Browser warning

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 XIX), which is addressed in Appendix III, and misconduct by registered student organizations, which is addressed in Appendix II. For additional 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.

A flow chart of these procedures is contained in Appendix VI.

Violations of Policy

Any member of the University community may report incidents of student misconduct in writing directly to the Office of Student Conduct. In addition University community members may report incidents of misconduct online at https://ut-advocate.symplicity.com/public_report. Reports of misconduct will be reviewed by the director of Student Conduct, or designee, who is responsible for the administration of the Student Conduct process. The director of Student Conduct, or designee, may conduct a preliminary investigation to determine if the allegations of misconduct have merit. If the allegations of misconduct are found to have merit, the alleged violations will be assigned to an incident reviewer and the responding student will have an incident review scheduled. Any appropriate violations of misconduct will be included in the meeting notification. If the allegations do not have merit, the Office of Student Conduct may choose not to file violations of misconduct against a student and no notification may be sent to the student. 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 Office of Student Conduct at the time of the initial incident review. 

Notification of Incident Review

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

Incident Review Student Rights

Responding students have the right to:

  • Be informed in writing via their Spartan email account about the alleged misconduct and incident review procedures at least one (1) business day prior to the incident review meeting. 
  • Review the electronic/written incident report(s) submitted to the Office of Student Conduct. 
  • Present information on their own behalf at their incident review meeting. This includes not providing any information on their behalf. 
  • Be informed in writing within 10 business days via their Spartan email account of the outcome of the incident review meeting unless the determination of sanctions has been deferred to obtain additional information. 

Students who have accepted responsibility at an incident review meeting are not eligible to appeal.

Incident Review Meeting

The incident review meeting is a private one-on-one meeting with the incident reviewer and the responding student.

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

The incident reviewer will conduct an interview with the responding student and the responding student may accept responsibility for the misconduct. 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. The incident reviewer, at his/her 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 is final. 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. 

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.

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

Hearing Board Student Rights

Responding students have the right to:

  • Be informed in writing via their Spartan email account about the alleged misconduct and hearing procedures at least one (1) business day prior to the hearing board meeting. 
  • Review the electronic/written incident report(s) submitted to the Office of Student Conduct. 
  • Have an individual hearing board. If more than one (1) responding party is involved in the incident, students can waive their right to an individual hearing if there is mutual consent from all parties. 
  • Present information on their own behalf at a hearing board. This includes presenting any combination of three (3) witnesses or written witness statements. 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. 
  • 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. 
  • 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. 
  • Be assisted by one (1) member of The University of Tampa community. This person must be a current student, faculty or staff member. The person assisting the responding student is not permitted to take part in the hearing but may communicate only with the responding party he/she been asked to support. Students cannot be assisted by an attorney during the hearing board process. 
  • Be informed in writing via their Spartan email the outcome of the hearing board meeting within 10 business days after the hearing board has concluded its hearing. 
  • Appeal the hearing board decision within two (2) business days from the delivery of the email notice containing the hearing board’s decision. Delivery is complete upon sending the email. 
  • Schedule a post-hearing meeting with the Office of Student Conduct to discuss the decision of the hearing board. 

Hearing Board Meeting

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.

Hearing board meetings are closed to the public. Admission to any person to the hearing shall be at the sole discretion and final decision of the hearing board advisor.

Hearing board meetings must have a minimum of (3) three voting members to establish quorum.

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

Hearing boards will request and review information submitted to the Office of Student Conduct and from the responding student(s) if applicable. Hearing board advisors, at their sole discretion, may choose to postpone or suspend a hearing to gather additional information. 

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

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.

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

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.

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

Progressive Disciplinary Sanctions

All sanctions are progressive, educational and assigned based upon the severity of the policy violation(s). Additional sanctions may be imposed in conjunction with a progressive disciplinary sanction. The Office of Student Conduct shall have the sole authority to make a final decision on the appropriate sanction based on the conduct at issue, and it is not required to impose a lesser sanction for a first violation. At all times, the Office of Student Conduct has the sole right and discretion to select the appropriate sanction based on the conduct at issue. Progressive disciplinary sanctions include:

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

Disciplinary Probation is a notice to the student that their actions are of a serious nature within The University of Tampa community. Probation shall be for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found in violation of any University policies during the probationary period. Any violation committed during the probationary period will result in a review of the student's status with The University of Tampa.

