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Student Conduct Process

Policies and Regulations | Student Code of Conduct | Definitions | Jurisdiction | Authority | Offenses | Students’ Rights | Pre-Hearing Procedures | Types Of Hearings | Hearing Forums | Hearing Procedures/Format | Victims’ Rights | Sanctions | Appeals | Records | Interim Suspension | Auxiliary Aids And Services | Mediation | Interpretation and Revision

In situations where the Vice President (or designee) determines that an emergency exists, which affects the health, safety, or welfare of the student or University community, an interim (temporary) suspension will be imposed. This includes but not limited to, sexual assault, physical assault, hazing, possession of a firearm or explosives, felony drug possession, and other acts of a similar nature.

(a) Once an interim suspension is imposed, a formal Student Conduct Committee Hearing must be held within a reasonable amount of time, unless the student waives his/her rights to a hearing in writing and requests a Summary Resolution by the Director.

(b) A student under interim suspension shall not be allowed on campus except with the permission of the Director of Public Safety or designee.

(c) The charged student will be provided the names of witnesses to be called; information to be used in his/her matter; information regarding his/her rights and procedures used in a Student Conduct hearing

(d) Notice of a formal hearing including date, time, and location will be sent at least two (2) calendar days prior to the hearing.

(e) Requests to postpone hearing.  Any request to postpone a hearing must be submitted in writing to the Director (or designee) at least 24 hours prior to the hearing, and must state the reason(s) for the request.  The granting of such requests shall be at the discretion of the Director or designee.

(f) Failure to Appear. If the charged student fails to appear at the scheduled hearing the hearing will be held and a decision will be rendered in the student’s absence.

(g) The charged student will be provided with the name(s) of the hearing body member(s) at least two (2) calendar days prior to the scheduled hearing. The charged student has the right to challenge the inclusion of any member, at least 24 hours prior to the scheduled hearing. The challenge must be in writing, and the charged student must clearly show actual bias (such as conflict of interest, animosity, pressure, or influence that would preclude a fair and impartial hearing. The Vice President for Student Affairs or designee will determine whether to grant such challenges in his or her discretion and the decision is final.

(h) Emergency Hearing Body Appointments. In the case where a hearing body member is unable to serve due to an emergency or unforeseeable occurrence, the Vice President or designee may appoint a new hearing body member prior to the scheduled hearing. The student can challenge the inclusion of this member at the time of hearing. The challenge must be on the basis outlined in Section 17(g).

(i) Notification of the decision of the hearing will be made in writing within 7 calendar days from the conclusion of the hearing.

(j) The appellate process is the same as outlined in Section (15) Appeals.

(k) Student and Greek organizations will be suspended by the Vice President (or designee) in circumstances involving actions related to that group that may affect the health, safety, or general welfare of its members or the University community. This includes sexual assault, physical assault, hazing, possession of a firearm or explosives, felony drug possessions, and other acts of a similar nature. The affected group has the right to a review with the appropriate hearing body as described in “(a)” through “(g)” above.
 
 
 
Contact Information
University Park Campus
Graham Center Room 311
11200 SW 8th Street
Division of Student Affairs
Florida International University
Miami, FL 33199
Phone (305) 348-3939
Fax (305) 348-6477
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