The College of Central Florida has established regulations governing student conduct which are considered necessary to preserve and maintain an environment conducive to learning, to ensure the safety and welfare of members of the College community, to encourage students in the development and practice of good citizenship and self-discipline, and to protect property and equipment of the College.
The Code of Student Conduct is published in the Student Handbook. Each student, by registration, assumes the responsibility to become familiar with and to abide by College regulations and acceptable standards of conduct. Students who fail to observe college regulations or to maintain acceptable standards of personal conduct on the campus or at College sponsored functions or facilities are subject to disciplinary action. (CF Board Policy 7.04)
All definitions of terms used herein can be found in the Definitions Section at the end of the Code of Student Conduct.
II: STUDENT CODE AUTHORITY
The Vice President for Student Affairs shall develop procedures for the administration of the student conduct system and procedural rules for the conduct of Student Conduct Hearings. The Vice President for Student Affairs shall have original jurisdiction over all cases involving an alleged violation of the Code of Student Conduct established by the District Board of Trustees.
The Vice President for Student Affairs shall identify on each campus a Student Conduct Administrator who shall be authorized to investigate and to hear each matter and to determine sanctions as appropriate.
Decisions made by the Student Conduct Administrator shall be final, pending the appeal process set forth in Section IV. E.
III: PROSCRIBED CONDUCT
Jurisdiction of the College Code of Student Conduct
The College Code of Student Conduct is in effect on College premises, on properties owned by the College of Central Florida Foundation (with the exception of College Square Apartments) and at functions sponsored by or participated in by the College regardless of the locations.
If a student is formally charged with a felony, or with a delinquent act which would be a felony if committed by an adult, for an incident which allegedly occurred on property other than College premises, or a function sponsored by or participated in by the College regardless of location, and if that incident is determined to have an adverse impact on the educational program, discipline, or safety and welfare of the College, then the College has the right to suspend the student pending final adjudication. If the student is adjudicated guilty, then the student may be recommended for expulsion through the normal expulsion procedure. With this exception, the College will not ordinarily impose sanctions on a student who is subject to criminal prosecution for off campus activity.
The Code of Student Conduct is found in the Student Handbook.
Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end for the term, as well as during the academic year and during periods between terms of actual enrollment. The Code of Student Conduct shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending.
Cases involving alleged violations of the Student Athletic Code of Conduct by Student Athletes will be processed under the procedures outlined in the Student Athlete Handbook.
Infractions / Misconduct
Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Section IV:
- Alcohol/Drugs: The student shall not knowingly possess, use, transmit, or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, any other controlled or counterfeit substance defined in FS 893.03, or substitute for such, alcoholic beverage, inhalant or intoxicant, on the campus either before, during or after school hours or off the College grounds at a College activity, function or event. Also, a student shall not possess, have under his/her control, sell or deliver any device, or contrivance, instrument or paraphernalia containing the substance or substances described in this paragraph or any residue of such substance or devices intended for use or used in injecting, inhaling/inhalant/huffing, smoking, administering, or using any of the foregoing prescribed drugs, narcotics, or stimulants. Use of a drug authorized by a medical prescription from a registered physician for a specific student shall not be considered a violation of this rule.
- Academic Integrity Violation: Violations of the Academic Integrity Policy are handled first by the Academic Integrity Procedure found in the Student Handbook. Should there be multiple violations and / or the violation was particularly egregious, the Student Conduct Administrator may also file charges under the Cheating and Plagiarism sections of the Code of Student Conduct.
- Arson: Intentionally setting or attempting to set a fire.
- Bomb Threat: Any communication which has the effect of threatening an explosion to do malicious, destructive or bodily harm to College property, at a College function or extra-curricular/co-curricular activity or to the person(s) in or on that property or attending that event.
- Bullying: An aggressive behavior that is intended to cause distress or harm, exists in a relationship in which there is an imbalance of power or strength, and is repeated over time. Examples include but are not limited to: hitting, teasing, obscene gestures, rumors, getting someone else to bully, cyber-bullying.
- Burglary: Entering or remaining in a structure or on a conveyance with the intent to commit an offense therein unless the premises are at the time open to the public or the person is licensed or invited to enter. See F.S. 810.02.
