Code of Student Conduct

Pursuant to Board Policy No. 7.03 A., this Code of Conduct is in effect on College premises, on properties owned by the CFCC Foundation and at functions sponsored by or participated in by the College regardless of the locations.

Any student found to have committed the following misconduct is subject to disciplinary sanctions.

Acts of dishonesty, including but not limited to the following:
1. Cheating, plagiarism, or other forms of academic dishonesty.
2. Interference with the teaching and learning process.
3. Furnishing false information to any college official, faculty member, or any entity of the College.
4. Forgery, alteration, or misuse of any college document, record or instrument of identification.
5. Tampering with the election of any college recognized student organization.
Any behavior which, in the professional opinion of a faculty member, disrupts the teaching and learning process.
Any behavior which, in the professional opinion of a College official, is disruptive to the learning environment.
Disruption or obstruction of instruction, administration, disciplinary proceedings, other college activities, including its public service functions on or off campus, or other authorized non-college activities.
Assault and battery (fights), obscenity or abusive language, sexual harassment, false accusations, harassment (intimidation), physical abuse, verbal abuse, threats, intimidation, harassment, stalking, coercion and/or other conduct which threatens or endangers the health and safety of any person.
Attempted or actual theft of and/or damage to property of the college, properties owned by the CFCC Foundation, or property of a member of the college community or other personal or public property.
Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
Failure to comply with directions of college officials or campus security personnel in performance of their duties and/or failure to identify oneself to one of these persons when requested to do so (gross insubordination – open defiance).
Trespassing.
Bomb threats.
Inappropriate operation of a motor vehicle.
Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to or use of college premises or properties owned by the CFCC Foundation.
Violation of published college policies, rules, or regulations.
Violation of federal, state, or local law.
Use, possession, sale, attempted sale, barter, exchange, gift or distribution of narcotic or other controlled substance except as expressly permitted by law.
Use, possession, sale, attempted sale, barter, exchange, gift or distribution of alcoholic beverages except as expressly permitted by law and college regulations.
Illegal or unauthorized possession of firearms, fireworks, explosives, other weapons, or dangerous chemicals on college premises.
Participation in an assembly or demonstration which is unauthorized or which is not associated with an authorized event which disrupts the normal operations of the campus and infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus, building or area; intentional obstruction which unreasonably interferes with freedom of movement either pedestrian or vehicular on campus that is associated with an unauthorized assembly or demonstration.
Any behavior which may be viewed as inciting a riot.
Obstruction of the free flow of pedestrian or vehicular traffic.
Conduct which is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace.
Theft or other abuse of computer time including but not limited to:
1. unauthorized entrance into a file to intentionally damage, disable, or impair computing or telecommunications equipment or software.
2. acquisition or use of software that does not adhere to applicable software licenses and copyright laws or is not consistent with college software policies.
3. introduction of viruses or other destructive software in college computer facilities.
4. engagement in activities which are not consistent with provisions of Chapter 815, Florida Statutes, Computer Crimes Act, Title 18, United States Code, Electronic Communication Privacy Act of 1986, or the Telecommunications Act of 1986.
5. unauthorized use of phones and electronic devices such as radios, cellular phones, pagers, etc.
6. use of computing facilities to interfere with the work of another student, faculty member or college official.
7. use of computing facilities to send obscene or abusive messages.
8. use of computing facilities to interfere with normal operation of the college computing systems.
On-line Communication: Student behavior for on-line classes is subject to the Code of Student Conduct.
1. Posting or transmitting threatening, harassing, vulgar, or pornographic content on any College chat rooms, bulletin boards, or emails.
2. Posting or transmitting any unsolicited email, advertisement, promotional materials, or any other forms of solicitation to students.
Gambling:
1. Participation in an unlawful game of chance for money or for anything of value.
2. Sale, barter, or disposal of a ticket, order or any interest in a scheme of chance by whatever name.
Permitting another to use his or her college identification card, impersonation of another or misrepresenting being authorized to act on behalf of another.
Any action which causes or attempts to cause a fire, explosion, including bomb threats or any false reporting of a fire, explosion or any tampering with the fire safety equipment or other safety devices or failure to evacuate college buildings during a fire alarm.
Fraudulent and/or unauthorized use of official college seal, name emblem, nickname or motto.
Discrimination: the denial of services or access to activities to an individual because of his or her race, religion, age, national origin, gender, marital status or disability.
Abuse of the judicial system, including but not limited to:
1. Failure to obey the summons of a judicial body or college official.
2. Falsification, distortion, or misrepresentation of information before a judicial body.
3. Disruption or interference with the orderly conduct of a judicial proceeding.
4. Knowingly instituting a judicial proceeding without cause.
5. Attempting to discourage an individual’s proper participation in, or use of, the judicial system.
6. Attempting to discourage an individual’s proper participation in, or use of, the judicial system.
7. Attempting to influence the impartiality of a member of a judicial body prior to and/or during the course of a judicial hearing.
8. Failure to comply with the sanctions imposed under the student disciplinary code.
9. Influencing or attempting to influence another person to commit an abuse of the judicial system.
If it is determined by the President or his designee that behavior on the part of a student, could reasonably forecast substantial disruption or material interference with college activities, the college may take whatever action it deems appropriate without there having been an actual violation of the Code of Student Conduct.
Student Athlete Code of Conduct: Any violation of the Student Athlete Code of Conduct constitutes a violation of the CFCC Code of Student Conduct.
If a violation of law, which also would be a violation of the Code of Student Conduct, is alleged, proceedings under the Code of Student Conduct may go forward against an offender who has been subjected to civil prosecution only if the College determines that its interest is clearly distinct from that of the community outside of the College. Ordinarily, the College will not impose sanctions if public prosecution of a student is anticipated, or until law enforcement officials have disposed of the case.
When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for this individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the student code, the College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and College employees, acting in their personal capacities, remain free to interact with governmental representatives, as they deem appropriate.

