Students Shall be Treated Fairly
A student charged with misconduct should be clearly advised of the specific alleged wrongdoing. If the student denies the charges, the student should be heard in his or her defense, and disciplinary action should be taken on the basis of all the circumstances deemed relevant to the decision, including but not limited to the regulations, evidence, precedents, and past conduct of the student. A student who is aggrieved by the disciplinary action has the right to appeal.
Types of Disciplinary Actions
Academic Misconduct
Academic misconduct, including but not limited to plagiarism, cheating, other academic dishonesty, class disruption, disrespect of others, the violation of class rules of decorum, tardiness, and absences may be dealt with by the teacher's counseling and warning, and may be punished by the teacher by grade reduction and academic assignments consistent with the policy of the university and of the department. If a student's grade for the course is reduced because of dishonesty, this action should be reported to the Division Chair. An appeal of the teacher's disciplinary decision may be made to the Division Chair, and then to the Executive Vice-President of Academic Affairs. Academic misconduct may also be the basis for further disciplinary action upon referral to the Executive Vice-President of Academic Affairs.
Residential Misconduct
Residential misconduct, including but not limited to misconduct in the residence halls, violations of rules of residential living, and disputes between and among students occurring in the residential setting, may be conciliated by and may result in counseling and warning by the Resident Assistant or may be reported to the Executive Director of Student Life. Continued violations may result in removal from campus housing.
Code of Conduct Issues and Other Misconduct
Other misconduct, whether occurring on campus or in violation of the off-campus expectations, shall be reported to the Director of Campus Safety.
On all matters reported to the Director of Campus Safety, that officer may conciliate, counsel, warn, censure, assign community service, restrict or revoke privileges, order restitution, assign disciplinary probation, final disciplinary probation, suspension, and dismissal. An appeal of the disciplinary actions of the Director of Campus Safety may be made in writing by the student within five working days to the University Hearing Officer.
Progressive Processes
If the University Hearing Officer is considering disciplinary actions, which, if proven, will not result in suspension or expulsion, the University Hearing Officer shall follow a process, which should be followed by all of those in the university who have authority to discipline students.
The student will be clearly advised of the allegation of misconduct and will be asked if the student admits or denies the charge. If the student admits the charge, the university official will determine the disciplinary action to be taken. In the case of appeal, the University Hearing Officer will evaluate the discipline taken.
If the student denies the charge, the university official will afford the student a hearing, consider the evidence, including the evidence and testimony produced by the student, determine from the preponderance of the evidence the student's guilt or innocence, and, if guilty, consider in light of all relevant matters an appropriate penalty. When considering an appeal, the University Hearing Officer may confirm, modify, or reverse the disciplinary penalty being appealed and may do so based on the evidence already gathered, or may conduct a hearing before acting.
If the University Hearing Officer is considering disciplinary actions which, if confirmed, may result in suspension or dismissal, the University Hearing Officer shall provide the student with a written and timely notice of charges against the student, and the possible consequences. The student shall be afforded an opportunity to admit or deny the charges, to present all relevant evidence at a hearing, to challenge adverse testimony and evidence, to speak in his or her own behalf, to call witnesses, and to be accompanied by and to receive counsel from a student, faculty, or staff advisor of his or her own choosing who is willing to participate and who has not had legal training.
The decision of the University Hearing Officer on appeals is final unless the President chooses to review the matter.
Counseling, Evaluation, and Treatment Programs
In some cases of misconduct, such as those committed under the influence of alcohol, or acts of violence or harassment, participation in an evaluation and/or treatment program by an approved counseling service, at the student's expense, may be required as part of a sanction. Such treatment may also be a condition of readmission to the university or a condition for remaining in the university.
Extraordinary Circumstances
Normally, sanctions are not implemented until disciplinary processes and appeals have been completed. However, notwithstanding any provision to the contrary, the President, the University Hearing Officer, or the Executive Director of Student Life may impose an immediate emergency suspension from residence or academic status when, in the judgment of the officer such action appears necessary for reasons relating to a student's physical or emotional safety and well- being or the safety and well-being of a member of the university community or of university property or the property of members of the university community. Or the officer may impose an immediate interim suspension when it appears necessary to deal with a continuing disturbance, a forcible interference by students with any university activity or free movement of any members of the university community. A suspension may be lifted by the officer imposing it, at the officer's initiative or upon appeal for reconsideration by the student.
Presidential Hearing
Notwithstanding provisions of policy to the contrary, when the President, in the President's sole judgment, believes that a student may have committed an act of misconduct that is so grievous that the reputation of the university may be damaged as a result, the President may convene a hearing with the accused student and may, based upon the evidence elicited at the hearing, impose sanctions against the student, including suspension and dismissal. The President shall give the student notice of the alleged misconduct, the date, time, and place of the hearing, and such other procedural information as deemed appropriate by the President. Based upon the evidence and testimony, the President shall decide if the student is guilty of misconduct and if so, the President shall impose a sanction, which is appropriate in the President's sole judgment. The student's absence at the hearing or refusal to cooperate may not frustrate the President's power.
The decision of the President in this and any other disciplinary action which reaches the President on appeal is final.
Violation Motivated by Hate or Prejudice
A student will be more severely penalized for violations of student regulations and expectations when it is determined that the violation was motivated in part by prejudice toward the victim or hatred of the victim because of the perception that the victim is of different race, sex, religion, color, national or ethnic origin, age, disability, or veteran's status.
Privacy
Investigations, procedures, hearing and sanctions are not made public, and officers and employees of the university shall hold these matters in confidence and reveal them to other university officers and employees only on a need-to-know basis and to others only when legally required to do so. An exception to this policy may occur only upon the decision of the President.
Criminal Prosecutions
The university may refer to law enforcement authorities' evidence or suspicion of a student's illegal conduct. The outcome of a criminal or civil proceeding is not dispositive of the question of whether the student violated university rules, regulations and expectations.
Sanctions and Punishments
With the exception of the warning (which, as indicated below, may be imposed without the establishment of student guilt), the following sanctions may be imposed upon students who have confessed guilt or who have been found guilty of violations of the Code of Conduct.
These sanctions may be imposed by the Director of Campus Safety, Executive Vice-President of Academic Affairs, or the President of the university. The Director of Campus Safety may administer discipline based on evidence that the student has violated any section of the Student Handbook. Students wishing to file an appeal may do so in writing to the University Hearing Officer within 5 working days. The decision of the University Hearing Officer is final unless the President of the university wishes to review the matter.
Warning
A notice warning the student to refrain from violations of the Code of Conduct may be either verbal or written. Clear establishment of student guilt or previous violation of the Code of Conduct is not necessary for a warning to be issued.
Censure
Censure is a written reprimand for violation of specified regulations, including the possibility of more severe disciplinary sanctions in the event of the finding of a violation of any institutional regulation within a stated period of time.
Community Service
Community service may be administered for a violation of any of the rules in the Student Handbook. The student will be responsible for finding a placement to complete his/her community service. Any student not completing his/her community service within a specified time will not be able to register for classes.
Restriction or Revocation of Privileges
Students may experience temporary or permanent loss of privileges, including, but not limited to, participation in university activities or ministries, the use of a particular university facility, campus housing privileges, or other privileges.
Restitution
Reimbursement may be required for damage to or misappropriation of property of the university, students, staff, or others on campus. Restitution may be in the form of appropriate service to repair or otherwise compensate for damages as directed by the Director of Campus Safety/Plant Operations.
Disciplinary Probation
Disciplinary probation is a sanction serving notice to a student that his/her behavior is in serious violation of university standards and that continued enrollment depends upon the maintenance of satisfactory citizenship during the period of probation.
A time period is indicated for this probation. Students will be released from the Disciplinary Probation status after the specified time period has elapsed. This sanction includes restriction of university privileges and services.
Final Disciplinary Probation
Final Disciplinary Probation is a disciplinary sanction serving notice to a student that his/her behavior is in flagrant violation of the university standards under which one of the following conditions exist:
- The sanction is in effect during the remainder of the student's attendance at the university.
- Another conviction of violation of the university Code of Conduct will result in the imposition of the minimum sanction of suspension.
This sanction includes restriction of university privileges and services.
Suspension
Suspension is a mandatory separation from the university for a period of time as specified in the order of suspension. A student who has been suspended is barred from enrolling in any classes at BUF during the suspension. Students may re- enroll at the university when the suspension order has elapsed with the approval of the University Hearing Officer. This sanction includes the revocation of all university privileges and services.
Dismissal
Dismissal is a mandatory separation from the university with no promise of future readmission. An application for readmission will not be considered until such time as specified in the dismissal order. Readmission is subject to the approval of the President of the university. This sanction includes the revocation of all university privileges and services.
Summary of Student Requests, Appeals, and Complaints
The Student Handbook provides procedures for students at Baptist University of Florida to make requests, appeals, and complaints related to academic accommodations, student records, institutional issues, disciplinary issues, discrimination, harassment, and other situations. The following summary is provided to students as a ready reference for locating those procedures in this handbook.
| Procedure |
Section |
| To make a complaint about discrimination (Title IX) |
See Page 1 |
| To request or appeal an academic accommodation |
3.4 |
| To request a review or amendment of student education records |
3.5 |
| To make a complaint about privacy of student education records |
3.5
|
| To make a complaint about the institution |
7.0 |
| To appeal a parking or traffic ticket |
3.14.2 |
| To make a complaint about sexual harassment or assault |
5.40.3 |
| To make a complaint about a fellow student |
5.40.6 |
| To appeal a charge of academic misconduct |
6.2 & 6.3
|
| To appeal a charge of residential or other misconduct |
6.2 & 6.3 |
| To appeal a sanction for misconduct |
6.4 |