Student Code of Conduct University Policies

Obligations of Membership in the University Community

The trustees, faculty and administration of The University of Tampa are dedicated to cultivating a community that is committed to honesty, citizenship, inclusion, respect, responsibility and life-long learning.

It is expected that all members of the University community will obey the law, adhere to the Student Code of Conduct and conduct themselves in a manner that is consistent with a community of scholars. In the event that members of the University community fall short of that expectation, fair conduct procedures have been developed to protect the interests of the University and University community. The trustees affirm the ability of the University to protect its interests within the University community. The president of the University or his or her representative has the discretion to suspend or remove any student, registered student organization, visitor, guest or other member of the University community whose presence is believed to be contrary to the best interests of the University community.

Advisor: any person a complainant or respondent/responding party chooses to support them during an investigation of sexual misconduct and relationship violence. 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. The advisor’s schedule may not unreasonably interfere with the outlined sexual misconduct and relationship violence procedures, which includes but is not limited to the scheduling of meetings and interviews. Advisors who do not comply with the stated procedures and policies will not be permitted to serve as an advisor and will not be permitted to be present during meetings and interviews.

Business day: a day in which The University of Tampa is open for normal business including time periods where the University is conducting business in a virtual capacity. This excludes weekends, University observed federal holidays and break periods for which the University is closed.

Coercion: verbal and/or physical actions, which would cause a person to act in an involuntary manner or against their own free will. This can include acts of manipulation, intimidation, unwanted contact, and expressed or implied threats of physical, emotional or other harm.

Complainant: an individual who is reported to have been subjected to sexual misconduct and/or relationship violence, regardless of whether that individual participates in the disclosure or review of that report by the University.

Confidential employee: a staff member of the University that has been designated by the University to withhold any and all information disclosed to them by any student unless the disclosing party specifically requests that a report be filed.

Constructive possession: a student having knowledge of and access to items located in an area.

Consent: is defined as an informed, voluntary and mutual agreement. Consent can be withdrawn at any time, and there is no consent when there is force, expressed or implied, or when coercion, intimidation or duress is used. Consent cannot be given by a person who is incapacitated.

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.

Force: the use or threat of physical violence.

Guest: any person who is not affiliated with The University of Tampa but invited to the The University of Tampa by a member of the University community.

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 for the purposes of, but not limited to, initiation or admission into or affiliation with any organization, regardless of intent or consent of the participants.

Hearing Board Advisor: any person assigned by the Office of Student Conduct to chair and administer processes related to a hearing board.

Incapacitation: the mental or physical inability to make informed judgments and/or provide consent that could be temporary or permanent. The determination of whether a person is incapacitated is objectively based on what a reasonable person exercising good judgement should have and/or would have known about the condition of the incapacitated party.

Incident reviewer: any person assigned by the Office of Student Conduct to review and process alleged student misconduct violations.

Investigator: an appropriately trained or experienced individual, who at a minimum, received annual training on a multitude of issues, including issues related to dating violence, domestic violence, gender discrimination, hazing, sexual assault and stalking in addition to training on the  Sexual Misconduct and Relationship Violence Policy and/or registered student organization investigation processes that protects the safety of the victims and promotes accountability.

Possession: 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 information, it is more likely than not that the policy was violated.

Prohibited: banned from participation.

Registered Student Organization (RSO): an organization that has completed the formal registration process and has been recognized through the Office of Student Leadership and Engagement and The University of Tampa.

Reporting party: an individual who reports alleged misconduct to the University.

Respondent or responding party: a University student or Registered Student Organization who is alleged to have engaged in misconduct.

Responsible employee: All employees of the University (including staff, faculty and University officials) that are not considered confidential employees and certain student workers are considered responsible employees. Not all students who receive compensation from the University are responsible employees. In order for a student worker to be a responsible employee, they must have the authority to take action to redress sexual misconduct or relationship violence; they must have been given the duty of reporting incidents of sexual misconduct or relationship violence or any other misconduct by students; or they must be an individual a student could reasonably believe has this authority. In addition, the disclosure must be made to the student in their capacity as a student worker. All responsible employees (staff, faculty and student staff who meet the definition above) are obligated to report all given information of sexual misconduct and relationship violence to the Title IX coordinator or deputy Title IX coordinator.

Retaliation: an intentional act or threat of action toward another because they reported a violation of policy and/or because of their participation in the student conduct and/or sexual misconduct and relationship violence processes.