Deferred Suspension is an increased disciplinary probation status that does not include suspension. During this period, any further violations of policy may result in a recommendation for suspension. The student may also be ineligible for co-curricular activities. 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 (2) years. 

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

* Students who are suspended or expelled from the University will receive no refund. 

Additional Disciplinary Sanctions

BASICS Feedback Alcohol and Other Drug Assessment is a program designed to assess the behavior of students related to alcohol and other drugs.  Students are required to complete the program and all recommendations of treatment made by the Wellness Center.

Campus Service provides a service for a University of Tampa affiliated office or program for a determined amount of hours.  Student must seek approval from the Office of Student Conduct before beginning campus service hours.

Community Service provides a service for The University of Tampa campus community for a determined amount of hours.  These hours must be completed off-campus and are different than campus service hours. The intention is to have students give back to the off-campus community. Students must seek approval from the Office of Student Conduct before beginning community service hours.

Conduct Fines are imposed when a student fails to attend a scheduled hearing without making any prior effort to contact the Office of Student Conduct.

Deferred Termination of Residency is the residence-hall probationary status that does not include termination of residential privileges at The University of Tampa. During this period, any further violations of policy may result in a recommendation for termination of residency. This status will also restrict a student from study abroad opportunities and may also impact other co-curricular activities.

Discretionary Sanctions include but are not limited to:

Letter of Apology

Research/Reflection Paper

Program Presentations

Holds are placed on student accounts and will prohibit students from registering for classes or changing an academic schedule.

Housing Room Reassignment is notice that the behavior merits the immediately relocation of the student’s housing assignment.

Parental Notification is a letter sent to the parent or guardian of a student who is either under 18 years of age or financially dependent on their parent or guardian.  Parents will be notified of alcohol and other drug incidents for students under 21 years of age, regardless of financial dependency.  Notification will be mailed to the student’s address listed in SpartanWeb.  Notification will only be sent following a decision of responsibility.

Prevention Fees are associated with the cost of preventative programming related to alcoholic beverages and drug policy violations.  These fees range from $100-$200 dollars depending on the circumstances relating to the severity of the incident.

Restitution is a written directive to replace, repair or make specific compensation for property of The University of Tampa that was damaged, destroyed or misused as a result of a student’s actions or negligence.

Restriction/Revocation of Privileges is the restriction or removal of one or more of the student’s privileges for a specified period of time.

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 specific period of time, the student will be prohibited from entering all residential facilities. Students who are removed from University housing for disciplinary reasons will receive no refund. The student may also be ineligible for co-curricular activities. This status will also restrict a student from study abroad opportunities.

 

Interim Actions

The Office of Student Conduct may impose interim actions prior to or during an incident review or hearing board meeting. Interim actions will be imposed in the following circumstances:

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

To ensure the student’s own physical or emotional safety and well-being;

If the student poses a threat of disruption of or interference with the normal operations of the University;

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

Any other circumstances where the Office of Student Conduct determines, in its sole discretion, the interim actions to be in the best interest of the University or its community.

The Office of Student Conduct 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. There is no right to appeal this decision.

Interim actions may include, but are not limited to:

Interim Suspension — The director of Student Conduct or designee may impose an interim suspension of a student prior to the beginning of or during the formal student conduct process. In this case, the student may not reside in a residence hall and/or attend classes at the University until the interim suspension has been removed. This action may also include an interim no-trespass order.

Interim No Contact Order — The director of Student Conduct or designee may impose an interim no contact order between students and any other member of the University community.

Interim No-Trespass Order — The director of Student Conduct, Campus Safety, and/or the director of Residential Communities or designee may impose an interim no-trespass order which may limit a student’s access to a specific area or place including but not limited to buildings, events and the University.

Interim Student Employment Removal — The director of Student Conduct, the student’s department supervisor or designee may impose a temporary removal of student employment.

