The exercise of personal responsibility expected of members of the University of Florida community includes the obligation to make sound judgments regarding alcoholic beverages. The University of Florida recognizes that individuals and groups assume the risk and liability associated with alcoholic beverages.
The sale, service, and consumption of alcoholic beverages on the University of Florida campus and at University of Florida events must be within the guidelines established by federal and state law and municipal and county ordinances. Further, because of concern for the health and safety of individuals on the University campus, the University has formulated rules concerning the sale, service, and consumption of alcohol on campus.
University rules also place certain restrictions on events involving alcoholic beverage distributors. Any student, student group, or employee of the University who is found to be in violation of the law or the University alcohol policy shall be subject to disciplinary action by the University.
Regulations of the University of Florida: 6C1-2.019, Alcoholic Beverages.
The use of alcoholic beverages by members of the University of Florida Community is subject to the alcoholic beverage laws of the State of Florida and to local ordinances. Below are selected state statutes and city ordinances pertaining to alcoholic beverages.
The Florida Clean Indoor Air Act of 1992, implemented by Section 386.201, Florida Statutes, prohibits smoking in enclosed indoor areas, other than those specifically designated as smoking areas, and further forbids designation of any smoking areas in educational facilities.
Accordingly, the University of Florida Policy requires that no smoking areas shall be designated within the University facility including, but not limited to, classrooms, offices, dining facilities, student residential facilities or any other building owned or leased by the University. This policy is consistent with the smoking policy of the State University System of Florida.
Each Department Chair and Director is responsible for ensuring policy compliance within areas under their jurisdiction. University standards for performance and conduct outline procedures for the willful violation of the provision of law, university rules, regulations and policies. It also important to note that any person who smokes, in other than designated smoking areas, commits a non-criminal violation punishable by a fine.
Actions by individuals or groups that disrupt an athletic event on the University of Florida campus or that inhibit the opportunity for other members of the university community to observe the event in reasonable safety are unacceptable at the University of Florida. Those individuals or groups that are disruptive will be charged with violations of the Code of Student Conduct where applicable. Unacceptable behavior includes, but is not limited to, possession of alcohol, not being in possession of your ticket, disorderly behavior, sitting in a block without a ticket, and throwing any object in the stadium.
The University will make reasonable accommodations for students with disabilities as determined under applicable law. However, students are considered adults when attending the University, and students have a responsibility to not cause harm to others and to participate in University life safely. A student who poses a significant danger of serious harm to the health or safety of others at the University may be involuntarily withdrawn from the University by the Dean of Students or designee.
Such action will be taken only after appropriate consultation with the Director of the Student Health Care Center or the Director of the University Counseling Center and the Behavioral Consultation Team (BCT). In determining whether a student should be recommended for involuntary withdrawal, the BCT shall consider the nature, duration, severity, and probability of the threat, relying on the most current medical evidence or the best available objective evidence posed by a student with a disability, as well as determine whether reasonable modifications of its policies, practices or procedures could significantly mitigate the threat.
Absent exigent circumstances creating an imminent risk of harm, the BCT’s assessment will be made prior to a decision to involuntarily withdraw a student based on the threat he or she poses to others.
Specifically, a student subject to involuntary withdrawal shall be accorded:
Should exigent circumstances warrant, a student may be subject to an immediate temporary withdrawal, pending a further determination. A student subject to an immediate temporary withdrawal shall be provided notice of such withdrawal stating the reasons and an opportunity to respond to the Dean of Students or designee and present evidence as soon as reasonably possible after such withdrawal. Full due process (the opportunity for a hearing) shall occur within 30 days of the determination to place a student on temporary withdrawal.
Failure of a student to take the opportunity to respond at the time and in the manner provided by the University shall not affect the validity of or delay any decision made under this Regulation.
A student subject to involuntary withdrawal shall receive a refund of fees as provided in University of Florida Regulation 3.0371.
