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    Florida State College at Jacksonville
   
 
  Oct 02, 2022
 
2022-2023 Catalog [Aug. 2022-Aug. 2023] 
  
2022-2023 Catalog [Aug. 2022-Aug. 2023]

Appendix: Expectations of Student Conduct


Florida State College at Jacksonville is dedicated to maintaining an environment that fosters student success. The College endeavors to protect the rights of students and also expects all students to act responsibly.

Attendance at the College is a privilege, and in order to maintain the College ideals of scholarship, character, and personality, the right is reserved by the College to establish rules and regulations to foster these ideals and protect the interest of the College. Each student is subject to federal and state laws, respective county and municipal ordinances, and all rules and regulations of the College.

Violations of published laws, ordinances, or rules and regulations may subject the violator to appropriate disciplinary action by College authorities.

Disciplinary action, unless otherwise provided by law, may include fines, the withholding of diplomas or transcripts pending compliance with rules, or payments of fines and the imposition of probation, suspension, or dismissal. Students shall be afforded due process prior to the administration of disciplinary action for violation of this rule.

Any act or behavior on the part of the student that tends to impair, interfere with, or otherwise disturb or obstruct the orderly conduct, processes, functions, and/or interests of the College is expressly prohibited. Such acts or behavior may include, but are not limited to, the following:

  1. Consumption of alcoholic beverages on campus, college affiliated housing and or at a College function.
  2. Illegal use or possession of illegal drugs or narcotics, medical marijuana and drug paraphernalia.
  3. Cheating or academic dishonesty in any form.
  4. The use of indecent or abusive language.
  5. Gambling.
  6. Bullying or harassment.
  7. Hazing as defined in Chapter 1006.63 Florida Statutes.
  8. Vandalism or destruction of property.
  9. Falsification of records.
  10. Unauthorized use of the College name.
  11. Lewd or indecent conduct or attire.
  12. Violence, or threat of violence against any member or guest of the College community.
  13. Theft or willful destruction of College property or of the property of members of the College.
  14. Interference with the freedom of movement of any member or guest of the College.
  15. Obstruction of the normal processes and activities of the College community.
  16. Deliberate interference with the rights of others.
  17. Violation of federal or state law, or county or city ordinance.
  18. Repeated offenses of a less serious nature.
  19. Sexual harassment, sexual assault, relationship violence, and sexual exploitation.
  20. Accessing, altering, or deleting College computer files/systems.
  21. Stalking, including cyber-stalking.
  22. Violation of the Computing Facilities Use Agreement.
  23. Cyber bullying/social media/electronic devices.
  24. Disorderly behavior.
  25. Trespassing or unauthorized access/entry.
  26. Failure to follow the direction of a College Official acting in their official capacity.
  27. Willfully refusing to follow college policy, procedures, or protocol.
  28. Any other offense reasonably deemed to be contrary to the best interest of the College.

Student Discipline Procedures

I. Responsibility for Discipline

The student conduct administrator or designee will be responsible for overseeing the student discipline process. All alleged student violations of Board Rules or College regulations will be referred to the student conduct administrator or designee. Any administrator, faculty member, career employee, student, guest of the College, or other College staff person may allege violations against any currently enrolled student, including those studying abroad.

II. Temporary Order of Suspension

In the case of a violation that clearly disrupts the orderly processes of campus operations/online environment or endangers the life of others, the student conduct administrator or designee may issue a temporary order of suspension or removal from the campus in order to protect the best interest of the College. In all cases of temporary suspension or removal from the campus, the student(s) involved shall be requested to remain off College property/online environment pending the scheduling of a hearing regarding the charges brought against the student(s).

The student conduct administrator or designee shall immediately notify the College President and the Vice President of Student Services of his/her action of temporary suspension and the Board Rule that allegedly has been violated. The student(s) involved will be notified in writing of a hearing and the nature of the charges. The Notice of Hearing Letter format shall be used to notify the student of the specific charges and the time and place for the hearing.

A written report of the incident and all other pertinent documentation shall be maintained in the appropriate student conduct system.