Disciplinary Action and Rights of Appeal

Cases involving alleged violations of the Code of Student Conduct may be referred to the Chief Student Affairs Officer by any student or employee of the college. Cases involving alleged violations of the Student Athletic Code of Conduct by Student Athletes will be processed under the procedures outlined in the Student Athlete Handbook. The Chief Student Affairs Officer shall have original jurisdiction over all cases involving an alleged violation of the rules and regulations established by the District Board of Trustees.

Emergency Suspension: If it is determined by the President or his designee that behavior on the part of a student could reasonably forecast substantial disruption or material interference with college activities, the college may take action to remove the student from the campus environment without there having been an actual violation of the Code of Student Conduct. In the case of such a suspension, written notice of the charges against the student and of the date and time of a hearing on such charges shall be delivered to the student, or to his parents if the student is a minor, within forty-eight (48) hours after the student’s removal from campus. The hearing shall be scheduled within seventy-two (72) hours after the student’s removal from the campus or as soon as the student is available after the seventy-two (72) hours have elapsed.

Expulsion: If a student’s presence on campus poses a continuing danger to other persons or property, or is an ongoing threat of disruption to the academic process, the student may be immediately removed from campus by the President or the President’s designee. In such cases, written notice of the charges against the student and of the date and time of a hearing on such charges shall be delivered to the student, or to his or her parents if the student is a minor, within forty-eight (48) hours after the student’s removal from campus. The hearing shall be scheduled within seventy-two (72) hours after the student’s removal from campus or as soon as the student is available after seventy-two (72) hours have elapsed.

Informal Proceedings: In cases that do not require immediate removal from campus, the Chief Student Affairs Officer may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved and on a basis acceptable to the College. Such disposition shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the Chief Student Affairs Officer will charge the student with the alleged violations of the Code of Student Conduct.

Formal Proceedings:

The student has the right to a hearing before a Hearing Panel charged by the President with reviewing the alleged infraction or before the Chief Student Affairs Officer. In either case, the hearing will be held within ten (10) work days of the date the student is officially charged with violating the Code of Student Conduct unless a longer time is agreed to by the accused student and the Chief Student Affairs Officer. Written notification of the alleged violation, specifying the rule or regulation of the Code of Student Conduct involved, and written notification of the time and place of the hearing will be hand delivered to the student or mailed to the student at the last known address (by certified mail with return receipt requested), at least five (5) work days in advance of the hearing.

There shall be a single verbatim record, such as a tape recording, of all hearings before the Chief Student Affairs Officer and/or the Hearing Panel. The record shall be the property of Central Florida Community College. The accused is entitled to a transcript of the hearing.

