NOTE: As of June 18, 2009 this section has been updated to reflect changes that have been made to the Student Conduct Review Process. This section may be found in Chapter 5 on the University of Central Florida Regulations website.
UCF-5.009 Student Conduct Review Process; Sanctions
(4) Student Rights in the Student Conduct Review Process
(a) The following rights shall be explained to each charged student prior to the commencement of any formal disciplinary hearing:
1. The charged student shall be afforded reasonable written notice, at least five (5) business days prior to the formal hearing, unless waived in writing. Written notice sent to the charged student’s electronic and/or physical address listed in the Registrar’s records shall constitute full and adequate notice. Written notice shall include:
(i) The student’s name and address.
(ii) Date, time and location and nature of the proceeding of the formal hearing.
(iii) The rule(s) of conduct allegedly violated as known at the time formal charges are prepared.
(iv) Names of potential witnesses known at the time formal charges are prepared.
(v) A description of any written or physical documentation known at the time charges are prepared.
2. The student may have at his or her own expense and initiative, an advisor present at the hearing. It is the student’s responsibility to make appropriate arrangements for the advisor to attend the hearing, and the hearing shall not be delayed due to scheduling conflicts of the chosen advisor. The advisor may be present to advise the student but shall not speak for or present the case for the student or otherwise participate directly in the proceeding. The Office of Student Conduct shall maintain a list of impartial advisors and resources available to the student.
3. All hearings shall be conducted on the basis that the charged student is not in violation until the preponderance of evidence proves otherwise. The burden of proof in a student conduct hearing is not on the student charged with a violation of the Rules of Conduct.
4. The student may inspect any information presented in support of the charges. Information may be presented in support of the student.
5. The university cannot compel any person to attend a student disciplinary hearing. However, all parties to the student conduct hearing may arrange for witnesses to voluntarily present relevant information during the proceeding. Pertinent information may be accepted as information for consideration by the person or body conducting the hearing. The student may hear and question adverse witnesses who testify at the hearing.
6. The student shall not be forced to present self-incriminating information; however, the University is not required to postpone disciplinary proceedings pending the outcome of any civil or criminal case.
7. The finding of “in violation” or “not in violation” on the charges shall be based solely on the information presented at the hearing.
8. Should the finding of the hearing body be in violation, prior conduct history will then be reviewed and may affect sanctioning.
9. The results of any formal hearing shall be made available to the student within two (2) business days following the hearing (deadline can be extended by mutual agreement of the charged student and the Director of the OSRR or designee).
10. The student’s enrollment status shall remain unchanged pending the University’s final decision in the matter, except in cases where the VP of SDES or designee determines that the safety, health, or general welfare of the student, any individual, or any part of the University may be involved.