III. Initial Investigation of Discipline Problems

When the student conduct administrator or designee receives information that a student has allegedly violated a Board Rule or other College regulation, the appropriate conduct administrator or designee shall investigate the alleged violation(s). After completing the investigation, the student conduct administrator or designee may:

  1. Dismiss the allegation(s) as unfounded, either before or after conferring with the student(s) and/or other parties concerned.
  2. Recommend that the student participate in Informal Resolution process. Student accepts accountability for conduct violation and educational sanctions are assigned.
  3. Advise the student(s) of his/her rights to an administrative hearing by the student conduct administrator or designee or a campus/virtual discipline committee hearing; that formal charges are being filed based upon alleged violations of the specific District Board of Trustees Rules and/or Expectations of Student Conduct and that the witnesses and documentary evidence supporting the allegations will be prepared for use in the disciplinary hearing. Student(s) will receive a seven (7) day business notice of upcoming hearing date. Advise the student(s) of their right to have witnesses appear on their behalf and/or a legal advisor accompany them at the students' own expense.

Under ordinary circumstances, charge determinations should be made within 30 calendar days of student conduct's receipt of a complaint, unless extenuating circumstances require an additional review period.

When the charge involves sexual misconduct, the case will be referred to the Title IX Coordinator and will be processed in accordance with the Title IX/Sexual Misconduct/Relationship Violence policy (APM 11-0801) and the Resolution of Sexual Misconduct Complaints policy (APM 11-0802).

Florida State College at Jacksonville will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the results of any disciplinary hearing conducted by the College against the student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, Florida State College at Jacksonville will provide the results of the disciplinary hearing to the victim's next of kin, if so requested.

The President shall have authority, after notice to the student of the charge(s) and after a hearing thereon, to expel, suspend, or otherwise discipline any student who is found to have violated any rule or regulation of the District Board of Trustees or any law or ordinance, the violation of which has an adverse effect on the College. If the student conduct administrator or designee reasonably believes, after a hearing, that the charge(s) are accurate, the student conduct administrator or designee shall recommend suspension or appropriate sanction of the student to the College President together with reasons therefore and appropriate supporting documentation.

The College President shall, after a review of the recommendation, notify the student(s) of his/her decision on the matter. Such notification shall be made by certified mail, return receipt requested, and shall be effective immediately unless otherwise specified.

Throughout the investigative process and any subsequent administrative hearing or discipline committee hearing, the student(s) or organization retain the right against self-incrimination and the right to remain silent. Such silence may not be used against the student(s) or student organization.

IV. Administrative Hearing

A student may refuse an administrative hearing and elect a hearing before a campus/virtual discipline committee.

If the student accepts an administrative hearing, he/she shall sign a statement prepared by the student conduct administrator or designee that he/she understands the nature of the charge(s), his/her rights to a hearing, or the rights to waive the same, and accept whatever sanction may be imposed.

Minutes shall be kept of the administrative hearing and made available to involved student(s) upon request.

Written notification of the results shall be furnished, in cases when suspension, dismissal, or restitution is recommended, to the student, the Vice President of Student Services, and the appropriate Associate Provost, instructor(s) and Registrar, as appropriate.

V. Discipline Committee Hearing

If it is decided that a campus discipline committee hearing will be held, the student conduct administrator or designee will notify the student(s) to appear before the student discipline committee in connection with the alleged charge(s) by sending him/her written communication.

  • The letter shall direct the student(s) to appear at a specific time and place not more than 7 business days after the date of the letter. If participating in a virtual hearing, the student will receive an email with the time/date and link to participate in the meeting.
  • The letter shall also describe briefly the alleged violation(s).

The student conduct administrator or designee will appoint a committee of not fewer than three persons to serve on the disciplinary committee.

  • The committee shall be made up of at least one faculty member, one student, and one administrator.
  • The student conduct administrator or designee shall appoint one individual to serve as chairperson for the hearing. 

The student conduct administrator or designee will coordinate with the committee chairperson the date, time, and place for the hearing as well as to summon witnesses and require the production of documentary evidence.

The proceedings will be tape recorded and copies shall be maintained by the student conduct administrator or designee for a period as prescribed by Florida Statutes. Students may request a copy of these records from the College.

