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Student Rights and Responsibilities

 

Student Code of Conduct Definitions

University Policies

I. Personal Responsibility  

II. Respect of Persons 

III. Respect for Property 

IV. Respect for the University Community 

V.Alcohol 

VI. Drugs 

VII. Drug Paraphernalia 

VIII. Sexual Misconduct 

IX. Hazing 

X. Weapons and Dangerous Objects 

XI. Compliance with Directives 

XII. Access and Entry 

XIII. Distributing, Posting and Soliciting  

XIV. Guests and Visitors 

XV. Pets 

XVI. Fire Safety 

XVII. Campus Living Policies 

XVIII. Computer Misuse and Acceptable Use Policy 

XIX. Violation of Other Published University Policies 

XX. Federal, State, Local Law, and City Ordinances 

XXI. Other Behaviors Impacting the University Community 

XXII. Retaliation

 

 
 Student Code of Conduct Definitions | Back to top.


Advisor: any person a complainant, or respondent chooses to support them during an investigation of Sexual Misconduct. The advisor may not speak on behalf of the person they are advising and is not permitted to directly participate in the outlined procedures, but instead may be present only to provide assistance or advice to the individual they are supporting.


Business day: a day in which The University of Tampa is open for normal business. This excludes weekend, federal holidays, and break periods for which the University is closed.


Complainant: An individual who reportedly experienced sexual misconduct, regardless of whether that individual participates in the disclosure or review of that report by the University at any point.


Confidential Employee: A staff member of the University that is obligated to withhold any and all information disclosed to them by any student. This person could be, but, is not limited to, a University Counselor or Victim Advocate.


Constructive possession: a student having knowledge and access of items located in an area, but not necessarily having actual possession.


Consent: is defined as informed, voluntary, and mutual agreement to the specific sexual contact evidenced by a clear expression in words or actions. Consent can be withdrawn at any time. If a person is mentally or physically incapacitated or impaired, whether temporarily or permanently, so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent. This includes impairment or incapacitation due to alcohol or drug consumption, being asleep or unconscious, or any other reason that the individual is physically or mentally unable to communicate consent.

 
Dangerous object: any item that is used in a way that can invoke fear to a reasonable person.


Faculty member: any person hired by The University of Tampa to conduct classroom activities.


Guest: any person who is not affiliated with The University of Tampa.


Investigator: An appropriately trained individual, who may be a University employee, or external consultant, who reviews and investigates reports of sexual misconduct.


Possession: is defined as custody, or control over and being located on one’s person, in their assigned/leased personal space, residence hall room, or vehicle.


Preponderance (of evidence): The standard of proof for finding of a violation of the Student Code of Conduct; preponderance of evidence means that, upon consideration of all of the evidence, it is more likely than not that the violation was committed.


Prohibited: means banned from participating in.


Reporting Party: An individual who reports alleged misconduct to the University. In reports of sexual misconduct, the reporting party need not be a Complainant.


Respondent or Responding Student: A University student who is reported to have engaged in alleged misconduct. This term also includes individuals whose identities are unknown if there is a reason to believe that they may be a University student.


Responsible Employee: All persons who work for the university (students, staff or faculty) that are not considered confidential employees and are considered a Responsible Employee and are obligated to report any violation(s) of the Sexual Misconduct policy.


Retaliation: An intentional act made by a Student that prohibits or intimidates another student or University official from making a good faith report of misconduct, reasonably participating in the investigation of a report of misconduct, reasonably objecting to or resisting misconduct, or being a close associate of someone who makes or may make a good faith report of misconduct.


Staff / staff member: any person employed by The University of Tampa performing assigned administrative, professional, or classified responsibilities.


Student: includes all persons taking courses at the University, both full-time and part-time pursuing undergraduate or graduate studies, as well as anyone on university property related to registration for enrollment. Persons who are not officially enrolled but have had a relationship with the university as a student within the previous two (2) academic semesters are also considered “students.” Additionally, “student” also includes those individuals who satisfied this definition at the time of the alleged violation.


University: means The University of Tampa.


University official: includes any person employed by The University of Tampa performing administrative or professional responsibilities.


University community: means any place or person with whom The University of Tampa has a vested interest.
University of Tampa campus: means all property owned, leased, or loaned to The University of Tampa, which includes any place where The University of Tampa conducts official business, meetings, or events.


University support person: is any current student, faculty or staff member of the University chosen by a respondent in all student misconduct cases with the exception of sexual misconduct; see advisor. The university support person may not speak on behalf of the person they are supporting and is not permitted to directly participate in the outlined procedures, but instead may be present only.

 
Visitor: means any person who is visiting campus but holds a relationship with The University of Tampa.


Weapon: means any item that is designed for inflicting or could be used to inflict bodily harm. 

 
 University Policies | Back to top.

I. Personal Responsibility | Back to top. 
Students are expected to uphold the values of the Spartan Code at all times. This includes but is not limited to:
a. Conducting themselves with a high level of personal responsibility.
b. Carrying their university-issued identification card at all times.
c. Conducting financial transactions lawfully and with integrity and meeting their financial obligations with respect to University funds.
Additionally students are prohibited from:
d. Falsifying or being party to the falsification, actively or passively, of any official University record or document.
e. Providing false information to any University official, faculty member, staff member, or office.
f. Possessing, using, manufacturing, and/or distributing forged or falsified governmental or university identification including identification issued to someone else.

II. Respect of Persons | Back to top.
Students are expected to maintain respectful behavior toward all university community members. No student shall take any action that creates a substantial risk such that harm could result to any person including themselves. This policy refers to violations of the Code of Conduct that are not of a sexual nature, which are addressed in the Sexual Misconduct Policy. The prohibited conduct includes but is not limited to:
a. Intentionally or recklessly causing physical harm or endangering the health, safety, or welfare of oneself, another person, or group.
b. Interfering with the freedom of another person to move about in a lawful manner.
c. Creating an intimidating, hostile, threatening, or offensive campus, educational or working environment for other persons.
d. Initiating actions or statements that threaten, harm or intimidate another person, which may include electronic communications.
e. Intimidating or injuring other persons physically, mentally, or psychologically on the basis of age, race, ethnicity, gender, sexual orientation, religion, or disability.
f. Acting in a manner that invades the privacy of others.
g. Attempting to interfere or intimidate a University community member with regard to a student conduct matter.

III. Respect for Property | Back to top.
Students are required to respect the property of others and The University of Tampa. The prohibited conduct includes but is not limited to:
a. Misusing, possessing, or stealing the property belonging to others or The University of Tampa.
b. Defacing, or damaging property belonging to others or to The University of Tampa.
c. Riding bicycles or using skates, skateboards, or any other personal transportation devices in university buildings, breezeways, hallways and balconies. Any exceptions must be approved by The Office of Student Disabilities Services.
d. Littering on University property.

IV. Respect for the University Community | Back to top.
Students are required to respect the university community. The prohibited conduct includes but is not limited to:
a. Gathering in such a manner as to disturb the peace or interrupt the proper functioning of The University of Tampa. Disruptions include but are not limited to obstruction of teaching, research, administration, other University activities, and/or other authorized non-University activities which occur on the University campus.
b. Smoking or vaporizing in any University owned, controlled, operated or leased property in or on campus.
c. Wearing inappropriate upper and lower garments and/or failing to wear shoes or sandals at all times in any public area of The University of Tampa campus. Nudity is not permitted outside of private residence hall rooms, bathrooms, or locker rooms, unless academically required.
d. Wearing inappropriate attire for formal occasions of a ceremonial nature.

V. Alcohol | Back to top.
The University of Tampa is committed to providing a safe living and learning environment for all students. In order to use, possess, or consume alcohol, students must be 21 years of age. Alcohol consumption must be done in moderation and responsibly. Students are prohibited from the following:
a. Distributing, manufacturing, or selling alcoholic beverages on The University of Tampa campus. Students under 21 years of age may not use, possess, consume, or be under the influence of alcoholic beverages on The University of Tampa campus.
b. Being in constructive possession of alcohol if under 21 years of age.
c. Trying to obtain alcohol by fraudulent means or the coercing of others.
d. Causing a disruption to the residential, University, or Tampa community or that is detrimental to one’s health and safety, or the health and safety of others as a result of intoxication.
e. Possessing common source containers of alcohol and devices that are designed for the rapid high-risk consumption of alcohol. These devices and containers include but are not limited to kegs, growlers, funnels, and beer bongs. Drinking games actual or simulated that result in the rapid high-risk or excess consumption of alcohol are also prohibited.
f. Consuming alcohol in any public space on campus.
g. Operating a motor vehicle on or off University property while impaired by alcohol.
h. Hosting a gathering where there is consumption, distribution, possession, manufacturing, or selling of alcoholic beverages to or by underage persons.

VI. Drugs | Back to top.
The University of Tampa is concerned about illegal and illicit drug use in the University Community. The University of Tampa is committed to a drug policy that promotes personal responsibility. Any exceptions must be approved by The Office of Student Disabilities Services. Students are prohibited from the following:
a. Possessing, consuming, distributing, manufacturing, purchasing, or selling narcotics, controlled substances, illegal or illicit drugs, prescription or non-prescription drugs, or other chemical substances, compounds or combinations when used to induce an altered state except as expressly permitted by Florida and Federal law.
b. Being in constructive possession of narcotics, controlled substances, illegal or illicit drugs, prescription or non-prescription drugs, or other chemical substances, compounds or combinations when used to induce an altered state except as expressly permitted by Florida and Federal law.
c. Causing a disruption to the residential, University, or Tampa community or that is detrimental to one’s health and safety, or the health and safety of others as a result of drug impairment.
d. Operating a motor vehicle on or off University property while impaired by drugs as defined under Florida and Federal law.
e. Hosting a gathering where there is consumption, distribution, possession, manufacturing, or selling of narcotics, controlled substances, illegal or illicit drugs, prescription or non-prescription drugs, or other chemical substances, compounds or combinations when used to induce an altered state except as expressly permitted by Florida and Federal law.

VII. Drug Paraphernalia | Back to top. 
a. Students may not possess, distribute, manufacture, sell or use any items that can be utilized for or are designed for the use of drugs except as expressly permitted by Florida and Federal law. These include but are not limited to bowls, bongs, hookahs, rolling papers, needles, syringes and pipes. In addition, any items that are fashioned for the purpose of drug use will also be considered a violation of this policy.
b. Students may not be in constructive possession of drug paraphernalia or any items that can be utilized for or are designed for the use of drugs.
c. Any exceptions must be approved by The Office of Student Disabilities Services.

VIII. Sexual Misconduct | Back to top. 
The University of Tampa is committed to providing a safe and welcoming environment for all students, faculty, and staff. Sexual misconduct is in direct conflict with The University of Tampa’s stated educational mission. Sexual Misconduct is unwanted conduct of a sexual nature that constitutes sexual harassment, sexual assault, sexual exploitation, relationship violence (including domestic violence and dating violence), stalking, and includes related acts of retaliation. Sexual Misconduct violations are adjudicated under the Sexual Misconduct Procedures that can be found in Appendix II. Violations include:
A. Sexual Harassment is defined as any unwanted conduct of a sexual nature that creates an intimidating, hostile or offensive campus, educational or working environment for another person.
B. Sexual Assault is defined as any attempted or actual sexual contact with another person without that person’s consent. Sexual Assault includes, but is not limited to:
a. Fondling, which includes intentional touching of another person’s intimate parts without that person’s consent.
b. Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent.
c. Rape, which is penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object or (2) the mouth of a person by a sex organ of another person, without that person’s consent.
d. Incest which is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
e. Statutory Rape, which is sexual intercourse with a person who is under the statutory age of consent.
C. Sexual Exploitation is defined as when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. This includes but is not limited to:
a. Prostituting another person;
b. Recording images or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent;
c. Distributing images or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure;
d. Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire.
D. Relationship Violence is defined as a violent or threatening familial or intimate partner relationship that causes one to fear for his/her safety or causes physical or psychological injury, pain, or illness. Relationship violence includes but is not limited to:
a. Dating violence: A violent act committed by a person against another who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of the relationship; and the frequency of interaction between persons involved in the relationship.
b. Domestic violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of jurisdiction, or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of our jurisdiction.
E. Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. Such behavior or activities may include but are not limited to:
a. Unwelcomed communication of any type, including but not limited to face-to-face, telephone calls, voice messages, electronic, written letters or notes, and unwanted gifts;
b. Use of threatening words and/or conduct;
c. Pursuing, following, observing, and/or surveillance.

Consent is defined as informed, voluntary, and mutual agreement to the specific sexual contact evidenced by a clear expression in words or actions. Consent can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

If a person is mentally or physically incapacitated or impaired, whether temporarily or permanently, so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent. This includes impairment or incapacitation due to alcohol or drug consumption, being asleep or unconscious, or any other reason that the individual is physically or mentally unable to communicate consent.

IX. Hazing | Back to top.
The University of Tampa does not tolerate any acts of hazing by any student, organization, or team or any other member of the University community. Hazing is related specifically to pledging, being initiated into, developing an affiliation with, holding office in, or maintaining membership in any organization. Hazing is defined as any activity that humiliates, degrades, abuses or endangers a person, regardless of a person's willingness to participate, or is otherwise prohibited by Florida Statutes § 1006.63. Students are prohibited from the following:
a. Actively participating in any activity related to hazing.
b. Passively participating in or having knowledge of any activity related to hazing

The following is information regarding the Chad Meredith Act as well as the Florida Statute covering hazing:

Chad Meredith Act
The Chad Meredith Act makes dangerous hazing a crime in Florida. The bill, named for a University of Miami freshman who drowned in a campus lake while trying to join a fraternity in 2001, makes hazing that result in serious injury or death a felony punishable by up to five years in prison, even if the victim consents (1006.63 (2)).

Florida Statute on Hazing
In accordance with Section 1006.63 (1)*, Fla. Stat., "Hazing" includes but is not limited to pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student.
Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective. Any activity as described above upon which the initiation or admission into or affiliation with a university organization is directly or indirectly conditioned shall be presumed to be "forced" activity, the willingness of an individual to participate in such activity notwithstanding. Apathy or acquiescence in the presence of hazing is not a neutral act; it is a violation of the Student Code of Conduct.

 X. Weapons and Dangerous Objects | Back to top.
The University of Tampa is committed to providing a safe living and learning environment free from violence, weapons and other dangerous objects. Students are not permitted to carry firearms, weapons or other dangerous objects. The prohibited conduct includes but is not limited to:
a. Possessing, storing, or carrying a firearm on their person or in their personal belongings, within their assigned residence hall space, or in any motor vehicle on any property leased, owned, or operated by The University of Tampa or any other part of the University campus. Please note Concealed Carry Weapons Permits (CCW) must abide by this policy. This policy also prohibits the sale, purchase, discharge, or display of any firearm on the University campus or using University property.
b. Using a weapon or dangerous object for any purpose including invoking fear or intimidation and/or causing bodily harm or injury.

XI. Compliance with Directives | Back to top.
Students are to comply with directives issued by an identified University official. This includes but is not limited to:
a. Complying with directives related to the health and safety of an individual or the university community by a University official, campus safety officer or emergency personnel acting in performance with their official duties.
b. Complying with directives issued in any verbal, written and/or electronic form of official University communications, including all communications coming from the Office of Student Conduct.

XII. Access and Entry | Back to top.
Students are required to remain in areas that allow general admittance. Students are prohibited from access to and entry of unauthorized areas on University property. The prohibited conduct includes but is not limited to:
a. Accessing roofs of University buildings, fire escapes, ledges, minarets, service elevators, balconies, fountains, athletic fields, and other areas that are designated closed.
b. Breaking into or entering an office, residence hall building/room, meeting space, or other University facility without authorization or permission of the rightful occupant.
c. Tampering with, forcing or gaining entry without permission or damaging mailboxes in the University Post Office is prohibited. This may also be cause for arrest and prosecution by the U.S. Postal Service.

XIII. Distributing, Posting and Soliciting | Back to top. 
Students and student organizations are required to abide by all university policies regarding distributing and posting material and soliciting business. The prohibited conduct includes but is not limited to:
a. Distributing and posting material on campus without permission from the appropriate University office.
b. Soliciting business on campus without permission from the appropriate University office.
c. Using a residential campus facility for storage of merchandise or other commercial activity without university approval.

XIV. Guests and Visitors | Back to top.
Students are required to have guests and visitors abide by The University of Tampa policies and guidelines. Students will be held accountable for actions of their guests and visitors. This includes but is not limited to:
a. Ensuring guests/visitors honor all University policies while on the University campus.
b. Registering guests/visitors to enter university residence halls
c. Escorting guests/visitors at all times.

XV. Pets | Back to top.
Students are required to abide by The University of Tampa pet policy and the Residence Life Housing Agreement. Any exceptions must be approved by The Office of Student Disability Services. Students are prohibited from:
a. Possessing, caring for, or hosting pets or other animals on the University campus without prior approval, except for service animals and emotional support animals as permitted by Florida and Federal law. All approved pets must be properly crated or restrained while on the University campus.

XVI. Fire Safety | Back to top.
Students are prohibited from taking any action that would be considered a Fire Safety violation. These prohibited actions include but are not limited to:
a. Unauthorized, negligent, careless or improper handling of or tampering with any fire safety, or emergency equipment or fixtures.
b. Failing to evacuate any building during a fire alarm.

XVII. Campus Living Policies | Back to top.
a. Students are required to uphold all policies specified in the Campus Living Policies. The policies are specific to residential students and their guests.

XVIII. Computer Misuse and Acceptable Use | Back to top. 
a. Students are required to abide by The University of Tampa Informational Technology Acceptable Use Policy.

XIX. Violation of Other Published University Policies | Back to top.
Students are required to abide by all published University policies. These include but are not limited to:
a. University policies published in academic catalogs, on the University website, and in any other University publications or on forms and agreements.

Any questions about the existence, location, or publication of a University policy should be directed to the Office of Student Conduct.

XX. Federal, State, Local Laws and City Ordinances | Back to top. 
Students are prohibited from the following:
Violating federal, state, local laws and/or city ordinances. These violations may be adjudicated through the university disciplinary process when the University is made aware of such violation and when, in the determination of the Office of Student Conduct, that violation reflects poorly on The University of Tampa as an institution or adversely affects the University campus community.

XXI. Other Behaviors Impacting the University Community | Back to top.
The University of Tampa is concerned with all behavior that reflects poorly on the University or has a negative impact on the University community. No list of behaviors can be exhaustive and situations may arise that are not expressly addressed by University policies, but are contrary to the welfare of the University community or are inconsistent with the conduct expected of its community members. With these incidents, interpretation of the students’ behavior will be made by a representative of the University, and appropriate action will be taken. This includes but is not limited to:
a. Behavior that seriously affects the interests of the University or any member of the University community; occurs in close proximity to University premises and is connected with offensive conduct on University premises; occurs at University-sponsored activities off University premises.

XXII. Retaliation | Back to top.
Students are prohibited from retaliation.