Student Code of Conduct
Any student who accepts the privilege extended by the laws of Florida of attending Eastern Florida State College gives his or her consent to the policies of the College, the State Board of Education, and the laws of Florida.
This Code of Conduct broadly applies to conduct occurring either on or off campus that substantially disrupts or interferes with the College’s programs or mission, a civil and safe environment conducive to learning and inquiry, or the rights of other students and College employees to be secure and to be let alone. It applies to conduct that actually causes such disruption or interference, or that is reasonably forecasted to do so.
Student Code of Conduct proceedings are intended to be prompt, fair and impartial. The formal rules governing criminal or civil courts, including the rules of evidence, are not applicable to these proceedings. However, except for interim action (see 201.5.2 below), no disciplinary sanction may be imposed on a student unless and until the student has been notified in writing of the alleged violation(s) and afforded a meaningful opportunity to be heard. While students shall be afforded the opportunity to be heard, proper decorum is expected and required at all times. Abuses may result in the immediate termination of any proceeding and additional charges under the Code of Conduct.
The College may impose discipline for violation of, or an attempt to violate, any of the standards of conduct set forth in Appendix A, except for allegations of Sexual Misconduct, which shall be processed in accordance with College Procedure 800.10.
Students have the right to a presumption that no violation occurred. The College has the burden to prove, by a preponderance-of-the-evidence, that a violation occurred. Preponderance-of-the-evidence means that the information presented supports the finding that it is more likely than not that the violation was committed by the student.
In addition, students charged with violating the Student Code of Conduct are entitled to the following:
- The right to an impartial hearing officer;
- The right against self-incrimination and the right to remain silent. Such silence may not be used against the student;
- The right to present relevant information and question witnesses;
- The right to an advisor or advocate who may not serve in any other role, including as an investigator, decider of fact, hearing officer, member of a committee or panel convened to hear or decide the charge, or any appeal;
- The right to have an advisor, advocate, or legal representative, at the student's own expense, present at any proceeding, whether formal or informal. Such person may directly participate in all aspects of the proceeding, including the presentation of relevant information and questioning of witnesses;
- The right to appeal the final decision of a hearing officer as provided herein. Appeals may not be heard by College officials who directly participated in any other proceeding related to the charged violation;
- The right to an accurate and complete record of every disciplinary proceeding on or after July 1, 2021, relating to the charged violation of the code, including record of any appeal, to be made, preserved, and available for copying upon request by the charged student; and
- The right to dismissal of any charge brought more than 1 year from the date of the alleged conduct. Such limitations period may be extended or waived for good cause, such as when the College was not made aware of the alleged conduct until after such limitations period had expired. Good cause determinations shall be made by the Dean of Students in consultation with appropriate College officials.
For purposes of this procedure, the term “student” shall mean:
- All persons enrolled in one or more EFSC courses, including on-campus courses, virtual (eLearning, online, hybrid) courses, and continuing education courses, even if they are also enrolled as students in another educational institution;
- All persons who are not officially enrolled at EFSC for a particular term, but have a continuing relationship with EFSC or intend to enroll in a future term, including without limitation persons enrolled in the spring and fall semesters who engage in misconduct during the summer, and students who are first time enrollees, or applicants, who engage in misconduct prior to the time of enrollment; and
- Student groups and organizations may be held collectively responsible when violations of the code by those associated with the group or organization have received approval, express or implied consent, or encouragement of the group or organization or of the group’s or organization’s leaders or officers.
This definition also includes persons who may have committed violations of the Code of Conduct while a student, but may no longer be actively enrolled at EFSC.
For purposes of this procedure, references to “day(s)” shall mean calendar day(s), while references to “business day(s)” shall mean Monday through Thursday. Relevant timeframes are held in abeyance during any official breaks, closures, or holiday observances.
Level of disciplinary sanctions related to violations of the Code of Conduct include, but are not limited to: verbal/written warning, disciplinary censure, disciplinary probation, final disciplinary probation, suspension, and/or expulsion. A complete list of disciplinary sanctions is set forth in Appendix B.
Students with a good faith scheduling conflict may request a continuation of any noticed proceeding if such request is submitted in writing to the presiding College official not less than 24 hours prior to the scheduled proceeding. If a student fails or refuses to attend any scheduled proceeding, the student consents to the presiding College official conducting the proceeding in the student’s absence. Students are responsible to arrange for the presentation of any relevant information and witnesses on their behalf. The College cannot compel any person to attend any proceeding on behalf of a student. The presiding College official shall have the authority to exclude irrelevant or cumulative information, and to limit the number of live witnesses in order to avoid unreasonable delays where the testimony is irrelevant or cumulative.
Students may have an advisor (one person) in attendance for any proceeding. Any advisor serves at the student’s own expense and initiative (the College is not responsible for recommending or providing an advisor for any student). A person may not serve as an advisor if their service would unreasonably conflict with or disrupt the fair administration of the matter under consideration, as determined by the presiding College official. An advisor’s main role is to advise the student. A student may consult with an advisor at any time, provided such consultation does not disrupt or unreasonably delay the proceeding. If an advisor does not adhere to their defined role, they may be removed from the proceeding in the presiding College official’s sole discretion. Students must provide the identity of any advisor, as well as a signed FERPA waiver, to the presiding College official at least 2 business days prior to the proceeding, which will not be adjourned or continued due to a claimed scheduling conflict of the student’s chosen advisor.
Any action taken against a student pursuant to College Procedure 201.7 (Trespass on College Property) does not prohibit any proceeding under the Student Code of Conduct based on the same or other alleged misconduct by the student. Trespassed students may not appear in person at any proceeding under the Student Code of Conduct but will be afforded the opportunity via teleconference to be heard and present relevant information, witness testimony (including written witness statements), and any other documentary evidence supporting the student’s position.
Except as provided herein, proceedings under the Student Code of Conduct may not be recorded (audio or video), televised, live-streamed, or otherwise electronically or telephonically disseminated or captured without the express written consent of the presiding College official.
Deviations from this procedure shall not invalidate a proceeding or resulting decision, except where such deviation has clearly resulted in significant prejudice to an accused student or to the College.
The College President has designated the Vice President for Academic and Student Affairs/CLO to authorize a student’s suspension or expulsion in accordance with this procedure.