Students are expected to represent 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 present during all student conduct proceedings, but the advisor is restricted from any participation in the proceedings. This advisor may be an attorney or a friend or another person. In addition, Student Conduct & Academic Integrity will correspond at all times directly with the student, and not through any third party.
UCF Golden Rule Student Handbook 5.009.4.b: “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 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.”
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. “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: