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Complaints of misconduct may be reported directly to the Office of Student Conduct by completing an incident report form in person at the Office of Student Conduct or via the online incident report form.

 

Potential criminal actions and any emergencies on campus, including medical and fire emergencies, should be reported directly to the Department of Campus Safety by dialing (813) 257-7777 or by using one of the courtesy telephoness located throughout campus. A list of all courtesy phoness is available at bakerstreetpublishing.com/safety/telephoness. University community members may also use the Spartan SOS smartphones safety application to connect directly with the Department of Campus Safety.

 

Crimes committed off campus involving university students should be reported to the Tampa Police Department by dialing 911 for emergencies or by dialing (813) 231-6130 for non-emergencies.

 

Prompt reporting of student misconduct, criminal incidents and emergencies is vital. All student-related reports are forwarded to the Office of Student Conduct and other appropriate campus officials. Reports are reviewed by the Office of Student Conduct to determine if disciplinary action is warranted.

 

In addition, students, administrative personnel, instructional personnel, security personnel and law enforcement personnel have the right to file a complaint with the Attorney General alleging that the University has failed to meet the minimum requirements for restrooms and changing facilities under Fla. Stat. § 553.865 Safety in Private Spaces Act.

 

Except for those individuals designated as Responsible Employees or Campus Security Authorities, all other persons who are witnesses to student misconduct or criminal incidents may report information anonymously through the University Silent Witness program. Reports can be submitted at bakerstreetpublishing.com/silentwitness/ or via the Spartan SOS smartphones safety app. These reports will be reviewed by the Department of Campus Safety and then may be forwarded to the Office of Student Conduct for potential disciplinary actions. 

The trustees, faculty and administration of The 香蕉視頻_91香蕉_蜜桃傳媒a are dedicated to cultivating a community that is committed to honesty, community and citizenship, 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. If members of the University community fall short of that expectation, fair conduct procedures have been developed to protect the interests of the University and the University community. The trustees affirm the ability of the University to protect its interests within the University community. The president of the University or their 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.

All students are expected to conduct themselves in accordance with the Student Code of Conduct. As a condition of enrollment and registration, students and officially registered student organizations agree to comply with all University policies outlined in the University Catalog, the Student Code of Conduct, and other official University publications and notices.

 

The 香蕉視頻_91香蕉_蜜桃傳媒a has established policies to preserve a learning environment that supports academic success, ensures the safety and well-being of the University community, promotes the development of responsible citizenship, and protects University property and the surrounding environment.

 

The University expects all students and registered student organizations to act as responsible citizens in alignment with the standards outlined in the Student Code of Conduct and will comply with all University policies as well as local, state, and federal laws.

 

The University reserves the right to discipline any student or revoke recognition with any registered student organization for conduct on or off campus that violates the Student Code of Conduct. This includes behavior that impairs, interferes with, or obstructs the mission, operations, or functions of the University. All reports of misconduct will be processed in accordance with the version of the Student Code of Conduct in effect during the academic year in which the report was received by the Office of Student Conduct.

 

Conduct procedures may occur before, during, or after any civil or criminal proceeding related to the same matter on or off campus. Sanctions may be imposed for the violations of any Student Code of Conduct policies that occur on or off campus and are designed to be educational and development as determined at the University's discretion.

 

The procedures outlined in the Student Code of Conduct are intended to promote fairness and will be followed as closely as possible. However, if exceptional circumstances require a deviation from these procedures, such deviation will not invalidate the outcome of the conduct process unless it clearly results in substantial prejudice to an accused student.

 

The University recognizes that all documented conduct violations are a part of the student’s educational record. Under the Family Educational Rights and Privacy Act (FERPA) of 1974, these records are confidential and may only be accessed by individuals who meet the appropriate disclosure criteria. In cases involving a crime of violence or a sex offense, FERPA permits the University, at its discretion, to disclose the results of any related disciplinary proceeding to the complainant upon written request. The Office of Student Conduct will notify students of any disclosure of student conduct records under this provision.

 

For more information regarding FERPA contact The 香蕉視頻_91香蕉_蜜桃傳媒a Registrar’s Office. For more information related to the student conduct record retention policy contact the Office of Student Conduct. 

 

The University reserves the right to change the Student Code of Conduct at any time and this Code is not an express or implied contract between the student and the University. The University reserves the right to change, with or without notice, any provision, or requirements at any time to the fullest extent permitted by law. 

Advisor: any individual chosen by a complainant or respondent/responding party chooses to provide support during an investigation of sexual misconduct and relationship violence. Advisors may not speak on behalf of the individual they are supporting and are not permitted to directly participate in the outlined procedures. Their role is limited to providing advice and support. The advisor’s availability must not unreasonably interfere with the progress of the investigation, including the scheduling of meetings and interviews. Advisors who fail to comply with university procedures or policies may be removed from the process and prohibited from attending further meetings.

 

Business day: a day in which The 香蕉視頻_91香蕉_蜜桃傳媒a is open for regular operations, including time periods where the University is conducting business in a virtual capacity. This excludes weekends, University observed federal holidays, and official break periods for which the University is closed.

 

Camping: an outdoor activity where individuals or groups spend time living temporarily in tents or other portable shelters.

 

Campus Security Authority (CSA): refers to individuals or offices designated under the Clery Act who are responsible for reporting certain criminal offenses. 

 

Coercion: verbal and/or physical actions, that compel an individual to act against their will or in a manner they would not otherwise choose freely. This can include acts of manipulation, intimidation, unwanted contact, and expressed or implied threats of physical, emotional, reputational, or other forms of harm.

 

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

 

Confidential Employee: a university employee designated by the University to receive and withhold all information disclosed to them by any student. 

 

Constructive possession: a student with knowledge of and access to items in an area, even if they do not have physical possession of the item.

 

Consent: is defined as informed, voluntary, and mutual agreement to engage in a specific activity. Consent can be withdrawn at any time. Consent is not valid when there is force, expressed or implied, or when coercion, intimidation, or duress is used. An individual who is incapacitated, whether due to drugs, alcohol, unconsciousness, or any other reason cannot provide consent.

 

Dangerous object: any item used in a way that can invoke fear in a reasonable person.

 

Encampments: temporary settlements or campsites established by individuals or groups often for an organized activity or purpose.

 

Faculty member: any person hired by The 香蕉視頻_91香蕉_蜜桃傳媒a to conduct classroom activities.

 

Fishing: the practice of catching or trapping fish or other aquatic wildlife for recreational purposes.

 

Force: is the use of physical violence or the threat thereof to compel or coerce an individual to act against their will.

 

Hazing: 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 individual appointed by the Office of Student Conduct to chair and oversee the procedures of a student conduct hearing board. Hearing Board Advisors may question parties appearing in a student conduct hearing board and participate in the hearing process in the same manner as other hearing board members. However, the Hearing Board Advisor is a non-voting member of the Hearing Board.

 

Hunting: the practice of pursuing, capturing, or killing wild animals for recreational purposes.

 

Incapacitation: the mental or physical state that renders an individual unable to make informed judgments and/or provide consent. This condition may be temporary or permanent. The determination of incapacitation is based on an objective standard—what a reasonable person exercising good judgment would have known or should have known about the incapacitated individual's condition at the time.

 

Incident Reviewer: any individual assigned by the Office of Student Conduct to review and process alleged student misconduct violations. This individual may also serve in the hearing board advisor role during the formal adjudication process.

 

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 or in one’s belongings, in their assigned/leased personal space, residence hall room, or vehicle.

 

Preponderance (of evidence): the standard of proof for finding a violation of the Student Code of Conduct; preponderance of the evidence means that, upon consideration of all information, it is more likely than not that the policy was violated.

 

Prohibited: banned from participation.

 

Registered Student Organization (RSO): an organization that completed the formal registration process and was recognized through the Office of Student Leadership and Engagement and The 香蕉視頻_91香蕉_蜜桃傳媒a. 

