Procedures for Student Conduct Proceedings at Florida Atlantic University

 
  1. Complaints. Any person or entity may request that charges be filed against a student for alleged violation of law or University regulations or policies. An investigation may take place of the circumstances of the complaint. The complaint regarding a student’s conduct must be submitted as follows:

    1. Filing a police report with the University Police Department or requesting that a report from another law enforcement agency be sent to the University Police Department and referral to the Dean of Students; or providing a written and signed statement to the Dean of Students. Written statements should include all information and evidence the person making the complaint can produce.
    2. Reports must be made to either law enforcement or the appropriate administrator, within 6 months of the incident, or knowledge about the incident. No student may be charged with a violation to the Student Code of Conduct if the report is made past the 6 month period. The forgoing time limit shall not apply, however, when a University official in his/her reasonable professional discretion determines that the circumstance warrant a waiver of the 6 month time limit.
       
  2. When a complaint against a student is received by the Dean of Students, all other administrative processes and petitions at the University are suspended and may not be processed further until final disposition of the complaint or upon special permission by the Dean of Students.
     
  3. The Dean of Students will determine if there are reasonable grounds to believe that the allegations of the complaint are true, and if true, would constitute a violation of the University’s Code of Conduct.
    1. The Dean of Students may conduct an Investigation Conference with the student. This conference shall include the opportunity for the Dean of Students to interview and gather information from the student and an explanation of the process, the student’s rights and a review of the incident with the student. No student shall be required to testify against him/her.

    2. The Dean of Students may conduct an investigation with others as related to the incident or complaint.
    3. Nothing in this regulation shall prevent the mediation of a complaint when deemed appropriate by the University.
    4. Nothing in this regulation shall prevent the disposition of a complaint administratively by written agreement with mutual consent of the parties involved. Such disposition shall be final and there shall be no subsequent proceedings.
    5. If an alleged violation of the Student Code of Conduct is not handled through other appropriate channels, is not dismissed, or is not settled informally, then the Dean of Students may present in correspondence formal charges to the student
       
  4. Notice of Charges. The notification of charges shall be in correspondence and include: the specific Student Code of Conduct violations, a brief description of alleged offenses, the student’s rights, and an invitation to attend a Student Conduct Conference; the date and time of this Student Conduct Conference is also included.
    1. The Student Conduct Conference shall take place no sooner than five (5) business days, excluding holidays and weekends, from the date of Notice of Charges, except in cases of emergency as described below, or unless waived by the student.
    2. If a hold on registration is not already in effect, as an Emergency Measure, upon issuing the Notice of Charges the Dean of Students may place a hold on registration until final disposition of the complaint.
       
  5. Student Conduct Conference. After the Notice of Charges has been issued, a Student Conduct Conference may be scheduled.
    1. There are no witnesses called and it consists primarily of a discussion between the charged student and the Dean of Students in an effort to resolve the matter.
    2. The Student Conduct Conference is not audio taped or recorded.
    3. At the conclusion of the Student Conduct conference, the charged student may accept or deny responsibility for the Student Code of Conduct violations listed on the Notice of Charges.
    4. If the charged student chooses to accept responsibility on forms provided by the University (which forms shall describe the effect of waiving a Hearing), or fails to attend the Student Conduct Conference, thereby accepting responsibility for the charges, the Dean of Students may assess such sanctions as are deemed appropriate. This acceptance of responsibility or failure to appear shall constitute the charged student’s waiver of a formal Hearing and right of appeal. The student retains the right only to appeal the severity of the sanction imposed.
    5. Any sanctions imposed in cases where the charged student accepts responsibility or fails to attend the Student Conduct Conference will be communicated in correspondence to the charged student within seven (7) business days of the Student Conduct Conference
       
  6. Formal Disposition by Hearing: When a charged student denies responsibility, a Hearing shall be scheduled no less than five (5) business days after the date of the Student Conduct Conference, except in cases of emergency as specified below, or unless waived by the student.
    1. A formal disposition by Hearing is defined as any Hearing before the Student Conduct Board or a University Hearing Officer.
    2. The student may choose to have his/her Hearing before the Student Conduct Board or a University Hearing Officer. This choice shall be made at the Student Conduct Conference.
    3. If the student does not choose an option, the Hearing shall be heard by a Hearing Officer.
       
  7. Notice of Hearing. The notification of Hearing shall be in correspondence and include:
    1. The date, time, and location of the Student Conduct Board or Hearing Officer Hearing.
    2. Reference to this Regulation 4.007, his/her rights and the Hearing procedures.
    3. A reasonable date, time, and location for an Information Session, during which the student and his/her advisor may review a potential witness list and all materials to be used by the University in his/her case, which shall be no less than three (3) business days prior to the Hearing. The University shall also have the right to review all of the student’s materials and list of witnesses to be used in the case. In cases where the Hearing is heard by a Hearing Officer, the charged student shall have the opportunity to challenge the impartiality of the Hearing Officer within three (3) business days of notification. The student shall state in correspondence the basis for such challenge. A Hearing Officer so challenged may be replaced by the Dean of Students for good cause shown. In the event that a student has opted not to challenge the impartiality of a Hearing Officer prior to the allotted three (3) business days, the assigned Hearing Officer shall remain as scheduled.
       
  8. Postponement of Hearing. The student may request postponement of a Student Conduct Board Hearing or Hearing Officer Hearing in correspondence to the Dean of Students. The Dean of Students may grant a postponement when the circumstances presented demonstrate that a postponement is necessary to ensure fairness to the process or on any other reasonable grounds. The Dean of Students may postpone the Hearing on the University’s behalf for administrative reasons.
     
  9. In compliance with Title IX, Florida Atlantic University prohibits discrimination and harassment on the basis of sex. Individuals with questions or concerns about Title IX, and/or those who wish to file a complaint under Title IX, may contact the University’s Title IX Coordinator as follows:
    Director
    Equal Opportunity Programs
    http://www.fau.edu/eop/ 
    (561) 297-3004


FAU Campuses: Boca Raton/Davie/Dania Beach/Fort Lauderdale/Jupiter/Treasure Coast Boca Raton Campus Danie Beach Campus Davie Campus Fort Lauderdale Campus Harbor Branch Campus Jupiter Campus Treasure Campus
 Last Modified 8/26/12