The hearing shall be informal and the chairperson shall provide reasonable opportunities for witnesses to be heard.

The student conduct administrator or designee shall monitor the proceedings and make every effort to ensure that the student is treated fairly.

If, after the hearing, the committee finds that the alleged charges are true, the committee will recommend an appropriate sanction to the student conduct administrator or designee, who shall decide the sanction to be imposed.

VI. Failure to Comply

Failure of a student to comply, either by telephone/virtual or in person, with notification to appear before either an administrative hearing or discipline committee hearing will result in the charges being deemed to be true.

The student conduct administrator or designee may request the discipline committee to commence hearing proceedings and make recommendations, or the appropriate conduct administrator shall recommend an appropriate penalty.

The student conduct administrator or designee may postpone a hearing upon the request of a student so long as all interested parties are notified and agree with the new hearing date, time, and place.

The student conduct administrator or designee may postpone a hearing for violation of Board Rule due to pending criminal or civil charges.

VII. Sanctions

The student conduct administrator or designee may, at the end of an administrative or committee hearing and based upon the findings, impose the following sanctions upon students:

  1. Warning
    1. A notice in writing that continuation or repetition of violation of Board Rule or College rule within a period of time stated in the warning may be cause for more severe disciplinary action.
    2. Pursuant to receiving a warning a student may be required to participate in the College's student assistance program.
  2. Disciplinary Probation
    1. This may lead to exclusion from attending or participating in extracurricular institutional activities as set forth on a written notice for a stated period of time.
    2. Violation of probation may lead to suspension, or other penalties reasonable to the nature of the violation.
    3. Conditions of probation may include mandatory participation in the College's student assistance program.
  3. Restitution
    1. Student shall reimburse the College for damage to or misappropriation of College property. This sanction typically will be combined with another sanction.
  4. Suspension
    1. Recommend to the College President and Vice President of Student Services of restrictions from campus, classes, and other such privileges and activities, as set forth in the notice, for a definite period of time not to exceed two years.
    2. The conditions for readmission, if any, shall be stated in the notification to the student.
    3. Conditions of readmission may include mandatory participation in the College's student assistance program.
  5. Dismissal
    1. Recommend to the College President and Vice President of Student Services of dismissal for an indefinite period.
    2. The conditions of readmission, if any, shall be stated in the notification to the student.
    3. Conditions of readmission may include mandatory participation in the College's student assistance program.

VII. Appeals

The student may appeal the decision of the conduct administrator or hearing authority only on the following grounds:

  1. New information, not available at the time of the original hearing, was discovered and such new information could affect the decision rendered in the original conduct case.
  2. Procedural error that resulted or prevented a fair, impartial or proper hearing. Deviations from the designated procedures will not be a basis for sustaining an appeal unless material harm or prejudice results.
  3. Appeals submitted on a claim that a sanction was excessively and not representative of the finding in the hearing.

Consideration of an appeal does not include a rehearing, but rather a review of the initial hearing procedure and substantive new information provided by the student, if any. Appeals will not be granted on the basis of a student disagreeing with the outcome of the original conduct case.

Any student wishing to file a request for appeal must do so to the Vice President of Student Services, or designee, within ten (10) calendar days of the original hearing outcome notification.

If the 10th calendar day falls on a Saturday, Sunday or College non-operational day the deadline for filing the appeal will be extended to the next operational College day.

If no appeal is filed within the appeal period, no further appeal requests can be made.

Appeal decisions are final and cannot be petitioned further.

Student Assistance Program

Florida State College at Jacksonville has created the Student Assistance program to provide students with the resources they need to cope with college-related, personal, legal, or financial issues that may be affecting their studies and their ability to be their best. Services are free and confidential and are available in-person, online or by phone (855) 384-1800 (toll-free). For additional information, visit fscj.edu/sap.

 The Student Discipline Procedures are part of APM 11-0601. The purpose of this APM is to outline the discipline procedures relating to alleged violations of rules as outlined in Board of Trustees Rule 6Hx7-11.1, Students' Rights and Responsibilities.