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

Student: a person who is or has attended the University.  A person is considered to be “in attendance” on the first day of classes or the date in which a student takes occupancy in a University residence, whichever is earlier. Persons who are not officially enrolled and who have not graduated from the University but have had a relationship with the University as a student within the previous two (2) academic semesters are also considered a “student.” Additionally, “student” also includes those individuals who satisfied this definition at the time of the alleged violation.

University: The University of Tampa

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

University community: any place or person with whom The University of Tampa has a vested interest.

University of Tampa campus: 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: any current student, faculty or staff member of the University chosen by a respondent to provide support during student misconduct hearings excluding Sexual Misconduct and Relationship Violence Policy 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 to provide assistance or advice to the student they are supporting. University support persons are not provided to registered student organizations. Additionally, in sexual misconduct and relationship violence matters, the complainant and the respondent are entitled to have an “advisor” of their choice as explained above.

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

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

Witness: any person, other than the complainant or respondent/responding party, who has information or knowledge regarding an incident and who participates in a student conduct hearing, registered student organization investigation or sexual misconduct and relationship violence investigation.

The following University policies apply to students, guests of students while on the UT campus, and registered student organizations (as defined above) on and off campus. Hosts of guests are responsible for the actions of their guests. 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's Mail Services.

A. Distributing, manufacturing or selling alcoholic beverages on The University of Tampa campus or any University owned, controlled, operated or leased property.

A. Failing to adhere to policies listed within the Campus Living Policies.  This includes but is not limited to compliance with the Spartan Shield Health and Safety Plan.

A. Failing to comply 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 accordance with their official duties.

B. Failing to comply with directives issued by any University official in any verbal, written and/or electronic form, including all communications from the Office of Student Conduct.

A. Failing to adhere to policies listed within the Computer Misuse and Acceptable Use policy.

A. Distributing and posting material on campus without University permission.

B. Soliciting business on campus without University permission.

C. Using a residential campus facility for storage of merchandise or other commercial activity without University permission.

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 federal and Florida 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 federal and Florida law.

C. Causing a disruption as a result of drug impairment to the residential, University, or Tampa community or that is detrimental to one’s health and safety, or the health and safety of others.

D. Operating a motor vehicle while impaired by drugs as defined under federal and Florida 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 federal and Florida law.

Please note The University of Tampa is required to comply with all federal, state and local drug laws. This includes compliance with the Drug Free Schools and Communities Act, which requires the prohibition of the unlawful possession, use, or distribution of illegal or illicit drugs by employees and students.

A. Possessing, distributing, manufacturing, selling or using any item that has been utilized for consumption of drugs or is designed for the use of drugs except as expressly permitted by federal and Florida law. These include but are not limited to bowls, bongs, needles, syringes and pipes.

B. Fashioning items for the purpose of drug usage.

C. Being in constructive possession of drug paraphernalia or any item that can be utilized for or is designed for drug usage.

A. Violating federal, state, local laws and city ordinances.

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.

C. Tampering with any fire safety signs and/or instructions.

D. Hanging, adhering or affixing any item to any fire equipment or ceiling, including sprinkler systems.

A. Participating in hazing.

B. Having knowledge of any activity related to hazing.

A. Failing to produce a Spartan identification card upon request.

B. Possessing a fake identification or other fraudulent forms of identification.

C. Distributing manufactured fraudulent identification and/or Spartan cards.

D. Misusing University identification cards including the lending of identification cards to others.  This includes possessing a university identification or other governmental identification that belongs to others. 

A. Falsifying or being party to the falsification, of any official University record or document including University parking passes.

B. Providing false information to or withholding information from any University official, faculty member, staff member or office.

C. Conducting financial transactions unlawfully.

D. Deliberately and purposefully reporting a false complaint or accusation to a University official.

A. Possessing, caring for, or hosting pets or other animals on The University of Tampa campus, which include all University buildings, residence halls, athletic facilities, and shared or common area spaces.

Please note students may qualify for an exception as noted in the Service, Assistance and Emotional Support Animal Policy.

A. Intentionally or recklessly causing physical harm or endangering the health or safety of other persons. The Office of Student Conduct and/or designee will make determinaitons regarding whether or not physical harm or endangerment was justifiable or constitutes a policy violation based on the information provided.

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, including electronic communications.

E. Intimidating or injuring other persons because that person is actually or perceived to be a member of one of the protected classes defined in the University nondiscrimination notice.