Residence Hall Restrictions — The director of Student Conduct, director of Residential Communities or designee may impose a Residence Hall Suspension, Housing Room Reassignment or other restrictions prior to the beginning of or during the formal student conduct process.  

Whenever an interim action is imposed, the Office of Student Conduct will convene the formal student conduct process as soon as practicable pending the normal due process requirements and upon consideration of the circumstances. Interim actions will be no longer applicable after the conclusion of the formal student conduct process.

 

Appeals

If the respondent is found responsible, the respondent may file an appeal of the hearing board written decision to the Office of Student Conduct within two (2) business days of delivery of the decision to his/her Spartan 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.

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.

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 or reporting student(s) at the time of the initial hearing.

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

The appellate hearing board/appellate hearing officer will review appeals based on a review of the verbatim record of the original hearing and any supporting documents provided with the appeal. This review shall be limited to the two purposes identified above in paragraph a. The decision shall be rendered by a simple majority vote of the appellate board members or at the sole authority of the appellate hearing officer.

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

Affirm the decision of the original board.

Modify a decision of the original hearing board.

Modify recommended sanctions.

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

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


End of Semester and Summer Incidents

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:

Students may or may not be asked to appear for an Incident Review or Hearing Board meeting during a scheduled finals exam week. Students living more than 50 miles away from campus and not enrolled during the current term may be asked to participate in the conduct process via tele-communication using video and/or audio technology. The Office of Student Conduct reserves the right to assign a Hearing Board to hear the case if the student denies responsibility for a given incident. 

All graduating students who have been notified of an incident before the commencement ceremony must complete the conduct process and sanctions required, if any. The University of Tampa reserves the right to withhold a degree in the event that there is a pending conduct process or incomplete sanction. 

Holds and Incomplete University Sanctions

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

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

    The student may be assigned additional or alternative sanction(s) that must be completed before the hold is lifted.



Student Conduct Procedures - Registered Student Organization(s) 

Violations of Policy

Any member of the University community may report incidents in writing of student organization misconduct directly to the Office of Student Conduct. In addition, University community members may report incidents of misconduct online at https://ut-advocate.symplicity.com/public_report. Violations may also be filed on behalf of the University by the Office of Student Conduct. Reports of misconduct will be reviewed by the director of Student Conduct, or designee, who is responsible for the administration of the Student Conduct process. The University encourages all individuals who have experienced or witnessed behavior they believe violates the Student Code of Conduct and/or the Registered Student Organization policy to report the matter so that it may be addressed by the University. Retaliation against any person in the University community for alleging organizational misconduct or for cooperating or participating in the investigation process is strictly prohibited. Any concerns about retaliation should be directed to the Office of Student Conduct. Acts of retaliation will be adjudicated under the appropriate student conduct policy- Respect of Persons. 

The director of Student Conduct, or designee, may conduct a preliminary investigation to determine if the allegations have merit. If the allegations of misconduct are found to have merit, an investigation will be commenced to determine if the misconduct has occurred. If the allegations do not have merit, the Office of Student Conduct may choose not to file violations of misconduct or otherwise proceed against the student organization and no notification may be sent to the organization. The Office of Student Conduct reserves the right to reassign any such violation or allegation if new information becomes known regarding the alleged misconduct that was not known to the Office of Student Conduct at the time of the initial review of the incident.

Notification of Investigation

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

The respondent organization is required to attend a meeting with director of Student Conduct or designee, who is free of any conflict of interest or bias, to review the all rights and responsibilities within the Registered Organizational Misconduct Process. At this meeting, the organization will be given notice of an investigation into the alleged misconduct. The director of Student Conduct or designee will select the investigator who will investigate the allegations of misconduct. 

Interim Actions

The Office of Student Conduct also may impose interim actions to ensure the safety and well-being of all parties, the safety and well-being of the broader University community and/or preservation of University property, to avoid any threat of interference or disruption with normal operations of the University, to ensure the integrity of the investigative and/or resolution process, and/or due to any other circumstance where the Office of Student Conduct determines, in its sole discretion, the interim actions to be in the best interest of the University or its community.

Interim actions are kept in place throughout the investigation of a complaint, review and appeal process. The Office of Student Conduct 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. There is no right to appeal this decision.