- Cheating is the improper taking or tendering of any information or material used or intended to use for academic credit. Taking of information includes, but is not limited to, copying homework assignments from another student; working with others on a take-home test or homework when not specifically permitted by the teacher; looking or attempting to look at another student's paper during an examination; looking or attempting to look at text or notes during an examination when not permitted. The tendering of information includes, but is not limited to, giving work to another student to be used or copied; giving answers to exam questions as the exam is being given; giving answers or other such information after taking an exam to another student who has not yet taken the exam; giving or selling a term paper or other written materials to another student.
- Computer Fraud: Accessing or breaking into documents that are unauthorized.
- Cyber Attack: Introducing unwarranted programs or tools into network server.
- Disorderly or Disruptive Conduct: Creation of disorder at any College property, College sponsored or related event, or on any College sponsored transportation.
- Extortion: The willful or malicious threat of harm, injury or violence to a person, property or reputation of another with the intent to obtain money, information, services or items of material worth.
- False Fire Alarm: The willful and/or malicious activation of a fire alarm system or the willful and/or malicious reporting of a false fire.
- False and Misleading Information: Providing false, misleading or invalid statements, making false accusations, and/or withholding valid information.
- Felony Transfer: Suspension proceedings against any enrolled student who is formally charged with a felony or with a delinquent act which would be a felony if committed by an adult, for an incident which allegedly occurred on property other than College property if that incident is shown to have an adverse impact on the education program, discipline or welfare of the College or College Community.
- Fighting: Physical contact between two or more individuals where the participation is not mutual or equal, or a weapon is used, or in which injury that requires immediate first aid or subsequent medical attention occurs.
- Force or Violence against College Employee: Use of force or violence upon or against any employee of the College.
- Gross Insubordination or Open Defiance: Willful refusal to submit to or comply with authority; exhibiting contempt or open resistance to a direct order.
- Harassment: Any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student.
- Hazing: Any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
- Inciting, Leading or Participating in a Major Student Disorder: The willful act of inciting, leading or participating in a disruption or disturbance which interferes with the educational process or which can result in damage or destruction to public or private property, or cause personal injury to participants and others.
- Intentional Damage of College Property/Personal Property: Destruction or defacing of College/personal property.
- Other More Serious Miscellaneous Conduct: Conduct which is not listed as a specific infraction but which results in more serious injury, damage to property, or other serious harm.
- Plagiarism: From the Latin for "kidnapper," taking ideas from another and passing them off as one's own, whether the ideas are published, unpublished or the work of another student. Plagiarism includes, but is not limited to, submitting papers, examinations or assignments written by others; word-for-word copying of portions of another's writing without indicating that the copied passage is a quotation (by the use of quotation marks or some other indicating device) and acknowledging the source in the appropriate format; the use of a particularly unique term or concept that one has come across in reading without acknowledging the author or source; the paraphrasing or abbreviated restatement of someone else's idea(s) without acknowledging the author or source; the use of false citations or citing a source from which an idea has not been obtained; or submitting false or altered data in a laboratory. Plagiarism also occurs in a group project if a member of the group does not do his or her fair share of the group's work but attempts to take credit for the work of the group. Because electronic information is so easily reproduced, respect for the work and personal expression of others is critical in computer environments. Violations, including plagiarism, invasion of privacy, unauthorized access, and copyright violations are grounds for disciplinary proceedings. Students should consult the section on plagiarism in the writing handbook used in ENC 1101.
- Sexual Battery: Any sexual act directed against a person, forcibly or against the person's will, or not forcibly against the person's will where the victim is not capable of giving consent because of his or her youth or because of temporary or permanent incapacity.
- Sexual Harassment: Unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical contact of sexual nature when such conduct substantially interferes with a student's academic performance or creates an intimidating, hostile or offensive College environment, Sexual harassment may include, but are not limited to the following: verbal harassment or abuse, pressure for sexual activity, repeated remarks to a person with sexual or demeaning implications, unwelcome or inappropriate touching, suggestive or demanding sexual involvement accompanied by implied or explicit threats.
- Sexual Offenses: Exposing or exhibiting one's private areas in public in a vulgar or indecent manner. Intentionally touching in a lewd or lascivious manner in clothed private areas of another.
- Theft: The taking of property of another without permission of the owner.
- Trespassing: Entering upon or remaining on any property, a structure or conveyance without being authorized, licensed or invited to do so and being warned by the owner or owner's agent or by notice pursuant to Florida Statute §810.09, or, in the case of entry upon or remaining on College grounds or buildings, not having legitimate business on the campus or authorization, license or invitation to be there or being under suspension, alternative placement or expulsion.
- Unauthorized Use of Other Person's Name or Signature: Using the name, identifying number or symbol or signature of another person of any purpose without that person's authorization or permission with the intention of deceiving a College employee or under circumstances which could be reasonably calculated to deceive the employee.
- Vandalism: Intentional damage to or destruction of College property causing substantial damage.
- Victimization/Extortion or Threats/Intimidation of a More Serious Nature: A person who willfully, maliciously, and repeatedly follows and/or harasses with intent to place that person in reasonable fear of death or bodily injury.
- Weapons: Possession of any weapon defined by Sections 790.001(4),(6),(13), Florida Statutes. Notwithstanding any Florida Statutes to the contrary, weapons are not permitted on any College campus or at any College function, in motor vehicles parked or driven on any College campus or at any College function, or on any College sponsored transportation.
IV: CODE OF STUDENT CONDUCT PROCEDURES
Charges and Student Conduct Hearing Procedures
Any member of the College community may submit a written complaint against a student for alleged violations of the Code of Student Conduct. The complaint shall be directed to the Student Conduct Administrator on the campus where the alleged violation originated.
Upon receipt of the complaint, the Student Conduct Administrator may conduct a preliminary investigation to determine if the alleged complaint has merit and charges should be brought against the student.
Notice. If the Student Conduct Administrator determines that the alleged complaint has merit, then all charges, including the specific infractions and/or misconduct alleged, shall be presented to the Accused Student in written form as soon as possible after the College's preliminary review of the event takes place, normally within five (5) work days. The College shall mail the notice to the student's official address on file with the College. A copy of the notice shall be provided to the Vice President for Student Affairs.
Administrative Conference. If deemed appropriate by the Student Conduct Administrator, he or she may first attempt to resolve the Code of Student Conduct infractions and/or misconduct by holding an Administrative Conference wherein mediation and/or conflict resolution may be used to arrive at mutual consent of the parties involved. Both the Accused and Complainant must participate in the conference. If the outcome of the Administrative Conference is acceptable to the Student Conduct Administrator and both parties, then such disposition shall be communicated in writing to all parties within a reasonable period of time and shall be final, and there shall be no subsequent proceedings. A copy of the letter(s) detailing the outcome of this stage shall be provided to the Vice President for Student Affairs.
If the charges are not admitted to and/or cannot be disposed of by an Administrative Conference, then the Student Conduct Administrator will hold a hearing as described below. If the student accepts responsibility for violating the Code of Student Conduct during the Administrative Conference, but sanctions are not agreed to, the subsequent process, including a hearing if necessary, shall be limited to determining the appropriate sanction(s). A copy of the letter(s) detailing the outcome of this stage shall be provided to the Vice President for Student Affairs.
Hearings. Hearings shall be conducted by a Student Conduct Administrator according to the following guidelines except as provided by IV.A.7. below.
Hearings normally shall be conducted in private unless the Accused Student requests that it be public and the Complainant and the Vice President for Student Affairs agree.
If, in the opinion of the Student Conduct Administrator, the infraction could reasonably result in either suspension, expulsion or other serious sanction, the Student Conduct Administrator may form and chair an Ad Hoc Student Conduct Committee. The committee shall include up to a total of three (3) representative College community members (employees and students). The role of the committee members is to act in an advisory capacity to the Student Conduct Administrator who has sole responsibility and authority to determine whether or not the student is responsible for violation the Code of Student Conduct and to assign the appropriate sanctions for those found responsible for violating the Code of Student Conduct. Committee members do not vote.
The Complainant, Accused Student and their advisors, if any, shall be allowed to attend the entire portion of the hearing at which information is received. Admission of any other person to the hearing shall be at the discretion of the Student Conduct Administrator.
In hearings involving more than one Accused Student, the Student Conduct Administrator, at his or her discretion, may permit the hearings concerning each student to be conducted either separately or jointly.
The Complainant and the Accused Student have the right to be assisted by an advisor they choose, at their own expense. In order to maintain the educational nature of the hearing, the advisor must be a member of the College community and may not be an attorney. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any hearing before a Student Conduct Administrator. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
The Complainant, the Accused Student and the Student Conduct Administrator may arrange for witnesses to present pertinent information to the hearing. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least three (3) work days prior to the hearing. Witnesses will provide information to and answer questions from the Student Conduct Administrator. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Administrator with such questions directed to the Student Conduct Administrator, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the Student Conduct Administrator.
Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Administrator at his/her discretion.
