Student Conduct and Conflict Resolution

Standards of Conduct

Sanctions

Appeal Process

Student Rights and Responsibilities

Offenses

Victim Rights/ Witness Information

Admissions Clearance Committee

Mediation

Dean Certifications and Student Verification

Faculty/Staff Resources

Outreach/Presentations

Leadership Opportunities

Frequently Asked Questions

Incident Report Form

SCCR Staff

Related Links

       Authority,  Auxiliary Aids and Services,  Burden of Proof,  Definitions, Hearing Forums,  Hearing Procedures/ Format, Interim Suspension, Jurisdiction, Pre-Hearing Procedures, Records, Types of Hearing

Authority

(Section 4)

(a) The State University System of Florida has been charged with the responsibility of providing  

        a student disciplinary system. Authority for student discipline rests with the University 

        President, who delegates this authority to the Vice President for Student Affairs or    

        designee(s).

(b) All hearing bodies have the authority to consult with other appropriate University officials in

        order to effectively resolve a Student Conduct Code

        case.

(c) Hearing Body Compliance. Any specific procedures used by hearing bodies

        will comply with the requirements of this Student Conduct Code.

(d) Decisions of all hearing bodies constitute first-level disciplinary actions,  

        and are as follows:

     1.The Judicial Administrator or designee(s) may conduct both informal and formal hearings

          on individual or group cases. For further description of informal and formal hearings, see 

          Section (9), Types of Hearings.

     2.The University Judicial Hearing Committee(s) may conduct formal hearings on individual or

          group cases.

     3.The Interfraternity Council (IFC) Judicial Board may conduct formal

          hearings regarding cases of an Interfraternity Council organization’s alleged violation of the

          Student Conduct Code or Interfraternity Council Constitution. The Board may also provide

          information regarding individual cases related to a group case that is being heard in the 

         Office of Student Conduct and Conflict Resolution.

     4.The National Pan-Hellenic Council (NPHC) Judicial Board may conduct formal hearings

          regarding cases of a National Pan-Hellenic Council organization’s alleged violation of the

          Student Conduct Code or National Pan-Hellenic Council Constitution. The Board may also

          provide information regarding individual cases related to a group case that is being heard

          in the Office of Student Conduct and Conflict Resolution.

    5.The Panhellenic Council (PC) Judicial Board may conduct formal hearings

          regarding cases of a Panhellenic organization’s alleged violation of the Student Conduct

          Code or the Panhellenic Constitution. The Board may also provide information regarding

          individual cases related to a group case that is being heard in the.

     6.University Housing hearing officers (Director and designees) may conduct

          both informal and formal hearings regarding cases arising in University Housing in which

          the charged student is a resident of University Housing. If the alleged offense may result in

          a sanction of deferred suspension or higher, the charged student will be referred to the

          Office of Student Conduct and Conflict Resolution for review.

(e) Choice of hearing type and hearing body. Students may choose both the hearing type and

          the hearing body to hear their case subject to the restrictions stated in Section 4(d) and

          this section:

1.The Director for Student Conduct and Conflict Resolution reserves the right to choose the 

          appropriate hearing forum, type and body involving incidents of a serious nature or if the

          alleged offense may result in a sanction of deferred suspension or higher. This includes,

          but is not limited to, sexual misconduct, physical assault, stalking, fire-related incidents,

          and weapons violations.

2.When two or more individuals are involved in the same incident, their cases will be heard

          individually by the same hearing body and forum. The Director for Student Conduct and

          Conflict Resolution or Director of Housing or Director of Campus Life or designees will

          consult with the charged students prior to hearing forum determination.

3.When two or more individuals are involved in the same incident, but reside under different

          jurisdictions (e.g. a student living in the residence hall and a non-resident student), their 

         case will be individually heard by the same hearing body and forum. The Director for

         Student Conduct and Conflict Resolution or Director of Housing or Director of Campus Life

         or designees will consult with the charged students prior to hearing forum

         determination.

(f) As outlined in Section (20), Mediation, Hearing Officials can handle certain cases through

         mediation as opposed to formal or informal judicial processes.

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Definitions

 (Section 5)

(a) Advisor–The term “advisor” refers to any person chosen by the charged student or the

         alleged victim to assist him/her throughout the disciplinary process. Students are required

         to address the hearing body in person, on their own behalf. Although they may consult with

         their advisor during the hearing, this consultation must take place in a manner that does not

         disrupt the proceedings. Advisors may not address the hearing officer or hearing body and

         may not act as witnesses.

(b) Charged Student–The term “charged student” refers to any student who has been formally

         charged with an alleged violation of the Student Conduct Code.

(c) Hearing Body–The term “hearing body” refers to any person or persons authorized by the

         Vice President or Director for Student Conduct and Conflict Resolution or Director of

         University Housing or Director of Campus Life to conduct hearings to determine whether a

         student has violated the

         Student Conduct Code and to impose sanctions. This includes appellate review bodies.

(d) On-Campus–The term “on-campus” refers to all land, buildings and

         facilities owned, used, or controlled by the University, including adjacent streets, sidewalks,

         parking lots, and property shared with other entities outside of the University.

(e) Policy–The term “policy” refers to the written regulations of the University as found in, but not 

         limited to, the Student Code of Conduct, the Undergraduate/ Graduate Catalogs, The

        Student Handbook, and the University Housing Resident Handbook.

(f) Preponderance of Evidence–The term “preponderance of evidence” means that evidence,

        considered as a whole, indicates the fact sought to be proved is more probable than not.  

        The standard used in hearing all disciplinary cases within this Student Conduct Code is

        “preponderance of evidence”.         

(g) Student–The term “student” refers to any person who participates in any course or program

         in any school, division or unit of Florida International University, any person admitted to the

         University and present on campus for the purpose of participating in any University course

         or program, or any person who has participated in any course or program at the University

         and continues to be associated with the University because he/she has not completed the

         course or program in which he/she was enrolled. The term “Student” will also refer to

         student clubs, groups and organizations.

(h) University–The term “University” refers to Florida International University,

         including all of its branch campuses and sites. The Student Conduct Code applies to all

         branch campuses of the University.

(i) University Official–The term “university official” refers to any person employed by the

         University to perform assigned teaching, research, administrative, professional or other

         responsibilities.

(j) Vice President–The term “Vice President” refers to the Vice President for Student Affairs.

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Offenses

(Section 6)

The following offenses will be used in charging all students, organizations or  

      clubs whether the offenses are committed on campus or off-campus as

      described in Section 3 of this code:

(a) Alcohol

1. Possession, use or consumption of alcohol when under the legal drinking age

      as outlined by Florida Law.

2. Dispensing, selling or supplying alcoholic beverages to an individual who is

      under the legal drinking age as outlined by Florida Law.

3. Any violations of Florida International University Rule 6C8-11.005, F.A.C.,

      are hereby incorporated by reference.

4. Use or possession of beer kegs and party balls or other common sources of

      alcohol in on-campus housing.

5. Possession of open containers of alcohol or consumption of alcoholic

      beverages in public areas, such as balconies, courtyards or hallways.

6.Public intoxication, Excessive drinking and intoxication will not be tolerated.

7.Violating any other University policy while under the influence of alcohol.

      Members of the FIU community who choose to drink will be held fully

      responsible for their behavior while under the influence of alcohol. Loss of

      control due to intoxication does not excuse or justify violation of the state

      law, University regulations, or the rights of others.

8.Misrepresenting, or misstating ones’ age or using altered identification in

      order to obtain alcohol.

9.Devices designed for the rapid consumption of alcohol, including but not

      limited to: funnels, and beer bongs.

10.Hosting a gathering where underage individuals are drinking alcohol.

11.Consumption, possession or use of alcohol in a housing unit where all

     assigned residents of that on-campus housing unit are under legal drinking

     age.

12. Possession of alcohol beverage containers in on-campus housing rooms

     (including decorative collections) where residents are under 21 years of   

     drinking age.

(b) Computer Misuse

1. Unauthorized access, entry or use of a computer, computer system, network,

     software, password, account or data.

2. Unauthorized alteration or degradation of computer equipment, software,

     network, data or system performance.

3. Unauthorized copying or distribution of computer software or data.

4. Unauthorized use of University computer resources for commercial purposes

     or personal financial or other gain. This includes, but is not limited to,

     advertising a product or service on personal Web pages, fund-raising or

     advertising on behalf of unsanctioned non-University organizations,

     publicizing of unsanctioned non-University activities, the reselling of

     University resources to any non-University individuals or organizations, and

     the unauthorized use of the University’s name or logos. Use of the

     University’s network for any of these purposes, even if the user is using his

     or her own personal computer, constitutes an offense.

5. Any other violation of the University computer use and web page policies.

     The complete policies are available at http://www.fiu.edu/provost/polman/sec11web.htm

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(c) Disruptive Conduct

1.Behavior that disrupts, disturbs, impairs or interferes with or obstructs the

     orderly conduct, processes, and functions of the University or the rights of

     other members of the University community.

2.Behavior that disrupts, disturbs, impairs, interferes with or obstructs the

     orderly conduct, processes, and functions within the classroom or

     laboratory. This includes interfering with the academic mission of the

     University or individual classroom or interfering with a faculty member or

     instructor’s role

     to carry out the normal academic or educational functions of his/her

     classroom laboratory.