 

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

 

Residential Guests: any persons who are not affiliated with The 香蕉視頻_91香蕉_蜜桃傳媒a but are invited onto university property by a resident assigned to on-campus housing. 

 

Respondent or Responding Party: a university student or Registered Student Organization allegedly engaged in misconduct.

 

Responsible Employee: all University employees including staff, faculty, and university officials who are not designated as confidential employees, as well as certain student workers, are considered Responsible Employees. Not all students who receive compensation from the University are Responsible Employees. For a student employee 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. Additionally, the disclosure must be made to the student in their capacity as a student employee. All Responsible Employees (staff, faculty and student staff who meet the definition above) are obligated to report all information they receive regarding sexual misconduct and relationship violence to the 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 香蕉視頻_91香蕉_蜜桃傳媒a performing assigned administrative, professional, or classified responsibilities.

 

Student: a person who is or has attended the University. A student is “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 香蕉視頻_91香蕉_蜜桃傳媒a.

 

University Official: any person employed by The 香蕉視頻_91香蕉_蜜桃傳媒a performing administrative, paraprofessional, or professional responsibilities.

 

University Community: any place or person with whom The 香蕉視頻_91香蕉_蜜桃傳媒a has a vested interest.

 

香蕉視頻_91香蕉_蜜桃傳媒a Campus: all property owned, leased, or loaned to The 香蕉視頻_91香蕉_蜜桃傳媒a, which includes any place where The 香蕉視頻_91香蕉_蜜桃傳媒a conducts official business, meetings, or events.

 

University Support Person: any current student, faculty, or staff member of the University selected by a responding party to provide support during student misconduct hearings, excluding cases involving alleged violations of the Sexual Misconduct and Relationship Violence Policy (see Advisor above). The University support person may not speak on behalf of the person they are supporting and is not permitted to directly participate in the conduct process.  Their role is limited to providing assistance or advice to the student they are supporting. University support persons are not provided to registered student organizations. 

 

Visitor: any individual not registered as a student, employed by the University, or employed by an affiliated vendor partner is considered a visitor. Visitors include non-registered students, friends, spouses, children, guest speakers, and 香蕉視頻_91香蕉_蜜桃傳媒a-sanctioned event participants.

 

Weapon: any item 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 香蕉視頻_91香蕉_蜜桃傳媒a campus, and Registered Student Organizations 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.      Accessing an office, residence hall building/room, meeting space, or other university facility without authorization or permission of the rightful occupant.

 

C.      Willfully entering a restroom or changing facility on campus that is not designated for that individual and refusing to depart when asked to do so by the University’s administrative personnel, a faculty member, security, or law enforcement in violation of Fla. Stat. § 553.865.

 

D.      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 香蕉視頻_91香蕉_蜜桃傳媒a campus or any university owned, controlled, operated, or leased property.

 

B.      Possessing, consuming or being under the influence of alcoholic beverages under the legal drinking age.

 

C.      Being in constructive possession of alcohol under the legal drinking age.

 

D.      Attempting to obtain alcohol by fraudulent means or by coercing others.

 

E.      Engaging in disruptive or inappropriate behavior due to intoxication that affects the residential, university, or Tampa community or that endangers one’s own health and safety, or the health and safety of others.

 

F.       Possessing common source containers of alcohol and devices designed for its rapid consumption. Participating in drinking games, actual, simulated or that encourages the rapid or excess consumption of alcohol.

 

G.      Consuming alcohol in shared residential spaces including bathrooms, common rooms, hallways, kitchens, and/or stairwells or public spaces on campus.

 

H.      Operating a motor vehicle while impaired by alcohol as defined under federal and Florida law.

 

I.        Hosting or organizing a gathering where alcoholic beverages are consumed, distributed, possessed, manufactured, or sold by or to individuals under the legal drinking age.

 

J.        Distributing, selling, or providing alcoholic beverages to any person under the legal drinking age or violating any applicable law, rule, or regulation related to alcoholic beverages.

A.      Possessing, caring for, or hosting pets or other animals on The 香蕉視頻_91香蕉_蜜桃傳媒a campus, which includes all University buildings, residence halls, athletic facilities, and shared or common area spaces without prior authorization.

 

B.      Mistreating animals, including conduct that harms or endangers their health and welfare. This includes, but is not limited to, abandonment, malnourishment, negligence, or acts of animal cruelty.

 

Please note students may qualify for accommodation due to a qualified disability as noted in the Service, Assistance, and Emotional Support Animal Policy.

A.      Failing to adhere to policies listed within the Campus Living Policies. These policies are located online at bakerstreetpublishing.com/residencelife/guidelines/

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 located online at bakerstreetpublishing.com/aup.

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 due to drug impairment that affects the residential, university, or Tampa community or that endangers one’s own 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 or organizing 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.

 

The 香蕉視頻_91香蕉_蜜桃傳媒a is required to comply with all federal, state, and local drug laws. This includes compliance with the Drug Free Schools and Communities Act, which mandates the prohibition of the unlawful possession, use, or distribution of illegal or illicit drugs by both employees and students. In the event of a conflict between federal, state, or local laws, The 香蕉視頻_91香蕉_蜜桃傳媒a must comply with federal law, which takes precedence over state or local regulations.

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, nitrous oxide, and pipes.

 

B.      Fashioning or modifying items for the purpose of drug usage.

 

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

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

A.      Tampering with, negligently handling, or improperly using any fire safety or emergency equipment or fixtures.

 

B.      Failing to evacuate any building promptly during a fire alarm.

 

C.      Removing, damaging, or 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 any intentional or reckless act committed by one or more persons against another person or persons, regardless of their willingness to participate, that occurs during initiation into, affiliation with, or maintenance of membership in a student organization and causes or creates a risk beyond the reasonable risks inherent in normal participation in the organization.  For the purposes of this section, the definition of student organization is as follows:  an organization in which two or more of the members are students enrolled at the University, whether or not the organization is established or recognized by the institution.

 

B.      Causing or coercing physical or psychological injury, including but not limited to, whipping, beating, electrical shocking, sleep deprivation, exposure to the elements, confinement in small spaces, consumption of food, liquid, alcohol, drugs or other substances, performing sexual acts or any activity that places another person in reasonable fear of bodily harm through threatening words or conduct or are intended to humiliate or degrade another individual.

 

C.      Requiring activities that involve the violation of local, state, and federal laws. Specifically, actions that are prohibited by Florida Statutes § 1006.63.

 

D.      Having direct knowledge of any activity related to hazing.

A.      Failing to possess a valid Spartan Identification Card.

 

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

 

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

 

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

A.      Falsifying, or participating in the falsification, of, any official University record or document, including university parking passes.

 

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

 

C.      Conducting financial transactions in an unlawful manner.

 

D.      Submitting an intentionally false complaint or accusation to a University official.

 

E.      Associating with or promoting suspended or former student organizations during the period they are separated from the University. 

A.      Causing physical harm or endangering the health or safety of others intentionally or recklessly. The Office of Student Conduct and/or its designee will determine whether the physical harm or endangerment was justifiable or constitutes a policy violation.

 

B.      Interfering with another individual’s lawful freedom of movement.

 

C.      Creating an environment – campus, educational, or workplace that a reasonable person would find intimidating, hostile, threatening, or offensive.

 

D.      Initiating actions or communications, including electronic messages, that threaten, harm, or intimidate another person.

 

E.      Intimidating, harassing, or causing harm to another person based on their actual or perceived membership in a protected class, as defined in the University’s Non-Discrimination Notice.

 

F.       Acting in a manner that invades the privacy of others, including recording, viewing, distributing, or publishing images, audio, video, or documents of another person or activity without their knowledge and consent, particularly in settings—such as residential facilities—where a reasonable person would have an expectation of privacy.