A student who is involuntarily withdrawn shall have a hold placed on his or her records, and the University may impose conditions for readmission, including but not limited to one or more of the following:
The possession and use of controlled drugs by members of the University of Florida community must at all times be in accordance with the provisions of Florida law, the rules of the Board of Regents of the State of Florida, and the rules of the University of Florida, which include the Code of Student Conduct. Under Florida law, no person may possess substances regulated under the provisions of Chapter 893, Fla. Statute (controlled substances and “designer drugs”) unless dispensed and used pursuant to prescription or otherwise authorized by law. Possession, sale, and delivery of such substances are prohibited unless authorized by law. Under the Code of Student Conduct, students at the University of Florida who possess, use or deliver controlled substances and “designer drugs” not dispensed and used pursuant to prescription are subject to disciplinary action, up to and including expulsion from the University. Disciplinary action against a student under university rules does not preclude the possibility of criminal charges against that individual. The filing of criminal charges similarly does not preclude action by the University.
State law prohibits the possession of alcoholic beverages by persons under age 21. No person may sell, give, serve, or permit to be served alcoholic beverages to a person under 21, and it is unlawful for a person under 21 to misrepresent his or her age in order to obtain alcohol. Violation for the first of any such offenses is punishable by a definite term of imprisonment of up to 60 days and/or a $500 fine; a subsequent offense is punishable by a definite term of imprisonment of up to one year and a fine of $1,000. Possession of alcoholic beverages by a person under the age of 21 also may result in curtailment of driving privileges. Misrepresentation of age also will lead to the curtailment of driving privileges.
Under state law it is a crime for any person to possess or distribute controlled substances/drugs as described in Section 893.03, Florida Statutes, except as authorized by law. Punishment for such crimes ranges from first-degree misdemeanors (up to one year imprisonment and up to a $1000 fine) to first-degree felonies (up to 30 years imprisonment and up to a $10,000 fine).
Specifically, possession of less than 20 grams of marijuana is punishable with imprisonment of up to one year and a fine of up to $1,000; possession of more than 20 grams of marijuana is a third-degree felony with imprisonment of up to five years and a fine of up to $5,000. Possession of less than 28 grams of cocaine is a third-degree felony. Possession of more than 28 grams of cocaine is a first-degree felony, punishable with imprisonment for life and a fine of up to $250,000. The driving privilege also may be affected if any of these crimes are committed.
Trafficking (distributing specified large quantities of various controlled substances) is punishable by a term of imprisonment up to life and a fine of $25,000 to $500,000, depending on the particular illicit drug and the quantity involved. Individuals who have been convicted of a felony involving the sale of or trafficking in, or conspiracy to sell or traffic in, a controlled substance under certain circumstances may be disqualified from applying for state employment.
Penalties under federal law for drug trafficking generally are greater than penalties under state law. Convictions on drug-related charges also may result in forfeiture of federal financial aid. Punishments may include a fine up to $8 million and life imprisonment. For more information, look at the following website <http://www.edc.org/hec/pubs/dfcr.htm>
Alcohol consumption causes a number of marked changes in behavior. Even low doses of alcohol significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. The use of small amounts of alcohol by a pregnant woman can damage the fetus. Low to moderate doses of alcohol also increases the incidence of a variety of aggressive acts.
Moderate to high doses of alcohol cause marked impairment in higher mental functions, severely altering a person's ability to learn and remember information. Heavy use may result in chronic depression and suicide and also may be associated with the abuse of other drugs. Very high doses can cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects described.
Even occasional heavy drinking may be associated with the harmful effects described above. Binge drinking, which occurs over an extended period of time, involves repeated use of alcohol to the point of intoxication. A person may give up usual activities and responsibilities during this time in order to use the alcohol, and serious impairment in all areas of functioning may occur.
Long-term heavy alcohol use can cause digestive disorders, cirrhosis of the liver, circulatory system disorders, and impairment of the central nervous system—all of which may lead to early death.
Repeated use of alcohol can lead to dependence, and at least 15-20 percent of heavy users eventually will become problem drinkers or alcoholics if they continue drinking. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions, which can be life threatening.
The use of illegal drugs and the misuse of prescription and other drugs pose a serious threat to health. For example, the use of marijuana (cannabis) may cause impairment of short-term memory, comprehension, and ability to perform tasks requiring concentration. The use of marijuana also may cause lung damage, paranoia, and possible psychosis. The use of narcotics, depressants, stimulants, and hallucinogens may cause nervous system disorders and possible death as the result of an overdose. Illicit inhalants can cause liver damage.
