Accused Student and Student Organization Rights

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.
    • 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.
    • 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 Judicial 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.