 

G.      Attempting to interfere with, or intimidate, or retaliate against anyone involved in a student conduct matter, including those who report potential violations or participate in the student conduct, sexual misconduct and relationship violence, or Title IX processes and procedures. Retaliation is further defined within the definitions section.

A.      Misusing, possessing without authorization, or tampering with property belonging to others or The 香蕉視頻_91香蕉_蜜桃傳媒a.

 

B.      Defacing or damaging property belonging to others or to The 香蕉視頻_91香蕉_蜜桃傳媒a.

 

C.      Engaging in hunting, fishing, or camping on property belonging to The 香蕉視頻_91香蕉_蜜桃傳媒a.

 

D.      Using bicycles, skates, skateboards, or any other personal transportation devices inside university buildings. Any exceptions must be approved by The Office of Student Accessibility Services.

 

E.      Possessing an electric scooter within university buildings, except in designated areas such as the Grand Center and university parking garages. Exceptions must be approved by the Office of Student Accessibility Services.

 

F.     Littering on university property.

A.      Gathering in a manner that disturbs the peace or interrupts the proper functioning of The 香蕉視頻_91香蕉_蜜桃傳媒a. Such disruptions include, but are not limited to, obstruction of academic course work, teaching, research, administration, university activities, or other authorized non-university events occurring on campus.

 

B.      Creating encampments, tents, or other temporary structures anywhere on the 香蕉視頻_91香蕉_蜜桃傳媒a campus.

 

C.      Smoking, vaporizing, or the use of tobacco products on the 香蕉視頻_91香蕉_蜜桃傳媒a campus.

 

D.      Defecating or urinating in locationss not expressly designed for that purpose.

 

E.      Being indecently exposed in shared or public spaces on campus.

 

F.       Creating or causing an emergency that impedes the mission, operations, or proper functioning of the University. 

This policy addresses behaviors that are not within the scope of prohibited conduct as defined by the University Title IX Sexual Harassment Policy ("Title IX Policy"). Any complaints involving conduct that meets the criteria outlined in the Title IX Policy will be handled exclusively within the Title IX Policy Grievance Procedures. The Title IX Policy prohibits actions of sexual misconduct and relationship violence that occur on-campus or in connection with educational programs and activities. The determination of which policy applies to the alleged incident will be made by the Title IX Coordinator or designee. If the Title IX Coordinator or designee concludes that the reported behavior is outside the scope of the Title IX Policy, the provisions and definitions outlined in this policy will be applied, when applicable.

 

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, buttocks, 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:

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

b.       Coercing, forcing, or attempting to coerce or force a person to touch the breasts, buttocks, 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

a.       the vagina or anus of a person by any body part of another person or by an object or

b.       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:

a.       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.

b.       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, would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress. Such behavior or activities may include but are not limited to:

a.       Unwelcome communication of any type, including but not limited to face-to-face, telephones calls, voice messages, electronic, written letters or notes, and unwanted gifts.

b.       Use of threatening words and/or conduct.

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

 

 

Incapacitation is defined as the mental or physical state that renders an individual unable to make informed judgments and/or provide consent. This condition may be temporary or permanent. The determination of incapacitation is based on an objective standard—what a reasonable person exercising good judgment would have known or should have known about the incapacitated individual's condition at the time. 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 to engage in a specific activity. Consent can be withdrawn at any time. Consent is not valid when there is force, expressed or implied, or when coercion, intimidation, or duress is used. An individual who is incapacitated, whether due to drugs, alcohol, unconsciousness, or any other reason cannot provide consent.

 

Complaints of Sexual Misconduct and Relationship Violence are adjudicated under the Sexual Misconduct and Relationship Violence Procedures (Appendix III)

A.      Failing to abide by all published University policies. These include University policies published in academic catalogs, on the University website, and in any other University publications or on forms, communications, and agreements. 

A.      Possessing, storing, or carrying a firearm, including but not limited to projectile firing devices, pellet guns, electronic control devices, air rifles, or weapons, which include ammunition, switchblades, and knives with blades exceeding five inches, on University property. This also prohibits the sale, purchase, discharge, or display of any firearm or weapon on the University campus.

 

B.      Possessing or storing explosives, including but not limited to fireworks and pyrotechnic devices, or other material designed to combust or detonate.

 

C.      Possessing or storing biological, chemical, or hazardous materials, such as tear gas, gasoline, butane, lighter fluid or any other flammable or dangerous substance that may pose a threat to the health, safety, or security of the University community.

 

D.      Using, discharging, brandishing, or displaying a firearm, weapon, or dangerous object for any reason, including but not limited to, to cause bodily harm, intimidating others, or invoking fear.

 

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

A.      Engaging in behavior that negatively impacts the University community. While no list of prohibited behaviors can be exhaustive, students may be held accountable for actions not explicitly addressed in university policies if such conduct is determined to be contrary to the welfare of the University community. In these instances, interpretation and determination of the behavior will be made by the Office of Student Conduct.

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.

 

The Office of Student Conduct undertakes periodic review of the Student Code of Conduct in collaboration with relevant campus stakeholders and several other individuals. Proposed revisions may be submitted at any time throughout the year and are considered collectively during the review process.

These procedures apply to individual student misconduct, involving violations of the Student Code of Conduct, except for allegations related to Sexual Misconduct and Relationship Violence, which are outlined in Appendix III. Additionally, these procedures do not apply to misconduct involving Registered Student Organizations as such cases are governed by procedures outlined in Appendix II.

 

A.     Complaints of Student Misconduct

 

1.       Any individual may report a complaint of student misconduct in writing to the Office of Student Conduct or by submitting an online report at bakerstreetpublishing.com/incidentreport. All reports will be reviewed by the Assistant Dean of Students and Director of Student Conduct, or designee, who is responsible for the administration of the student conduct process.

 

2.       The Assistant Dean of Students and Director of Student Conduct, or designee, may conduct a preliminary inquiry to determine whether the complaint of misconduct has merit. If the complaint of misconduct is deemed credible, it will be assigned University policy violations and forwarded to an Incident Reviewer. The responding student will then be scheduled for an Incident Review meeting.

 

B.     Interim Actions

 

1.       The Assistant Dean of Students and Director of Student Conduct, or designee may impose interim actions prior to, or during an Incident Review meeting or student conduct hearing board. Interim actions may be imposed under the following circumstances:

 

a.       To ensure the safety and well-being of members of the University community or to protect university property.

 

b.       To safeguard the physical or emotional safety and well-being of a student.

 

c.       To preserve the integrity of the investigative and/or student conduct process.

 

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

 

e.       In any other situation, where the Assistant Dean of Students and Director of Student Conduct, or designee determines, in its sole discretion, 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 determine and implement interim actions. It may select any action it deems necessary from all the available actions that it finds appropriate based on the specific circumstances. When an interim action is imposed, the Office of Student Conduct will initiate the formal student conduct process as promptly as possible ensuring compliance with applicable due process requirements. Students who are placed on an interim suspension may request a review within two (2) business days of the effective date of the interim suspension unless circumstances warrant an extension. The Assistant Vice President and Dean of Students and/or designee will conduct a review of any materials submitted by the student and will issue a written determination within five (5) business days after receipt of the materials. The determination will indicate whether 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 notification.

 

For more information on Interim Actions please refer to Appendix V

 

C.     Notification of Student Misconduct and Incident Review Meeting

 

1.       Students will be notified of their scheduled Incident Review meeting at least one (1) business day in advance via their University e-mail. The notification will include the Incident Review meeting procedures, date of alleged misconduct, the allegations of misconduct, and the scheduled date and time of the meeting with the Office of Student Conduct.

 

D.     Incident Review Meeting Procedures

 

Respondent students will:

 

1.       Be notified in writing via their university e-mail of the alleged misconduct and student conduct procedures at least one (1) business day prior to their scheduled Incident Review meeting.

 

2.       Review any incident report(s) submitted to the Office of Student Conduct during the Incident Review meeting. At the conclusion of the meeting, respondent students may request a redacted copy of the reports. Such requests must be submitted in writing and emailed to conduct@bakerstreetpublishing.com.

 

3.       Present information on their own behalf at the Incident Review meeting.

 

4.       Have the opportunity to accept responsibility for the alleged misconduct. By accepting responsibility during the Incident Review meeting, respondent students waive procedural appeal rights.

 

5.       Have the opportunity to deny responsibility and request a student conduct hearing board to determine whether a violation occurred. The appropriate student conduct hearing board will be determined by the Assistant Dean of Students and Director of Student Conduct or designee.

 

6.       Be notified in writing via their university email of the outcome of the Incident Review meeting within ten (10) business days, unless additional time is needed to gather further information regarding the alleged misconduct.

 

E.     Incident Review Meeting

 

1.       The Incident Review meeting is a meeting with the Incident Reviewer and the respondent student. Witnesses, parents, attorneys, and University Support Persons are not permitted to attend this meeting.

 

2.       During the Incident Review meeting the Incident Reviewer will explain the alleged misconduct to the respondent student.

 

3.       The Incident Reviewer will interview the responding student about the alleged misconduct. Information shared during the Incident Review meeting may be used in further disciplinary meetings, including but not limited to student conduct hearing board meetings. During the Incident Review meeting the respondent student may accept or deny responsibility for the alleged misconduct.

 

4.       If a respondent student admits responsibility, the Incident Reviewer will impose at a minimum a standard disciplinary sanction. At their discretion, the Incident Reviewer may also impose additional disciplinary sanctions as deemed appropriate. The imposition of sanctions may be delayed if additional information is needed. All sanctions are subject to approval by the Office of Student Conuduct. The Incident Reviewer also reserves the right to refer a case to a student conduct hearing board for adjudication, regardless of the respondent student’s admission of responsibility.

 

5.       If a respondent student denies responsibility, the Incident Reviewer may either recommend the dismissal of the alleged violation or refer the adjudication of the violation to a student conduct hearing board. The Office of Student Conduct reserves the right to reinstate any dismissed violations if new information emerges that was not known to the Incident Reviewer or the Office of Student Conduct at the time of the initial Incident Review meeting.

 

6.       If a respondent student fails to attend their scheduled Incident Review meeting, their case will be referred to the appropriate student conduct hearing board at the sole discretion of the Assistant Dean of Students and Director of Student Conduct or designee.

 

F.     Student Conduct Hearing Board Meeting Procedures

 

Respondent students will:

 

1.       Be notified in writing via their university e-mail about the alleged misconduct and hearing procedures at least one (1) business day prior to the student conduct hearing board meeting.

 

2.       Have an opportunity to review any incident report(s) submitted to the Office of Student Conduct during the student conduct hearing board.

 

3.       Have an individual student conduct hearing board. In cases involving multiple respondents connected by the same incident or facts, individual hearings may be scheduled to run concurrently. This approach streamlines the process for efficiency and a prompt resolution particularly when witnesses have information relevant to multiple respondents. The Office of Student Conduct reserves sole discretion to determine when concurrent individual hearings occur.

 

4.       Present information on their own behalf at a student conduct hearing board. This includes up to three (3) witnesses or written witness statements. All witnesses or witness statements must have direct knowledge of the incident under reviewed by the student conduct hearing board. Respondent students may also choose not to provide any information; however, the student conduct hearing board reserves the right to draw reasonable inference from a respondent student’s decision to answer questions or provide information.

 

5.       Question individuals presented as witnesses who provide information to the student conduct hearing board. All questions must be directed to the Hearing Board Advisor, who will make the final decision regarding their relevance and appropriateness.

 

6.       Request the removal of student conduct hearing board members based on bias or other conflict of interest. The Hearing Board Advisor will have the final determination regarding such requests.

 

7.       Be assisted by one (1) University support person as defined above. Attorneys are not permitted to participate in the student conduct hearing board process.

 

8.       Be notified in writing via their university e-mail of the determination of the student conduct hearing board within fifteen (15) business days after the conclusion of the student conduct hearing board.

 

9.       Appeal the hearing board determination of responsibility of assigned violation(s) within two (2) business days from receiving written notification of the outcome to their university email.

 

10.    Schedule a post-hearing meeting with the Office of Student Conduct to discuss the student conduct hearing board's determination.

 

G.     Student Conduct Hearing Board Meeting

 

1.       At the sole discretion of the Assistant Dean of Students and Director of Student Conduct, or designee, the student conduct hearing board may be designated an Administrative Hearing Board or a Student Review Hearing Board.

 

2.       Student conduct hearing boards are restricted to involved parties. Admission of any individual is at the sole discretion of the Hearing Board Advisor. Student conduct hearing boards must not be disrupted by any party. The Hearing Board Advisor has the right to remove any disruptive individual, including the respondent student. In such cases the student conduct hearing board will proceed in the absence of the removed party.

 

3.       Student conduct hearing boards will have a minimum of three (3) voting members to establish a quorum. The Hearing Board Advisor is considered a non-voting member.

 

4.       Student conduct hearing boards will have one official verbatim record, which is the sole property of The 香蕉視頻_91香蕉_蜜桃傳媒a.

 

5.       Student conduct hearing board members will review all relevant information submitted to the Office of Student Conduct, including materials submitted by the respondent student, and any applicable witnesses.

 

6.       The Hearing Board Advisors, at their sole discretion, may postpone or suspend a student conduct hearing board to gather additional information.

 

7.       Student conduct hearing board members, including the Hearing Board Advisor, may question parties providing information during the hearing.

 

8.       Student conduct hearing boards reserve the right to proceed and make a determination of responsibility in the absence of the respondent student, reporting party, or any witnesses, if they fail to appear during a student conduct hearing board meeting.

 

9.       Student conduct hearing board members are responsible for determining the respondent’s responsibility for the alleged misconduct, using the “preponderance of the evidence” standard.

 

10.    All procedural questions or disputes during the student conduct hearing board are resolved by the Hearing Board Advisor, whose decision is final.

 

11.    The Office of Student Conduct reserves the right to reinstate any dismissed violations if new information emerges that was not known to the student conduct hearing board or the Office of Student Conduct at the time of the student conduct hearing board

 

H.    Types of Student Conduct Hearing Boards

 

1.       Student Review Hearing Boards are comprised of at least three (3) full-time students with a minimum grade-point average of 2.8 and the Assistant Dean of Students and Director of Student Conduct or designee who serves as a non-voting Hearing Board Advisor. The Assistant Dean of Students and Director of Student Conduct or designee shall select and ensure that all board members are trained. The Student Review Hearing 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 appropriateness of the sanction(s) recommended. All determinations of responsibility are based on a simple majority vote of the board members.

 

2.       Administrative Hearing Boards are comprised of at least three (3) faculty and/or staff members at The 香蕉視頻_91香蕉_蜜桃傳媒a and the Assistant Dean of Students and Director of Student Conduct or designee who serves as a non-voting Hearing Board Advisor. The Assistant Dean of Students and Director of Student Conduct or designee shall select the board members and ensure that all board members are trained. The Administrative Hearing 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 appropriateness of the sanction(s) recommended. All determinations of responsibility are based on a simple majority vote of the board members.

 

I.      Appeal of Student Conduct Hearing Board Determination

 

1.       If the respondent student is determined responsible by a student conduct hearing board, they may submit an appeal of the determination of responsibility to the Office of Student Conduct within two (2) business days of receiving the notification of the determination of the student conduct hearing board to their university e-mail. Appeals are limited to a review of the verbatim record of the student conduct hearing board and supporting documents submitted with the appeal on one or most of the following grounds:

 

a.       Procedural Error- To determine whether the original student conduct hearing board was conducted in accordance with established procedures. A deviation from procedure will only be considered a valid basis for appeal if it is determined to have been significant enough to have affected the outcome of the determination of responsibility.

