Procedures for the Conduct of Disciplinary Proceedings at Florida Atlantic University

1. Complaints. Any person or entity may request 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 Student Affairs; or providing a written and signed statement to the Dean of Student Affairs. 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. This provision shall apply except in incidents involving patterns of behavior (i.e. stalking, sexual misconduct, domestic violence, etc.). These incidents must be reported within one (1) calendar year from the date of the incident or knowledge about the incident.
2. When a complaint against a student is received by the Dean of Student Affairs, all other administrative processes and petitions at the University are suspended and may not be processed further until final disposition of the complaint or special permission by the Dean of Student Affairs.
3. The Dean of Student Affairs 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 Student Affairs may conduct an Investigation Conference with the student. This conference shall include an explanation of the process, the student’s rights and a review of the incident. No student shall be required to testify against him/herself.
   2. The Dean of Student Affairs 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 Code of Conduct is not handled through other appropriate channels, is not dismissed, or is not settled informally, then the Dean of Student Affairs shall present in writing formal charges to the student.
4. Notice of Charges. The notification of charges shall be in writing and include: the specific conduct code violations, a brief description of alleged offenses, the student’s rights, and an invitation to attend a Disciplinary Conference; the date and time of this Disciplinary Conference is also included.

   1. The Disciplinary Conference shall take place no sooner than three academic days, excluding holidays and weekends, from the date of Notice of Charges.

   2. If a hold on registration is not already in effect, as an Emergency Measure, upon issuing the Notice of Charges the Dean of Student Affairs may place a Student Affairs hold on registration until final disposition of the complaint.

5. Disciplinary Conference. After the Notice of Charges has been issued, a Disciplinary 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 Student Affairs in an effort to resolve the matter.
   2. The Disciplinary Conference is not audio taped or recorded.
   3. At the conclusion of the disciplinary conference, the charged student may accept or deny responsibility to the student code of conduct violations on the Notice of Charges.
   4. If the charged student chooses to accept responsibility, or fails to attend the disciplinary conference, the authority may assess such sanctions as are deemed appropriate. This acceptance of responsibility or failure to appear shall constitute as 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.
   5. Brief written decisions (including findings of fact) will serve as records of disciplinary conference and will be communicated in writing within 7 academic days of the Disciplinary Conference.
6. Formal Disposition by Hearing: When a charged student denies responsibility, a hearing shall be scheduled no less than three (3) days after the date of the Disciplinary Conference.
   1. A Formal 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 Disciplinary 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 writing and include:
   1. The date, time and location of the Student Conduct Board or Hearing Officer hearing
   2. Reference to this Regulation, of his/her rights and the hearing procedures
   3. A reasonable date, time and location for an Information Session, during which the student may review a potential witness list and all materials to be used by the University in his or her case, which shall be no less than 3 academic days prior to the hearing. If the student chooses to review the materials provided at the Information Session, the charged student shall allow the University to also review all of his or her materials and witnesses to be used in the case. Any materials or witnesses not provided at the Information Session by either the University or the student may not be used at any time there after during the student disciplinary proceedings.
   4. The charged student shall have the opportunity to challenge the impartiality of the hearing officer within three (3) academic days of notification. In the event that a student has opted not to challenge the impartiality of a hearing office prior to the allotted three (3) academic days, the assigned hearing officer shall remain as scheduled. The student shall state in writing the basis for such challenge. A hearing officer so challenged maybe replaced by the Dean of Student Affairs for good cause shown.
8. Postponement of Hearing. The student may request postponement of a Student Conduct Board or Officer Hearing in writing to the Dean of Student Affairs. The Dean of Student Affairs 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 Student Affairs may postpone the hearing on the University’s behalf for administrative reasons.