3.Behavior that disrupts or interferes with the University disciplinary process,

     including, but not limited to, harassment and/or intimidation of any

     member of the judicial board, witness or University personnel before, during

     or after a proceeding, or attempting to coerce or influence any person(s) in

     order to discourage their participation in any disciplinary proceeding.

4.Any similar behavior that disturbs the peace.

(d) Drugs

1.Possession or use of illegal drugs or prescription drugs without a prescription.

2.Distribution, delivery, or sale of illegal drugs.

3. Possession or use of drug paraphernalia (including but not limited to: bongs,

     pipes, “hukas”, spoofs, rolling papers, blunts, small plastic baggies, etc.).

(e) Endangerment

1. Physical violence toward another person or group.

2. Action(s) that endanger the health, safety, or welfare of self or others.

3. Interference with the freedom of another person or group to move about in a

     lawful manner.

(f) Failure to Comply

1. Failure to comply with a request or directive of a University official (i.e.,

     faculty, staff, administrators, residence hall staff, FIU Police, etc.) or non-

     University law enforcement official in the performance of his/her duty.

2.Failure to comply with the final decision/sanctions rendered by a judicial

     hearing or review body.

3. Failure to comply with the request of a University judicial hearing or review

     body to be a witness at a University judicial proceeding.

4. Failure to identify oneself and/or produce identification upon request by a

     University official (i.e., faculty, staff, administrators, residence hall staff,

     FIU Police, etc.).

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(g) Falsification/Fraud/False Testimony

1. Providing false information to a University official or judicial hearing or

      review body.

2. Withholding information or providing misleading information to a University

      official or judicial hearing or review body.

3. Misuse, reproduction, alteration or forgery of any University related

      identification, documents, keys or property.

4. Permitting another person to use one’s University related identification.

5. Inappropriate use of another person’s University related identification.

6. Impersonation or misrepresentation. Acting on behalf of another person,

      group or the University without authorization or prior consent.

7. Providing a worthless check or money order in payment to the University or

      to a member of the University community.

8. Any other acts of Falsification/ Fraud/Testimony.

(h) Fire and Safety

1. Inappropriate activation of any emergency warning equipment or the false

     reporting of any emergency.

2. Removing, damaging, interfering or tampering with fire safety or other

     emergency warning equipment, including smoke detectors, sprinklers, and

     fire alarms. Items may not be hung from, or block sprinklers or smoke  

     detectors.

3. Failure to evacuate a University building, facility or on-campus housing

     facility/unit when a fire alarm is sounded.

4.Action(s) which cause or attempts to cause a fire or explosion.

(i) Harassment

1. Conduct, not of a sexual nature, (including, but not limited to, physical

     contact, verbal, graphic, written or electronic communication) that creates

     an intimidating, hostile, or offensive environment for another person or

     group.

2. Conduct, not of a sexual nature, (including, but not limited to, physical

     contact, verbal, graphic, written or electronic communication) that

     threatens, harms or intimidates another person or group.

(j) Hazing                                                                               Return to Top

Any group or individual action or activity that inflicts or intends to inflict

     physical or mental harm or discomfort or which may demean, disgrace, or

     degrade any person, regardless of location, intent, or consent of

     participant(s). Although hazing is related to a person’s initiation or

     admission into, or affiliation with, a student group or organization, it is not

     necessary to have direct proof that a person’s initiation or continued

     membership is contingent upon participation in the activity for a charge of

     hazing to be upheld. The actions of either active or associate members

     (pledges) of an organization may be considered hazing. Hazing includes,

     but is not limited to:

1.Interference with a student’s academic performance.

2.Forced consumption of any food, alcohol, controlled substances, drugs, or any

     other substance.

3.Forced physical activity.

4.Deprivation of food or sleep.

5.Kidnapping, including restricting a person to move about in free and lawful

     manner.

6. Physical abuse of any nature.

7.Performing personal chores or errands.

8.Verbal abuse or degradation, including yelling or demands.

9.Assigning or endorsing pranks (i.e. stealing, harassing other organizations,

     defacing property, etc.).

10.Any action or threatened action that would subject the individual to

     embarrassment, humiliation or mental distress, including the use of

     demeaning names.

11.Any other acts or intended acts, which constitute hazing pursuant to

     240.1325 Florida Statutes.

(k) Littering

Dispersing litter in any form on University grounds or facilities, this includes,

     but is not limited to cigarette butts, flyers, cans, bottles, etc.

(l) Rollerblades/Skates/Bicycles

The use or operation of rollerblades, skates, skateboards, bicycles, mopeds,

    etc. inside of University facilities (i.e., libraries, classrooms, hallways,

    student unions, etc.). This also includes the hallways, balconies, courtyards,

    lounges, and lobbies of on-campus housing facilities.