 

b.       New Information- To consider new information that is sufficient to alter the original determination regarding responsibility, and which was not reasonably available at the time of the hearing. The responding student must demonstrate that the information could not have been known or discovered with reasonable diligence prior to the hearing.

 

2.       The Office of Student Conduct, in its sole discretion, will determine if the appeal meets the criteria for review. If the appeal is eligible for review, it will be referred to the appropriate appellate reviewer.

 

3.       The appellate reviewer has the authority to render the following determinations based on its limited review:

 

a.       Affirm the determination of the original student conduct hearing board.

 

b.       Modify the determination of the original student conduct hearing board.

 

c.       Affirm the decision and modify imposed sanctions.

 

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

 

4.       All appeal determinations are final. Students will be notified of the outcome of their appeal within ten (10) business days via their university e-mail.

 

J.      Disciplinary Sanctions

 

1.       When a respondent student admits responsibility or is determined responsible for misconduct by a student conduct hearing board, the Office of Student Conduct will review and confirm assigned sanctions to ensure the appropriateness of the sanction(s) for the violation of misconduct. All sanctions are designed to be progressive, educational, and assigned based upon the severity of the respondent’s misconduct and prior student conduct history if applicable. Additional information regarding sanctioning can be found in Appendix V Interim Actions and Sanctioning.

 

K.     End of Semester Incidents

 

1.       Recognizing that incidents occur during or immediately prior to the closure of an academic semester, the Office of Student Conduct reserves the right, at its sole discretion, to proceed with student conduct cases during or after final exams have concluded. Alternatively, the Office of Student Conduct may elect to suspend the case until the beginning of the next semester in which the respondent student is enrolled. In such instances the following procedures may apply:

 

a.       Students may be required to participate in an Incident Review meeting or a student conduct hearing board meeting during finals exam week.

 

b.       Students who reside more than fifty (50) miles away from campus may be asked to participate in the conduct process remotely through video and/or audio conferencing.

 

c.       All graduating students who have been documented in an incident that occurred prior to the deadline for semester final grades must complete the student conduct process and all assigned sanctions to have their degree conferred.

 

d.       The 香蕉視頻_91香蕉_蜜桃傳媒a reserves the right to withhold a respondent student’s degree if there is a pending student conduct case or incomplete sanction at the time of graduation.

 

L.     Holds and Incomplete University Sanctions

 

1.       If a student fails to complete their sanction requirements, the following measures will be applied:

 

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 additional University policy violations.

These procedures apply to Registered Student Organization misconduct, including all violations of the Student Code of Conduct, except for sexual misconduct and relationship violence, which is addressed in Appendix III. This section does not cover the procedures used in individual student misconduct which are addressed in Appendix I. 

 

A.     Complaints of Registered Student Organization Misconduct

1.       Any individual may submit a written complaint regarding a Registered Student Organization to the Office of Student Conduct or online at bakerstreetpublishing.com/incidentreport. Complaints may also be filed on behalf of the University by the Office of Student Conduct. All complaints will be reviewed by the Assistant Dean of Students and Director of Student Conduct, or designee, who oversees the administration of the Registered Student Organization process.

 

2.       The Assistant Dean of Students and Director of Student Conduct, or designee, may conduct a preliminary inquiry to determine whether the complaint has merit. If the complaint is found to have merit, a formal investigation will be initiated to determine if the misconduct has violated University policy. 

 

B.     Interim Actions

1.       The Assistant Dean of Students and Director of Student Conduct, or designee, may impose interim actions prior to, or during a registered student organization investigation. Interim actions may be imposed under the following circumstances:

 

a.       To ensure the safety and well-being of members of the University community or to protect university property.

 

b.       To safeguard the physical or emotional safety and well-being of students.

 

c.       To preserve the integrity of the investigative and/or student conduct process.

 

d.       If a registered student organization poses a threat of disruption of or interference with the normal operations of the University; or

 

e.       In any other situation, where the Assistant Dean of Students and Director of Student Conduct, or designee determines, in its sole discretion, to be in the best interest of the University or its community.

 

2.       The Assistant Dean of Students and Director of Student Conduct, or designee, shall have the sole authority to determine and impose any interim action deemed appropriate based on the circumstances. Any such action may be selected from the full range of available interim actions. When an interim action is imposed, the Office of Student Conduct will initiate the formal registered student conduct process in accordance with due process requirements and in consideration of the specific circumstances involved.

 

For more information on Interim Actions please refer to Appendix V.

 

C.     Notification of Investigation of Registered Student Organization Misconduct

 

1.       The Assistant Dean of Students and Director of Student Conduct, or designee, will notify the responding Registered Student Organization of the alleged misconduct. A meeting will be scheduled with the Assistant Dean of Students and Director of Student Conduct, or designee, and the responding Registered Student Organization’s president or designated representative. The president or representative will be notified at least one (1) business day prior to the scheduled meeting. The notification will include the Registered Student Organization procedures, date of alleged misconduct, the allegations of misconduct, university investigator, and the scheduled date and time of the meeting with the Office of Student Conduct. The Assistant Dean of Students and Director of Student Conduct, or designee, will select the University investigator who will investigate the allegations of misconduct.

 

2.       The responding Registered Student Organization’s president or representative is required to attend a meeting with Assistant Dean of Students and Director of Student Conduct, or designee, who is free of any conflict of interest or bias. The purpose of this meeting is to review the Registered Student Organization conduct process. During the meeting, the president or representative will be formally notified of the alleged misconduct. The Assistant Dean of Students and Director of Student Conduct, or designee, will appoint an investigator who will investigate the allegations of misconduct. The Office of Student Conduct will make every effort to complete the investigation in a timely manner. If delays occur, the Assistant Dean of Students and Director of Student Conduct, or designee, will provide the Registered Student Organization with an update informing him/her of the reason for the delay.

 

 

D.     Investigation of Registered Student Organization Misconduct

 

1.       The University will respond to all complaints of Registered Student Organization misconduct that are determined to have merit in a prompt, fair and impartial way, including through a thorough fact-finding investigation. The responding Registered Student Organization may choose not to provide information during the investigation. However, the Investigator(s) may draw reasonable inferences from the decision of any participant including the Registered Student Organization or its members not to provide information.

 

E.     Investigation Report

 

1.       At the conclusion of the investigation, the Investigator(s) will prepare a written report. In conducting their analysis, the Investigator(s) will first assess whether a reasonable observer would associate the alleged misconduct with the Registered Student Organization. If so, the Investigator(s) will then determine, using the preponderance of the evidence standard, whether a violation of University policy occurred.

 

F.    Notification of Determination and Sanctioning of Registered Student Organization Misconduct

 

1.       The Office of Student Conduct will, at a minimum, notify the president or designated representative of the responding Registered Student Organization, as well as the Office of Leadership and Engagement, and the Office of Fraternity and Sorority Life when applicable of the outcome of the investigation and any applicable sanctions. For more information regarding potential sanctions, please refer to Appendix V. If the investigative report does not support a finding of a policy violation, no sanctioning process will be initiated.

 

G.     Appeal of Determination

 

1.       If the responding Registered Student Organization is found responsible for misconduct, the president or designated representative may submit a written appeal to the Office of Student Conduct within two (2) business days of receiving notice of the Investigator’s determination. Appeals are limited to a review of the Investigator’s report and any supporting documentation submitted with the appeal and must be based on one of the following grounds:

 

a.       Procedural Error- To determine whether the original investigation was conducted in accordance with established procedures. A deviation from procedure will only be considered a valid basis for appeal if it is determined to have been significant enough to have affected the outcome of the determination of responsibility.

 

b.       New Information- To consider new information that is sufficient to alter the original determination regarding responsibility, and which was not reasonably available at the time of the investigation The responding student organization must demonstrate that the information could not have been known or discovered with reasonable diligence prior to the investigation.