Interim actions may include but are not limited to:

On-Campus Restrictions — The director of Student Conduct or designee may give limitations and/or restrictions to an organization regarding any official or unofficial on-campus activity for the duration or any part thereof of the Registered Student Organization Conduct process. 

Off-Campus Restrictions — The director of Student Conduct or designee may give additional limitations and/or restrictions to an organization regarding any official or unofficial off-campus activity for the duration or any part thereof of the Registered Student Organization Conduct process.

Interim Suspension — The director of Student Conduct or designee may suspend an organization for the duration or any part thereof of the Registered Student Organization Conduct process. This will terminate all existing programs, meetings, and other forms of social activities until further notice.

Interim No Contact Order — The director of Student Conduct or designee may impose an interim no contact order between the student organization and any other member of the University community.

Interim No-Trespass Order — The director of Student Conduct, Campus Safety, and/or the director of Residential Communities or designee may impose an interim no-trespass order which may limit a student organization’s access to a specific area or place including, but not limited to, buildings, events or the University.

Investigation

Investigations will consist of a thorough fact-finding investigation, which includes, at the sole discretion of the investigator, meeting separately with the complainant(s) (if participating), respondent organization (if participating), reporter (if applicable) and pertinent witnesses (if participating), and reviewing other relevant information.

The organization may choose not to provide information on its behalf. The investigator may make an inference from participants, including the organization or any of its members, who choose not to answer questions or provide information. The participants cannot be assisted by an attorney during the conduct process. 

Investigation Report

The investigator will prepare a written report at the conclusion of an investigation. The investigator’s final written report will generally contain:

A summary of the investigation;

The complainant and respondent statements;

A summary of witness statements;

A summary of material facts; and

A conclusion and finding, based on the preponderance of evidence, regarding the allegations of misconduct, including whether the Registered Student Organization Policy or any other University policy has been violated.

The organization will be informed of the investigator’s finding in writing to their Spartan email account within 10 business days of the date of this report.

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 investigator or the Office of Student Conduct at the time of the investigation.

Standard of Proof

The investigator’s finding will be made using the preponderance of the evidence standard. This standard requires that, upon consideration of all of the evidence, it is more likely than not that the misconduct was committed. Under this standard, organizations are presumed not to have engaged in misconduct unless a preponderance of the evidence supports a finding that organizational misconduct occurred. 

Outcome and Sanctioning

If the responding student organization is found responsible for organizational misconduct, then the associate dean of students or designee, who is free of any conflict of interest or bias, will determine the appropriate sanction(s). Progressive disciplinary sanctions apply to all student organizations. All sanctions are progressive, educational and assigned based upon the severity of the misconduct. Additional disciplinary sanctions may be imposed in conjunction with or as an alternative to a progressive disciplinary sanction. The associate dean of students or designee shall have the sole authority to make a final decision on the appropriate sanction based on the conduct at issue, and it is not required to impose a lesser sanction for a first violation. There is no right to appeal the decision of sanctioning. Progressive disciplinary sanctions and additional disciplinary sanctions can be reviewed in Appendix V: Sanctions. If the investigative report is deemed inconclusive, no sanctioning process will be initiated. 

Appeals

If the responding student organization is found responsible, the responding student organization may file an appeal of the investigator’s finding to the Office of Student Conduct within two (2) business days of delivery of the report to its Spartan 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.

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.

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 complainant or respondent organization at the time of the investigation.

The Office of Student Conduct, in its sole discretion, will determine if the appeal is eligible for review by meeting the criteria outlined above. If the appeal is eligible for review, it will be referred to the dean of students or designee.

The dean of students, or designee, will review appeals based on a review of the investigator’s final report and any supporting documents provided within the appeal. This review shall be limited to the two purposes identified above in paragraph A.

The dean of students, or designee, has the authority to render the following decisions based on his/her limited review:

Affirm the decision of the original investigator(s).

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 findings from the original report.

All appeal decisions are final. The registered student organization will be notified of the decision within 10 business days of the appeal decision.

 

A flow chart of these procedures is contained in Appendix VII.