Students at Florida’s public universities have certain rights in conduct and honor code cases that don’t come only from their school. They come from Florida law and from the Florida Board of Governors, which oversees the State University System. Section 1006.60 of the Florida Statutes lists student rights in these proceedings, including a presumption that no violation occurred, and Board of Governors Regulation 6.0105 requires each public university’s code of conduct to protect the rights of accused students. Each university, including UF, FSU, UCF, USF, and FIU, applies these baseline rules through its own code.
A note on rules: statutes, regulations, and university codes are amended over time, and the rules that govern any particular case are the ones in effect for that case. This article describes these rules as published. The current statute, regulation, and university code are the controlling sources.
What Does Florida Law Say About Student Rights?
Section 1006.60 of the Florida Statutes lists rights for students in conduct proceedings, including the right to a presumption that no violation occurred.
The statute defines the preponderance of the evidence standard as meaning that the information presented supports a finding that it is more likely than not that the student committed the violation. It also provides a right to an advisor or advocate, who may not serve in any other role in the case, such as investigator, decision-maker, hearing officer, or appeal decider.
What Does the Board of Governors Regulation Require?
Board of Governors Regulation 6.0105 requires each state university to establish a student disciplinary system that protects the rights of accused students and to include a written description of students’ rights and responsibilities in its code of conduct.
The regulation also requires a provision stating that the burden of proof in a disciplinary proceeding is not on the accused student. It requires each university to describe its internal appeal process and provides that no one who participated in the original proceeding may hear or decide the appeal. When a university suspends or expels a student, the regulation requires notice of the student’s right to appeal to an external judicial forum.
How Do Florida Universities Apply These Rules?
Each university writes the statewide requirements into its own regulations. Florida International University’s student conduct regulation, for example, states that respondents are presumed not responsible, that the university bears the burden of proof, and that the standard of proof is a preponderance of the evidence. FIU’s regulation also describes an advisor as any person the student chooses, giving examples that include a parent, faculty member, or attorney.
The University of Florida’s Regulation 4.040 likewise states that it complies with Florida Statute 1004.097 and Board of Governors Regulation 6.0105, and that any provision that conflicts with them is invalid.
Can Conduct Off Campus Be Disciplined?
Yes, in some circumstances. Board of Governors Regulation 6.0105 provides that a student may be subject to discipline for conduct that violates the university’s code of conduct even where the conduct occurs off campus.
Can a University Withhold a Diploma During a Case?
Section 1006.60 lists the withholding of diplomas or transcripts pending completion of the student judicial process among the actions available to institutions. In other words, an unresolved case can delay a diploma or transcript.
Common Misconceptions About Florida Student Rights
“Each school makes up its own rules from scratch.” Florida law and Board of Governors Regulation 6.0105 set baseline requirements that public universities build into their codes.
“The student has to prove innocence.” Florida law provides a presumption that no violation occurred, and the Board’s regulation provides that the burden of proof is not on the accused student.
“There’s no way to challenge a suspension outside the university.” The Board’s regulation requires notice of the student’s right to appeal to an external judicial forum when a student is suspended or expelled.
“A pending case can’t affect my diploma.” Florida law lists withholding diplomas or transcripts pending completion of the judicial process among available actions.
Frequently Asked Questions
What is Florida Statute 1006.60?
A Florida law addressing codes of conduct and discipline that lists student rights in conduct proceedings, including a presumption that no violation occurred and the right to an advisor or advocate.
What is Board of Governors Regulation 6.0105?
A Florida Board of Governors regulation requiring each state university to establish a student disciplinary system that protects the rights of accused students.
Who has the burden of proof in a Florida university conduct case?
Board of Governors Regulation 6.0105 provides that the burden of proof is not on the accused student.
Can I bring an attorney to a conduct case at a Florida public university?
Florida law provides a right to an advisor or advocate, and university codes such as FIU’s list an attorney as an example of an advisor, though advisors’ roles in hearings are limited by each code.
Representation in Florida University Conduct and Honor Code Cases
Every case turns on its specific facts and on the rules in effect at the time, and statutes, regulations, and codes can change. Attorney Richard Asselta is a student defense attorney who represents students in academic misconduct and conduct cases at Florida universities and at colleges nationwide. See also conduct violations in college. Call 855-338-5299.