All procedural questions are subject to the final decision of the Student Conduct Administrator.
After the portion of the hearing concludes in which all pertinent information has been received, the Student Conduct Administrator shall determine whether the Accused Student is responsible for or is not responsible for violating each section of the Student Code which the student is charged with violating.
The Student Conduct Administrator's determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Code of Student Conduct.
Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Code of Student Conduct proceedings.
The College will make a single verbatim record, such as a digital recording, of all hearings before a Student Conduct Administrator (not including deliberations). Deliberations shall not be recorded. The original record shall be the property of the College. The Accused and Complainant may request and receive a single copy. No participant in any hearing shall be permitted to make their own separate recording.
If an Accused Student, with notice, does not appear before a Student Conduct Administrator, the information in support of the charges shall be presented and considered even if the Accused Student is not present.
The Student Conduct Administrator may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of Vice President for Student Affairs to be appropriate.
The following sanctions may be imposed upon any student found to have violated the Code of Student Conduct:
- Withholding of diplomas or transcripts pending compliance with rules
- Completion of any student conduct process or sanction, or payment of fines
- Restrictions on the use of or removal from campus facilities
- Community Service
- Educational requirements
- Revocation of Admission and/or Degree.
More than one of the sanctions listed above may be imposed for any single violation.
Other than College expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's disciplinary record. Five (5) years after graduation or last date of attendance, the student's disciplinary record may be expunged of disciplinary actions other than College suspension, College expulsion, or revocation or withholding of a degree, upon application to the Student Conduct Administrator. Cases involving the imposition of sanctions shall not be expunged from the student's confidential record held by the Vice President for Student Affairs who is the custodian of all student confidential records.
In situations involving both an Accused Student(s) (or group or organization) and a student(s) claiming to be the victim of another student's conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the Accused Student(s) and the student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.
The following sanctions may be imposed upon groups or organizations:
- Suspension, Cancellation, or Revocation of the registration or official recognition of a student organization
- Restrictions on the use of, or removal from, campus facilities.
In each case in which it is determined that a student and/or group or organization has violated the Student Code, the sanction(s) shall be determined and imposed by the Student Conduct Administrator. In cases in which persons other than, or in addition to, the Student Conduct Administrator have been authorized to hear the case, any recommendations shall be considered by the Student Conduct Administrator in determining and imposing sanctions. The Student Conduct Administrator is not limited to sanctions recommended by others authorized to hear the case. Following the hearing, the Student Conduct Administrator shall advise the Accused Student, group and/or organization (and a complaining student who believes s/he was the victim of another student's conduct) in writing of its determination and of the sanction(s) imposed, if any.
Temporary, Emergency Course Suspension
After preliminary investigation, if, in the opinion of both the Student Conduct Administrator and the Vice President for Student Affairs, there is reasonable cause to believe that a student has committed an infraction of the Code of Student Conduct, such that his or her attendance at one or more classes would substantially impact the educational process, then, the Student Conduct Administrator may place the student on temporary suspension from one or more classes or transfer the student temporarily to a different section of the course. The Student Conduct Administrator shall notify the student in writing of the charge and investigation. The student may not return to the course until approved to do so by the Student Conduct Administrator. Every effort will be made to investigate and resolve the complaint quickly.
The Student may be offered the option of voluntarily withdrawing from the class.
If as a result of the investigation, the Student Conduct Administrator and the Vice President for Student Affairs do not approve the student to return to class, then the Student Conduct Administrator shall file the appropriate charges for violation of the Code of Student Conduct and all procedures for handling the violation of the Code of Student Conduct will be followed as described herein. The student will not be permitted to return to class until such time as the Student Conduct Hearing process is complete and as a result of the outcome of the hearing the Student Conduct Administrator grants permission for the student to return.
If as a result of the Student Conduct Administrator's sanction, the student is not permitted to return, then the Vice President for Student Affairs will withdraw the student from the specific class.
Emergency College Suspension
After preliminary investigation, if, in the opinion of the President, or his/her designee, there is reasonable cause to believe that a student's presence on campus may: a) endanger the safety and well-being of members of the College community or preservation of College property; b) endanger the student's own physical or emotional safety and well-being; or c) cause an ongoing threat of disruption of, or interference with, the normal operations of the College, then the President may impose an Emergency College Suspension prior to a hearing and during the investigation. (CF Board Policy 7.04 and 7.05)
During the emergency suspension, a student shall be denied access to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Vice President for Student Affairs may determine to be appropriate.
