Student Rights in the Student Conduct Review Process
The following rights shall be explained to each charged student prior to the commencement of any formal disciplinary hearing:
- The charged student shall be afforded reasonable written notice, at least five (5) business days prior to the formal hearing, unless waived in writing. Written notice sent to the charged student’s electronic and/or physical address listed in the Registrar’s records shall constitute full and adequate notice. Written notice shall include:
- The student’s name and address.
- Date, time and location and nature of the proceeding of the formal hearing.
- The rule(s) of conduct allegedly violated as known at the time formal charges are prepared.
- Names of potential witnesses known at the time formal charges are prepared.
- A description of any written or physical documentation known at the time formal charges are prepared.
- The student may have, at his or her own expense and initiative, an advisor present at the hearing. It is the student’s responsibility to make appropriate arrangements for the advisor to attend the hearing, and the hearing shall not be delayed due to scheduling conflicts of the chosen advisor. The advisor may be present to advise the student but shall not speak for or present the case for the student or otherwise participate directly in the proceeding. The student may consult with their advisor at any time during the hearing. This consultation must take place in a manner that does not disrupt the proceedings. In addition, an advisor may not serve as a witness. If the advisor does not adhere to their defined role in the student conduct review process, they may be removed from the hearing.
- All hearings shall be conducted on the basis that the charged student is not in violation until the preponderance of evidence proves otherwise. At a hearing, the technical rules of evidence applicable to civil and criminal cases shall not apply. The burden of proof in a student conduct hearing is not on the student charged with a violation of the Rules of Conduct.
- The student may inspect any information presented in support of the charges at least three (3) business days before the formal hearing. The University also has the right to review any information the student intends to use at least three (3) business days before the formal hearing. Only such information that is determined Relevant Information will be made part of the hearing record.
- The university cannot compel any person to attend a formal hearing. However, all parties may arrange for witnesses to voluntarily present Relevant Information during the proceeding. The student may hear and question adverse parties who testify at the hearing.
- The student shall not be forced to present self-incriminating information; however, the University is not required to postpone disciplinary proceedings pending the outcome of any civil or criminal case. The University’s formal hearing is not a criminal or judicial proceeding and is designed to address student behavior; therefore, alleged violations of the UCF Rules of Conduct will be addressed independently of any outcome imposed by the courts for a criminal offense.
- The proposed finding, as well as the Director of the OSC’s or designee’s determination, of “in violation” or “not in violation” on the charges shall be based solely on the information presented at the formal hearing.
- Only if the proposed finding of the hearing body is that the student is in violation, will prior conduct history be reviewed and potentially affect proposed sanctioning.
- The results of any formal hearing shall be made available to the student within seven (7) business days following the hearing (deadline can be extended by mutual agreement of the charged student and the Director of the OSC’s or designee). For academic integrity cases, the results of any formal hearing shall be made available to the student within fourteen (14) business days following the hearing.
- The student’s enrollment status shall remain unchanged pending the University’s final agency action in the matter, except in cases where the VP of SDES or designee determines that the safety, health, or general welfare of the student, any individual, or any part of the University may be involved.
Additional Procedures in Cases of Sexual Misconduct and/or Interpersonal Violence. Where a student is charged with Sexual Misconduct and/or Interpersonal Violence, the procedures outlined in UCF-5.006(9) will apply in addition to the procedures of the Student Conduct Review Process.