There are significant risks associated with the use of alcohol and drugs. These risks include impaired academic or work performance; lost potential; financial problems; poor concentration; blackouts; conflicts with friends and others; vandalism, theft, and murder; sexual assault and other unplanned sexual relationships; spouse and child abuse; sexually transmitted diseases; and unusual or inappropriate risk taking which may result in physical or emotional injury or death.
Detailed information about alcohol consumption, the use of illegal drugs, and the misuse of prescription and other drugs may be obtained by calling the Campus Alcohol and Drug Resource Center at 392-1161 x4281, SC* 622-1161 x4281 or by checking out its website at /http://www.health.ufl.edu/shcc/cadrc.htm/
AVAILABLE DRUG AND ALCOHOL COUNSELING AND REHABILITATIVE AND REENTRY PROGRAMS
By calling one of the university's Employee Assistance Referral Service contacts, employees can locate resources within the community for assistance in dealing with drug and alcohol abuse. The referral service is free and confidential, and all university employees, including Other Personnel Services (OPS) employees, are eligible to call. Call Kenneth Osfield, Academic Affairs, at 392-7056, SC 622-7056, or a University Personnel Services' satellite office: E&G/Aux, 392-6615, SC 622-6615, Health Science Center, 392-3786, SC 622-3786; IFAS, 392-4777, SC 622-4777; Physical Plant, 392-2333, SC 622-2333.
Students may seek assistance at the Alcohol/Substance Abuse Program (ASAP), 392-1171 x 4321, and/or the Counseling and Wellness Center, 3190 Radio Road, 392-1575. Many student organizations also provide an opportunity to become involved in alcohol and drug education projects. For general information about these student organizations, contact 392-1671.
Help for all members of the University community is available through Alcoholics Anonymous at 372-8091 and/or Narcotics Anonymous at 374-9264. Additional places where one can get treatment are listed in the Gainesville telephone directory under the headings, “Alcoholism Treatment Centers,” “Drug Abuse and Addiction Treatment,” and “Information and Referral Services—Drug Abuse and Addiction.”
The following are required of the University of Florida and its employees:
1. An employee shall notify his or her supervisor or other appropriate management representative of any criminal drug statute conviction for a violation occurring in the work place no later than five days after such conviction.
2. The University shall notify any federal contracting agency within ten days of having received notice that an employee engaged in the performance of such contract or grant has had a criminal drug statute conviction for a violation occurring in the work place.
3. The University will take appropriate personnel action against any employee who is convicted for a violation occurring in the work place or will require the employee's satisfactory participation in a drug abuse assistance or rehabilitation program.
Faculty and faculty OPS, including “post-docs,” may call the ADA Office, Academic Affairs, at 392-7056, SC 622-7056, TDD 846-1046, with questions.
Administrative and Professional (A&P), University Support Personnel System (USPS), or other OPS employees may call University Personnel Services' Employee Relations and Development section, 392-1072, SC 622-1072, or the appropriate personnel satellite office with questions.
Undergraduate, graduate, and professional students may call Student Affairs at 392-1274, SC 622-1274, or the Dean of Students Office at 392-1261, SC 622-1261.
Please direct your questions about the university's commercial driver license program and federally mandated drug and alcohol testing at the University of Florida to the UF Workers' Compensation Office, University Personnel Services, at 392-4940, SC 622-4940.
Policy Revised April 1999
EQUALITY OF ACCESS
The University of Florida does not discriminate on the basis of disability in the recruitment and admission of students, the recruitment and employment of faculty and staff, and the operation of any of its programs, and activities, as specified by federal laws and regulations. The compliance officer for Section 504 of the Rehabilitation Act of 1972, as amended, is the Assistant Dean of Students, Disability Resource Center, located in 0020 Reid Hall, 392-8565. The Coordinator for the Americans with Disability Act is Dr. Kenneth Osfield, located in 232 Stadium, 392-7056 (V); 846-1046 (TDD).
