Procedures and Sanctioning Practices

Charges and Hearings
Appeals
End of Year Cases
Sanctioning Practices
Standard Disciplinary Practices
Other Sanctions
Apprehension of Students
Privacy and Search and Seizure
Routine Inspections
All Other Inspections

Charges and Hearing  | Back to top.

1. Any member of the University community may file charges against any student or organization for misconduct. Charges shall be prepared in writing and directed to the judicial coordinator, who is responsible for the administration of the judicial system. Charges must be submitted in a timely manner.

2. The judicial coordinator may conduct an investigation to determine if the charges have merit and/or they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the judicial coordinator. Such disposition shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the judicial coordinator may later serve in the same matter as the judicial body or a member thereof. The judicial coordinator will determine whether the case is best heard by a student board or administrative board, or will explore with the students involved the option of mediation.

3. All charges shall be presented to the accused student or organization in written form. A reasonable time shall be set for a hearing after the prehearing meeting (with the exception of summary suspension situations). Maximum time limits for scheduling of hearings may be extended at the discretion of the judicial coordinator.

4. Any student or organization receiving notice of charges should attend the mandatory pre-hearing session with the judicial coordinator or designee. At the prehearing meeting:

a. The student or organization will be advised of the hearing procedures.

b. The student or organization may, if she/he is admitting responsibility, request the pre-hearing officer to hear the case; however, the pre-hearing officer may elect not to do so if she/he deems a board hearing to be more appropriate. If a student admits responsibility, they are not eligible for appeal.

c. The pre-hearing officer will explain fully the specific conduct article(s) noted and possible sanctions involved in the case.

d. The pre-hearing officer will counsel the student about what subsequent steps should be taken. The pre-hearing officer will encourage the student to raise any questions or problems related to the case.

e. The pre-hearing officer will encourage the student to notify his/her parents of possible disciplinary action, especially if the student's continuance at the University may be in jeopardy.

f. If a student or organizational representative does not attend a pre-hearing session, she/he will be automatically found responsible for all charges, sanctioned appropriately, and fined $25.

5. Hearings shall be conducted by a judicial body according to the following guidelines:

a. Hearings normally shall be conducted in private. At the request of the accused student, and subject to the discretion of the chairperson and the permission of all other parties involved, members of the University community may be permitted to attend, but shall not have the privilege of participating in the hearing.

b. In hearings involving more than one student, the chairperson of the judicial body, at his or her discretion, may permit the hearings concerning each student to be conducted separately.

c. The accused student and the party bringing charges may be assisted by a member of the University community. The person providing assistance is not permitted to take part in the hearing but may communicate with the accused or the complainant.

d. The party bringing charges and the accused shall have the privilege of presenting witnesses, which may be questioned by the judicial body. In addition, accused students who are found responsible for conduct violations may present character witnesses during the sanctioning phase of the hearing.

e. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.

f. All procedural questions are subject to the final decision of the chairperson of the judicial body.

g. After the presentations of all parties, the judicial body shall determine by majority vote whether the student has violated each article of the student code that the student is charged with violating. The judicial body's determination shall be made on the basis of whether it is more likely than not that the accused student violated the student code.

h. There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the University and shall be destroyed after the appeal period has concluded.

i . If the accused is not present for the hearing, the board has the right to postpone the hearing or hear the case in his/her absence. Failure to attend the hearing will result in a $25 fine.

j. A written statement of the judicial body's decision shall be mailed to the accused not less than ten days after the hearing.

Appeals | Back to top.

1. A decision reached by the judicial body may be appealed by the accused student to an Appellate Board within five (5) school days of delivery of the written decision. Such appeals shall be in writing and shall be delivered to the judicial coordinator.

2. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:

a. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures, giving the complaining party a reasonable opportunity to prepare and present evidence that the student code was violated, and giving the accused student a reasonable opportunity to prepare and present a rebuttal of those allegations.

b. To determine whether the sanctions imposed were appropriate for the violation of the student code, which the student was found to have committed.

c. To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

3. The appellate body has the authority to: (a) alter the sanctions delivered by the board of original jurisdiction, (b) hold a new hearing on all issues, (c) refer a case for a re-hearing to the board of original jurisdiction or (d) affirm the decision of the original board.

