Conduct Process

Alleged violations of the Student Code of Conduct will be generally processed as follows: 


  1. Preliminary Review. Upon receipt of information alleging conduct by a student that may violate any provision of the Student Code of Conduct, the matter shall be referred to the Dean of Students (or designee) who will conduct a preliminary review to determine an appropriate course of action.
  2. No Action. If the Dean of Students (or designee) determines that the alleged conduct does not require disciplinary action under the Student Code of Conduct, the matter may be closed, subject to the right of the College to reopen for good cause.
  3. Notice of Charges. If alleged conduct warrants disciplinary action under the Student Code of Conduct, the student must be provided with a written Notice of Charges, which must include at a minimum the following:
    1. Description of the allegations to be investigated;
    2. Citation to the specific section(s) of the Student Code of Conduct alleged to have been violated;
    3. Description of the process to be used in determining whether a violation has occurred and associated rights;
    4. Date, time, and location of the applicable disciplinary proceeding, which may not be held until at least 7 business days after the delivery date of the Notice of Charges; and
    5. Notice that the student must be provided with a list of all known witnesses that have provided or will provide information against the student and all known information relating to the alleged conduct (including inculpatory and exculpatory information) at least 5 business days prior to the applicable disciplinary proceeding.

      The Notice of Charges may be provided by delivery to the student’s College email account.
  4. Conduct Hearing and Appeal. The College official designated to preside over the Conduct Hearing (“Hearing Officer”) will generally begin by asking whether the student admits or denies responsibility for the charged violation(s).
    1. If the student admits responsibility for the charged violation(s), the Hearing Officer will afford the student an opportunity to be heard on the issue of sanctions before determining any sanctions.
    2. If the student denies responsibility as to any charge(s), the Hearing Officer will afford the student an opportunity to be heard on the charged violation(s) and present any relevant information, witness testimony (including written witness statements), and any other documentary evidence supporting the student’s position. The student will also be afforded an opportunity to be heard on the issue of sanctions. This may occur during the same meeting or at subsequent meetings at the sole discretion of the Hearing Officer. Upon conclusion of the Conduct Hearing, the Hearing Officer will consider all available and relevant information and decide whether the student is responsible for the charged violation(s) based upon a preponderance-of-the-evidence standard of review. If the Hearing Officer finds the student responsible on one or more charges, he or she will also determine the appropriate sanctions. The decision of the Hearing Officer shall be communicated in writing to the student via the student’s College email address within 7 days of the conclusion of the Conduct Hearing, unless extenuating circumstances that resulted in a delay are communicated in writing to the student. The decision of the Hearing Officer shall constitute the College’s final agency action, unless the student timely appeals the decision in accordance with the following section.
    3. If a student admits responsibility or is found responsible on one or more charges, no later than 7 days after service of the decision, the student may submit a written appeal of the decision and/or imposed sanctions to the Dean of Students.  A student’s appeal may only be based upon one or more of the following: (1) improper procedures that materially affected the result; (2) newly discovered information or evidence that was not reasonably available at the time of the Conduct Hearing through the exercise of diligence by the student, and that would have a materially altered the result; or (3) the sanction imposed was inappropriate for the violation(s). The Dean of Students (or designee) shall consider the merits of an appeal only on the basis of the above listed grounds for appeal. A student’s dissatisfaction with the result is not a valid ground for appeal. Any sanctions imposed will not be stayed during the appellate process, as the original result and sanction are presumed correct. Students may not present any oral argument on appeal unless specifically requested by the Dean of Students (or designee), who may affirm the original result, alter the finding(s) of responsibility, alter the sanctions, or remand the matter for further Conduct Hearing proceedings.   Within 14 days of the student’s submission of the written appeal, the Dean of Students (or designee) shall inform the student in writing of the outcome of the appeal via the student’s College email address, unless extenuating circumstances that resulted in a delay are communicated in writing to the student. The appeal decision of the Dean of Students (or designee) shall constitute the College’s final agency action, unless the matter is remanded for further Conduct Hearing proceedings.  
