Student Rights in the Student Conduct Review Process


The following rights apply to a student disciplinary proceeding:

  1. The charged student shall be afforded timely written notice, at least seven (7) business days prior to each disciplinary proceeding, unless waived in writing. Written notice may be sent to the charged student’s electronic and/or physical address listed in the Registrar’s records. Written notice shall include:
    • The student’s name and address.
    • Date, time, and location of the disciplinary proceeding.
    • The rule(s) of conduct allegedly violated as known at the time the notice is sent.
    • A listing of all known witnesses that have provided, or will provide, information against the student.
    • A description of any physical or written documentation known at the time the notice is sent.
  2. The student may have, at their own expense and initiative, an advisor, advocate, or legal representative to be present and who can fully participate in the disciplinary proceeding (i.e., informal resolution conference or formal hearing). It is the student’s responsibility to make appropriate arrangements for the advisor, advocate, or legal representative to attend the preliminary conference or disciplinary proceeding(s), and the disciplinary proceeding s shall not be delayed due to scheduling conflicts of the chosen advisor, advocate, or legal representative. The student may consult with their advisor, advocate, or legal representative at any time during the preliminary conference, or disciplinary proceeding(s). This consultation must take place in a manner that does not disrupt the disciplinary proceeding(s). An advisor, advocate, or legal representative may not serve as a witness during a disciplinary proceeding. If the advisor, advocate, or legal representative does not adhere to their defined role in the Student Conduct Review Process, they may be removed from the disciplinary proceeding.
  3. The Student Conduct Review Process shall be conducted on the basis that the charged student is not in violation until the preponderance of evidence proves otherwise, except if the student accepts responsibility for the charge(s). The technical rules of evidence applicable to civil and criminal cases shall not apply to the Student Conduct Review Process, including during a formal hearing. The burden of proof is not on the student charged with a violation of the Rules of Conduct. The university has the burden to prove, by a preponderance of the evidence, that a violation has taken place. Nothing contained in this paragraph prohibits or limits the University in offering other forms of resolution, such as mediation or informal resolution.
  4. The student shall have the right to an impartial hearing officer for the formal hearing. Prior to the commencement of the formal hearing, the charged student shall have the opportunity to challenge the impartiality of any member(s) of the hearing body. Only good faith challenges will be accepted. If the student shows good cause for the removal of any member(s) of the hearing body, the Associate Vice President and Dean of Students or designee will assign a hearing body member. (e) At least five (5) business days before the informal resolution conference or formal hearing, the University will provide the student with the opportunity to inspect all known information relating to the allegation(s), including inculpatory and exculpatory information. The University also has the right to review any information the student intends to use at the informal resolution conference or formal hearing at least five (5) business days before the informal resolution conference or formal hearing. During a formal hearing, only such information that is determined to be “Relevant Information” will be allowed.
  5. 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 questioning of a witness shall be facilitated by the hearing officer or panel conducting the formal hearing.
  6. The student shall not be forced to present self-incriminating information during a disciplinary proceeding. In addition, the student reserves the right to remain silent. Such silence may not be used against the student. The University is not required to postpone any disciplinary proceeding(s) 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.
  7. The proposed finding, as well as the Director of SCAI’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.
  8. Should the student fail to attend the scheduled formal hearing, the hearing will be held in the student’s absence and the proposed findings, including any recommended sanctions, will be made using the information available at the time of the scheduled formal hearing.
    Only if the proposed finding of the formal hearing body is that the student is in violation, will prior conduct history be reviewed and potentially affect proposed sanctioning.
  9. The results of any formal hearing shall be made available to the charged student within ten (10) business days following the hearing. Should SCAI need additional time, the deadline can be extended by the Director of SCAI or designee by notifying the charged student. For academic integrity cases, the results of any formal hearing shall be made available to the charged student within fifteen (15) business days following the hearing. The Director of SCAI or designee shall notify the charged student in writing of the need for additional time.
    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.
  10. 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.
  11. The student has the right to an accurate and complete record of each disciplinary proceeding related to the charged violation(s) of the Rules of Conduct, including record of any appeal, to be made, preserved, and available for copying upon request by the charged student. The disciplinary record is considered complete following final agency action by the University. The disciplinary records will be maintained in accordance with UCF-5.007.

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.


NOTE: This section may be found in Chapter 5 on the University of Central Florida Regulations website.