F. Harassment based on any protected class stated within the University nondiscrimination notice.

G. Acting in a manner that invades the privacy of others.  This includes recording, distributing, or viewing images, documents, recordings or audio of another person without consent.

H. Attempting to interfere or intimidate a University community member with regard to a student conduct matter.

I. Retaliation as defined above.

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, sidewalks, hallways and balconies. Any exceptions must be approved by The Office of Student Disabilities Services.

D. Possession of electric scooters. This includes but is not limited to riding scooters on campus property, sidewalks, and in University buildings. Any exceptions must be approved by The Office of Student Disabilities Services.

E. Littering on University property.

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 academic course through the distruption of learning, 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.

C. Defecating and/or urinating in areas not expressly intended for that purpose.

D. Being indecently exposed in shared or public spaces.

E. Creating an emergency situation that impedes the mission, operations or proper functioning of the University.

This policy addresses prohibited behavior that does not meet the defined prohibited conduct under the University Title IX Sexual Harassment Policy (Title IX Policy). All complaints of behavior that are determined to meet the prohibited conduct under the Title IX policy will be addressed within the Title IX Policy Grievance Procedures. The Title IX policy prohibits actions of sexual misconduct and relationship violence that occur on-campus and acts of sexual misconduct and relationship violence that are associated with educational programs and activities within the University. The determination of the applicable policy regarding the alleged conduct will be made by the Title IX coordinator or designee. If the Title IX coordinator or designee determines that the behavior described in a complaint is not covered by the Title IX policy, the below policy with its definitions and prohibited behaviors will be applied:

A. Sexual Harassment, which is any unwelcome sexual advance, request for sexual favors, or unwanted conduct of a sexual nature, whether verbal or non-verbal. Sexual Harassment may include quid pro quo harassment or harassment that creates a hostile environment.

B. Nonconsensual Sexual Contact, which includes any intentional sexual touching of the breasts, buttock, groin, or genitals, for the purpose of sexual gratification, however slight, whether clothed or unclothed, with any object or body part by a person against another person that is without consent. This includes but is not limited to:

1. Fondling, which includes intentional touching of the breasts, buttock, groin or genitals of another without that person’s consent.

2. Coercing, forcing or attempting to coerce or force a person to touch the breasts, buttock, groin or genitals without that person’s consent.

C. Nonconsensual Sexual Intercourse, which includes any sexual intercourse without consent. This includes 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. Intimate Partner Violence, which is defined as a violent or threatening familial or intimate partner relationship that causes one to fear for their safety or causes physical or psychological injury, pain or illness. Intimate partner violence includes but is not limited to:

1. 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.

2. 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, which 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:

1. 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;

2. Use of threatening words and/or conduct;

3. Pursuing, following, observing, and/or surveillance.

Incapacitation is defined as the mental or physical inability to make informed judgments and/or provide consent that could be temporary or permanent. The determination of whether a person is incapacitated is objectively based on what a reasonable person exercising good judgement should have and/or would have known about the condition of the incapacitated party. This includes incapacitation due to alcohol or drug consumption, illness, being asleep or unconscious, or any other reason that the individual is physically or mentally unable to form or communicate consent.

Consent is defined as an informed, voluntary and mutual agreement. Consent can be withdrawn at any time, and there is no consent when there is force, expressed or implied, or when coercion, intimidation or duress is used. Consent cannot be given by a person who is incapacitated.

Complaints of Sexual Misconduct and Relationship Violence are adjudicated under the Sexual Misconduct and Relationship Violence Procedures.

A. Failing to abide by all published University policies. These include but are not limited to, University policies published in academic catalogs, on the University website, and in any other University publications or on forms and agreements.

A. Possessing, storing or carrying a firearm, which includes projectile firing devices, pellet guns and air rifles, or weapons, which include ammunition, switchblades and knives with blades over 5 inches. This includes the sale, purchase, discharge or display of any firearm or weapon on the University campus or using University property.

B. Possessing or storing explosives, including fireworks and pyrotechnic devices.

C. Possessing or storing biological or chemical materials, such as tear gas, hazardous materials or chemicals such as gasoline, butane, lighter fluid or other flammable liquids, or any other items that may pose a danger to the University community.

D. Using, discharging, brandishing or displaying a firearm, weapon or dangerous object for any purpose including invoking fear or intimidation and/or causing bodily harm or injury.

Please note persons with a Concealed Carry Weapons Permit (CCW) must abide by this policy.

A. Engaging in behavior that violates the University Spartan Shield Health and Safety Plan. This includes but is not limited to violating isolation and/or quarantine restrictions, maintaining appropriate physical/social distancing in public, and the required use of facial coverings in public when physical/social distancing cannot be achieved.

B. Engaging in behavior that violates the residential student housing agreement addendum, including but not limited to hosting non-UT community members as guests in the residence halls.

C. Engaging in behavior that violates city, county and/or state executive orders specifically related to the public health emergency in the state of Florida due to the spread of COVID-19.

A. Engaging in behavior that 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. With these incidents, interpretation of the behavior will be made by the Office of Student Conduct.

Any questions about the application or interpretation of the Student Code of Conduct should be directed to the Office of Student Conduct. The Office of Student Conduct has the sole authority and discretion to interpret and apply the Student Code of Conduct as deemed appropriate.

Student Conduct Procedures - Individual Student(s)

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 determination 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 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.

5. 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:

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 determination on the appropriate sanction(s). All determinations 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 determination on the appropriate sanction(s). All determinations 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 determinations are based on a simple majority vote of the board members.

I. Appeal of Hearing Board Determination

1. If the responding student is determined responsible by a hearing board, the responding student may file an appeal of the determination 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 determination by the hearing board regarding responsibility of the assigned violation(s).

b. To consider new information, sufficient to alter a determination by the hearing board regarding responsibility of the assigned violation(s), 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 determinations based on its limited review:

a. Affirm the determination of the original hearing board.

b. Modify the determination of the original hearing board.

c. Modify imposed sanctions.

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

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

J. Disciplinary Sanctions

1. When a respondent student is determined responsible for misconduct, the Office of Student Conduct will confirm assigned sanctions by the incident reviewer 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 meeting 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 University 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)

C. Interim Actions

1. The Office of Student Conduct or designee may impose interim actions prior to, or during an incident review meeting, 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 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 or designee shall have the sole authority to make a final determination 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.

The following procedures are utilized to adjudicate sexual misconduct and relationship violence compliants (XVIII. Sexual Misconduct and Relationship Violence) listed under University Policies but not covered under the Title IX Policy. This section does not include the procedures used in individual student misconduct which is addressed in Student Conduct Procedures - Individual Student(s).  Additionally, this section does not address behavior related to registered student organizations which is addressed in Student Conduct Procedures - Registered Student Organization(s).

A. Complaints of Sexual Misconduct and Relationship Violence:

1. Anyone may report complaints in writing of sexual misconduct and relationship violence directly to the Office of Student Conduct or online at https://www.ut.edu/incidentreport. 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 Student Conduct 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 sexual misconduct and relationship violence is found to have merit, an investigation will be commenced to determine if the conduct 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 conduct that was not known to the Office of Student Conduct at the time of the initial preliminary inquiry.

B. Interim Actions

1. The Office of Student Conduct may impose interim actions prior to a sexual misconduct and relationship violence investigation. Interim actions will be imposed in the following circumstances:
   1. To ensure the safety and well-being of members of the University community or preservation of University property;
   2. To ensure a student’s and or registered student organization’s own physical or emotional safety and well-being;
   3. To ensure the integrity of the investigative and/or student conduct process;
   4. If a student poses a threat of disruption of or interference with the normal operations of The University; or
   5. 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.
2. The Office of Student Conduct shall have the sole authority within its discretion to make a final determination on the appropriate interim action, and it may select any action from all 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 in compliance with the normal due process requirements and upon consideration of the circumstances. Students who have an interim suspension can request a review within two (2) business days of the effective date of the interim suspension, unless circumstances warrant an extension.  The Associate Dean of Student Conduct, Orientation, and Residence Life and/or designee will conduct a review of any submitted material by the student who has been interim suspended and, within five (5) business days after receipt of the materials, render a determination that the interim suspension is supported, modified, or revoked. Interim suspension reviews are not automatic and must be requested in writing by the student by the deadline listed in the interim suspension letter. Registered Student Organizations do not have the right to have an interim suspension reviewed.  
   
   For more information on Interim Actions please refer to Interim Actions and Sanctioning.

C.  Notification of Sexual Misconduct and Relationship Violence Investigation

1. The Director of Student Conduct, or designee, will notify the Complainant party of the alleged sexual misconduct and/or relationship violence policy violation. A meeting will be scheduled with the Director of Student Conduct or designee and the Complainant party. The Complainant party will be notified at least one (1) business day prior to the scheduled meeting. The Complainant party may bring an advisor to this meeting. The Complainant party may submit a written complaint detailing the allegation of sexual misconduct and relationship violence at the conclusion of this meeting. 
2. The Director of Student Conduct, or designee, will notify the responding student of the alleged sexual misconduct and/or relationship violence policy violation. A meeting will be scheduled with the Director of Student Conduct or designee and the responding student. The responding student will be notified at least one (1) business day prior to the scheduled meeting. The responding student may bring an advisor to this meeting. At this meeting, the responding student will be able to review the written complaint of sexual misconduct and relationship violence if provided by the Complainant party and any other relevant information surrounding the allegation.
3. The Director of Student Conduct or designee will assign the investigator(s) who will investigate the allegations of sexual misconduct and/or relationship violence. Upon the assignment of investigators to the sexual misconduct and relationship violence complaint, the Office of Student Conduct will strive to complete its investigation in a timely manner. If the Office of Student Conduct is unable to complete the investigation within a timely manner the Director of Student Conduct or designee, will provide an update to the Complainant and Respondent(s) detailing the reasons for the delay.

D. Investigation of Sexual Misconduct and Relationship Violence

1. Investigations will consist of a thorough fact-finding investigation. Throughout the process, the Complainant and Respondent(s) may have an advisor present for all required meetings with investigators. 
2. University Investigators will conduct interviews with appropriate parties that can provide information regarding the alleged violation of the sexual misconduct and relationship violence policy. After initial meetings with the Complainant and Respondent, investigators will provide each party an opportunity to review their own individual statements made to investigators during their individual meetings.  The Complainant and Respondent parties will have two (2) business days from receipt of their initial meeting summary to submit comments on their individualized statements.  These statements will not be eligible for editing after the release of the preliminary report.

E. Investigation Report

1. The Investigator(s) will prepare a preliminary written report at the conclusion of their initial fact-finding and then a final written report at the conclusion of their investigation. The Complainant(s) and Respondent(s) may review the investigator’s preliminary report.  The preliminary report will contain all information deemed relevant by investigators during their investigation without the investigator’s summary of findings including statements from relevant witnesses. The Complainant(s) and Respondent(s) will be scheduled for a meeting with the Director of Student Conduct or designee to facilitate the review of the preliminary report. A Complainant or Respondent must submit any comments including any additional questions for any parties interviewed within two (2) business days after reviewing the preliminary report.
2. Following the receipt of any comments submitted, or after the two (2) business day period has lapsed without comment, the Investigator(s) will address any relevant questions parties may have, and identify factual inaccuracies or misunderstandings at their discretion and complete a final written report. The Investigators will provide a final report that includes a determination regarding whether a sexual misconduct and relationship violence policy violation occurred.  Investigator(s) will use the preponderance of evidence obtained in the investigation to make their determination.  This final report will be submitted to the Office of Student Conduct.  The Complainant(s) and Respondent(s) will be scheduled for a meeting with the Director of Student Conduct or designee to facilitate review of the final report.

G. Notification of Determination of Policy Violation and Sanctioning of Sexual Misconduct and Relationship Violence Violations

1. The University of Tampa will notify the Complainant and Respondent(s) of the determination of the policy violations and sanctions (if applicable) simultaneously. In instances where the Respondent(s) are determined responsible for sexual misconduct and relationship violence, the University will initiate a sanctioning process.

For information regarding sanctions please refer to Interim Actions and Sanctioning.

H. Appeal of Determination of Policy Violation

1. Either party (Complainant or Respondent) may appeal the determination of responsibility by the investigator(s). Parties may file an appeal to the Vice President of Student Affairs and Dean of Students within two (2) business days of notification of the determination to their University e-mail account. A party may only seek an appeal within these specific guidelines.
   1. 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 determination of the violation(s) of the case.
   2. To consider new information, sufficient to alter a determination of violation(s), that was not available at the time of the original investigation, because information and/or facts could not have been known 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 determinations based on their limited review:
   1. Deny the appeal based on failure to meet established appeal criteria.
   2. Accept the appeal and affirm the determination of the original investigator(s).
   3. Accept the appeal and refer the case for a re-investigation by a new investigator(s) due to a procedural error during the investigation process. 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.
3. All appeal determinations are final.  Students will be notified within ten (10) business days of the appeal determination via their University e-mail account

Statement of Purpose

1. The University of Tampa considers the safety and personal well-being of the student body a priority. The University recognizes that there may be alcohol, drug-related, hazing and sexual misconduct and relationship violence emergencies in which the potential for disciplinary action could act as a barrier to students who want to seek assistance for themselves or others. The Amnesty and Bystander Intervention Policy is designed to enable students and their guests to seek assistance for emergencies by reducing the possible barrier of disciplinary consequences.

Jurisdiction

1. The University of Tampa Amnesty and Bystander Intervention Policy applies to both on campus and off-campus incidents.

Statement of Policy

1. When a student or other individual seeks assistance for themselves or another person experiencing an alcohol, drug-related, hazing and sexual misconduct and relationship violence emergency by contacting emergency services, such as the Residence Life staff, Campus Safety or Tampa Police Department, the student(s) in need of medical attention and the individual(s) reporting the emergency will not be subject to disciplinary action for the following violations in the Student Code of Conduct:

a. Alcohol;

b. Drugs;

c. Drug Paraphernalia.

2. However, in all incidents involving an alcohol or other drug-related emergency, the Office of Student Conduct may pursue disciplinary action related to other alleged violations of the Student Code of Conduct.

Determination of Medical Amnesty and Bystander Status

1. All information related to the incident will be documented by the responding University official(s) in a report and forwarded to the Office of Student Conduct. The Office of Student Conduct will review the report and determine the appropriate application of amnesty and any other action to be taken in accordance with the Student Code of Conduct.

Requirement of Medical Amnesty and Bystander Status

1. Any student who is granted Amnesty or Bystander status as a result of an alcohol or other drug-related emergency will be required to:

a. Attend a follow-up meeting with the Dickey Health and Wellness Center for an Alcohol and Other Drug assessment where the student’s behavior will be discussed in addition to possible referrals to other campus resources; and

b. Complete additional measures determined at the sole discretion of the Office of Student Conduct to better support the individual student and the overall community when the student has experienced alcohol and other drug-related emergencies.

2. In addition, students granted Amnesty or Bystander status could be charged with a violation of “Compliance with Directives” under the Student Code of Conduct if the student does not complete their assessment requirements or additional measures.

A. Determination of Interim Actions

1. The Office of Student Conduct or designee may impose interim actions prior to, or during an incident review meeting, 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 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 shall have the sole authority within its discretion to make a final determination on the appropriate interim action, and it may select any action from all 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 in compliance with the normal due process requirements and upon consideration of the circumstances.  Students who have an interim suspension can request a review within two (2) business days of the effective date of the interim suspension, unless circumstances warrant an extension.  The Associate Dean of Student Conduct, Orientation, and Residence Life and/or designee will conduct a review of any submitted material by the student who has been interim suspended and, within five (5) business days after receipt of the materials, render a determination that the interim suspension is supported, modified, or revoked.  Interim suspension reviews are not automatic and must be requested in writing by the student by the deadline listed in the interim suspension letter. Registered Student Organizations do not have the right to have an interim suspension reviewed. 

B. Interim Actions

Interim actions may include, but are not limited to:

1. Interim Suspension- the director of Student Conduct or designee may, after a sufficient level of inquiry to determine its appropriateness impose an interim suspension of a student or registered student organization prior to the beginning of or during the formal student conduct process. Students who have been interim suspended may not reside in a residence hall and/or attend classes at The University until the interim suspension has been removed. Registered Student Organizations who have been interim suspended will terminate all existing programs, meetings and other forms of social activities until the interim suspension has been removed.

2. Interim No Contact Order- the director of Student Conduct or designee may impose an interim no contact order between students and/or registered student organizations and any other member of the University community.

3. Interim No-Trespass Order- the director of Student Conduct, director of Campus Safety, or designee may impose an interim no-trespass order which may limit access for students and registered student organizations to a specific area or place including but not limited to residence halls, academic buildings and University events.

4. Interim Student Employment Removal- the director of Student Conduct or designee may impose a temporary removal of student employment.

5. Interim Residence Hall Restrictions- the director of Student Conduct or designee, may impose on students and registered student organizations a Residence Hall Suspension, Housing Room Reassignment or other relevant residence hall restrictions.

