the administrator as substantial evidence of the

charged student's responsibility for the alleged violation of the Student Conduct Code; however

the student will also be allowed to present any mitigating facts or circumstances to the reviewing

administrator who shall determine how such facts and circumstances may be presented and the

weight they should be accorded. The administrator shall consider the information presented by

the student in determining the student's responsibility for the alleged violation and in imposing

sanctions.

(3) Expedited Hearings. Notwithstanding anything contained in this regulation to the

contrary (other than 6C1-4.042(2)(c) which shall govern applicable cases), in the event a student

is charged with a violation of the Student Honor Code or Student Conduct Code, which, if

proven, would not warrant a penalty in excess of two semesters probation or a failing grade in

the opinion of the Director of Student Conduct and Conflict Resolution or designee, and the

student does not waive his or her right to a hearing before the appropriate administrator or

hearing body as provided in this regulation, the hearing may be held before the chairperson of

the appropriate committee, the Assistant Director of Student Conduct and Conflict Resolution, or

the Director of Student Conduct and Conflict Resolution rather than before the full committee

panel.

(4) Student Organizations: Resolution Options.

(a) A student may be held accountable as an individual under the Student Honor









Code or the Student Conduct Code for his or her conduct, whether acting in an individual

capacity or as a member of a student organization or other non-University group.

(b) For a student organization charged with a violation of the Student Honor Code or

the Student Conduct Code, the following are options available to resolve the case:

1. Hearing before the Greek Conduct Committee for all cases involving a fraternity

or sorority chapter that is a member of the Inter-fraternity Council, the Panhellenic Council, the

National Pan-Hellenic Council or the Multicultural Greek Council, under Regulation 6C1-

4.0435.

2. All other student organizations will be referred to the Student Conduct Committee

for a hearing.

3. Notwithstanding any other provision of this regulation, student organizations that

do not dispute the charges may request administrative review by the Director of Student Conduct

and Conflict Resolution or designee. The availability of such administrative review will be at

the discretion of the Director.

(c) The following criteria will be used to determine if a student organization is to be

held collectively responsible for the actions or omissions of individuals when the actions or

omissions result in a violation of the Student Honor Code or the Student Conduct Code by those

associated with the student organization:

1. The action or omission resulting in the violation has received the tacit or overt

consent or encouragement of the student organization or any leader, officer or spokesperson of

the student organization;









2. The student organization or any leader, officer or spokesperson of the student

organization failed to take responsible precautions against the action or omission resulting in the

conduct violation; or

3. Members or other agents of the student organization are in a position to (and do)

appear to act on behalf or with authority of the organization.

(5) Conflict of jurisdiction. In the event that a matter involving student or student

organization conduct may be within the jurisdiction of more than one review or hearing authority

or body and/or process, the Director of Student Conduct and Conflict Resolution or designee

shall determine which review or hearing authority shall hear or review the matter.

(6) Nature of Conduct Proceedings and Basic Rights.

(a) The purpose and context of the student conduct process and sanctions imposed,

including but not limited to reviews and hearings hereunder, are educational and not adversarial

in nature. Thus, staff involved in student conduct proceedings, whether involving individual

students or student organizations, may perform various functions in the proceedings. For

example, without limitation, the Director of Student Conduct and Conflict Resolution or

designee may provide the notice of charges, provide information to a hearing body, and act as

the administrative liaison and advisor to the hearing body. Further, in hearings conducted under

the Student Honor Code or the Student Conduct Code, rules of procedure and evidence such as

are applied in civil or criminal court do not apply.

(b) The basic rights accorded to students and student organizations in conduct

proceedings, whether through an administrative review or a hearing conducted by an

administrator or a hearing body, are:









1. To be given notice of the charges. A student or student organization who is

charged with a Student Honor Code violation to be heard by the Student Conduct Committee or

the Health Science Center Student Conduct Committee or is charged with a Student Conduct

Code violation shall be given notice of charges and procedures for requesting a hearing. Any

notice under this regulation is deemed given if it is hand delivered to the student, sent to the

student's local address in the Registrar's records or permanent address if no local address is

listed, or sent to the student's official University of Florida email address. For student

organizations, the notice shall be deemed given if it is hand delivered to the student who is the

last known president of the organization as reflected in the Office of Student Activities' records,

sent to the local address of the student who is the last known president of the organization as that

address is reflected in the Registrar's records or permanent address if no local address is listed,

or sent to the student's official University email address. The student or student organization

shall be given an opportunity to schedule an informational meeting with the Director of Student

Conduct and Conflict Resolution or designee at a time and place feasible to and determined by

the Director. Failure of the student or student organization to take this opportunity to meet shall

not require a delay or affect the validity of the proceeding which, in such event, shall be arranged

and the type of proceeding shall be determined by the Director or designee

a. Except for emergency cases, the notice shall be issued at least ten (10) business

days prior to the date of the review or hearing unless the notice period is waived in writing by

the charged student or student organization.

b. In the event the student or student organization fails to appear at the review or

hearing pursuant to the notice issued, such failure shall not require a delay or affect the validity

of the proceeding. In such event, the administrator designated to review or hear the case or the









hearing body shall conduct the proceeding in the student's or student organization's absence, and

the reviewing or hearing administrator or body will make a decision based on the information

made available at the proceeding.

