Typically students are assumed to be representing themselves in all student conduct matters, whether or not the student is also facing other proceedings related to the same conduct. Students may have an advisor, advocate, or legal representative present during the preliminary conference or disciplinary proceeding(s). In addition, Student Conduct & Academic Integrity will correspond at all times directly with the student, and not through any third party regardless of the student's relationship with the chosen advisor, advocate, or legal representative.
UCF Golden Rule Student Handbook 5.009.4.b:
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. An advisor, advocate, or legal representative may not serve as a witness during any disciplinary proceeding. 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 preliminary conference or disciplinary proceeding(s). 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.
The student conduct process at the University of Central Florida is not attempting to determine whether or not a student has violated the law; the University is trying to determine whether or not a student violated University rules and regulations. As such, the goals and the means of the criminal justice process and the student conduct process are dissimilar. No delays are given to students to accommodate their interests in the criminal process.
No. It is the practice of Student Conduct & Academic Integrity to communicate directly to the student as well as allow the student to inspect and review information. Student Conduct & Academic Integrity will not communicate with you in place of the student; however, the completed FERPA release is needed for you to serve as the student's advisor, advocate, or legal representative during the disciplinary proceeding.
At least five (5) business days before the informal resolution conference or formal hearing (disciplinary proceeding), 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.
Should you wish to review this information with your student, it is your responsibility to make arrangements with the student to review the documents. Copies of the documents will not be provided outside of the documents shared with the student.
No. “Double-jeopardy” is a concept that applies solely to criminal proceedings. Criminal proceedings do not in any way offer exemptions from civil or administrative proceedings.
The student disciplinary system is not judging criminal guilt, but rather whether a student has violated campus rules. The courts have long recognized the differing interests of the University community from that of the criminal justice process. Although there are basic concepts of fairness that apply to student disciplinary proceedings, the student disciplinary system serves administrative and educational functions relating to the mission of the University of Central Florida. Many of the intricate rules and processes found in a court system are not necessary for the campus. The process at UCF is less complex than the court system.
UCF Golden Rule Student Handbook 5.007.1.c: “The University may take action against a student for off- campus conduct if the conduct is specifically prohibited by law or the Rules of Conduct; or if the conduct poses (or demonstrates that the student’s continued presence on University premises poses) a danger to the health, safety or welfare of the University community; or if the conduct is disruptive to the orderly processes and functions of the University.”
It is important to remember that: “Any person who accepts the privilege extended by the laws of this state of attendance at any public postsecondary educational institution shall, by attending such institution, be deemed to have given his or her consent to the policies of that institution, the State Board of Education, and the Board of Governors regarding the State University System, and the laws of this state.” Florida Statutes §1006.61(1).
Decisions with respect to student responsibility for alleged actions are made based on a preponderance of the evidence; that is, the hearing panel or administrator will determine what is “more likely than not” to have taken place.
As an attorney for the student, it is your responsibility to abide by all expectations established by the Florida Bar Association with respect to the autonomy of administrative processes. Additionally, the University expects that you will behave professionally and cooperate fully with the student disciplinary process; should your actions become disruptive to the process, you will be asked to remove yourself from the process.
State universities are directed to establish student conduct procedures and student conduct codes, and the University of Central Florida has done just that in establishing its student conduct process. “Any person who accepts the privilege extended by the laws of this state of attendance at any public postsecondary educational institution shall, by attending such institution, be deemed to have given his or her consent to the policies of that institution, the State Board of Education, and the Board of Governors regarding the State University System, and the laws of this state.” Florida Statutes 1006.61(1). ” Each student in a community college or state university is subject to federal and state law, respective county and municipal ordinances, and all rules and regulations of the State Board of Education, the Board of Governors regarding the State University System, or the board of trustees of the institution.” Florida Statutes 1006.62(1). “Violation of these published laws, ordinances, or rules and regulations may subject the violator to appropriate action by the institution’s authorities.” Florida Statutes 1006.62(2).
In addition to the statutory citations above, we recommend the following resources for attorneys:
In addition, a review of the following significant cases may be useful: