Student Conduct Services

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Overview 

The student conduct system at New College of Florida strives to develop, interpret and enforce university policies and regulations, protecting the legal rights of students while promoting civility, openness and justice. It is designed to be fair and objective while following due process. The conduct process exists in order to address and distribute cases to the appropriate level depending on the severity of the case. It seeks to hold individuals accountable for behavior and/or actions when policies and regulations are violated. Each case is seen as an opportunity to redirect problematic decision making into constructive behavioral patterns.

Our Goals

  1. To be consistent
  2. To be reasonable
  3. To be just
  4. To be developmental

Our Values

  1. Responsible citizenship
  2. Growth
  3. Accountability
  4. Self-awareness

The conduct system helps students:

  1. Explain the importance of policies and procedures
  2. Formulate decisions grounded in honorable morals and values
  3. Demonstrate respect for self, the community, and college property
  4. Recognize how their actions and decisions affect the community
  5. Explain how the conduct system contributes to the success of the New College of Florida community
  6. Explain the educational components of sanctions and how they contribute to self-growth

We believe in assigning educational sanctions that will help students learn to take responsibility for their actions. We understand that this is a learning process that involves the whole student, which allows for a more personal and individualized process that benefits the holistic development of the whole student.

Student’s Rights

A student’s right are governed by three constitutional rules:

  1. They are notified about the policies, procedures, rules or regulations of the institution.
  2. The student is informed they will be accused of a violation of university policy.
  3. The student will have the opportunity to respond to the accusation brought against the student.

By law we may make allowances for more Due Process, but we are prohibited by law to grant less Due Process than the U.S. Constitution and judicial precedent has established.

Due Process:

  • Written Notice
  • View Evidence
  • Impartial hearing body (fair and reasonable defense)
  • Advocate
  • Innocent unless found “more than likely than not” in violation of policy
  • The accused student will receive the hearing decision in writing within 3-7 business days of the judicial hearing.
  • The accused student may plead not responsible and appeal any judicial decision.

The accused student may have, at the student’s own expense and initiative, an adviser, advocate or legal representative present at the disciplinary proceeding. It is the accused student’s responsibility to make appropriate arrangements for the adviser, advocate or legal representative to attend the disciplinary proceeding which shall not be delayed due to scheduling conflicts of the chosen adviser. The adviser, advocate or legal representative may be present to advise the accused student and may participate in all aspects of the proceeding but shall not testify for the student. The advisor, advocate, or legal representative cannot serve in any other role, including as a witness, an investigator, decider of fact, hearing officer, member of a committee or panel convened to hear or decide the charge or any appeal.

Medical Amnesty

New College of Florida seeks to ensure that students at medical risk as a result of alcohol or substance use will receive prompt and appropriate medical attention. For this reason, no student seeking medical attention for him/herself or for another will receive punitive sanctions in regards to a violation of this Regulation.

Student Conduct Process

This is a three level system: Level one has two types, both adjudicated by Judicial Coordinators, consisting of lower level and upper level hearings; Level two is a Community Board Hearing, adjudicated by Community Board (students, faculty and staff); Level Three involves the Dean and Senior Associate Dean, Title IX Cases, and Community Board Appeals.

1. Lower Level Hearings

Lower Level hearings are conducted by a Judicial Coordinator. Lower Level hearings usually involve low-level violations such as candles in residence halls, guest policy violations, misuse of keys, etc. What qualifies as a low-level violation is at the discretion of the Judicial Coordinator.

2. Upper Level Hearings

Upper Level Hearings are conducted by a Judicial Coordinator. These hearings are for high-level violations such as drugs, alcohol, misuse of property, etc. What qualifies as a high-level violation is at the discretion of the Judicial Coordinator.

In both a Lower Level and Upper Level Judicial:

  • A hearing occurs when an information report, police report or other forms of evidence are present that support a violation of student Code of Conduct. During the hearing, the student will present their case and the Judicial Coordinator will determine whether the student is responsible or not responsible.
  • A Level One Hearing can occur when adjudication is requested by the college.
  • A Level One Hearing can occur when adjudication is requested by an accuser.

If a student wishes does not agree with the outcome of the hearing made by the judicial coordinator they can choose to meet with the Community Board. The Community Board is a panel of five people consisting of students, faculty and staff. The Community Board will hear the case and issue a ruling. The board is responsible for setting and upholding the College standards of behavior. Holding the leadership position of Community Board member provides the opportunity to communicate about the conduct system while promoting a positive living-learning community.

Upper Level hearings also involve Title IX cases and Community Board appeals. These cases are adjudicated by the Dean and Senior Associate Dean.

This level is for a third minor violation, a second minor violation with aggravating factors, and all major violations. At a maximum the student may be expelled and permanently trespassed from campus. At a minimum the student’s parents or guardians will be notified, the student will be trespassed from campus after 8 p.m., and the student will be placed on probation for no less than one year.

Students have the right to appeal the original decision resolving their charges; below is a list of specific grounds that guide a request for an appeal.

  • Denial of a fair hearing as outlined in the Student Code of Conduct.
  • Insufficient evidence to establish responsibility.
  • Disciplinary action taken can be shown to be arbitrary and capricious.

Please note, failure to agree with assigned sanctions is NOT grounds to an appeal.

A complete and accurate record of each disciplinary proceeding will be noted in the accused Maxient electronic file.  Retention of the record is subject to the General Records Schedule GS5 for Public Universities and Colleges.

New College of Florida plans to enforce the face covering policy in accordance with our Code of Conduct and Institutional objective to ensure the health and well-being of all our community members.  Students may report concerns/violations through the campus’s Maxient reporting system.

Internal Protocol for Violations of Institutional Policies Regard Facial Coverings:

  1. First Offense: Verbal/Written Warning: Cases involving students will be resolved as an educational conference by a designated College administrator.
  2. Second Offense: May result in either a probation or a behavioral agreement indicating that the alleged violator understands the violation and will honor the facial covering policy as outlined by the Institution. Behavior agreement will indicate that any subsequent violations could result in a separation from the College. Sanctions may include a 1000 word research paper on the contagiousness of COVID-19, COVID-19 related deaths, and what the student will do moving forward to keep our community safe.  Either a probation or a behavioral agreement indicating that the alleged violator understands the violation and will honor the facial covering policy as outlined by the Institution.  Behavior agreement will indicate that any subsequent violations could result in a separation from the either housing and/or separation from the College.  Students who are removed from housing forfeit their refunds for housing and dining services.
  3. Third Offense: Loss of privileges (housing removal, campus restrictions, etc.).
  4. Fourth Offense: Separation and removal from the College – loss of any financial refunds.

Possible Sanctions

Below is an explanation of sanctions for various student code of conduct violations. This list of sanctions is not all encompassing and sanctions are assigned at the discretion of the judicial coordinator.

A warning is a formal reprimand that is meant to serve as a warning that the student will be subject to more severe sanctions, if the student violates College regulations again. Offenses which could warrant a warning (Depending of the case these violations could warrant a different sanction):

  1. Noise Complaint
  2. Pet Violations
  3. Hosting an illegal or disorderly party
  4. Participation in a disorderly party
  5. Violation of fire regulations

Probation is an official warning that the student’s continued enrollment depends upon the maintenance of satisfactory citizenship during the period of probation. A favorable recommendation to outsiders normally will not be furnished during the period of probation.

When probation is imposed as a sanction, the student should be advised of the consequences of violation of the probation. In the event probation terms or conditions are violated, the Dean of Students will impose the consequences of the probation violation.

Offenses which could warrant probation (Depending of the case these violations could warrant a different sanction):

  1. Use of fire extinguishers as part of a prank
  2. Repeated violations of fire regulations
  3. Failure to leave the building during a fire drill
  4. Unauthorized possession or use of a key
  5. Unauthorized entry into a College building
  6. Keeping poisonous or flammable substances in one’s room
  7. Refusing to terminate a disorderly or illegal party
  8. Participation in a disorderly party after warning
  9. Instances of verbal abuse
  10. Possession of stolen property.