FIREARMS-POSSESSION AND USE
The possession of firearms and weapons on the University campus is prohibited except as provided for by state statute and applicable university policy. The term “firearm” is defined for the purpose of this policy to include, but is not limited to, rifles, shotguns, handguns, pellet guns, BB guns, and pistols. Weapons include, but are not limited to, knives, bows and arrows and martial arts equipment.
For the convenience of persons residing on the University of Florida campus, weapons may be registered and stored for safekeeping at the University Police Department.
FOOD IN CLASSROOMS
Eating and drinking in classrooms is prohibited unless specifically permitted by the dean, college or unit administrator for special meetings and functions.
HIV/AIDS POLICY OF THE UNIVERSITY OF FLORIDA
The policy of the University is to assess the needs of students or employees with HIV infection on a case-by-case basis. With the permission of the affected individual (whether students, faculty or staff member), the Director of the Student Health Care Center, (392-1161) will assist in the coordination of resources and service.
The confidentiality of the individual's HIV status as well as the individual's welfare are respected. Breach of confidentiality of information obtained by a University employee in an official University capacity may result in disciplinary action.
Based on current medical information concerning risk of infection, the University does not isolate persons with HIV infection or AIDS from other individuals in the educational or work setting. Furthermore, the University supports the continued participation, to the fullest extent reasonably possible, of these individuals in the campus educational/work environment.
It is also the policy of the University to provide education, which seeks to prevent the spread of HIV infection. Those at risk for HIV infection are encouraged to get tested; those who are infected are urged to seek treatment. With current advances in HIV/AIDS treatment, early intervention can be crucial to maintaining well being and delaying complications of the illness. In keeping with the Americans with Disabilities Act, the University considers HIV/AIDS to be a disability. Students or employees who are disabled by HIV infection or AIDS can utilize existing support services.
HIV/AIDS POLICY OF STATE UNIVERSITY SYSTEM
It is the policy of the State University System to balance the education and employment rights of students and university employees with Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) with the rights of other students and university employees to an environment in which they are protected from contracting the disease. In the belief that education will prevent the spread of the HIV/AIDS, and help the public to respond in a reasoned manner, the SUS is committed to providing the university communities and communities at large with education on the nature and transmission of the disease and rights of HIV/AIDS victims.
A university committee consisting of representatives shall be responsible for implementing and administering the SUS Policy on HIV/AIDS in specific cases, and coordinating the university's efforts in educating the university community on aspects of HIV/AIDS. The University will make available to its students and employees information about the transmission of HIV/AIDS and what precaution can be taken by individuals to prevent the spread of the disease.
The committee will meet regularly to recommend appropriate actions and to monitor the university's efforts.
The University Committee on HIV/AIDS will designate an HIV/AIDS counselor available to answer questions and provide counseling to both students and employees. Contact with the HIV/AIDS Counselor will be confidential. The name, location, telephone number and hours of availability of the AIDS counselor will be posted prominently at each university and included in the university's student and employee handbooks. The policy shall be distributed to all students at registration and to all employees at the time of employment. New employees, and each employee on an annual basis, will be provided copies of HIV/AIDS pamphlets produced by the Department of Health and Rehabilitative Services (HRS), which will be distributed to students at registration and to all employees. Each university will make available to its students and employees information about the transmissibility of the disease and precautions that may be taken by AIDS victims and non-victims to prevent the spread of the disease. Coordination of their educational effort will be the responsibility of the University Committee on AIDS. The committee can be reached at www.health.ufl.edu/shcc/hivinfo.htm.
For the purpose of these guidelines, an individual infected with HIV/AIDS is one who:
a. is diagnosed as having AIDS; or
b. is a symptomatic but has shown by appropriate testing to have antibodies of HIV or its antigens in blood, body fluids or tissue.
There is no evidence to indicate that HIV/AIDS can be spread by casual contact. The evidence demonstrates that HIV transmission requires direct contact with infected body fluids to cause infection. The greatest risks are: contaminated syringes and needles, infected blood or body fluids, or homosexual or heterosexual contact with an infected person.