(m) Promotions/Posting                                                     Return to Top

1.Solicitation (i.e., passing or handing out flyers/promotional material, etc.)

    on campus, including on-campus housing facilities, without prior approval  

    from the appropriate University officials. This includes, but is not limited to,

    the disbursement of any forms of promotional/informational material on

    University property or objects (i.e., motor vehicles) on University property.

2.Posting of flyers, posters, banners, cards or any promotional/informational

    material on University property, including, but not limited to, the exterior

    and interior of on-campus housing facilities, buildings, trees, walls,

    sidewalks, vehicles, windows, stairwells, stairs, display cases, vending

    machines, doors, classrooms, departmental and unauthorized bulletin

    boards, railings, elevators, bathrooms, art/sculptures.

3.Use of chalk or powder like substance on the sidewalks, grass, exterior or

    interior of any University facility, or any public area.

4.Use of “A” signs or free standing signs in public areas, sidewalks, grass,

    exterior of any University facility without prior approval from the appropriate

    University officials.

(n) Sexual Misconduct

1.Any sexual act that occurs, regardless of personal relationship, without the

    consent of the other person, or that occurs when the other person is unable

    to give consent.

2.Obscene or indecent behavior, which includes, but is not limited to,

    exposure of one’s sexual organs or the display of sexual behavior that would

    reasonably be offensive to others.

3.Conduct of a sexual nature that creates an intimidating, hostile, or offensive

    campus, educational, or working environment for another person. This

    includes unwanted, unwelcome, inappropriate, or irrelevant sexual or

    gender-based activities, comments or gestures.

(o) Smoking

1.Pursuant to Section 386.201-211 Florida Statutes, smoking is prohibited in

    all University buildings and/or sections thereof, owned, leased or operated

    by the University. This includes, but is not limited to, classrooms,

    stairwells, bathrooms, offices, hallways, labs, libraries and on-campus

    housing facilities/units.

(p) Stalking

1.Stalking is defined as activities occurring on more than one occasion that

    collectively instill fear in the victim and/or threaten his or her safety, mental

    health, or physical health. Such behaviors and activities may include, but

    are not limited to, the following:

•Nonconsensual communication, including face-to-face, telephone calls, voice messages, electronic mail, written letters/notes, unwanted gifts, etc.

• Threatening or obscene gestures

• Pursuing or following

• Surveillance or other types of observation

• Trespassing

• Vandalism

• Nonconsensual touching

• Contacting a person after a sanction prohibiting contact with that person.  

    This includes verbal, written or third party communication, or physical

    contact.

2.Other violations of stalking laws as outlined in Section 784.048 Florida

    Statutes.               

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(q) Theft

1.Removal or use of the property or services of another person or of the

    University without prior written consent or authorization.

2.Possession or sale of property or services of another person or of the

    University without prior written consent or authorization.

(r) Vandalism/Damage

Damage, destruction or defacing of property of another person, group or the University.

(s) Weapons, Firearms, Explosives

1.Possession, storage or use of firearms, explosives, ammunition or other

    weapons or dangerous articles or substances, including switchblade knives   

    and non-lethal weapons such as air guns and Chinese stars.  The use of any

    item as a weapon.

2.The carrying of weapons by law enforcement officers must follow guidelines

    and policies as outlined by state law, local ordinance and departmental

    policies and regulations.

(t) On-Campus Housing (University Housing and Greek Houses) – Additional Offenses

1. Antennas

    a. The use of any type of free standing external antenna in on-campus

         housing.

2. Cleanliness

    a. Failure to maintain one’s assigned on-campus housing unit in a clean and

         sanitary manner.

    b. Disposal of trash in a place other than designated bins or dumpsters.

3. Cooking Appliances

    a. Possession of alcohol stoves, hibachis, hot plates, and gas grills in

         student living units, on balconies, in stairwells, or on walkways or

         entryways to any on-campus housing facility.

    b. Residents are permitted to use barbecue grills, hibachis at a safe

         distance (25 feet or more) from all buildings. The use of grills is not   

         permitted under any covered walkways, landings, or balconies.  Storage

         of grills is not permitted in student living units or surrounding areas.

4. Elevators

    a. Tampering with the normal functioning of elevators.

    b. Use of elevators during a general building evacuation when elevators are

         intended to be off-line.

5. Furnishings

    a. Removal of furnishings from assigned on-campus housing unit.

    b. Possession of waterbeds, lofts or homemade bunk beds in on-campus

         housing unit.

    c. Removal or relocation of furnishings from community/ lounge areas.