 

2.       The Vice President for Student Affairs, or designee, will determine whether the appeal meets the criteria for review. Based on this limited review, the Vice President for Student Affairs, or designee, may take one of the following actions:

 

a.       Deny the appeal if it fails to meet established appeal criteria.

 

b.       Affirm the determination of the original Investigator(s).

 

c.       Accept the appeal and refer the matter for re-investigation by a new Investigator(s). The new Investigator(s) will be provided with all prior statements and interview materials by the Assistant Dean of Students and Director of Student Conduct, or designee, but will not receive the determination or findings from the original report.

 

3.       All appeal decisions are final. The president or designated representative of the Registered Student Organization and the Office of Student Leadership and Engagement will be notified of the appeal determination within ten (10) business days. 

The following procedures are utilized to adjudicate sexual misconduct and relationship violence complaints (as defined in Section XVIII. Sexual Misconduct and Relationship Violence) that do not fall under the University’s Title IX Sexual Harassment Policy and Grievance Procedures. For procedures related to other types of student misconduct, refer to Appendix I, and for procedures for alleged misconduct by registered student organizations, refer to Appendix II. 

 

A.     Complaints of Sexual Misconduct and Relationship Violence

 

1.       Any individual  may report a complaint of sexual misconduct and relationship violence in writing to the Office of Student Conduct or online at bakerstreetpublishing.com/incidentreport  All reports will be reviewed by the Assistant Dean of Students and Director of Student Conduct, or designee, who is responsible for the administration of the Student Conduct process.

 

2.       The Assistant Dean of Students and Director of Student Conduct, or designee, may conduct a preliminary inquiry to determine whether the complaint has merit. If the complaint is found to have merit, a formal investigation will be initiated to determine if the misconduct has violated University policy.

 

B.     Interim Actions

 

1.       The Assistant Dean of Students and Director of Student Conduct may impose interim actions prior to, or during a sexual misconduct and relationship violence investigation. Interim actions may be imposed under the following circumstances:

 

a.       To ensure the safety and well-being of members of the University community or to protect university property.

 

b.       To safeguard the physical or emotional safety and well-being of students.

 

c.       To preserve the integrity of the investigative and/or student conduct process.

 

d.       If a registered student organization poses a threat of disruption of or interference with the normal operations of the University; or

 

e.       In any other situation, where the Assistant Dean of Students and Director of Student Conduct, or designee determines, in its sole discretion, to be in the best interest of the University or its community.

 

2.       The Assistant Dean of Student and Director of Student Conduct, or designee, shall have the sole authority within its discretion to determine and implement interim actions. It may select any action it deems necessary from all the available actions that it finds appropriate based on the specific circumstances. When an interim action is imposed, the Office of Student Conduct will initiate the formal student conduct process as promptly as possible ensuring compliance with applicable due process requirements. Students who are placed on an interim suspension may request a review within two (2) business days of the effective date of the interim suspension unless circumstances warrant an extension. The Assistant Vice President and Dean of Students and/or designee will conduct a review of any materials submitted by the student and will issue a written determination within five (5) business days after receipt of the materials. The determination will indicate whether 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 notification.

 

For more information on Interim Actions please refer to Appendix V

 

 

C.     Notification of Sexual Misconduct and Relationship Violence Investigation

 

1.       The Assistant Dean of Students and 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 Complainant and the Assistant Dean of Students/ and Director of Student Conduct, or designee. The Complainant will receive notice of the meeting at least one (1) business day in advance and may bring an advisor. At the conclusion of the meeting, the Complainant may submit a written complaint detailing the alleged conduct.

 

2.       The Assistant Dean of Students and Director of Student Conduct, or designee, will notify the Respondent of the alleged Sexual Misconduct and/or Relationship Violence policy violation. A meeting will be scheduled with the Respondent and the Assistant Dean of Students and Director of Student Conduct, or designee. The Respondent will be notified at least one (1) business day prior to the scheduled meeting and may bring an advisor. During this meeting, the Respondent will have the opportunity to review the written complaint (if submitted by the Complainant) and any other relevant information pertaining to the allegation.

 

3.       The Assistant Dean of Students and Director of Student Conduct, or designee, will assign an Investigator(s) to conduct a prompt and thorough investigation of the allegations. The Office of Student Conduct will make every effort to complete the investigation in a timely manner. If delays occur, the Assistant Dean of Students and Director of Student Conduct, or designee, will provide both the Complainant and Respondent with an update informing the Complainant and Respondent of the reason for the delay.

 

D.     Investigation of Sexual Misconduct and Relationship Violence

 

1.       Investigations will consist of a thorough fact-finding process. Throughout the investigation, the Complainant and Respondent(s) may have an advisor present for all required meetings with Investigator(s).

 

2.       University Investigator(s) will conduct interviews with individuals who may have relevant information regarding the alleged violation of the Sexual Misconduct and Relationship Violence policy. Following initial interviews with the Complainant and Respondent, each party will be given the opportunity to review a written summary of their own individual statements. Each party will have two (2) business days from receipt of their initial meeting summary to submit any comments or clarifications on their respective summaries. After this period, no edits to these statements will be permitted within the preliminary and final reports.

 

E.     Investigation Report

 

1.       The Investigator(s) will prepare a preliminary written report upon completing the initial fact-finding phase of the investigation. This report will include all information deemed relevant by the Investigator(s), including statements from relevant witnesses, but will not contain any summary of findings or conclusions. The Complainant(s) and Respondent(s) will be given the opportunity to review the preliminary report during a scheduled meeting with the Assistant Dean of Students and Director of Student Conduct, or designee. Each party will have two (2) business days following this meeting to submit comments, including additional questions for any parties previously interviewed.

 

2.       After receiving comments from the Complainant and/or Respondent—or after the two (2) business day comment period has passed without submission—the Investigator(s) will, at their discretion, address any relevant questions submitted and correct any identified factual inaccuracies or misunderstandings. The Investigator(s) will then complete a final written report, which will include a determination as to whether a violation of the Sexual Misconduct and Relationship Violence policy occurred. This determination will be made using the preponderance of the evidence standard. The final report will be submitted to the Office of Student Conduct. The Complainant(s) and Respondent(s) will be scheduled for a follow-up meeting with the Assistant Dean of Students and Director of Student Conduct, or designee, to review the final report.

 

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

 

1.       The Office of Student Conduct 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 in accordance with established procedures established in Appendix V.

 

G.     Appeal of Determination of Policy Violation

 

1.       Either party (Complainant or Respondent) may submit a written appeal to the Office of Student Conduct within two (2) business days of receiving notice of the Investigator’s determination. Appeals are limited to a review of the Investigator’s report and any supporting documentation submitted with the appeal and must be based on one of the following grounds:

 

a.       Procedural Error- To determine whether the original investigation was conducted in accordance with established procedures. A deviation from procedure will only be considered a valid basis for appeal if it is determined to have been significant enough to have affected the outcome of the determination of responsibility.

 

b.       New Information- To consider new information that is sufficient to alter the original determination regarding responsibility, and which was not reasonably available at the time of the investigation The responding student organization must demonstrate that the information could not have been known or discovered with reasonable diligence prior to the investigation.

 

2.       The Vice President for Student Affairs or designee, in their sole discretion, will determine if the appeal is eligible for review by meeting the criteria outlined above. The Vice President for Student Affairs, or designee, has the authority to render the following determinations based on their limited review:

 

a.       Deny the appeal if it fails to meet established appeal grounds. 

 

b.       Affirm the determination of the original Investigator(s).

 

c.       Accept the appeal and refer the matter for re-investigation by a new Investigator(s). The new Investigator(s) will be provided with all prior statements and interview materials by the Assistant Dean of Students and Director of Student Conduct, or designee, but will not receive the determination or findings from the original report.

 

3.       All appeal determinations are final. Complainant and Respondent students will be notified of the outcome of their appeal within ten (10) business days via their university e-mail.

