Accused Student Rights
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Due Process Rights
Any student facing possible disciplinary action is entitled to the following procedural rights:
- The right to be notified in writing of the charges against him/her with sufficient detail and time to prepare for a hearing.
- The right to present evidence and witnesses relevant to his/her defense, unless waived for an informal proceeding.
- The right against compulsory self -incrimination.
- The right to appear with an advisor at the hearing.
- The right to appeal.
Students who choose either an administrative or committee hearing also have the right to:
- (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. The right to know the nature and source of the evidence which will be used against him/her.
Below is the language taken directly from the Student Conduct Code:
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 (i.e., administrator, Student Conduct Committee, Greek Conduct Committee, Health Science Center Conduct Committee, College of Law Honor Committee, or Chair of a Committee), 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 College of Law Honor Committee or the Greek Conduct Committee or is charged with a Student Conduct Code violation shall be given notice of charges and procedures for requesting a hearing or review, as applicable. 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. 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 the office of the Director of Student Conduct and Dispute Resolution or the Coordinator of Residential Jusicial Programs, (through seven business days) before the hearing or review. 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 made available at least 7 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 seven days or a shorter suspension period if the party requesting suspension agrees.
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 criminal charges. 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.
(a) The charged student or student organization may arrange at its expense 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. Regulation 6C1-4.051 shall also apply.
(b) Hearings before hearing bodies will be recorded. However, recording failures that occur notwithstanding good faith attempts shall not require a delay or affect the validity of the proceedings, but in such event the hearing body chair or designee will prepare a written summary of the hearing. 11
(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) business days before the hearing and all student witnesses agree in writing.
(8) Decisions in student conduct proceedings, whether under the Student Honor Code or Student Conduct 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 reasonable, prudent persons would rely in the conduct of their affairs. Regulation 6C1-4.042(9) applies to the ultimate decision.
(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 who will make the decision. Although the rules of evidence do not apply, the ultimate decision in a student conduct matter will not be based exclusively on hearsay that would not be admissible in a civil court proceeding. Written notice of the decision and any sanction(s) 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 Honor Code or Student Conduct 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, provided that any decision to reassign is subject to the consent of the charged student or student organization. If the Director or designee decides not to reassign the case, the charged student or student organization may appeal the Director's or designee's decision 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.