6. Guests

    a. Assigning, subleasing, or allowing the use of an assigned on-campus

         housing space to another person.

    b. Hosting a guest in on-campus housing for more than three consecutive

         nights or ten nights in one semester.

    c. Hosts assume full responsibility for their guests’ conduct and familiarity

         with rules and regulations.

    d. Failure to accompany guests within the on-campus housing facility.

    e. Failure to submit a guest registration form prior to the arrival of an

         overnight guest.

     f. Knowingly hosting person(s) who have been trespassed from on-campus

         housing facilities.

    g. Failure to adhere to an individual on-campus housing guest sign-in policy.

 7.Halogen Lamps                                                        Return to Top

        The use or possession of a halogen lamp in on-campus housing facilities.

 8.Keys

   a. Duplicating an on-campus housing key.

   b. Loaning an on-campus housing key to another person.

9. Locks/Doors

   a. Tampering with a lock such that it interferes with or prevents the

       locking/unlocking of a door.

   b. Adding, changing or replacing a lock in an on-campus housing unit without

       authorization by University staff.

   c. Propping open a fire door or on-campus housing exterior door.

   d. Entering through a propped fire door or on-campus housing exterior door.

   e. Entering or exiting through a fire door or on-campus housing exterior door

        when no emergency exists.

   f. Allowing individuals access into an on-campus housing facility through a

        locked door entrance

 10. Mail

  a. Tampering with mailbox locks.

  b. Removal of mail addressed to another person.

11. Motorcycles, Bicycles, Rollerblades or Skateboards

  a. Riding motorcycles, bicycles, roller- blades or skateboards in hallways,

       balconies, courtyards, lounges, or lobbies. 

  b. Storing motorcycles, motorbikes or bicycles in any on-campus housing

       hallway, entry area, stairwell, balcony or on-campus housing unit (except

       bicycles).

12. Open Flames/Heating Elements/Flammables

 a. Possession of candles, incense, hot plates or other heating units with an

      open flame or heating element.

 b. Flammable liquids and solvents (gasoline, kerosene, lighter fluid, propane,

      etc.) may not be stored in resident rooms or apartments, including areas  

      immediately outside of their front door.  Residents are permitted to store

      charcoal (non-presoaked) in rooms or living areas.

13. Pets/Animals

 a. Possession of pets, other than fish in a maximum tank size of ten gallons.

 b. Feeding of stray or wild animals in the housing area and its surroundings.

14. Posting

 a. Unauthorized posting of notices, flyers, ads or other information in

      on-campus housing facilities.

 b. Postings of flyers advertising events with alcohol.

15. Projectiles

 a. Throwing of any object from a window, ledge, roof, balcony or within a

      courtyard area.

 b. The use of a slingshot or related item.

16. Quiet/Courtesy Hours

 a. Loud talking, music, or other disruptive noise in rooms, courtyards,

      balconies, stairwells, or lobby areas during designated quiet hours   

     (Sunday-Thursday10:00 pm-8:00 am; Friday & Saturday Midnight-10:00 am; 

      24 hours during finals week).

 b. Loud talking, music, or other disruptive noise in rooms, courtyards,  

      balconies, stairwells, or lobby areas during 24-hour courtesy hours.

 c. Failure to reduce noise when asked to do so by a neighbor, staff member or

      roommate.

17. Railings, Balconies and Roofs

 a. Sitting, standing on, climbing on, or hanging from a balcony, railing, or roof.

 b. Hanging or securing unauthorized items from roofs, balconies or windows,  

      including bikes, banners, signs, clothing, plants or other items.

18. Room Personalization

 a. Use of nails, tacks or adhesive products that do damage to surfaces.

 b. Placement of signs, pictures, banners, empty bottles, or other objects in

      windows such that they block or impede access, exit or view to the unit in

      time of emergency.

 c. Attaching shelves, carpet or other items to interior surfaces of an

      on-campus housing unit.

 d. Stacking cinder blocks more than one block high to secure a bed frame.

19. Sales, Solicitation and Canvassing

 a. Door-to-door solicitation, sales and canvassing in an on-campus housing

      facility.

 b. Door-to-door distribution of flyers or leaflets or the placement of these

      items on cars.

 c. Unauthorized placement of flyers in student mailboxes.

 d. Engaging in sales or business activities within one’s unit or community

      area within on-campus housing.

20. Social Gatherings                                                    Return to Top

       Hosting a gathering in one’s on-campus housing unit that exceeds the   

       maximum occupancy for that unit type.

21. Sports in Residence

       Participating in sporting events in units, hallways, balconies, courtyards,

       lounges, and lobbies.