4. All decisions of appellate boards are final, with the exception of cases that affect a student's continuance at the University, which may be appealed to the dean of students.

5. The student is to be notified, in writing, of the results of the appeal hearing by mail within five working days after the hearing.

End of Year Cases | Back to top.

Modification of procedures for cases which cannot be adjudicated in a fall/spring semester

Any incidents that are reported near the end of the spring term and are unable to be heard by the traditional hearing body may be referred to an off-term board. This board will consist of five members of the University community and operate according to the established judicial board format and procedures. The accused student will be asked to submit a statement in writing regarding the incident that may include statements by any witnesses by a prescribed date. The board, in conjunction with the incident report form, will consider this statement. The accused student will be notified of the board's decision in the mail. This board will also handle incidents that occur during summer sessions conducted at the University. If the accused student wishes to appeal the decision of this board, they must do so within five days of the start of the following term. The Judicial Coordinator has the prerogative to suspend adjudication of any cases to the following term.

Sanctioning Practices | Back to top.

The various components of The University of Tampa student judicial system have the authority to impose sanctions for the violation of University regulations. Such sanctions shall be imposed with regard to the severity and circumstances of the case.

A sanction may be imposed separately or in conjunction with other sanctions at the discretion of the board of hearing. These sanctions are listed and defined below.

Students and organizations are cautioned that the breach of any regulation, given the appropriate circumstances, may result in the imposition of any of the following sanctions, including expulsion. The severity of the sanction imposed will depend in each instance on the violation.

Repeated violations and/or combinations of violations will result in more severe disciplinary action than if only one violation occurred.

A copy of the results of each hearing will be placed in the file of the student or organization who has been charged. A release form is required in order for any hearing material or information to be released to any outside agency or individual.

Standard Disciplinary Practices | Back to top.

These sanctions are progressive and are mutually exclusive. Additional sanctions may be imposed in conjunction with a standard disciplinary sanction.

Disciplinary Reprimand is a written expression of disapproval to the student for violation of a specified regulation or regulations. It includes a warning that further violations of University regulations may result in more severe sanctions.

Pending Termination of Residency is the residence-hall probationary status accorded a student before he/she has residential privileges terminated at The University of Tampa. During this period, any further violations of policy may result in a recommendation for termination of residency to the judicial coordinator. In addition, a student may not run for, hold, or receive a key campus elected or appointed office as noted in the Student Activities Office data file for that organization or receive a co-curricular honor. This status will also restrict a student from study abroad opportunities.

Termination of Residency is the removal of a student from University housing after a specific date and for a specified period of time. Students who are removed from University housing for disciplinary reasons will receive no refund. In addition, a student may not run for, hold, or receive a key campus elected or appointed office as noted in the Student Activities Office data file for that organization or receive a co-curricular honor. This status will also restrict a student from study abroad opportunities.

Pending Suspension is the disciplinary probation status accorded a student before she/he is suspended. During this period, any further violations of policy may result in a recommendation for suspension to the judicial coordinator. In addition, a student may not run for, hold or receive a key campus elected or appointed office as noted in the Student Activities Office data file for that organization or receive a co-curricular honor. This status will also restrict a student from study abroad opportunities.

Suspension** is the termination of registration as a student at the University after a specific date and for a specified time not to exceed two years. Before a student is readmitted to the University, the student must attend a session with the dean of students or his/her designee to discuss any relevant conditions of readmission.

Summary Suspension** is the immediate separation of a student from the University (pending a hearing), by the judicial coordinator, the dean of students or his/her representative. Summary suspension will be imposed only in exceptional circumstances to ensure the health, safety or welfare of members of the University or University property or to ensure the student's own physical or emotional safety and welfare. Students who have been summarily suspended from the University must have a conduct hearing within ten days of the summary suspension.

Expulsion** is the permanent separation from the University without the opportunity for reinstatement.

** These sanctions may be recommended by the judicial coordinator or the hearing board but require approval by the dean of students. Students who are expelled or suspended from the University will receive no refund.

Other Sanctions | Back to top.

Other reasonable and fair measures that are consistent with the educational mission of the University, and that will allow the individual to perform a service that will benefit himself/herself as well as the University community or will contribute to a student's awareness of his/her responsibilities as a citizen of the academic community may be imposed separately or in conjunction with other sanctions at the discretion of the board of hearing.

