Rights of the Accused
Rights of the Victim
In some situations, not only does a student’s conduct violate residence hall policy, but also victimizes another member of the University community. Examples of these situations include theft, damage to personal property, intimidation, harassment, academic misconduct, physical and/or sexual assault, sexual harassment, and behaviors that endanger personal safety. The University community includes, but is not limited to, students, staff, faculty, parents, campus neighbors, campus visitors, and any agency that is engaged in a legitimate business transaction with the University (e.g., vendors). When someone is identified as a victim, the judicial process affords him or her certain rights. When a complaint is filed against a student, it is important to remember that the student is being charged with violating a specific University or housing policy; therefore, the University is ultimately responsible for determining what charges are appropriate, the proper hearing official, and the resolution of the situation. If a victim withdraws the complaint, the University may or may not proceed with the case.
Victims are entitled to the following rights:
Students are entitled to request an appeal for each incident. The criteria for filing an appeal are limited to:
Appeals of the decision from the Housing and Residence Life staff should be directed to the Director of Student Conduct and Conflict Resolution (SCCR). Appeals must be submitted in writing with ten days of the date on the decision letter. A student is not at risk of a more severe sanction when filing an appeal. While an appeal is pending, sanctions are suspended until the Appeal Officer has acted upon the request and a final resolution has been reached. An exception may occur when a potentially volatile or dangerous situation exists. When the student files the appeal, s/he must schedule an appointment for the appeal to be heard.
The Appeal Officer in the appeal may:
Confidentiality of Records
In order to protect your rights as a resident and University student, the Office of the Conduct and Community Standards will maintain written records on all disciplinary action. Access to these records is restricted to the student, individuals who have the expressed written consent of the student to review the records, and University officials who have a legitimate educational interest in reviewing a student’s records.
The names of the persons involved in a particular case are not public information and as such are subject to the same restraints. All records are kept for a period of six years from the student’s date of matriculation (the date the student entered the university) in the Dean of Student’s Office. Disciplinary Records, Academic Records, Conduct records, honor violations, and law violations are kept in Student Conduct and Conflict Resolution.
These files are separate from academic transcripts and are confidential.
In extreme cases where suspension or expulsion are involved, an overlay will be placed on the academic transcripts for as long as the sanction is in force. Records in Student Conduct and Conflict Resolution, excluding records of students who are expelled, are maintained for six years from the time of matriculation to the University. A student may, at the time of graduation, request in writing that his/her disciplinary record be destroyed. The record will be evaluated by the Director of Student Conduct and Conflict Resolution who will make the decision concerning the keeping or destruction of that record. This decision will be made in accordance with provisions set forth in sections 6CI-4.26(3) of the Florida Administrative Code which stipulates that records of students who have serious offenses or two or more offenses will not be destroyed until six years from matriculation. Records of students who are expelled are permanent.
The Family Education Rights and Privacy Act of 1974 (FERPA) and the Buckley Amendment
In this day of concern over privacy in every form, the University of Florida assures the confidentiality of student educational records in accordance with State University System rules, state statutes, and the Family Education Rights and Privacy Act of 1974 (aka The Buckley Amendment.)
Basically, the Buckley Amendment states that access to confidential information, beyond that required for normal business of the University of Florida, may be granted only to the student. The only information that may be publicly released is directory information, which includes items such as name, class, college, major, and telephone number. Non-directory information, such as grades and/or disciplinary records, will not be released to a third party without express written consent of the student. The exception to this rule is for parents of dependent students, as defined by the IRS. Upon presentation of proof, noting this exception, to the University Registrar’s Office, parents have the same rights as their students. All students, however, will be notified of the release of the information to a third party.
The following policy is in effect to notify parents or guardians of students involved in alcohol and other drug cases at the University of Florida. For the following situations, the Division of Student Life may notify the student’s guardian: If a student who is claimed as a dependent by his or her parents or guardians pursuant to the Internal Revenue Code is found responsible for violating the campus conduct code’s underage consumption, possession, or drug rules twice during the same term or for a third time regardless of the length between violations, the student’s parent/guardian will be notified in writing.
If a student is transported to an emergency medical treatment center for drug use or intoxication, the student’s parent/guardian may be notified by telephone. Parent Notification Policy for Drug, Alcohol, and Campus DUI Cases
The following policy is in effect to notify parents or guardians of students in alcohol and other drug cases in the University of Florida.
If a registered student is claimed as a dependent by his or her parents or guardians pursuant to the Internal Revenue Code is found responsible for violating the campus conduct code’s underage consumption, possession, or drug rules twice during the same term or for a third time regardless of the length of time between violations, the student’s parents or guardians may be notified in writing by the Division of Student Life.
If a registered student is transported to an emergency medical treatment center for drug use or intoxication, the student’s parents or guardians may be notified by a telephone call from the Division of Student Life if necessary to protect the health or safety of the student or other individuals.
The Associate Vice President for Student Life will be making the telephone calls to the parents or guardians to avoid any conflict with the student disciplinary procedure in which the Dean of Students and the Vice President for Student Life hear judicial appeals.