22. Windows

 a. Exiting or entering an on-campus housing unit through a window.

 b. Placement of signs, pictures, banners, empty bottles or other objects in

      windows such that they block or impede access, exit or view to unit in

      time of emergency.

 c. Removal of a window screen.

(u) Student and Greek Organizations/Clubs Additional Offenses

1. Alcohol

a. Unmonitored common sources of alcohol such as kegs, alcoholic punch, or 

     unmonitored bulk containers of alcohol.

b. Allowance of individuals under the legal drinking age to bring alcohol to a

     function, consume alcohol at a function, or be allowed to remain at a

     function if found in possession of alcohol.

c. Social events, which encourage drinking, drinking games, drinking contests,

     and/or drunkenness. Non-alcoholic beverages and food (i.e., breads,

     cheeses, vegetables, pizzas, etc.) must be available for the duration of the

     function/event.

d. The purchase of alcohol with chapter funds, whether directly or indirectly (no

     slush funds, no passing the hat, etc.).

e. Events where alcohol is present must conform to one of the following

     guidelines:

       1) BYOB Guidelines

           a) Each person is responsible for bringing in his/her own personal 

               consumption beverages.

           b) Each person is limited to six (6), twelve (12) ounce cans of beer or

               four (4), ten (10) ounce wine coolers. Hard alcohol is prohibited.

           c) The Chapter Monitor(s) collect(s) and control(s) the dispersion of

               each individual’s alcohol through a check-in (i.e., ticket, punch card,

               stamp, wristband) system. Only one beer or wine cooler may be

               acquired at a time.

          d) The Chapter Monitor(s) checking-in guests/participants or dispersing

               alcohol must be over the legal drinking age and must not consume

               or be under the influence of alcohol during the event.

          e) The host organization(s) is/are responsible for identifying those

               participants who are of legal drinking age (stamping, banding, I.D.

               checks, etc.) and ensuring that there are no individuals under the

               legal drinking age consuming alcohol.

          f) The event/function must end no later than 3:00 am. The serving of

              alcohol will stop at least one hour prior to the end of event.

         g) Individuals choosing to leave the function and wishing to claim their

              remaining alcohol may do so only upon exiting the premises and by 

              turning in all remaining tickets. All remaining alcohol must be poured

              out in the presence of a Public Safety Officer.

       2) Third Party Vendor Guidelines              

        a) A licensed/insured company caters and serves the function and

              controls the identification of legal drinks and the dispersion of

              alcohol. The company must be licensed and insured as required by

              state and local ordinances.

        b) Chapters are prohibited from entering into arrangements with the

             catering company to provide them a set amount of alcohol. This is the

             same as purchasing alcohol with chapter funds. The catering company

             must be paid for services only, not the purchase of alcohol in any

             manner.

2. Education                                                                         Return to Top

       a. Beginning August 15 (or January 15, if elections occur in December/ 

             January) of each year, chapters are prohibited from having a social

             function until the President, Social Chairman, and Risk Management 

             Designee have attended  

             the designated risk management seminar provided by the Office of 

             Greek Affairs and Office of Student Conduct and Conflict Resolution.

       b. Chapters are required to host, sponsor or attend a risk management  

             seminar for their members on an annual basis. Documentation of the

             event must be provided to the Office of Greek Affairs prior to and

             after the seminar/workshop. A minimum of 75% of the new members

             and 50% of active members must attend this session.

3. Promotional Material/Advertisements

       a. The posting or promotion of material or propaganda, including, but not

             limited to, posters, flyers, banners, brochures, web sites, and

             clothing, which can be considered offensive or graphic in nature, or

             depicts demeaning sexual or discriminatory portrayal of individuals.

       b. Unrestricted invitational advertisement of events where alcohol will be

             present. The presence or reference to alcohol in any advertisement of

             functions is prohibited.

       c. The use of the name Florida International University, or FIU, or the use 

             of any FIU logo or seal, must have prior approval from the Director of

             Campus Life and the Director of Alumni Affairs.

      d. All pamphlets, brochures, propaganda, informational or promotional

            material must be reviewed and approved by the Director of Campus

            Life or designee

            prior to printing, publication and distribution.

4. Recruitment/Membership Intake

      a. Violations of recruitment policies established by IFC, PC and NPHC.

      b. Alcoholic beverages at any recruitment function. A recruitment function

           is an activity sponsored by a Greek organization in which potential

           members are invited with the intent of joining. All Greek organizations

           are subject to these policies regardless of place or residence or

           location of sponsored activity.