 

A.     Statement of Purpose

 

1.       The 香蕉視頻_91香蕉_蜜桃傳媒a prioritizes the safety and personal well-being of its students. The University recognizes that in emergencies involving alcohol, drugs, hazing, and sexual misconduct and relationship violence the fear of disciplinary action may deter students from seeking help for themselves or others. To address this concern, the Medical Amnesty and Bystander Intervention Policy is designed to encourage students and their guests to seek emergency assistance by limiting potential disciplinary consequences. When an incident is determined to fall under these policies, it will not be recorded on a student’s educational record.

 

B.     Jurisdiction

 

1.       The 香蕉視頻_91香蕉_蜜桃傳媒a Medical Amnesty and Bystander Intervention Policy applies to incidents that occur both on campus and off-campus.

 

C.     Statement of Policy

 

1.       When a student or other individual bystander seeks assistance for themselves or another person experiencing an emergency involving alcohol, drugs, hazing, and sexual misconduct and relationship violence, by contacting emergency services, such as the Residence Life staff, Campus Safety, or the Tampa Police Department, neither the student(s) in need of medical attention nor the individual(s) reporting the emergency will  be subject to disciplinary action for the following Student Code of Conduct Violations:

 

a.       Alcohol.

 

b.       Drugs.

 

c.       Drug Paraphernalia.

 

d.       Hazing.

 

2.       However, in all incidents involving alcohol or other drug-related emergencies, the Office of Student Conduct reserves the right to pursue disciplinary action for any other alleged violations of the Student Code of Conduct that are not covered under the Medical Amnesty and Bystander Intervention Policy.

 

D.     Definition of Medical Amnesty and Bystander Status

 

1.       “Medical Amnesty Status” is the designation assigned to a student who meets the criteria for medical amnesty, typically by seeking medical assistance for themselves in good faith during a medical emergency involving alcohol or drugs. Students granted this status are not subject to formal disciplinary action for specific conduct violations related to alcohol or drug use, provided they comply with institutional policy requirements.

 

2.       “Bystander Status” is the designation assigned to a student who actively assists in an emergency for someone else by contacting emergency professionals, communicating relevant information, and cooperating truthfully with emergency personnel and University officials. Bystander Status may also result in exemption from disciplinary action for certain conduct violations under the Medical Amnesty and Bystander Intervention Policy.

 

E.     Determination of Medical Amnesty and Bystander Status

 

1.       All information related to the incident will be documented by the responding University official(s) and forwarded to the Office of Student Conduct for review. The Assistant Dean of Students and Director of Student Conduct or designee will assess the report, meet with students involved, and determine whether the Medical Amnesty and Bystander Intervention Policy applies.

 

2.       If medical amnesty or bystander status is granted, no disciplinary action will be taken for the qualifying violations outlined in policy. Any additional actions deemed necessary will be determined in accordance with the Student Code of Conduct following the incident review meeting.

 

F.     Requirement of Medical Amnesty and Bystander Status

 

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

 

a.       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. This may include a follow-up meeting with Counseling Services for an Alcohol and Other Drug Assessment when appropriate.

 

2.       In addition, students granted Medical Amnesty or Bystander Status may be charged with a violation of Compliance with Directives under the Student Code of Conduct if they fail to complete any required assessments, educational interventions, or follow-up measures assigned as part of the Medical Amnesty and Bystander Invention process.

A.     Determination of Interim Actions

 

1.       Assistant Dean of Students and Director of Student Conduct, or designee may impose interim actions prior to, or during an Incident Review Meeting, student conduct hearing board, 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 to protect university property.

 

b.       To safeguard the physical or emotional safety and well-being of students.

 

c.       To preserve the integrity of the investigative and/or student conduct process.

 

d.       If a registered student organization poses a threat of disruption of or interference with the normal operations of the University; or

 

e.       In any other situation, where the Assistant Dean of Students and Director of Student Conduct, or designee determines, in its sole discretion, 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 determine and implement interim actions. It may select any action it deems necessary from all the available actions that it finds appropriate based on the specific circumstances. When an interim action is imposed, the Office of Student Conduct will initiate the formal student conduct process as promptly as possible ensuring compliance with applicable due process requirements. Students who are placed on an interim suspension may request a review within two (2) business days of the effective date of the interim suspension unless circumstances warrant an extension. The Assistant Vice President and Dean of Students and/or designee will conduct a review of any materials submitted by the student and will issue a written determination within five (5) business days after receipt of the materials. The determination will indicate whether 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 notification. 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 Assistant Dean of Students and Director of Student Conduct and/or designee may impose an interim suspension on a student or registered student organization following a sufficient inquiry to determine that such action is appropriate. An interim suspension may be implemented prior to the initiation of, or during, the formal student conduct process. Students placed on interim suspension may not reside in university housing or attend classes until the suspension is lifted. Registered student organizations placed on interim suspension must immediately cease all programs, meetings, events, and other organizational activities until the interim suspension is removed.

 

2.       Interim No Contact Order: The Assistant Dean of Students and Director of Student Conduct and/or designee, may impose an interim No Contact Order between students, registered student organizations, and any other member of the University community when deemed necessary to protect the safety, well-being, or rights of those involved.

 

3.       Interim No-Trespass Order: The Assistant Dean of Students and Director of Student Conduct, Director of Campus Safety, or designee may impose an interim No-Trespass Order on a student or registered student organization. This order may restrict access to specific areas or locationss on campus, including but not limited to residence halls, academic buildings, and University-sponsored events, as deemed necessary to protect the safety and welfare of the University community.

 

4.       Interim Student Employment Removal: The Assistant Dean of Students and Director of Student Conduct and/or designee may impose a temporary removal from student employment when deemed necessary based on the nature of the alleged misconduct or to protect the integrity of the investigative or conduct process.

 

5.       Interim Residence Hall Restrictions: The Assistant Dean of Students and Director of Student Conduct and/or designee, may impose a residence hall restriction, housing reassignment, or other relevant residential limitations on students or registered student organizations, as appropriate, to support the safety, well-being, or orderly operation of the residential community.

 

6.       Interim Registered Student Organization On-Campus Restrictions: The Assistant Dean of Students and Director of Student Conduct and/or designee, may impose limitations or restrictions on a registered student organization regarding any official or unofficial on-campus activities for the duration, or any portion, of the Registered Student Organization Conduct process.

 

7.       Interim Registered Student Organization Off-Campus Restrictions: The Assistant Dean of Students and Director of Student Conduct and or designee, may impose limitations or restrictions on a registered student organization regarding any official or unofficial off-campus activities for the duration, or any portion thereof, of the Registered Student Organization Conduct process.

 

C.     Sanctioning

 

1.       The 香蕉視頻_91香蕉_蜜桃傳媒a has an educational philosophy regarding sanctioning for responding students and Registered Student Organizations. Sanctions are determined based on the nature of the violation and the severity of the misconduct, with the goal of promoting accountability, learning, and community well-being.

 

2.       Students and/or Registered Student Organizations determined responsible for misconduct, as outlined in the Student Code of Conduct, will receive a standard disciplinary sanction. Additional sanctions may also be imposed in conjunction with the standard sanction, depending on the circumstances of the violation.

 

3.       Except in cases involving sexual misconduct and relationship violence, the Office of Student Conduct shall have sole authority to make the final determination regarding the appropriate sanction for student misconduct.

 

4.       For students and/or Registered Student Organizations determined responsible for sexual misconduct and relationship violence, as well as for Registered Student Organizations responsible for any other misconduct, the Assistant Vice President for Student Affairs and Dean of Students, or their designee, shall have sole authority to make the final determination regarding the appropriate sanction based on the conduct in question.

 

D.     Standard Disciplinary Sanctions

 

1.       Disciplinary Reprimand is a standard disciplinary sanction issued by the Office of Student Conduct. It serves as a formal written warning to a student regarding behavior that violates the Student Code of Conduct. A Disciplinary Reprimand signals that the student’s conduct is considered problematic and requires correction.

