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SUMMARY: This regulation is being repealed.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
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
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.
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
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
(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
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
(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
(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-
5. Any other violation of the Alcoholic Beverages Regulation, Regulation 6C 1-
(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
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
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
2. Any other violation of the Policies on Information Technology, Regulation 6C1-
(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
(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
(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
(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
(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
(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
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
(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