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Student Conduct Procedures

Student Conduct Procedures - Individual Student(s)

Student Conduct Procedures - Registered Student Organization(s)

Student Conduct Procedures - Sexual Misconduct 


Student Conduct Procedures - Individual Student(s)  

These procedures apply to student misconduct, including violations of the Student Code of Conduct, except for Sexual Misconduct and Relationship Violence (part XVIII), which is addressed in Student Conduct Procedures - Sexual Misconduct, and misconduct by registered student organizations, which is addressed in Student Conduct Procedures - Registered Student Organization(s).

A. Complaints of Student Misconduct

1. Anyone may report a complaint of student misconduct in writing directly to the Office of Student Conduct or online at https://ut-advocate.symplicity.com/public_report. Complaints of misconduct will be reviewed by the director of Student Conduct, or designee, who is responsible for the administration of the Student Conduct process.

2. The director of Student Conduct, or designee, may conduct a preliminary inquiry to determine if the complaint of misconduct has merit.  If the alleged complaint of misconduct is found to have merit, the alleged complaint will be assigned University violations and will be forwarded to an incident reviewer and the responding student will have an incident review scheduled.  

B. Interim Actions

1. The Office of Student Conduct and/or Title IX coordinator or designee may impose interim actions prior to, or during an incident review, hearing board meeting, registered student organization investigation, and/or sexual misconduct and relationship violence investigation. Interim actions will be imposed in the following circumstances:

a. To ensure the safety and well-being of members of the University community or preservation of University property;

b. To ensure a student’s and or registered student organization’s own physical or emotional safety and well-being;

c. To ensure the integrity of the investigative and/or student conduct process;

d. If a student or registered student organization poses a threat of disruption of or interference with the normal operations of the University; or

e. Any other circumstances where the Office of Student Conduct and/or Title IX coordinator or designee determines, in its sole discretion, the interim actions to be in the best interest of the University or its community.

2. The Office of Student Conduct and/or Title IX coordinator or designee shall have the sole authority to make a final decision on the appropriate interim action, and it may select any action from all of the available actions that it finds appropriate under the circumstances at issue. Whenever an interim action is imposed, the Office of Student Conduct will convene the formal student conduct process as soon as possible pending the normal due process requirements and upon consideration of the circumstances. 

C. Notification of Incident Review

1. Students will be notified at least one business day prior to their scheduled incident review via their University email account. In this notification, students will be advised of the incident review procedures, date of alleged misconduct, the allegations of misconduct and the meeting date with the Office of Student Conduct.

D. Incident Review Meeting Student Rights

Responding students have the right to:

1. Be notified in writing via their University email account regarding the alleged misconduct and student conduct procedures at least one business day prior to the incident review meeting.

2. Review any incident report(s) submitted to the Office of Student Conduct during the incident review meeting. Students may request a redacted copy of any reports at the conclusion of the incident review meeting.

3. Present information on their own behalf at the incident review meeting. 

4. Accept responsibility at an incident review meeting. If a responding student accepts responsibility they will waive any procedural appeal rights upon accepting responsibility at an incident review meeting.

5. Deny responsibility and request a hearing to determine responsibility for the alleged violations. The appropriate board will be determined by the Director of Student Conduct or designee.

6. Be notified in writing within 10 business days via their University email account of the outcome of the incident review meeting unless the determination of sanctions has been deferred to obtain additional information.

E. Incident Review Meeting

1. The incident review meeting is a private one-on-one meeting with the incident reviewer and the responding student. Parents and University support persons will not be permitted in this meeting.

2. The incident reviewer will explain the alleged misconduct to the responding student.

3. The incident reviewer will conduct an interview with the responding student and the responding student may accept responsibility for the misconduct. The incident reviewer, at their sole discretion, may assign appropriate sanctions at this time or may defer the imposition of sanctions to consider additional information. Upon approval of the Office of Student Conduct, the incident reviewer’s decision as to sanctions are final. However, at the sole discretion of the Office of Student Conduct, the responding student can be referred directly to a hearing board for adjudication regardless if the student has accepted responsibility for the misconduct. 

4. The responding student may also deny responsibility during the interview and request a hearing board. The appropriate board will be determined by the director of Student Conduct or designee.

5. The incident reviewer may recommend the allegations of misconduct be dismissed by the Office of Student Conduct. The Office of Student Conduct reserves the right to reassign any dismissed violations if new information becomes known regarding the alleged misconduct that was not known to the incident reviewer or the Office of Student Conduct at the time of the initial incident review.

6. If a responding student fails to attend their scheduled incident review meeting, their case will be referred to the appropriate hearing board at the sole discretion of the director of Student Conduct or designee.

F. Hearing Board Student Rights

Responding students have the right to: 

1. Be notified in writing via their University email account about the alleged misconduct and hearing procedures at least one business day prior to the hearing board meeting.

2. Review any incident report(s) submitted to the Office of Student Conduct during the incident review meeting. 

3. Have an individual hearing board. 

4. Present information on their own behalf at a hearing board. This includes presenting any combination of three witnesses or written witness statements. These witnesses or witness statements must have direct knowledge of the incident that is being reviewed by the hearing board. In addition, students may choose not to provide any information on their behalf. The hearing board reserves the right to make an inference from students who choose not to answer questions or provide information.

5. Question anyone providing information to the hearing board. Questions will be directed to the hearing board advisor. The hearing board advisor will have the final determination on the appropriateness of the question.

6. Request the removal of hearing board members based on bias or other conflict of interest. The hearing board advisor will have the final determination on removal of the hearing board member.

7. Be assisted by one University support person as defined in the definitions section of the Student Code of Conduct. Students cannot be assisted by an attorney during the hearing board process.

8. Be notified in writing via their University email the outcome of the hearing board meeting within 10 business days after the hearing board has concluded its hearing.

9. Appeal the hearing board decision within two business days from receiving the notification of outcome containing the hearing board’s decision to their University email account. 

10. Schedule a post-hearing meeting with the Office of Student Conduct to discuss the decision of the hearing board.

G. Hearing Board Meeting

1. At the sole discretion of the director of Student Conduct, or designee, the hearing board may be an administrative conduct board or a student conduct board. 

2. Hearing board meetings are closed to the public. Admission to any person to the hearing shall be at the sole discretion of the hearing board advisor. Hearing boards may not be disrupted by any party. The hearing board advisor has the right to remove any disruptive individual including responding students. The hearing will continue in the absence of the disrupting party.

3. Hearing board meetings will have a minimum of three voting members to establish quorum.

4. Hearing board meetings will have a sole official verbatim record. The record is property of The University of Tampa.

5. Hearing boards will review information submitted to the Office of Student Conduct, the responding student(s) and witness(es) if applicable. 

6. Hearing board advisors, at their sole discretion, may choose to postpone or suspend a hearing to gather additional information.

7. Hearing board members may question parties providing information during the hearing.

8. Hearing boards reserve the right to hear and decide a case in absentia of the responding and/or reporting parties or any other witnesses.  Hearing board advisors may postpone the hearing at their sole discretion. 

9. Hearing boards determine responsibility for the responding student related to the allegations of misconduct. Hearing boards use the “preponderance of information” standard in determining responsibility. 

10. All procedural questions are resolved by a final decision of the hearing board advisor.

11. The Office of Student Conduct reserves the right to reassign any dismissed allegations if new information becomes known regarding the alleged misconduct that was not known to the hearing board or the Office of Student Conduct at the time of the original hearing.   

H. Types of Hearing Boards

1. Student Conduct Boards are comprised of at least three full-time students with a minimum grade-point average of 2.8 and the director of Student Conduct or designee who serves as a non-voting hearing board advisor. The director of Student Conduct or designee shall select and ensure that all board members are properly trained. The Student Conduct Board will determine the responsibility of the responding student(s) and if found responsible will make sanction recommendations to the Office of Student Conduct. The Office of Student Conduct shall have the sole authority to make a final decision on the appropriate sanction(s). All decisions of responsibility are based on a simple majority vote of the board members.

2. Administrative Conduct Boards are comprised of at least three faculty and/or staff members at The University of Tampa and the director of Student Conduct or designee who serves as a non-voting hearing board advisor. The director of Student Conduct or designee shall select the board members and ensure that all board members are properly trained. The Administrative Conduct Board will determine the responsibility of the responding student(s) and if found responsible will make sanction recommendations to the Office of Student Conduct. The Office of Student Conduct shall have the sole authority to make a final decision on the appropriate sanction(s). All decisions of responsibility are based on a simple majority vote of the board members.

3. Appellate Hearing Boards are comprised of at least three faculty and/or staff members at The University of Tampa. The director of Student Conduct or designee shall select the board members and ensure that all board members are properly trained. The review of the board is limited as set forth in the Appeals section of this policy. All decisions are based on a simple majority vote of the board members.

I. Appeals of Hearing Board Decision

1. If the responding student is found responsible by a hearing board, the responding student may file an appeal of decision of responsibility to the Office of Student Conduct within two business days of receiving the notification of outcome to their University email account. Appeals shall be limited to a review of the verbatim record of the hearing and supporting documents submitted with the appeal for one or more of the following purposes.

a. To determine whether the original hearing was conducted in conformity with prescribed procedures. If a procedural error occurred, it needs to be sufficient to alter the decision of the case.

b. To consider new information, sufficient to alter a decision, that was not available at the time of the original hearing, because information and/or facts could not have been known to the responding student at the time of the initial hearing.

2. The Office of Student Conduct, in its sole discretion, will determine if the appeal is eligible for review. If the appeal is eligible for review, it will be referred to the appropriate appellate hearing board/appellate hearing officer.

3. The appellate hearing board/appellate hearing officer has the authority to render the following decisions based on its limited review:

a. Affirm the decision of the original board.

b. Modify the decision of the original hearing board.

c. Modify recommended sanctions.

d. Refer the case for a re-hearing by the original hearing board or a new hearing board.

4. All appeal decisions are final. Students will be notified within 10 business days of the appeal decision via their University email account. 

J. Disciplinary Sanctions

1. When a respondent student is found responsible for misconduct, the Office of Student Conduct will confirm assigned sanctions by the incident review and hearing board to ensure the appropriateness of the sanction(s) for the violation of misconduct. All sanctions are progressive, educational and assigned based upon the severity of the misconduct and prior student conduct history if applicable.

K. End of Semester and Summer Incidents

1. Acknowledging the fact that incidents occur at/or right before the closure of a semester, the Office of Student Conduct reserves the right, in its sole discretion, to move forward with cases during or after final exams have concluded. In addition, the Office of Student Conduct reserves the right, in its sole discretion, to suspend a case until the beginning of the next semester that the responding student is enrolled. The following procedures may be applied.

a. Students may be asked to appear for an Incident Review or Hearing Board meeting during a scheduled finals exam week. 

b. Students living more than 50 miles away from campus and/or not enrolled during the current term may be asked to participate in the conduct process via tele-communication using video and/or audio technology.

c. All graduating students who have been notified of an incident that occurred before the commencement ceremony must complete the conduct process and sanctions required in order to have their degree conferred.

d. The University of Tampa reserves the right to withhold a degree in the event that there is a pending conduct process or incomplete sanction.

L. Holds and Incomplete Sanctions

1. In the circumstance that the student has unsuccessfully completed their sanction(s), the following measures are applicable:

a. A registration hold will be placed on the student’s account; and

b. The student may be referred to the Office of Student Conduct for non-compliance with official University directives. 


Student Conduct Procedures – Registered Student Organization(s) 

These procedures apply to registered student organization misconduct, including all violations of the Student Code of Conduct, except for sexual misconduct and relationship violence, which is addressed in Student Conduct Procedures - Sexual Misconduct. This section does not include the procedures used in individual student misconduct which is addressed in Student Conduct Procedures – Individual Student(s).   

Please note if a registered student organization is alleged to have violated the sexual misconduct and relationship violence policy they will be adjudicated under the Sexual Misconduct and Relationship Violence Investigative Procedures.

A. Complaints of Registered Student Organization Misconduct

1. Anyone may report complaints in writing of student organization misconduct directly to the Office of Student Conduct or online at https://ut-advocate.symplicity.com/public_report. Complaints may also be filed on behalf of The University by the Office of Student Conduct. Complaints of misconduct will be reviewed by the director of Student Conduct, or designee, who is responsible for the administration of the Registered Student Organization process.   

2. The director of Student Conduct, or designee, may conduct a preliminary inquiry to determine if the complaint has merit. If the complaint of misconduct is found to have merit, an investigation will be commenced to determine if the misconduct has violated University policy. The Office of Student Conduct reserves the right to reopen a preliminary inquiry in the event new information becomes known regarding the alleged misconduct that was not known to the Office of Student Conduct at the time of the initial preliminary inquiry.

B. Notification of Investigation of Registered Student Organization Misconduct

1. The director of Student Conduct, or designee, will notify the responding student organization of the alleged misconduct. A meeting will be scheduled with the director of Student Conduct or designee and the responding student organization’s president or representative. The responding student organization’s president or representative will be notified one business day prior to the scheduled meeting. 

2. The responding student organizations’ president or representative is required to attend a meeting with the director of Student Conduct or designee, who is free of any conflict of interest or bias, to review the student organizational conduct process. At this meeting, the president or representative will be given notice of the complaint of misconduct. The director of Student Conduct or designee will select the investigator who will investigate the allegations of misconduct.

C. Interim Actions

1. The Office of Student Conduct and/or Title IX coordinator or designee may impose interim actions prior to, or during an incident review, hearing board meeting, registered student organization investigation, and/or sexual misconduct and relationship violence investigation. Interim actions will be imposed in the following circumstances:

a. To ensure the safety and well-being of members of the University community or preservation of University property;

b. To ensure a student’s and or registered student organization’s own physical or emotional safety and well-being;

c. To ensure the integrity of the investigative and/or student conduct process;

d. If a student or registered student organization poses a threat of disruption of or interference with the normal operations of the University; or

e. Any other circumstances where the Office of Student Conduct and/or Title IX coordinator or designee determines, in its sole discretion, the interim actions to be in the best interest of the University or its community.

2. The Office of Student Conduct and/or Title IX coordinator or designee shall have the sole authority to make a final decision on the appropriate interim action, and it may select any action from all of the available actions that it finds appropriate under the circumstances at issue. Whenever an interim action is imposed, the Office of Student Conduct will convene the formal student conduct process as soon as possible pending the normal due process requirements and upon consideration of the circumstances. 

D. Investigation of Registered Student Organization Misconduct

1. The University will respond to all complaints of organizational misconduct that are found to have merit in a prompt, fair and impartial way, which includes a thorough fact-finding investigation. The responding organization may choose not to provide information on its behalf during the investigation. However, the investigator may make inferences from participants, including the responding organization or any of its members, who choose not provide information.

E. Investigation Report

1. The investigator(s) will prepare a written report at the conclusion of an investigation. Investigator(s) will first consider if a reasonable observer would have associated this complaint of misconduct with the organization and then use the preponderance of the information standard to determine if misconduct occurred.  

F. Notification of Outcome and Sanctioning of Registered Student Organization Misconduct

1. The Office of Student Conduct will notify at a minimum the president or representative of the responding student organization and the Office of Student Leadership and Engagement of the outcome of the investigation and sanctions (if applicable). If the investigative report is deemed inconclusive no sanctioning process will be initiated. 

G. Appeal of Decision

1. If the responding student organization is found responsible for misconduct, the president or representative may file an appeal with the Office of Student Conduct within two business days from receiving the notification of outcome and sanctioning to their University email account. Appeals shall be limited to a review of the investigator’s report and the supporting documents submitted with the appeal for one of the following purposes.

a. To determine whether the original investigation was conducted in conformity with prescribed procedures. If a procedural error occurred, it needs to be sufficient to alter the decision of the case.

b. To consider new information, sufficient to alter a decision, that was not available at the time of the original investigation, because information and/or facts could not have been known to the respondent organization at the time of the investigation. 

2. The vice president of Student Affairs and dean of students or designee, in their sole discretion, will determine if the appeal is eligible for review by meeting the criteria outlined above. The vice president and dean of students or designee has the authority to render the following decisions based on their limited review:

a. Deny the appeal based on failure to meet established appeal criteria.

b. Affirm the decision of the original investigator(s).

c. Accept the appeal and refer the case for a re-investigation by a new investigator(s). The new investigator(s) will receive all statements given by any parties that were interviewed. This information will be provided to the new investigator(s) by the director of Student Conduct or designee. The new investigator(s) will not receive any conclusions or outcome from the original report. 

3. All appeal decisions are final. The registered student organization’s president or designee and the Office of Student Leadership and Engagement will be notified of the decision within 10 business days of the appeal decision.