  5. Suspension/Expulsion Hearing and Appeal. If the alleged conduct could reasonably be expected to result in a suspension or expulsion from the College, the Dean of Students (or designee) will serve as the Hearing Officer and conduct a Suspension/Expulsion Hearing, which may be recorded (audio or video) or transcribed at the sole discretion of the College. The College President waives the 14 day notice of hearing requirement for any Suspension/Expulsion Hearing for purposes of Section 120.81(1)(h), Florida Statutes. Any recordings or transcripts will be the property of the College. The Dean of Students (or designee) will generally begin a Suspension/Expulsion Hearing by asking whether the student admits or denies responsibility for the charged violation(s).
    1. If the student admits responsibility for the charged violation(s), the Dean of Students (or designee) shall afford the student an opportunity to be heard on the issue of sanctions before determining any sanctions. If the Dean of Students (or designee) determines that a suspension or expulsion is warranted, they will make such recommendation to the Vice President for Academic and Student Affairs/CLO. Otherwise, the Dean of Students (or designee) shall determine the appropriate sanction(s).
    2. If the student denies responsibility as to any charged violation(s), the Dean of Students (or designee) shall afford the student an opportunity to be heard on the charged violation(s) and present any relevant information, witness testimony (including written witness statements), and any other documentary evidence supporting the student’s position. The student will also be afforded an opportunity to be heard on the issue of sanctions. This may occur during the same hearing or at subsequent hearings at the sole discretion of the Dean of Students (or designee). Upon conclusion of the hearing, the Dean of Students (or designee) shall consider all available and relevant information and decide whether the student is responsible for the charged violation(s) based upon a preponderance-of-the-evidence standard of review. If the Dean of Students (or designee) finds the student responsible, he or she will then determine whether a suspension or expulsion is warranted, and if so, the Dean of Students (or designee) will make such a recommendation to the Vice President for Academic and Student Affairs/CLO. Otherwise, the Dean of Students (or designee) shall determine the sanction(s). The decision of the Dean of Students (or designee) shall be communicated to the student via the student’s College email address within 7 days of the conclusion of the Suspension/Expulsion Hearing, unless extenuating circumstances that resulted in a delay are communicated in writing. The decision of the Dean of Students (or designee) shall constitute the College’s final agency action, unless a suspension or expulsion is recommended, or the student timely appeals the decision in accordance with the following section.
    3. If a student admits responsibility or is found responsible on one or more charges, no later than 7 days after service of the decision, the student may submit a written appeal of the decision and/or imposed sanctions to the Associate Vice President for Student Affairs. A student’s appeal may only be based upon one or more of the following: (1) improper procedures that materially affected the result; (2) newly discovered information or evidence that was not reasonably available at the time of the Conduct Hearing through the exercise of diligence by the student, and that would have a materially altered the result; or (3) the sanction imposed was inappropriate for the violation(s). The Associate Vice President for Student Affairs (or designee) shall consider the merits of an appeal only on the basis of the above listed grounds for appeal. A student’s dissatisfaction with the result is not a valid ground for appeal. Any sanctions imposed will not be stayed during the appellate process, as the original result and sanction are presumed correct. Students may not present any oral argument on appeal unless specifically requested by the Associate Vice President for Student Affairs (or designee), who may affirm the original result, alter the finding(s) of responsibility, alter the sanctions, or remand the matter for further Suspension/Expulsion Hearing proceedings. Within 14 days of the student’s submission of the written appeal, the Associate Vice President for Student Affairs (or designee) shall inform the student in writing of the outcome of the appeal via the student’s College email address, unless extenuating circumstances that resulted in a delay are communicated in writing to the student. The appeal decision of Associate Vice President for Student Affairs (or designee) shall constitute the College’s final agency action (if the student is not recommended for suspension or expulsion), unless the matter is remanded for further Suspension/Expulsion Hearing proceedings. 
    4. If a recommendation for suspension or expulsion is not appealed, or is affirmed on appeal, the Vice President for Academic and Student Affairs/CLO, as the designee of the College President, may authorize the student’s suspension or expulsion. The decision will be communicated to the student within 7 days via the student’s College email address, unless extenuating circumstances that resulted in a delay are communicated in writing to the student. The decision of the Vice President for Academic and Student Affairs/CLO, as the designee of the College President, shall constitute the College’s final agency action.