The term “administrative hearing” refers to a disciplinary hearing wherein a respondent meets individually with a Hearing Administrator who reviews the reported charges against the student and all other relevant information to determine whether a respondent is “responsible” or “not responsible” for the alleged violation(s) and to address any appropriate outcome(s).
The term “advisor” refers to a person chosen by the respondent, alleged victim, or a witness to assist them throughout the disciplinary process. An individual may only have one advisor at a time. The term “advisor” includes an advocate or legal representative. An advisor may directly participate in all aspects of the proceeding, including the presentation of relevant information and questioning of witnesses, but may not testify.
Any advisor serves at the requestor’s own expense and initiative. A person may not serve in this capacity if their service would unreasonably conflict with the fair administration of the disciplinary process, as determined by the University Conduct Officer, or designee. The advisor may not serve in any other role, including as a witness, an investigator, decider of fact, hearing officer, member of a committee or panel convened to hear or decide the charge, or appeal authority.
Except in Sexual Misconduct cases, the University is not responsible for providing an advisor for anyone navigating the disciplinary process. It is the individual’s responsibility to make appropriate arrangements for their advisor to attend meetings, which will not be delayed due to scheduling conflicts of the chosen advisor.
The term “agreed resolution” refers to a conduct resolution where a respondent elects to resolve outstanding violation(s) with a Hearing Administrator in lieu of a disciplinary hearing by accepting responsibility for the alleged violation(s) and the meeting focuses on determining an appropriate sanction(s), if any.
The term “alleged victim” refers to any person who reportedly experienced a material loss, harm or injury, either physically, mentally or emotionally. When OSAR becomes aware of reported misconduct, the alleged victim shall be informed of available resources on campus, referral services, and their rights throughout the conduct process.
The term “appeal authority” refers to any person or people authorized to determine the outcome of an appeal. No person may hear or decide an appeal if they conducted or participated in the disciplinary proceeding being reviewed on appeal.
The term “bystander” refers to a person who is present at an event or incident but is not directly involved in the alleged violation.
The term “charge” refers to the written notice given to a student that contains the alleged violation(s) of the Student Code of Conduct which the student will be required to answer.
The term “class days” refers to the days when either classes or final exams are officially scheduled by the University, with the exception of Saturdays, Sundays, and legal holidays. A class day is not determined by a student’s individual class schedule. For example, Monday through Friday is 5 class days, even if a student only attends classes on Tuesday and Thursday.
The term “coercion” is defined in the University Sexual Misconduct (Title IX) Regulation (1.0050R) and is incorporated by reference within the Student Code of Conduct.
Complainant and/or Reporting Party
The terms “Complainant” and “Reporting Party” refer to the party bringing the complaint, which could be an employee, a student, or guest of the University. In some cases, the individual reporting misconduct may not be the reported victim, such as when a faculty member reports an issue. When the individual making the report is not an alleged victim, they are referred to as a “Reporting Party.” When the individual making the report is an alleged victim, they are referred to as the “Complainant.” The University may also act as a Complainant or Reporting Party, but it is always the convener of every action under this Code.
The term “consent” is defined in the University Sexual Misconduct and Title IX Sexual Harassment Regulation (1.0050R) and is incorporated by reference within the Student Code of Conduct.
The term “disciplinary hold” refers to a restrictive hold placed on a student’s University record by the Provost/Designee to ensure compliance with sanctions, or pending the resolution of conduct matters to the extent permitted by law. Disciplinary Holds may restrict a student from registering for or withdrawing from classes, requesting their transcript, and/or receiving their diploma, degree, or certificate. When terms and conditions of sanctions have been satisfied and/or pending conduct matters have been resolved, the hold may be removed.
The term “disciplinary hearing” refers to the hearing at which participants may present the relevant evidence for and against a student’s responsibility for alleged Conduct violations. The University’s decision-maker uses information obtained during this disciplinary hearing to reach a determination of “responsible” or “not responsible.” It does not include other meetings with OSAR, such as the Pre-Disciplinary Hearing Review.
The term “guest” refers to any person interacting with the University who is not affiliated with the University. Students and/or non-student residents may be held responsible for the actions of their guests.
The term “hazardous chemicals” refers to any chemical which is a physical hazard or health hazard, as defined by the Occupational Safety and Health Administration (OSHA).
The term “hearing administrator” refers to any individual assigned to hear conduct cases by the Provost/designee. A Hearing Administrator may also serve as a facilitator during panel hearings.
The term “hearing body” refers to any person or persons authorized by the Provost/Designee to conduct hearings to determine whether to recommend that a student has or has not violated the Student Code of Conduct.
Immediate Suspension Panel Appeal Hearing
The term “immediate suspension panel appeal hearing” refers to a panel consisting of at least 50% student representation from the student conduct board convened to hear an appeal of a student’s Immediate Suspension by the Provost/Designee.
The term “incapacity” is defined in the University Sexual Misconduct and Title IX Sexual Harassment Regulation (1.0050R) and is incorporated by reference within the Student Code of Conduct.
The term “investigator” refers to any person(s) authorized by the Provost/Designee who may, among other things, investigate reported violations of misconduct, present findings to OSAR and/or present the findings of their investigation to the Hearing Body.
A “lecture” or “class lecture” is defined as a formal or methodical oral presentation as part of a University course intended to present information or teach enrolled students about a particular subject. Class lectures may be presented in person, via videoconferencing platforms such as Microsoft Teams or Zoom, via pre-recorded materials hosted in Canvas, via a video-hosting platform such as YouTube, or any other means of providing the lecture.
The following are not considered to be part of a “class lecture”: Class activities other than class lectures, including but not limited to lab sessions, student presentations (whether individually or part of a group), class discussion (except when incidental to and incorporated within a class lecture), facilitated discussions such as in a seminar, clinical presentations such as patient history, academic exercises involving student participation, test, or examination administrations, field trips, and conversations between students in the class or between a student and the faculty member.
The term “non-student resident” refers to an individual who resides in UNF Housing pursuant to a housing arrangement but is not a student as defined in this Code. Such individuals will not be subject to the procedures set forth in the Student Code of Conduct but instead will be required to comply with the procedures adopted by University Housing for addressing violations of its resident requirements.
The term “on-campus” refers to all land, buildings, facilities, and other properties (including equipment and vehicles) in possession of or owned, used or controlled by the University, including adjacent streets, sidewalks, and parking lots.
The term “panel hearing” refers to a disciplinary hearing authorized by the Provost/Designee where individuals drawn from the student conduct board will review charges and information presented and determine whether to recommend to the Provost/Designee that a student is “responsible” or “not responsible” for the charge(s) and any sanction(s).
The term “policy” refers to any adopted policy of the University as found on the Official UNF Website http://www.unf.edu/president/policies_regulations/.
Pre-Disciplinary Hearing Review
The term “Pre-Disciplinary Hearing Review” refers to the initial meeting between a Respondent and the University’s Hearing Administrator where the student is advised of the charges against them as stated in the Charge Letter, and where the student will be advised of their rights in the student conduct process including their rights at a subsequent Administrative or Panel Hearing.
The term “publish” refers to any action to share, transmit, circulate, distribute, or otherwise provide access to a recording, regardless of format or medium, to another person, or persons, including but not limited to another student in the class. Additionally, a recording, or transcript of the recording, is published if it is posted on or uploaded to, in whole or in part, any media platform, including but not limited social media, book, magazine, newspaper, leaflet, picket signs, or any mode of print.
The term “regulation” refers to the adopted regulations of the University as found on the Official UNF Website. http://www.unf.edu/president/policies_regulations/.
The term “respondent” refers to a student who has been named in the conduct referral process who allegedly committed a violation and/or formally charged by OSAR.
The term “responsible” means that the information presented at any hearing shows that it is more likely than not that the student committed the alleged violation(s).
The term “sanction” refers to the University’s educational response to address student behavior where a student has been found responsible for a violation of the Student Code of Conduct.
The term “sexual misconduct” is defined in the University Sexual Misconduct and Title IX Sexual Harassment Regulation (1.0050R) and is incorporated by reference within the Student Code of Conduct.
For purposes of the Student Code of Conduct, the term “student” refers to any person who is currently admitted to UNF, enrolled in any credit or non-credit bearing course or program at UNF, maintains student status based on the Continuous Enrollment Policy, or is otherwise participating in UNF coursework (including auditing classes, On-Campus Transition Program, English Language Program, Learning for a Lifetime Program, and similar programs). Individuals enrolled in Continuing Education courses through UNF are specifically excluded from this definition of “Student” and conduct matters involving such individuals will be handled by a separate process within the Division of Continuing Education.
UNF defines continuous enrollment as being enrolled in classes at UNF without a break of three or more consecutive semesters.
Without limiting the generality of the definition above, by way of illustration, the Student Code of Conduct would apply to an individual enrolled in the spring and fall semesters who engages in misconduct during the intervening summer semester on or off campus. It also applies to first-time enrollees who engage in misconduct between the point of admission and official matriculation into the university. Furthermore, it applies to individuals who have been enrolled in classes and continue to be associated with the University because they have not completed the course or program requirements in which they were enrolled, even if they are not currently enrolled and are simply maintaining student status under the Continuous Enrollment Policy. In cases of dual enrollment, jurisdiction over a Student’s conduct will be determined in consultation with appropriate officials at the Student’s other institution.
For the purpose of this Regulation, the term “Student” is interchangeable with “Student Organization” when the term “Student Organization” is not directly specified.
Student Conduct Board
The term “Student Conduct Board” refers to active students, faculty, and staff who successfully complete annual training in student conduct regulations and procedures and are eligible to be chosen to serve in a panel hearing.
The term “student organization” refers to an association or group of individuals that (1) have complied with the formal requirements for University recognition or are in the formal process of obtaining recognition; or (2) are operating as a de facto student organization but have not gone through the appropriate approval processes.
The term “university community” refers to any person who is a student; faculty and/or staff member; University official; any other person employed or contracted with the University; any other individual interacting with the University; or a guest of the University.
The term “university official” refers to any person authorized by the University to perform assigned teaching, research, administrative, professional and/or other responsibilities. University Police also fall under this definition.