NOTICE OF PROPOSED REGULATION
Date: July 30, 2008
REGULATION TITLE: REGULATION NO.:
Student Honor Code and Student Conduct Code: Alternative 6C1-4.046
SUMMARY: Alternative dispute resolution is established as a tool for resolution under the
Student Conduct Code through the Director of Student Conduct and Conflict Resolution, the
Coordinator of Residential Judicial Programs or their designees. If a student participates in a
method of alternative dispute resolution and successfully fulfills his or her obligations, the
student's conduct record regarding the matter may be expunged within one year of completing
the agreement as long as the student is responsible for no additional violations. The alternative
dispute resolution methods available are mediation (student versus student conflict involving a
violation), victim/offender (one party victimizes another an the offender takes responsibility) and
restorative justice (identifiable harmed party and offender accepts responsibility). Generally,
cases involving Student Honor Code violations, sexual assault, or other serious violations are not
eligible for alternative dispute resolution.
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,
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
UNIVERSITY OF FLORIDA
6C1-4.046 Student Honor Code and Student Conduct Code: Alternative Dispute
(1) Consistent with the primary educational mission of the Student Conduct Code,
including to establish community standards and procedures that promote an environment
conducive to learning by upholding academic standards and by respecting community members,
alternative dispute resolution provides an opportunity for individuals affected by violations or
alleged violations of the Student Conduct Code to resolve disciplinary matters among themselves
at the discretion of the Director of Student Conduct and Conflict Resolution, or the Coordinator
of Residential Judicial Programs, or his or her designee. A student who participates in a method
of alternative dispute resolution and successfully fulfill his or her obligations may, upon
completion of the obligations, have his or her student conduct record regarding the matter
expunged at the discretion of the Director of Student Conduct and Conflict Resolution or
designee within one year of completing his or her agreement as long as the student is responsible
for no further violations of the Student Conduct Code. Alternative Dispute Resolution may be
used in the conduct process in the following ways:
(a) Mediation. In situations where there is a student versus student conflict that
involves a Student Conduct Code violation or violations, the administrator hearing the case may
at any time recommend the parties participate in a mediation. If as a result of the mediation, the
parties reach an agreement and the agreement is fulfilled, the administrator may decide to forego
the conduct process. Where an agreement is not reached or one party does not complete the
agreement, the case will be referred back to the traditional conduct system.
(b) Victim/Offender Mediation. In situations where one party victimizes another and
violations of the Student Conduct Code are involved, and the offender is accepting responsibility
for his or her violation, in addition to other sanctions, the administrator hearing the case may
refer the case to victim/offender mediation at any time in the process at the administrator's
discretion, provided the victim is willing to meet with the offender. In less serious incidents
involving victimization, the matter may be referred to victim/offender mediation provided both
parties agree and the Director of Student Conduct and Conflict Resolution or the Coordinator of
Residential Judicial Programs or his or her designee determines it is appropriate.
(c) Restorative Justice. In situations where there is an identifiable harmed party or
community and the offender is accepting responsibility for his or her violation, the offender may
be given the option of having the case referred to the restorative justice program. Restorative
justice involves the following:
1. The offender describes his or her behavior and what he or she was thinking at the
time of the behavior;
2. Harmed parties/community members describe how they were affected or harmed
by the offender's behavior; and
3. The parties involved come together and agree on a way for the offender to repair
any harm done and reintegrate into the community.
4. If an agreement is reached and complied with, students may be eligible to have
their conduct records expunged within one year of completing their agreement provided there are
no further violations of the Student Conduct Code during this time.
5. If there is no agreement or the agreement is not complied with, the offender is
referred back to the traditional conduct process.
(2) Generally speaking, cases involving Student Honor Code violations, sexual
assault, or serious violence are not eligible for alternative dispute resolution. Cases in which
there is an identifiable harmed party or impact on the community are more likely to be referred
to alternative dispute resolution. Cases that are simply violations of the Student Conduct Code
and do not have any identifiable harmed party or community impact are not eligible for
alternative dispute resolution.
Specific Authority: BOG Resolution dated January 7, 2003.