Frequently Asked Questions by Attorneys & Advisors

Q: I have been asked to represent a student facing student conduct review. How do I establish this with the University?

A: Students are expected to represent themselves in all student conduct matters, whether or not the student is also facing other proceedings related to the same conduct. Students may have an advisor present during all student conduct proceedings, but the advisor is restricted from any participation in the proceedings. This advisor may be an attorney or a friend or another person. In addition, the Office of Student Conduct will correspond at all times directly with the student, and not through any third party.

UCF Golden Rule Student Handbook Section 2J: "The student may have an advisor of the student's choice present at the hearing. The Director of OSRR shall maintain a list of impartial advisors and resources available to the student for preparing his/her defense. The advisor shall assist the student in the disciplinary process but shall not speak for or present the case on behalf of the student."

Q: My client is charged with a crime off-campus. Can I get the proceedings delayed until the criminal matter is resolved?

A: The student conduct process at the University of Central Florida is not attempting to determine whether or not a student has violated the law; the University is trying to determine whether or not a student violated University rules and regulations. As such, the goals and the means of the criminal justice process and the student conduct process are dissimilar. No delays are given to students to accommodate their interests in the criminal process.

Q: Isn't the student conduct process double-jeopardy for someone also facing criminal charges?

A: No. "Double-jeopardy" is a concept that applies solely to criminal proceedings. Criminal proceedings do not in any way offer exemptions from civil or administrative proceedings.

Q: Why isn't my client being afforded the same protections that he or she would receive in the criminal process?

A: The student disciplinary system is not judging criminal guilt, but rather whether a student has violated campus rules. The courts have long recognized the differing interests of the University community from that of the criminal justice process. Although there are basic concepts of fairness that apply to student disciplinary proceedings, the student disciplinary system serves administrative and educational functions relating to the mission of the University of Central Florida. Many of the intricate rules and processes found in a court system are not necessary for the campus. The process at UCF is less complex than the court system.

Q: The incident took place off campus. What interest does the University have?

A: UCF Golden Rule Student Handbook, Section 2B: " The UCF Rules of Conduct shall apply to all undergraduate students, graduate students, students pursuing professional studies, and student organizations of the university, including those attending its regional campuses and off campus instructional sites, and shall be deemed a part of the terms and conditions of admission and enrollment of all students. These rules apply to all students for conduct that occurs on university premises which includes all land, buildings, facilities, and other properties in the possession of or owned, used or controlled by the university."

"These rules also apply for all off-campus conduct when alleged violation(s) of the UCF Rules of Conduct are committed, regardless of location. The university reserves the right to pursue any violation of conduct when that conduct adversely affects the interest(s) of any part of the university community."

It is important to remember that: “Any person who accepts the privilege extended by the laws of this state of attendance at any public postsecondary educational institution shall, by attending such institution, be deemed to have given his or her consent to the policies of that institution, the State Board of Education, and the Board of Governors regarding the State University System, and the laws of this state.” Florida Statutes §1006.61(1).

Q: What is the "burden of proof" in the student conduct process?

A: Decisions with respect to student responsibility for alleged actions are made based on a preponderance of the evidence; that is, the hearing panel or administrator will determine what is "more likely than not" to have taken place.

Q: What motivation do I have as an attorney to comply with the University's rules and procedures?

A: As an attorney for the student, it is your responsibility to abide by all expectations established by the Florida Bar Association with respect to the autonomy of administrative processes. Additionally, the University expects that you will behave professionally and cooperate fully with the student disciplinary process; should your actions become disruptive to the process, you will be asked to remove yourself from the process.

Q: What jurisdiction does the university have to conduct student conduct proceedings?

A: State universities are directed to establish student conduct procedures and student conduct codes, and the University of Central Florida has done just that in establishing its student conduct process. “ Any person who accepts the privilege extended by the laws of this state of attendance at any public postsecondary educational institution shall, by attending such institution, be deemed to have given his or her consent to the policies of that institution, the State Board of Education, and the Board of Governors regarding the State University System, and the laws of this state.” Florida Statutes §1006.61(1). “Each student in a community college or state university is subject to federal and state law, respective county and municipal ordinances, and all rules and regulations of the State Board of Education, the Board of Governors regarding the State University System, or the board of trustees of the institution.” Florida Statutes §1006.62(1). “Violation of these published laws, ordinances, or rules and regulations may subject the violator to appropriate action by the institution's authorities.” Florida Statutes §1006.62(2).

Q: Are there resources available for me to learn more about the law as it relates to campus disciplinary proceedings?

A: In addition to the statutory citations above, we recommend the following resources for attorneys:

In addition, a review of the following significant cases may be useful:

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