Title: University of Florida regulations : student affairs
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Permanent Link: http://ufdc.ufl.edu/UF00089352/00032
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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: VID00032
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 REGULATION REPEAL

Date: July 30, 2008

REGULATION TITLE: REGULATION NO.:
Student Affairs; Student Conduct Code; Violations, Penalties and 6C1-4.016
Procedures for Adjudication

SUMMARY: This regulation is being repealed. The subject matter is now covered in 6C1-
4.041, 6C1-4.047 and 6C1-4.048.

AUTHORITY: BOG Resolution dated January 7, 2003.

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










REGULATIONS OF

UNIVERSITY OF FLORIDA



6C1-4.016 Student Conduct Code; Violations, Penalties and Procedures for Adjudication.

(1) Philosophy. The University of Florida is an institution which encourages the

intellectual and personal growth of its students as scholars and citizens. As an educational

institution, the University recognizes that the transmission of knowledge, the pursuit of truth, and

the development of individuals require the free exchange of ideas, self-expression, and the

challenging of beliefs and customs. In order to maintain an environment where these goals can

be achieved safely and equitably, the University promotes civility, respect, and integrity among

all members of the community. As stated in the Standard of Ethical Conduct, students are

expected to exhibit high standards of behavior and concern for others. The University strives to

protect and guide the educational community by establishing a Student Conduct Code and

student judicial system, which promotes individual and social responsibility. Choosing to join

the University of Florida community obligates each member to a code of civilized behavior.

Individuals and student organizations are expected to observe the policies, rules, and regulations

of the University of Florida and the State of Florida. University policies have been designed to

protect individuals and the campus community and create an environment conducive to

achieving the academic mission of the institution. The purpose of the Student Conduct Code is

to set forth the specific authority and responsibility of the University in maintaining social

discipline, to establish guidelines which facilitate a just and civil campus community, and to

outline the educational process for determining student and student organization responsibility

for alleged violations of University regulations. This judicial process will follow established









procedures for insuring fundamental fairness and an educational experience that facilitates the

development of the individual and of the organization.

(2) Violations. A student or student organization shall not engage in the following

prohibited conduct. A student who, or student organization which engages in the following

prohibited conduct violates the Student Conduct Code and is subject to sanctions as provided in

subsection (3) below:

(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.

(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 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 chemical or other impairment, to give consent.

(c) HARASSMENT.

1. Harassment or Threats. Verbal or written abuse, threats, harassment, coercion

or any other conduct that places another individual in reasonable fear of his or her safety through

words or actions directed at that person, or substantially interferes with the working, educational

or living environment of the individual, including 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) INDECENT OR OBSCENE BEHAVIOR. Conduct or behavior that the

student knows or should know is reasonably likely to be offensive to others. Such behavior

includes, but is not limited to, exposure of one's own sexual organs, urination in public,

voyeurism, including but not limited to video voyeurism.

(e) HAZING. Any action or situation that endangers the mental or physical health or

safety of a student for purposes 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;

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

demean, disgrace, humiliate, or degrade a student;









3. Interferes with or attempts to interfere with a student's academic schedule or

performance; or

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

of this regulation.

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

1. The victim gave consent to the conduct.

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

approved by the organization.

3. The conduct was not required 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 by

Regulation 6C1-2.001(3). Prohibited devices include, but are not limited to, stun guns, pellet

guns, paintball guns, slingshots, archery equipment, knives, or any dangerous chemical or

biological agent.

(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 University property, at a University location or at

any University activity.

3. Fireworks. Possession and/or use of fireworks, (including sparklers), or

explosives of any kind on University property, at a University location or at any University

activity.









(h) DRUG VIOLATIONS. Use, possession, manufacturing, distribution, or sale of

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

Prohibited conduct includes the use of a prescription drug if the prescription was not issued to

the student, and the distribution or sale a prescription drug to a person to whom the prescription

was not originally issued.

(i) ALCOHOLIC 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 University property

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 of .08 or above.

4. Distribution or Sale of Alcoholic Beverage. Distribution or sale of an alcoholic

beverage by student or student organization to any person who has not passed his or her twenty-

first birthday.

5. 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.

Such conduct includes, but is not limited to:

1. Disruption of a class, University activity, or any other normal activity held on

University property or at a University location.









2. Classroom behavior that interferes with either (a) the instructor's ability to

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

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

4. Conduct which is disorderly or a breach of the peace.

(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 property 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 computer, computer system or









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

system.

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

1.0102.

(m) UNAUTHORIZED ENTRY TO UNIVERSITY FACILITIES. Unauthorized

access or entry to University buildings, structure or facilities. Unauthorized possession,

duplication or use of keys or access cards for any University 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 Rules and Regulations, available in the Department of

Housing and 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, law of

the State of Florida, or law of the United States.

(r) OBSTRUCTION OF THE UNIVERSITY JUDICIAL PROCESS.

Interference with or obstruction of the student conduct process, including failure to appear at a

hearing, failure to testify at a hearing, violating and/or failure to complete judicial 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, abetting, conspiring, hiring or being an accessory to any act prohibited by this code.