5. Risk Management

    a. Failure to follow the minimum guidelines/standards as outlined by the

          Office of Greek Affairs or IFC, PC or NPHC Risk Management

          Policies.                                                            

    b. Failure to follow the guidelines/ standards as outlined in Inter/ National

          and/or Chapter Risk Management Policies.

    c. Failure of a Greek organization to provide the Office of Greek Affairs with  

          a copy of the chapter’s Inter/National or Chapter Risk Management

          Policy.

   d. Any event where alcohol is present must be a closed event.

(v) Other Violations

   1. Attempt or intent to commit any violation as outlined in the Student Code

         of Conduct.

   2. Involvement in any violation as outlined in the Student Code of Conduct.

         This includes encouraging others to commit acts prohibited by this Code

         and/or the failure to remove oneself from the area/incident where the

         offense is being committed or attempted.

  3. Aids or abets another in any violation of federal law, state law, local

        ordinance, or University policy.

  4. Violation of federal or state law or local ordinance.

  5. Violation of Florida International University Rule(s).

(w) Trespassing/Unauthorized Use

     Unauthorized presence in, or unauthorized use of University property,         

      facilities, or restricted areas.

 Return to Top

Pre-Hearing Procedures

(Section 8)

(a) Initiating Charges: Any person or entity (including University

       departments, offices, officials, community members, etc.) may request

       charges be filed against a student for alleged violation of federal, state or

       university rules or regulations. A review for possible charges may be

       initiated in the following ways:

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.

2. Providing a written and signed statement to University Student Conduct

       and Conflict Resolution, Greek Affairs, Campus Life or University Housing.

       Written statements should be sent to the appropriate office responsible

       for handling the incident based on the person(s) involved or location of

       incident (see Section (4)(d), Authority). If necessary, the appropriate

       University officials will meet to determine the appropriate venue to handle

       the case, and whether charges will be filed.

(b) Filing Time:

       Reports must be made to either law enforcement or the appropriate  

       administrator within ninety (90) calendar days of the incident, or 

       knowledge about the incident. However, the University reserves the right

       to exercise professional discretion to extend this filing time in cases of

       stalking, sexual misconduct, domestic violence, endangerment, etc.

       where the delay may be related to issues of victimization.

(c) Notice (Charge Letter): The notice given to any charged student will

      include the following:

1. Notice of charge, including specific code charge(s) and a brief description of

      alleged offense(s).

2. The charged student will be provided an opportunity to attend an

      information session, except in cases involving Interim Suspension as

      outlined in Section (17), during which the student may review all materials

      to be used in his/her case, receive information regarding his/her due

      process rights and procedures used in a judicial hearing, and have an

      opportunity to select the forum in which the case will be heard. In

      addition, the student will receive information regarding the resources

      available to the student in preparation for his or her defense and the

      availability of impartial advisers for the student. If a student fails to

      respond to a request to schedule an information session and/or attend a

      scheduled information session, and five (5) business days have expired

      since the date of the charge letter, the student waives his/her right to an

      information session, and will be deemed to have selected a formal

      University Student Conduct Committee Hearing and a hearing will be scheduled in

      the student’s absence.

(d) Hearing Notification                                                                 Return to Top

1. Notice of a formal hearing including date, time, and location will be sent at

      least five (5) business days prior to the hearing. If the charged student 

      fails to appear at the scheduled hearing and fails to provide written notice

      24 hours prior to the scheduled hearing, the hearing will be held in the

      student’s absence. These procedures will be followed except in cases

      involving Interim Suspension as outlined in Section (17).

2. The charged student will be provided with the name(s) of the hearing body

      member(s) at least five (5) business days prior to the scheduled hearing,

      except in cases involving Interim Suspension as outlined in Section (17)

      and in Section (8) (d) 3., Emergency Hearing Body Appointments. The

      charged student has the right to challenge the inclusion of any member, at

      least three (3) calendar days prior to the scheduled hearing. The challenge

      must be in writing, and be based on cause, which clearly provides evidence

      of a conflict of interest, bias, pressure, or influence that could preclude a

      fair and impartial hearing. The Vice President for Student Affairs or

      designee will rule on all such challenges, and his/her decision is final.

3. 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 8(c) 4 at the time of the hearing.

                                                                          Return to Top

Types of Hearing

(Section 9)

Two types of hearings are provided by this Code, formal and informal. Note: hearings may be scheduled during class periods. Every effort will be made to avoid a class conflict, however, due to availability of persons involved in the hearing and room availability; it may not be possible.

(a) Formal Hearings

1.Require the hearing body to call appropriate witnesses to provide information

     in support of the charges.

2.Will be held at least five (5) business days after notice is received by the

     charged student.

3.Allow the presence of an advisor.

4.Will be tape recorded. The recording will serve as the official record of the

     proceedings.

5. A formal decision letter will be sent to the student within fourteen (14)

     business days from the conclusion of the hearing body’s deliberation.