These measures may involve compensation, a correlation to the violation and/or particular significance to the person charged.

The board that places the additional sanction(s) will be responsible for determining if the individual has adequately performed the additional sanction and for determining if further sanctions are necessary.

The following sanctions serve as examples:

Restitution

Restitution is a written directive to replace, repair or make specific compensation for property of the University that was damaged, destroyed or misused, or for losses incurred as a result of the actions of the accused during the commission of a violation. The board of hearing shall set the amount and form of restitution, which shall not exceed the fair amount of damage, loss or destruction incurred.

Written Apology

A student is directed to forward a written apology approved by the judicial coordinator to such person or persons offended by the student's actions.

Restriction or Revocation of Privileges

One or more of a student's privileges may be restricted or revoked for a specified period of time. The board of hearing will apply restrictions or revocations as are appropriate to the offense.

Stop Order

A stop order is placed on a student who has unfinished business with a University official or department. A stop order prohibits a student from any or all the following: registering for classes and attending classes. The stop order is lifted when the student attends to the matter that initiated the stop order.

Judicial Fines

A judicial fine will be between $10 and $200, inclusively, depending on the severity and circumstances of the offense.

A $25 fine will be imposed when a student fails to schedule a hearing or attend a scheduled hearing without making any prior effort to contact the judicial coordinator.

A $25 fine for contempt may be imposed by the chief justice or chairperson of the board when, after fair warning, a student continues to be disruptive or abusive during a hearing.

Campus Service

A student is directed to complete a specified service task or number of service hours for the University community. The board of hearing will make such assignments as are appropriate to the offense.

Letter to Parents/Guardians

An informational copy of disciplinary action resulting in

• pending suspension

• suspension

• pending termination of residency

• termination of residency

• expulsion

may be sent to the parents or guardian of a student who is: (1) under 18 years of age or (2) financially dependent on his/her parents or guardian, depending on the circumstances surrounding the incident.
Parents may also be notified of alcohol and other drug incidents for students under 21 years of age, regardless of financial dependency or resulting sanction.

Workshops

The Office of Student Conduct has designated educational workshops on two topics relevant to student life. These workshops focus on alcohol and other drugs. The original board of hearing will make assignments to these workshops as appropriate. All workshops are designed to assist students in understanding the effects of these topics and to promote thoughtful consideration of how they apply in their lives.

Special Sanctions | Back to top.

ARTICLE 7 - PERSONAL ABUSE (Sexual Misconduct)

As required by the Student Right-to-Know and Campus Security Act of 1992, possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure regarding rape, acquaintance rape and other sex offenses, forcible and non-forcible, range from pending suspension to expulsion.

 

Alcohol and Drug Related Sanctions

Certain offenses require by law that the University discloses possible sanctioning practices. In response to the Drug-Free Schools and Communities Act of 1989, the following possible sanctions are in place for alcohol and other drug violations. Also, see the "Partners for Responsible Choices" section for a further discussion of drugs and alcohol.

ARTICLE 9 (ALCOHOLIC BEVERAGES) VIOLATIONS **

Depending on the amount of alcohol involved, the student may be suspended or expelled from the University, as well as be prosecuted. At the minimum*, a student will be sanctioned as follows:

First Violation

A. Student may be required to perform 10 hours of campus service.

B. Student is required to pay for and complete an online alcohol education program.

C. Student is required to pay for and complete a full alcohol/other drug assessment from a licensed Alcohol and Other Drug Counselor and comply with all recommendations. Student is responsible for any costs associated with these sessions.

D. If student is financially dependent or under the age of 21, parents or guardians are notified.

E. Residential student is placed on “pending termination of residency status.”

Second Violation

A. Residential student is terminated from campus housing, and may receive restricted access from all residential areas. Off-campus students will receive restricted access from all residential areas.

B. Student is placed on "pending suspension" status.

C. Student is required to complete and pay for a full alcohol/other drug assessment from a licensed Alcohol and Other Drug Counselor and comply with all recommendations. Student is responsible for any costs associated with these sessions.