 

2.     Disciplinary Probation is a standard disciplinary sanction issued by the Office of Student Conduct. It places a student on probationary status prior to the imposition of more severe sanctions such as Deferred Suspension, Suspension, or Expulsion. The probationary period will last for the duration specified and may run consecutively following a Deferred Suspension. Students on Disciplinary Probation may be required to complete additional educational sanctions as conditions of their probation. Any further violations of the Student Code of Conduct during the probationary period may result in Deferred Suspension, Suspension, or Expulsion from the University.

 

3.     Deferred Suspension is a standard disciplinary sanction issued by the Office of Student Conduct and represents the highest level of probationary status prior to Suspension or Expulsion. The duration of the Deferred Suspension will be specified and will supersede any other probationary status previously assigned during that period. Students on Deferred Suspension may be required to complete additional educational sanctions as conditions of their probation. Any further violations of the Student Code of Conduct during the Deferred Suspension period may result in Suspension or Expulsion from the University.

 

4.       Suspension* is a standard disciplinary sanction issued by the Office of Student Conduct. Suspension entails the immediate termination of a student’s registration at The 香蕉視頻_91香蕉_蜜桃傳媒a for a specified duration, not to exceed four (4) years. Upon completion of the student conduct process resulting in suspension, the student will be withdrawn from all courses and a hold will be placed on their student account, preventing course registration. This hold will remain in effect until the end date of the suspension. Prior to re-enrollment, students must complete the Student Conduct Suspension Clearance Process and submit a Student Conduct Suspension Clearance Petition form. Additionally, students may be required to reapply for admission as determined by the Office of Admissions.

 

5.     Expulsion* is a standard disciplinary sanction issued by the Office of Student Conduct. Expulsion results in the immediate and permanent termination of a student’s registration at The 香蕉視頻_91香蕉_蜜桃傳媒a, effective as of the date specified. Upon completion of the student conduct process, expelled students will be withdrawn from all courses. A permanent hold will be placed on their student account, preventing any future course registration at the University.

 

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

 

E.     Additional Disciplinary Sanctions

 

1.       Campus Service is an additional disciplinary sanction issued by the Office of Student Conduct. It requires students to provide assistance to a 香蕉視頻_91香蕉_蜜桃傳媒a-affiliated office or program for a specified number of hours. Students must obtain approval from the Office of Student Conduct prior to beginning their campus service hours. Registered student organizations must seek approval from the Assistant Dean of Students and Director of Student Conduct, or designee, before commencing campus service activities.

 

2.       Community Service is an additional disciplinary sanction issued by the Office of Student Conduct. It requires students to provide assistance to the broader 香蕉視頻_91香蕉_蜜桃傳媒a community for a specified number of hours. These hours must be completed off-campus with an organization unaffiliated with the University. Students must obtain approval from the Office of Student Conduct prior to beginning their community service hours. Registered student organizations must seek approval from the Assistant Dean of Students and Director of Student Conduct, or designee, before commencing community service activities.

 

3.       Conduct Fines are an additional disciplinary sanction issued by the Office of Student Conduct. Students who have been assessed a conduct fine are required to pay the specified amount to the University Bursar’s Office by the designated deadline.

 

4.     Deferred Termination of Residency is an additional disciplinary sanction issued by the Office of Student Conduct. Deferred Termination of Residency is a probationary status for students who reside in university housing and is specific to violations committed within university housing. The Deferred Termination of Residency status will be for the duration listed above and may run concurrently with other standard disciplinary sanctions such as Disciplinary Probation and Deferred Suspension. Students placed on Deferred Termination of Residency are subject to their housing contract terminated for further violations of the Student Code of Conduct and/or Campus Living Policies.

 

5.       Discretionary Sanctions 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

 

f.        Permanent No-Contact Orders

 

g.       3rd Millennium Prevention Modules

 

6.      Housing Room Reassignment is an additional disciplinary sanction issued by the Office of Student Conduct. This sanction requires students to vacate their current housing assignment and be relocated to a different housing assignment by the Office of Residence Life and Housing.

 

7.       Involuntary Course Withdrawal is an additional disciplinary sanction issued by the Office of Student Conduct. This sanction requires the removal of a student from a specific registered course. When deemed appropriate by the University, the course withdrawal will take effect immediately. Students who are involuntarily withdrawn from a course will not receive academic credit or a refund for that course.

 

8.      IMPACT Feedback and Alcohol and Other Drug Assessment (IMPACT) is an additional disciplinary sanction issued by the Office of Student Conduct. This sanction requires assigned students to complete an online survey and participate in any required follow-up appointments with Counseling Services based on their survey results.

 

9.      Marijuana 101 is an additional disciplinary sanction issued by the Office of Student Conduct. This sanction requires students to complete the 3rd Millennium Marijuana 101 online course.

 

10.    No-Contact Order is an additional disciplinary sanction issued by the Office of Student Conduct. No Contact Orders prohibit direct contact such as phones calls, emails, text messaging and posts through social media directly about students who are mentioned within the No Contact Order.

 

11.    Parental Notifications are an additional disciplinary sanction issued by the Office of Student Conduct. These notifications are made for certain violations of University policy in accordance with the Family Educational Rights and Privacy Act (FERPA). The Office of Student Conduct will provide information consistent with FERPA exemptions to a student’s parent or legal guardian. Notifications will be sent via U.S. mail to the student’s permanent address on file with the University.

 

12.    Prevention Fees are an additional disciplinary sanction issued by the Office of Student Conduct. These fees are associated with violations related to alcohol, drugs, and drug paraphernalia and are intended to prevent further violations by supporting preventative educational programming. Higher Prevention Fees may be imposed for repeated violations of University policy.

 

13.    Registration Hold is a sanction placed directly on a student’s University account that prohibits registration for classes or any changes to their academic schedule until the hold is lifted.

 

14.    Restitution is an additional disciplinary sanction issued by the Office of Student Conduct. It requires students to compensate the University for damage, destruction, or misuse of University property resulting from their actions or negligence.

 

15.    Registered Student Organization On-Campus Restrictions are additional disciplinary sanctions issued by the Office of Student Conduct. These restrictions impose limitations on a registered student organization’s participation in any official or unofficial on-campus activities, including social events.

 

16.    Registered Student Organization Off-Campus Restrictions are additional disciplinary sanctions issued by the Office of Student Conduct. These restrictions impose limitations on a registered student organization’s participation in any official or unofficial off-campus activities, including social events.

 

17.    Residential Restricted Access is an additional disciplinary sanction issued by the Office of Student Conduct. This sanction restricts students from accessing University residential facilities, except for the first and second floors of the Vaughn Center, first floor of the Grand Center and the dining area in Morsani Hall

 

18.    Restriction/Revocation of Privileges is an additional disciplinary sanction issued by the Office of Student Conduct. It involves the temporary suspension of a student’s access to certain privileges or services provided by the University.

 

19.    Termination of Residency is an additional disciplinary sanction issued by the Office of Student Conduct specifically for residential students. This sanction results in the termination of a student’s housing contract with the Office of Residence Life and Housing. Upon termination, students have five (5) business days from the completion of their student conduct process to vacate their assigned space and return their keys to the Office of Residence Life and Housing. Students whose residency is terminated for violations of the Student Code of Conduct and/or Campus Living Policies will not receive a refund of their deposit or housing fees.

 

20.    University Restricted Access is an additional disciplinary sanction issued by the Office of Student Conduct. This sanction prohibits students from accessing or being present on University property for the duration of the restriction.

 

21.    Vector AlcoholEdu for Sanctions is an additional disciplinary sanction issued by the Office of Student Conduct. This sanction requires assigned students to complete an online educational module through the Vector portal accessible via their MyUTampa account.

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