(b) Informal Hearings: Informal Hearings are for students choosing to accept

     responsibility for the alleged charge as presented.

1.Will not be tape-recorded.

2.Written decisions (including findings of fact) will serve as the official records

    of informal hearings and will be sent to the student within fourteen (14)

    business days from the conclusion of the hearing body’s deliberation.

                                                                             Return to Top

Hearing Forums

(Section 10)

(a) Students and student organizations (including Greek organizations) charged through the

         Office of Student Conduct and Conflict Resolution may choose from the following hearing

         forums:

1. Summary Resolution - This hearing is informal and conducted by the Director for Student

        Conduct and Conflict Resolution or designee. This hearing is for the student who chooses to

        accept responsibility for his/her actions and accepts the charge(s) as presented.

2. Administrative Hearing - This hearing is formal, and conducted by the Director for Student

        Conduct and Conflict Resolution or designee.

3. University Student Conduct Committee Hearing - This hearing is formal. The Committee 

        is composed of two students and one faculty or staff member, and the Director for Student

        Conduct and Conflict Resolution (or designee) in a non-voting capacity.

(b) Greek organizations charged through Interfraternity Council (IFC), Panhellenic Council (PC),

        or National Pan-Hellenic Council (NPHC) organizations may choose from the following

        hearing forums:

1.Summary Resolution. This hearing is informal and conducted by the IFC, PC, NPHC Judicial

        Board Chair and Greek Advisor, in consultation with the Director for Student Conduct and  

        Conflict Resolution. This hearing is for the student who chooses to accept responsibility for

        his/her actions and accepts the charge(s) as presented.

2. IFC, PC or NPHC Judicial Boards. Greek organization hearings will reside under the

        appropriate hearing body as outlined in Section (4)(d) 3.5., Authority.

(c) University Housing residents charged through Housing may choose from the following

        hearing forums:

1.Summary Resolution. This hearing is informal and will be conducted by the Director of Housing

        or designee. This hearing is for the student who chooses to accept responsibility for his/her

        actions and accepts the charge(s) as presented.

2.Administrative Hearing. This hearing is formal and will be conducted by

        the Director of Housing or designee.

3. University Student Conduct Committee Hearing. This hearing is formal. The Committee is

        composed of two students and one faculty or staff member, and the Director for Student

        Conduct and Conflict Resolution (or designee)  in a non-voting capacity.

                                                                              Return to Top

Hearing Procedures/Format

(Section 11)

The following are the procedures for resolution of disciplinary matters:

(a) The following order of presentation will be followed in formal hearings. Exceptions may be

       made due to extenuating circumstances by the hearing body or chair of the hearing body

       and the agreement of the charged student. The order of presentation in informal hearings

       may be considerably modified with the agreement of the charged student. The

       hearing body or hearing officer shall have the final decision on what  

       evidence may be presented; the tone of the questioning and may place

       limits on length of testimony at anytime.                  

1.Opening statement by hearing officer or chair of the hearing body. This must

       include presentation of formal charges.

2.Opening statement by the charged student.

3.Questions directed to the charged student by the hearing body.

4.Presentation of evidence and witnesses by hearing officer or chair of hearing

       body, followed by questioning of witnesses by the hearing body and the

       charged student. Witnesses are then dismissed.

5. Presentation of evidence and witnesses by the charged student, followed by

      questioning of witnesses by the charged student and the hearing body. 

      Witnesses are then dismissed.

6. Follow-up questions directed to the charged student by the hearing body.

7. Closing statement by charged student.

8. Hearing officer or chair of the hearing body brings hearing to closure.

   (b) Deliberation (decision and determination of sanction(s), if applicable).

        Deliberation is not part of the hearing. The hearing body’s final decision

        and sanction(s), if applicable, will be recorded on tape.

  (c)  Prior records of disciplinary action and victim impact statements (see

        Section (13), Victims’ Rights) are considered by the hearing body only in

        the sanctioning phase of deliberations.

  (d) The hearing body’s determination of “responsible” or “not responsible” will

        be based solely on the information presented at the hearing using the

        standard of “preponderance of evidence.”

Burden of Proof

 (Section 12)

(a) The burden of proof at a first-level hearing always rests with the University, and the standard 

         of proof will be the preponderance of the evidence.

(b) The burden of proof at the appellate level rests with the charged student to clearly show that

         an error has occurred during the first-level hearing process.

                                                                       Records

                                                     (Section 16)

Auxiliary Aids and Services

(Section 18)

Students with disabilities as defined by the Americans with Disabilities Act requiring special accommodations should notify the Office of Student Conduct and Conflict Resolution and the Office of Disability Services for Students in writing at least five (5) calendar days prior to the hearing.