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

7. Interim Registered Student Organization Off-Campus Restrictions- the director of Student Conduct or designee may give limitations and/or restrictions to a registered student organization regarding any official or unofficial off-campus activity for the duration or any part thereof of the Registered Student Organization Conduct process.

C. Sanctioning

1. The University of Tampa has an educational philosophy regarding sanctioning for responding students and registered student organizations. Sanctions are assigned based on the severity of the misconduct.

2. Students and/or registered student organizations will receive a standard disciplinary sanction if determined responsible for misconduct as set forth in the Student Code of Conduct. Additional sanctions may be imposed in conjunction with a standard disciplinary sanction.

3. For students, except for violations of sexual misconduct and relationship violence, the Office of Student Conduct shall have the sole authority to make a final determination on the appropriate sanction based on the conduct at issue.

4. For students and/or registered student organizations responsible for sexual misconduct and/or relationship violence or registered student organizations responsible for any other misconduct, the associate dean of students or designee shall have the sole authority to make a final determination on the appropriate sanction based on the conduct at issue.

D. Standard Disciplinary Sanctions

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

2. Disciplinary Probation, which is a notice to a student or registered student organization 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 or registered student organization 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 or registered student organization’s status with The University of Tampa.

3. Deferred Suspension, which is an increased disciplinary probation status for a student or registered student organization that does not include suspension. During this period, any further violations of policy may result in suspension.

4. Suspension*, which is the termination of registration as a student or registered student organization at the University beginning on a specific date and for a specified time not to exceed four (4) years. For a registered student organization, this action will immediately terminate all existing programs, meetings, and other forms of organizational events and activities for the period of suspension. At the discretion of the University, other sanction requirements may be imposed in order to receive clearance to reapply to The University of Tampa.

5. Expulsion*, which is the permanent separation of a student or registered student organization from the University without the opportunity for reinstatement.

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

E. Additional Disciplinary Sanctions

1. BASICS Feedback Alcohol and Other Drug Assessment, which 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.

2. Campus Service, which is a sanction that provides a University of Tampa affiliated office or program assistance for a determined amount of hours. Students must seek approval from the Office of Student Conduct before beginning campus service hours. Registered student organizations must seek approval from the associate dean of students or designee before beginning campus service hours.

3. Community Service, which is a sanction that provides The University of Tampa campus community assistance for a determined amount of hours. These hours must be completed off-campus with an entity unaffiliated with the University. Students must seek approval from the Office of Student Conduct before beginning community service hours. Registered student organizations must seek approval from the associate dean of Students or designee before beginning community service hours.

4. Deferred Termination of Residency, which is a residentially specific sanction that does not include termination of residential privileges at The University of Tampa. During this period, any further violations of policy may result in the termination of residency.

5. Discretionary Sanctions, which are sanctions that include but are not limited to:

a. Letter of Apology

b. Research/Reflection Paper

c. Program Presentations

d. Behavioral Contracts

e. Alcohol and Other Drug Education

6. Housing Room Reassignment, which is a sanction that requires the immediate relocation of the student’s housing assignment.

7. Involuntary Course Withdrawal, which is a sanction that requires the removal of a student from a particular registered course. If deemed the appropriate sanction by the University, course withdrawal will occur immediately. Students who are involuntarily removed from a registered course will not receive credit for the course and will not receive any refund for courses for which they have been removed.

8. Parental Notification, which is a sanction specifically for alcohol and drug related misconduct that includes 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. These notification are sent in compliance with FERPA and will be mailed to the student address provided to the University. Notifications will only be sent following a determination of responsibility.

9. Prevention Fee, which is a sanction associated with the cost of preventative programming related to alcohol and drug policy violations. These fees range from $100-$400 depending on the circumstances related to the severity of the incident.

10. Registration Hold, which is a sanction placed directly onto a student’s University account prohibiting registration for classes or changes to an academic schedule.

11. Restitution, which is a sanction that 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 or registered student organization’s actions or negligence.

12. Registered Student Organization On-Campus Restrictions, which is limitations and/or restrictions to a registered student organization regarding any official or unofficial on-campus activity which includes social activities.

13. Registered Student Organization Off-Campus Restrictions, which is limitations and/or restrictions to a registered student organization regarding any official or unofficial off-campus activity which includes social activities.

14. Restriction/Revocation of Privileges, which is a sanction that includes the restriction or removal of one or more of the student’s privileges for a specified period of time.

15. Termination of Residency, which is a sanction that requires the removal of a student from University housing beginning on 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.