(3) Sanctions a student adjudicated responsible for violations under subsection (2)

of this regulation, shall be subject to sanctions commensurate with the offense with consideration

given to any aggravating and mitigating circumstances. Sanctions include one or more of the

following penalties, unless otherwise expressly provided:

(a) Reprimand the student is given formal written notice and official recognition

that the behavior has violated the Student Conduct Code.

(b) Conduct Probation the student is deemed not in good standing and cannot

represent the University on any athletic team other than intramurals, hold an office in any student

organization registered with the University, or represent the University in any extracurricular

activity or official function or participate in any study abroad program. The duration of any









probation period or any conditions or sanctions imposed for the violation shall be in proportion

to the seriousness of the violation.

(c) Loss of University Privileges denial of specific University privileges

including, but not limited to, attendance at athletic functions, unrestricted library use, parking

privileges, university computer usage, and residence hall visitation for a designated period of

time.

(d) Suspension the student is required to leave the University for a given or

indefinite period of time, the termination of which shall depend upon specified acts of the

student's own volition related to mitigation of the offense committed. The student must comply

with all sanctions prior to re-admission.

(e) Expulsion the student is permanently deprived of his or her opportunity to

continue at the University in any status.

(f) Restitution the student is required to pay for loss of or damages to University

property, provided that such payment shall be limited to the actual cost of repair or replacement

of such property.

(g) Reduced or Failing Grade the student is given a reduced or failing grade for

the class in which the offense occurred for a violation of the Student Honor Code, but only by

the faculty member involved and upon recommendation thereof, except as otherwise provided in

Regulation 6C1-4.017(4).

(h) Community/University Service a student is required to complete a specified

number of hours of service to the campus or general community.









(i) Education Requirements a student is required to complete a specified

educational sanction related to the violation committed. Such educational requirements include

completion of a seminar, report, alcohol or drug assessment, or counseling assessment.

(j) Residence Hall Transfer or Removal a student is required to transfer residence

halls or leave the residence halls for a specified or indefinite period of time.

(k) No Contact Order a directive to refrain from any intentional contact, direct or

indirect, with one or more designated persons or groups) through any means, including personal

contact, e-mail, telephone, or third parties.

(4) Organizational sanctions will range from written reprimand and official

recognition thereof through revocation of registration or permission to use or meet at campus

facilities, or in the case of social fraternities or sororities, continued recognition at the

University. The following criteria will be used to determine if a student group or organization is

to be held collectively responsible for the action or actions of individuals when the action or

actions result in a violation of the Student Conduct Code by those associated with the group or

organization:

(a) The action or actions resulting in the violation have received the tacit or overt

consent or encouragement of the group or organization or of the group's or organization's

leaders, officers or spokesperson, or

(b) The group or organization or its leaders, officers or spokesperson failed to take

responsible precautions against the action or actions resulting in the conduct violations.

(5) Procedures for Adjudication.

(a) Prior to any disciplinary adjudication, the persons) charged shall be furnished

with a written notice of charges and procedures for requesting a hearing. Any notice issued









under the provisions of this regulation shall be sent to the student's address in the Registrar's

records or hand delivered to the student. The notice of charges shall be issued within ten (10)

business days following completion of an investigation and determination that there is sufficient

evidence to warrant judicial action. Except for emergency cases, the notice shall be issued at

least ten (10) business days prior to the date of the hearing unless waived in writing by the

accused student. Pre-hearing conferences may be held to review charges, resolve issues, clarify

rights and procedures, and permit the inspection or copying of evidence to be used at hearings.

If a student chooses to utilize an advisor, it is the student's responsibility to identify an advisor

and make appropriate arrangements for him or her to attend the proceedings. The advisor shall

assist the student in the judicial process, but shall not speak for or present the case on behalf of a

student.

(b) Hearings shall preserve the fairness of the action and rights of persons involved.

Except as provided in subsection 5(c) below, students charged with less serious violations can

choose an informal proceeding or a formal hearing. Less serious violations are those violations

for which removal from housing, suspension, or expulsion would not be imposed. Except as

provided in subsection 5(c) below, students charged with more serious violations will choose

between a formal hearing with a conduct committee or a university hearing authority.

1. Students who choose an informal proceeding shall be accorded the right to:

a. Have an advisor present;

b. Be provided, prior to the proceeding, the nature and source of the evidence which

will be used by the University; and

c. Be free from compulsory self-incrimination.









2. Students who choose a formal hearing with a conduct committee or a university

hearing authority shall be accorded the right to:

a. Have an advisor present;

b. Question adverse witnesses present at the hearing;

c. Present evidence and witnesses relevant to his or her defense;

d. Be provided prior to the hearing the nature and source of the evidence which will

be used by the University; and

e. Be free from compulsory self-incrimination.

Provisions for a record of hearings shall be made, other than for informal proceedings before the

Residence Directors, Residence Life Coordinators, Assistant Director of Housing for Village

Communities, Coordinator for Village Community Services, Coordinator for Residential Judicial

Programs, Assistant Director of Student Judicial Affairs, or Director of Student Judicial Affairs.