The SUS will be guided in its actions by medical evidence, applicable federal and state laws and regulations, the guidelines suggested by the Center for Disease Control (CDC), the Public Health Service, the American College Health Association, Occupational Safety and Health Administration (OSHA), the Department of Health and Rehabilitative Services, and the Governor's Task Force on AIDS.
An individual's HIV/AIDS status may not be considered in the application for admission to the university.
SUSPENSIONS AND WITHDRAWALS
No student will be required to cease attending the university solely on the basis of a diagnosis of HIV/AIDS. Such decisions will be made only after reasonable accommodations have been made and an examination of the facts demonstrates that the student can no longer perform as required.
HIV/AIDS POLICY--RESIDENCE HALL LIVING
The Division of Housing will not allow concern or suspicion about the health or sexuality of a student or employee on the part of one or more others to result in a demand that the suspected person be tested for HIV infection, relocated, isolated, ostracized, or excluded from campus housing.
Students or employees seeking personal counseling about HIV infection from housing staff members will be referred confidentially through established supervisory channels to the Director of the Student Health Care Center. In keeping with the Americans with Disabilities Act, the University considers HIV/AIDS to be a disability. Students or employees who are disabled by HIV/AIDS can utilize existing support services.
For more information about AIDS and this policy, please contact the Student Health Care Center at 392-1161.
Students who are absent from classes or examinations because of illness should contact their professors. The student should contact his or her College by the published deadline to drop a course because of medical reasons. After the college petition deadline, students may petition the University Senate Committee on Student Petitions to drop a course for medical reasons. A student should contact the Dean of Students Office, Division of Student Affairs, for procedural information to withdraw for medical reasons.
The University of Florida strives to foster an environment where students treat others with respect and human dignity. Any behavior that rises to the level of harassment of another person, related to the race of that person or otherwise, will not be tolerated and is a violation of the University's Code of Student Conduct.
SEXUAL ABUSE AND HARASSMENT INFORMATION AND PROCEDURES
The University of Florida hopes that its students to treat other persons with respect and dignity in all interpersonal relationships. Any behavior that rises to the level of harassment, sexual abuse or sexual harassment of another person will not be tolerated and is a violation of the University's Code of Student Conduct.
Sexual harassment, a form of sex discrimination, is defined as unwelcome sexual advances, requests for favors, and/or other verbal and physical conduct of a sexual nature when:
Students who have experienced sexual harassment or who have friends who have been harassed may find it helpful to discuss the situation with someone. Confidential counseling services are available at the Counseling and Wellness Center at 3190 Radio Road by calling 352-392-1575. Staff in the Dean of Students Office, located in P202 Peabody Hall, are also designated to assist students who have complaints or questions about sexually offensive behavior by faculty, staff and students. Students can also contact various administrators in their particular college as well as the Office of Human Resource Services by calling 352-392-1072. Students are encouraged to report incidents of sexual harassment so that the University can identify and deal with problems of sexual harassment.
The University of Florida has zero tolerance for discrimination or harassment, sexual harassment, sexual assault, dating violence, domestic violence or stalking. In addition, federal laws, specifically Title IX of the Education Amendments of 1972 (Title IX) and 34 C.F.R. Part 106, prohibit discrimination on the basis of gender in education programs or activities. For more information about UF Title IX policies and contact information for the Title IX coordinators, please visit https://administrativememo.ufl.edu/2013/09/uf-title-ix-coordinators/.
Ticket scalping is a violation of the Code of Student Conduct and can result in disciplinary action. The Code of Student Conduct prohibits anyone from selling a ticket to an athletic event for more than $1.00 above the price paid. As an example: if you paid $15.00 for a ticket to an event at Florida Field, you may resell it for no more than $16.00.
STATE AUTHORITY AND COMPLAINT PROCESS
The University of Florida is an institution in the State University System of Florida as described in, and as governed by, Article IX, Section 7 of the Florida Constitution and Section 100021(6)(a), Florida Statutes. The University of Florida is accredited by the Southern Association of Colleges and Schools (SACS). The SACS complaint process may be found online at http://www.sacscoc.org/pdf/081705/complaintpolicy.pdf. The student complaint process of the Board of Governors may be found online at www.flbog/contact/.