Removal is a permanent or temporary termination of the student’s privilege to live in the New College Residence Halls. In cases where the student currently resides on campus, the student will be given reasonable time to vacate the residence halls (e.g. 24-48 hours).

During the period of the Residence Hall expulsion, the student is, in effect, trespassed from using any of the Residence Halls, attending social gatherings in and around the halls, visiting friends or acquaintances in the halls or using the residence hall facilities or the residential life’s staff services.

Suspension is a termination of a student’s privilege to attend the College for a specific period of time, including trespass on campus. In cases where the student resides on campus, the student will be given reasonable time to vacate the residence halls (e.g. 24-48 hours).

During the period of the suspension, all of the student’s contact with College departments/services must be through the Office of Student Affairs.

Expulsion is a permanent termination of a student’s privilege to attend the College, including trespass on campus. In cases where the student resides on campus, the student will be given reasonable time to vacate the residence halls (e.g. 24-48 hours).

During the period of the expulsion, all of the student’s contact with College departments and services must be through the Office of Student Affairs Offenses which could warrant suspension or dismissal (Depending of the case these violations could warrant a different sanction):

  1. Behavior which disrupts or materially interferes with the exercise by others of the basic rights to which they are entitled on College property or at College functions
  2. Instances of sexual misconduct
  3. Serious life-threatening behavior
  4. Behavior which causes or can reasonably be expected to cause physical harm or damage to property or is unreasonably disruptive
  5. Theft or attempted theft of personal or College property (usually $50 or more)
  6. Altering, forging or contributing to the fraudulent use of College identification cards
  7. Other instances of attempts to defraud individuals or the institution
  8. Possession or distribution of fire arms, ammunition, explosives or other dangerous weapons
  9. The possession and/or use of an unauthorized College master key or its equivalent
  10. Violation of the terms of probation
  11. Forging an instructor’s signature
  12. Administering illegal substance to persons without their knowledge or consent
  13. Lying to a staff member of the College, especially after being warned that lying is a very serious offense
  14. Repeated disorderly behavior due to the use of alcohol or other drugs
  15. Serious violations of civil law, e.g. fraud, robbery, defamation, selling drugs to minors, or substantial dealing in narcotics
  16. Physical assault
  17. Repeated instances of verbal abuse
  18. Failure to comply with judicial sanctions

Restrictions and behavioral contracts – Conditions imposed on a student that specifically dictate and limit the future presence on campus and participation in College-related activities. The restrictions involved will be clearly identified and can include a restraining order forbidding the respondent from all contact with individual members of the College community. Restrictions also can include denial of the privilege to operate a motor vehicle on campus, denial of participation in certain activities/events/organizations, denial of access to use of College services, and denial of presence in certain buildings or locations of campus.

Restitution and/or fine – A set monetary fee or payment for injury in cases involving theft, destruction of property, etc.

Educational sanctions – An educational sanction such as, but not limited to, reflection or research papers, letters of apology, campus involvement opportunities, interviews, advising referrals, and meeting with College faculty or staff.

  • Community service hours – Community service hours completed on campus or at a non-profit organization.
  • Alcohol e-CheckUpToGo – An interactive, confidential web survey that allows students to enter information about their drinking patterns and receive feedback about their use of alcohol. The assessment takes about 6-7 minutes to complete and is selfguided.
  • Trespass – Restriction from a specific area on campus.
  • Loss of Privileges – Judicial coordinator will decide what privileges the student may lose (i.e. student leader position(s), involvement in student clubs and organizations, access to Fitness, etc.) based on the outcome of the case.

In response to the COVID-19 update on policies and procedures it is our hope to have a positive dialogue when working with our residential students.  Our goal is to ensure a healthy environment whenever possible.  As a result when reports are submitted, or we wish to discuss a situation regarding policies and procedures we will follow this philosophy for communication:

 Engage        Educate        Adjudicate