2. To be given the opportunity to review the materials, information and other

evidence against the student or student organization at a time and place feasible to and

determined by the Director of Student Conduct and Conflict Resolution or designee. The student

or student organization has the responsibility to check the relevant file in Student Conduct and

Dispute Resolution (through 3 days) before the hearing. The failure of the student or student

organization to review such materials, information and other evidence when given such

opportunity shall not require a delay or affect the validity of the proceedings. Information that is

not available or is omitted prior to (3 days before) the hearing or review without bad faith may

be presented for the first time at the hearing or review. In such event, if the student or student

organization or the University requests a suspension, the proceeding will be suspended for a

minimum of three days.

3. To be given the opportunity to be heard and present materials relevant to the student's or

student organization's defense at a time and place feasible to and determined by the Director of

Student Conduct and Conflict Resolution or designee. The failure of the student or student

organization to take advantage of such opportunity shall not require a delay or affect the validity

of the proceedings.

4. To be free from compulsory self-incrimination in connection with conduct that is,

or could be under applicable law, the subject of a criminal prosecution. The student's or student

organization's choice not to speak or present evidence shall not require a delay or affect the

validity of the proceedings.









5. To be allowed to have an advisor present at an administrative review or hearing at

the student's or student organization's own expense and initiative. It is the student's or

organization's responsibility to identify an advisor and make appropriate arrangements for him

or her to attend the proceeding. The advisor may advise the student or student organization but

shall not speak for or present the case for the student or student organization or otherwise

participate directly in the proceeding. An advisor's attempt to participate in a review or hearing

by speaking, presenting information or otherwise intervening in the proceeding is grounds for the

advisor being required to leave. In such event, the hearing or review will continue without the

advisor present, and the advisor's absence shall not require a delay or affect the validity of the

proceedings. Failure of the advisor to attend a review or hearing also shall not require a delay or

affect the validity of the proceedings.

(7) Additional Procedures for Hearings and Reviews.

(a) The charged student or student organization may arrange at its cost and initiative

to have witnesses at a hearing. The failure to call a witness or the failure of any witness to

appear shall not require a delay or affect the validity of the proceedings. Information provided by

a witness who is not called or does not appear at the hearing may be considered in the process if

the administrator or hearing body determines the information to be reliable as provided in 6C1-

4.042(8). The charged student or student organization shall have the right (i) to address any

information provided in the hearing record by any witness who is present or not present at the

hearing. (ii) to provide information on the veracity of a witness who is present or whose

information is presented at the hearing, and (iii) to present questions to be asked of any witness

who is present at the hearing by the administrator conducting the hearing or the chair of the

hearing body. Regulations 6C1-4.051 shall also apply.









(b) A good faith attempt will be made to record hearings before hearing bodies.

However, recording failures shall not require a delay or affect the validity of the proceedings and

the hearing body chair or designee may prepare a written summary of the hearing.

(c) A conduct hearing is an opportunity for a student to challenge the content of the

student's educational record and is closed unless the charged student requests an open hearing a

minimum of five (5) working days before the hearing and all student witnesses agree in writing.

(8) Decisions in student conduct proceedings, whether under the Student Conduct

Code or Student Honor Code shall be based upon a preponderance of the evidence (more likely

than not) standard. The rules of evidence and procedure that apply in a court proceeding do not

apply to student conduct proceedings. Information (including hearsay) that supports factual

findings required for the ultimate decision in a student conduct proceeding shall be the kind of

information upon which a reasonable person would rely in educational proceedings.

(9) In reviews and hearings conducted by administrators, the administrator will

determine whether the student or student organization is responsible and shall determine which

sanction or sanctions should be imposed in accordance with Regulation 6C1-4.047. In hearings

conducted by a committee, the hearing body will recommend a decision and any appropriate

sanction or sanctions to the Dean of Students or designee. Although the rules of evidence do not

apply, the ultimate decision by the Dean or designee in a student conduct matter will not be

based exclusively on hearsay that would not be admissible in a court proceeding. Written notice

of the decision and any sanctions) to be imposed shall be provided by the Dean of Students or

designee to the charged student or student organization.

(10) The general guideline for the timing for conducting a review or hearing in student

or student organization Student Conduct Code or Honor Code cases is sixty (60) business days









from the date the case is referred to the hearing or reviewing body or person. If the sixty (60)

days has not expired at the conclusion of the fall or spring semester or the process begins by

notice of the allegation given during a summer term, and any primary individual in the case

(including without limitation the charged student, any victim, or any witness) is unavailable for a

review or hearing, the running of the sixty (60) day period may be tolled by the Director of the

Student Conduct and Conflict Resolution or designee until the first day of class for the following

fall or spring semester. In the event the hearing or reviewing committee or administrator is

unable to conduct the hearing or review within this time frame, then, if the Director of Student

Conduct and Conflict Resolution or designee deems it reasonable and feasible to reassign the

case after consulting with the hearing or reviewing committee or administrator, the Director or

designee may reassign the case to a different hearing body or hearing or reviewing administrator

for a timely resolution. The Director or designee shall notify the student in writing whether or

not the case will be reassigned. The charged student or student organization may appeal the

Director's or designee's decision to reassign or not to reassign the case, in writing, to the Dean of

Students or designee within five (5) business days after being notified of the decision. The

decision of the Dean of Students or designee shall be final.

Specific Authority: BOG Resolution dated January 7, 2003.

History: New Formerly 6C1-4.022.




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs