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
All Other Inspections
For information regarding the student organization conduct process, please visit www.ut.edu/studentorgs/ and review the Student Organization Conduct Policies and/or Student Organization Handbook.
1. Any member of the University community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the student conduct coordinator, who is responsible for the administration of the student conduct system. Charges must be submitted in a timely manner.
2. The student conduct coordinator may conduct an investigation to determine if the charges have merit. In addition, charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the student conduct coordinator. Such disposition shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the student conduct coordinator may later serve in the same matter as the conduct board or a member thereof. The student conduct 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 in written form. A reasonable time shall be set for a hearing after the incident review meeting (with the exception of summary suspension situations).
4. Any student receiving notice of charges should attend the mandatory incident review session with the student conduct coordinator or designee. For a student charged with a violation of the code of conduct, the incident review is normally a one on one meeting with the incident reviewer at the discretion of the student conduct coordinator. At the incident review meeting:
A. The student will be advised of the hearing procedures.
B. The student may admit responsibility and request the incident reviewer to hear the case; however, the incident reviewer may elect not to do so if she/he deems a sanction only board hearing to be more appropriate. If a student admits responsibility and accepts sanctions assigned, she/he is not eligible for appeal.
C. The student may admit responsibility in a incident review and request sanctions to be assigned by a sanctions only hearing board.
D. The incident reviewer will explain fully the specific conduct article(s) noted and possible sanctions involved in the case.
E. The incident reviewer will counsel the student about what subsequent steps should be taken. The incident reviewer will encourage the student to raise any questions or problems related to the case.
F. The incident reviewer will encourage the student to notify his/her parents/ guardians of possible disciplinary action, especially if the student’s housing or continuance at the University may be in jeopardy.
G. If a student does not attend a incident review session, she/he can be automatically found responsible for all charges, sanctioned appropriately and fined $50.
5. Hearings shall be conducted by a conduct board 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 student conduct coordinator 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 student conduct coordinator, 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 (i.e., student, faculty or staff). The person providing assistance is not permitted to take part in the hearing but may communicate with the person or group he/she has been asked to support.
D. The party bringing charges and the accused shall have the privilege of presenting witnesses, which may be questioned by the conduct board. In addition, accused students who are found responsible for conduct violations may present character witnesses during the sanctioning phase of the hearing in writing.
E. Pertinent records, exhibits and written statements may be accepted as information for consideration by a conduct board at the discretion of the chairperson.
F. All procedural questions are subject to the final decision by the chairperson of the conduct board.
G. After the presentations from all parties, the conduct board shall determine by a simple majority vote whether the student has violated each article of the student code that the student is charged with violating. The conduct board’s determination shall be made on the basis of whether it is more likely than not that the accused student violated the student rights and responsibilities.
H. There shall be a single verbatim record, such as an electronic audio recording, of all hearings before a conduct board. This record shall be the property of the University and should only be available through the appeal process.
I. The conduct board reserves the right to make any inference from students who choose not to answer questions directed to them during the hearing. Inference is defined as drawing a conclusion from a student’s refusal to answer a question.
J. If the conduct board fails to meet quorum, the accused student and the party bringing the charges before the board may agree to continue with the hearing. If both parties agree to continue with the hearing, quorum is considered met. This is subject to the approval of the student conduct coordinator.
K. 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 $50 fine. This is subject to the approval of the student conduct coordinator.
L. A written statement of the conduct board’s decision shall be provided to the accused following the conclusion of the hearing.
Definition of Hearing Boards
- Administrative Board – consistent of three to five current members of faculty and staff. This board can hear cases involving parties who have been summarily suspended from the institution. While classes are in session, this board originally hears any cases referred at the discretion of the student conduct coordinator. This board can also meet as necessary as an appeal committee to hear referred appeal request. This board has the authority to recommend any sanctions up to and including pending termination of residency, termination of residency and pending suspension, and to recommend to the associate dean of students/student conduct coordinator sanctions of suspension or expulsion. All decisions are rendered on the basis of a simple majority.
- Student Conduct Board – consists of enrolled full-time students, minimum cumulative grade-point average of 2.5, may not be an executive board member of the Student Government, Student Productions or be a resident assistant. This board has the authority to recommend any sanctions up to and including pending termination of residency, pending suspension and termination of residency. The student conduct board may recommend suspension or expulsion to the dean of students or designee. All decisions are rendered on the basis of simple majority.
- Appeal Board – can consist of the original board, a new student conduct board or a new administrative board. This board has the authority to uphold the original decision, recommend new sanctions or change the determination of responsibility. All decisions are rendered on the basis of a simple majority.
1. The accused student may appeal a decision reached by the conduct board to the appropriate associate dean’s designee within two (2) school days of delivery of the written decision. Such appeals shall be in writing and shall be delivered to the student conduct coordinator.
2. Except as required to explain the basis of new information, 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 information presented, and in conformity with prescribed procedures.
b. To consider new information, sufficient to alter a decision or other relevant facts not available at the time of the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing.
3. Before any type of appeal is heard, the appropriate associate dean’s designee will review it to determine if the appeal meets the outlined requirements. If the appeal is valid, it will then pass to the selected hearing body as determined by the appropriate associate dean’s designee.
The appropriate associate dean’s designee can hear the case his/herself or pass the appeal to an appellate board.
4. The accusing party also has the right to file an appeal following the outcome of a hearing using the outlined criteria. If the appeal is valid, it will then pass to the suitable hearing body as determined by the appropriate associate dean’s designee.
The appropriate associate dean’s designee can hear the case his/herself or pass the appeal to an appellate board.
5. The appellate body has the authority to uphold the original decision, recommend new sanctions or change the determination of responsibility. All decisions are rendered on the basis of a simple majority.
All appeal decisions 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.
The student is to be notified within one business day of the results of the appeal hearing via phone call or email, and by mail within a reasonable time period.
Modification of procedures for cases that cannot be adjudicated in a fall/spring semester
Any incidents that are reported near the end of the spring semester and are unable to be heard by the traditional hearing body may be referred to summer board. This board will consist of five members of the University community and operate according to the established conduct 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 two days of the start of the following fall semester. The student conduct coordinator has the prerogative to suspend adjudication of any cases to the following fall semester.
The various components of The University of Tampa student conduct 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 in conjunction with the educational mission of the University.
A sanction may be imposed separately or in combination with other sanctions at the recommended discretion of the board of hearing.
Students are cautioned that the breach of any policy, 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 combination 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 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.
All 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 student conduct coordinator. In addition, a student may not run for, hold or receive a key campus elected or appointed office as noted in the Office of Student Leadership and Engagement (OSLE) 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. Through the time of termination, the student will be restricted from entering all residential facilities. 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 OSLE 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 student conduct coordinator. In addition, a student may not run for, hold or receive a key campus elected or appointed office as noted in OLSE 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 student conduct 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 10 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 student conduct coordinator or the hearing board but require approval by the dean of students. Students who are suspended or expelled from the University will receive no refund.
The office of Student Conduct strives to create reasonable and fair sanctions that are consistent with the educational mission of the University. These sanctions will allow the individual to preform a service that will benefit himself/herself as well as the University community. The sanctions are designed to contribute to a student's awareness of his/her responsibilities as a citizen within the academic community. These sanctions may be imposed separately or in conjunction with other sanctions at the discretion of the hearing board and the student conduct coordinator.
These measures may involve compensation, a correlation to the violation and/or particular significance to the person charged.
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 student conduct 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.
Hold
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.
Conduct Fines
A conduct fine will be between $50 and $200 inclusively, depending on the severity and circumstances of the offense.
A $50 fine will be imposed when a student fails to attend a scheduled incident review.
A $50 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 student conduct coordinator.
A $50 fine for contempt may be imposed by the chairperson of the conduct 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
A letter 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. An informational copy of disciplinary action resulting in:
- pending suspension;
- suspension;
- pending termination of residency;
- termination of residency; and
- expulsion.
Workshops
The Office of Student Conduct has designated workshops on various topics relevant student life. 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.
Apprehension of Students | Back to top.
University disciplinary proceedings may be instituted against a student charged with violation of a law that is also a violation of this student rights and responsibilities, (e.g., 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 rights and responsibilities 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.
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 circumstance.
B. If a residence life staff member or other administrative official has reason to believe the allegations or concerns, 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.
C. University staff members will deliver all impounded items, with the exception of household appliances and pets, to Campus Safety immediately upon completing the search. Campus Safety will then send a written report of the findings to the student conduct coordinator. The University staff member will write and /or review the incident report and forward this form to the student conduct coordinator.
*Contraband is defined as any property that is unauthorized and/or illegal under the rules and regulations of the residence halls, University of Tampa regulations and the ordinances of the city of Tampa, the laws of the state of Florida or the laws of the United States.