D. Student is required to perform campus service.

E. If student is financially dependent or under the age of 21, parents or guardians are notified.

Third Violation

Student is suspended from campus housing and may be suspended from the University. Student may be restricted access to all residence halls.

*Constructive violations may not be subject to the minimum sanctions.

**These violations are cumulative over a student's collegiate career.

Social Host Violations*

There exists a specific set of sanctions for those students who are found responsible for social host violations. A social host violator is any student in whose contracted residence hall an alcohol violation has occurred. At a minimum, a student will be sanctioned as follows:

A. Student is terminated from campus housing.

B. Student is placed on "pending suspension" status. If student commits an alcohol violation again, the student will be suspended from the University.

C. Student is required to complete and pay for a full alcohol/other drug assessment from a licensed Alcohol and Other Drug Counselor and comply with all recommendations. Student is responsible for any costs associated with these sessions.

D. Student is required to perform campus service.

E. If student is financially dependent or under the age of 21, parents or guardians are notified.

*These violations are cumulative over a student's collegiate career.

ARTICLE 10 (DRUGS) VIOLATIONS **

Depending on the amount of illegal substance involved, the student may be suspended or expelled from the University, as well as be prosecuted. At the minimum*, a student will be sanctioned as follows: For drug paraphernalia violations, sanctions may be less than prescribed below.

First Violation

A. Residential student is terminated from campus housing, and may receive restricted access from all residential areas. Off-campus students will receive restricted access from all residential areas.

B. Student is placed on "pending suspension" status.

C. Student is required to complete and pay for a full alcohol/other drug assessment from a licensed Alcohol and Other Drug Counselor and comply with all recommendations. Student is responsible for any costs associated with these sessions.

D. Student is required to perform campus service.

E. If student is financially dependent or under the age of 21, parents or guardians are notified.

Second Violation

Student is suspended from the University.

*Constructive violations may not be subject to the minimum sanctions.

**These violations are cumulative over a student's collegiate career.

Apprehension of Students | Back to top.

Students who have been arrested may obtain advice from the Dean of Students before court appearance.

It is the responsibility of the student to obtain bond and to notify his/her parents. A case in court will be postponed if the student is under 18 years of age and has no proof that his/her parents have been notified or has not had the choice of legal representation.

University disciplinary proceedings may be instituted against a student charged with violation of a law that is also a violation of this student code, for example, if both violations result from the same factual situation, without regard to the civil litigation in court or criminal arrest and prosecution. Proceedings under this student code may be carried out before, simultaneously with or following a civil or criminal proceeding off campus.

Privacy and Search and Seizure | Back to top.

Realizing the need for privacy, the University shall make every effort to guarantee such privacy to the occupants of the residence halls. It is hoped that entry into residence hall rooms, except for routine inspection and maintenance, will not be necessary. This guarantee of privacy depends on the cooperation and willingness of each occupant to respect the rights of others and the rights of the University.

Except by invitation, students' rooms may be entered by a staff member only for the purpose of routine inspection, when it is reasonably believed that a violation of University regulations or local, state or federal laws is occurring or when it is feared there is an imminent danger to life, safety, health or property.

All Other Inspections | Back to top.

A. If anyone has reason to believe that University regulations or local, state or federal laws are being violated, or that there is an imminent danger to life, safety, health or property, he/she will immediately inform a residence life staff member of all relevant facts and circumstances.

B. If a residence life staff member or other administrative official has reason to believe the allegations or fears, she/he will enter the room and conduct a search of the premises immediately with the assistance of another University staff member. During this search, the staff members are authorized to open desks, bureaus and closets and to examine the personal effects of residents of the room. Appropriate steps will be taken to alleviate any emergency situation. Any contraband found will be impounded. When possible, the resident(s) will be notified and present.

C. University staff members will deliver all impounded items, with the exception of household appliances and pets, to Campus Safety and Security immediately upon completing the search. The Campus Safety and Security will then send a written report of the findings to the judicial coordinator. The university staff member will write and /or review the incident report and forward this form to the judicial coordinator.

*Contraband is defined as any property that is unauthorized and/or illegal under the rules and regulations of the residence hall, University of Tampa regulations, the ordinances of the city of Tampa, the laws of the state of Florida or the laws of the United States.