The emergency suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a hearing, if required.
A decision reached by or a sanction imposed by the Student Conduct Administrator may be appealed by the Accused Student(s) or Complainant(s) to the Vice President for Student Affairs within five (5) work days of the decision. Such appeals shall be in writing and shall be delivered to the Vice President for Student Affairs.
Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the hearing and supporting documents for one or more of the following purposes:
- To determine whether the hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Code of Student Conduct was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
- To determine whether the decision reached regarding the Accused Student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish.
- To determine whether the sanction(s) imposed were appropriate for the violation of the Code of Student Conduct which the student was found to have committed.
- To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing.
If an appeal is upheld by the Vice President for Student Affairs, the matter shall be returned to the original Student Conduct Administrator for re-opening of the hearing to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved with the exception of IV.E.4. below.
A student who receives the sanction of College Suspension or Expulsion may appeal first to the Vice President for Student Affairs within five (5) work days of the date of the decision. The Vice President for Student Affairs shall notify the student of his or her decision within ten (10) work days of the receipt of the petition of appeal. At the conclusion of the appeal to the Vice President for Student Affairs, the student may petition the President for review of a decision by the Student Conduct Administrator and / or the Vice President for Student Affairs within five (5) work days of the date of the decision. The written petition shall state the facts of the case, a summary of the evidence presented at the hearing, the findings of the Student Conduct Administrator or the Vice President for Student Affairs, and the student's reason for petitioning the President for review. The President's action will be limited to review of the basis for the Vice President for Student Affair's or Student Conduct Administrator's disposition and will not necessarily involve a de novo factual investigation. Notwithstanding the above, the President may, but is not required to, direct that further facts be gathered or that additional remedial action be taken. The President shall notify the student of his or her decision normally within fifteen (15) work days of the receipt of the petition of appeal. The decision of the President shall be final.
V: INTERPRETATION AND REVISION
Any question of interpretation or application of the Student Code shall be referred to the Vice President for Student Affairs for a final determination.
The Code of Student Conduct shall be reviewed every three (3) years under the direction of the Vice President for Student Affairs beginning in 2013.
- The term "Accused Student" means any student accused of violating this Code of Student Conduct.
- The term "Ad Hoc Student Conduct Committee" refers to a group of representative College employees selected by the Student Conduct Administrator to participate in hearings and to act in an advisory capacity only to the Student Conduct Administrator for those matters which could ultimately lead to suspension, expulsion, or other serious sanction.
- The term "Administrative Conference" refers to a meeting held by the Student Conduct Administrator with the Accused and Complainant. The Student Conduct Administrator may employ mediation and/or conflict resolution to arrive at an outcome that is acceptable to both parties including the Student Conduct Administrator.
- The term "College" means College of Central Florida.
- The term "College Official" includes any person employed by the College performing assigned administrative or professional responsibilities.
- The term "College Premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks) and by the CF Foundation (with the Exception of College Square Apartments).
- The term "Complainant" means any person who submits a complaint or charge alleging that a student violated this Student Code. When a student believes that s/he has been a victim of another student's misconduct, the student who believes s/he has been a victim will have the same rights under this Code of Student Conduct as are provided to the Complainant, even if another member of the College community submitted the charge itself.
- The term "Faculty Member" means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.
- The term "May" is used in the permissive sense.
- The term "Member of the College community" includes any person who is a student, faculty member, College official or any other person employed by the College. A person's status in a particular situation shall be determined by the Vice President for Student Affairs.
- The term "Organization" means any number of persons who have complied with the formal requirements for College registration or recognition.
- The term "Policy" means the written regulations of the College as found in, but not limited to, the Code of Student Conduct, the College Policy Manual, College web pages, the Student Handbook, Computer Use Policy, and Catalog.
- The term "Shall" is used in the imperative sense.
- The term "Student" includes all persons taking courses at the College, either fulltime or parttime, credit or noncredit studies. Persons who withdraw after allegedly violating the Code of Student Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of their acceptance for admission are considered "students." This Code of Student Conduct does apply at all locations of the College.
- The term "Student Conduct Administrator" refers to any person authorized by the Vice President for Student Affairs to determine whether a student has violated the Code of Student Conduct and to impose sanctions upon any student(s) or organization found to have violated the Code of Student Conduct.
- The "Vice President for Student Affairs" is that person designated by the College President to be responsible for the administration of the Code of Student Conduct.