(c) A student charged under this regulation who has pled guilty, been adjudicated

guilty, been convicted or who has otherwise received a verdict of guilt in a criminal court of law

for a violation which is based upon the same conduct for which the student is charged under this

regulation, may be found in violation of subsection (2)(r) of this regulation and/or other

applicable violations under this regulation 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 informal proceeding in accordance with subsection (5)(b)l above. During the informal

proceeding, the charged student's prior plea, adjudication of guilt and/or conviction may be

regarded by the hearing authority as substantial evidence of the charged student's responsibility

for the alleged violation; however the student will also be allowed to present any mitigating facts

or circumstances to the hearing authority. The hearing authority shall consider the information









presented by the student in determining the student's responsibility for the alleged violation and

in imposing sanctions.

(d) In the event that the student fails to appear pursuant to the notice that was sent or

delivered under paragraph (5)(a) of this regulation, the reviewing authority shall conduct the

proceeding in the student's absence, and the reviewing authority will make a decision based on

the information presented at the hearing. In such instances, a decision will be issued within five

(5) business days of the hearing.

(e) A student judicial hearing is an opportunity for a student to challenge the content

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

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

(f) Findings shall be based upon a preponderance of the evidence. Upon such

findings, the person or body hearing the action shall determine which sanction or sanctions

should be imposed in accordance with subsection (3) above. Written notice of findings and any

sanction to be imposed or recommended shall be furnished to the student charged with a

violation of this regulation.

(g) The Student Conduct Committee, Student Honor Court and the Health Center

Student Conduct Standards Committee make a recommendation to the Dean of Students

concerning findings and sanctions to be imposed, if any. The College of Law Honor Committee

makes a recommendation to the Appellate Board, as defined in Regulation 6C1-4.0212,

concerning findings and sanctions to be imposed, if any.

(h) If the Dean of Students determines from a review of the record, and states with

particularity in a written notice to all affected persons that a finding was not based upon

substantial evidence or an action did not comply with the requirements of law or applicable









University regulations, the finding may be rejected and/or the case may be re-heard. If the record

supports the finding, the Dean of Students can accept, modify or reject the recommended

sanction.

(i) The Dean of Students may reject his or her prior findings or sanctions and may

reopen the case for further proceedings in accordance with this regulation, in the following

circumstances:

1. The Dean of Students is subsequently presented with evidence, testimony, facts or

other circumstances from a criminal or civil proceeding which are material to the University

proceeding and/or findings made by the Dean of Students based on that proceeding; and

2. This evidence, testimony, facts or other circumstances were not available to the

University at the time of the University proceeding.

Findings or sanctions imposed under this regulation shall not be rejected solely on the

basis of an adjudication of not guilty, an acquittal, a dismissal, a reduction of charges or other

finding in favor of the student in a criminal or civil proceeding.

(6) Decisions made by the Director of Student Judicial Affairs, the Assistant Director

of Student Judicial Affairs, and the Coordinator of Residential Judicial Programs can be

appealed to the Dean of Students. Decisions made by the Dean of Students, in cases other than

decisions resulting from an appeal to the Dean from another hearing authority, can be appealed

to the Vice President for Student Affairs. Appeals to the Dean of Students and the Vice President

for Student Affairs (hereinafter "reviewing authority") must be filed in writing and contact made

with the reviewing authority within ten (10) business days from the date of the decision letter for

the purpose of scheduling an appointment, unless otherwise agreed upon in writing by the

student and the reviewing authority. The actual appointment must be scheduled within ten (10)









business days of filing the appeal unless otherwise approved by the reviewing authority. If the

student fails to appear for the appointment, the reviewing authority will make a decision based

on the written material. Criteria for filing an appeal is limited to the following grounds: (a) the

student's rights were violated in the hearing process; (b) new material evidence that could not

have been discovered at the time of the hearing; (c) the evidence did not support the decision by

a preponderance of the evidence; and (d) the sanctions) imposed were not appropriate for the

violation. The decision on the appeal should be made within fifteen (15) calendar days following

the meeting with the student except in exceptional circumstances. The decision of the reviewing

authority shall be final.

(7) Records of disciplinary actions shall be maintained in accordance with Regulation

6C1-4.026(3).

(8) Disciplinary sanctions which may result in limits being placed on extracurricular

activities and/or registration, do not take effect until any appeal requested has been completed. If

no appeal is requested, the final action with respect to the above will take effect upon expiration

of the appeal time.



Authority: BOG Resolution dated January 7, 2003.

History--New 9-29-75, Amended 3-9-76, 1-28-80, 3-26-80, 8-26-81, 2-11-82, 9-15-83, 3-

25-85, 5-14-85, 10-14-85, Formerly 6C1-4.16, Amended 4-24-88, 5-21-89, 5-18-92, 5-19-93, 7-

11-94, 4-30-95, 5-1-96, 7-15-97, 7-27-98, 10-31-99, 6-21-00, 5-22-01, 5-20-02, 2-13-03, 6-3-03,

5-30-04, 7-19-05, 12-02-05 (technical changes only), 6-15-07, Repealed




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