Except in the case of a student charged with failing to obey the summons of the Hearing Panel or a Central Florida Community College official, no student may be found to have violated the Code of Student Conduct solely because the student failed to appear before the Hearing Panel or the Chief Student Affairs Officer. In all cases, the evidence in support of the charges shall be presented and considered.
1. If the Chief Student Affairs Officer elects to hear the case, then the hearing shall be conducted according to the following guidelines:
  - The Chief Student Affairs Officer will convene a hearing within ten (10) work days of the date the student is officially charged with violating the Code of Student Conduct.
  - The accused student has the right to a closed hearing unless the student requests that it be open to the public.
  - The following individuals shall be admitted to the hearing: Chief Student Affairs Officer, college representative(s), court reporter, legal counsel of the college, the accused and his/her advisor, complainant (if applicable) and his/her advisor, parents or legal guardians if the student(s) is under 18 years of age, witnesses at the time of testimony.
  - In hearings involving more than one accused student, the Chief Student Affairs Officer, at his/her discretion, may permit the hearings concerning each student to be conducted separately.
  - The complainant (if applicable) and the accused have the right to be assisted by an advisor of their choice, at their own expense. The advisor may be an attorney.
  - The complainant (if applicable), the accused and the Chief Student Affairs Officer shall have the privilege of presenting witnesses, subject to the right of cross-examination. The appropriate number of witnesses is left to the discretion of the Chief Student Affairs Officer.
  - The Chief Student Affairs Officer, the complainant (if applicable), and the accused must provide each party and the Hearing Panel Chair with a witness list within three (3) work days prior to the hearing date.
  - Pertinent records, exhibits and written statements may be accepted for evidence for consideration by the Chief Student Affairs Officer at his or her discretion.
  - The Chief Student Affairs Officer, the complaint (if applicable), and the accused must provide each party and the Hearing Panel Chair with a list of the records, exhibits and written statements which may be presented at the hearing within three (3) days prior to the hearing.
  - All procedural questions are subject to the final decision of the Chief Student Affairs Officer.
  - After the hearing, the Chief Student Affairs Officer shall determine, in closed session, whether the student has violated each section of the Code as charged.
  - Within ten (10) work days of the closure of the hearing process, the Chief Student Affairs Officer will forward, in writing, the final decision to the accused and complainant (if applicable).
  - Except in the case of college suspension, the decision of the Chief Student Affairs Officer is final on behalf of the College.

Sanctions: The Chief Student Affairs Officer may find the student innocent. If the Chief Student Affairs Officer finds that the student has violated the Code of Student Conduct as charged, the Chief Student Affairs Officer may:

Issue a verbal or written reprimand;
Place the student under conduct probation with conditions which may include counseling;
Assign campus service hours;
Suspend a student for up to five (5) school days.
Interim Suspension: separation of the student from the college in order to insure safety of members of the college community or to insure students’ own physical or emotional safety or well-being.
Suspend a student from participation in student activities (clubs, athletics, performing arts, etc.)
Direct a student to participate in a drug-screening test.
Loss of student activity scholarships/talent grants.

If the Chief Student Affairs Officer deems appropriate, then he/she, without rendering a decision, may refer the case to the Hearing Panel charged by the President with reviewing the case. The Chief Student Affairs Officer shall request the President to appoint a Hearing Panel to hear the case. The Hearing Panel Committee is appointed by the President (or the President’s designee) to hear, make recommendations, and/or render decisions on student grievances and student conduct. ( See College Governance Handbook.)

Hearings shall be conducted by the Hearing Panel according to the following guidelines:

The chair will convene a hearing within ten (10) work days of the date the student is officially charged with violating the Code of Student Conduct.
The accused student has the right to a closed hearing unless the student requests that it be open to the public.
The following individuals shall be admitted to the hearing: Hearing Panel, college representative(s), court reporter, legal counsel of the college, the accused and his/her advisor, complainant (if applicable) and his/her advisor, witnesses at the time of testimony.
In hearings involving more than one accused student, the chair of the Hearing Panel, at his/her discretion, may permit the hearings concerning each student to be conducted separately.
The complainant (if applicable) and the accused have the right to be assisted by an advisor of their choice, at their own expense. The advisor may be an attorney.
The complainant (if applicable), the accused and the Hearing Panel shall have the privilege of presenting witnesses, subject to the right of cross-examination. The appropriate number of witnesses is left to the discretion of the Hearing Panel.
The Chief Student Affairs Officer, the complainant (if applicable), and the accused must provide each party with a witness list within three (3) work days from the hearing date.
Pertinent records, exhibits and written statements may be accepted for evidence for consideration by the Hearing Panel at the discretion of the panel.
The Chief Student Affairs Officer, the complaint (if applicable), and the accused must provide each party with a list of the records, exhibits and written statements which may be presented at the hearing.
All procedural questions are subject to the final decision of the chair of the Hearing Panel.
After the hearing, the Hearing Panel shall determine, in closed session, by majority vote whether the student has violated each section of the Code as charged.
Within ten (10) work days of the closure of the hearing process, the chair of the Hearing Panel will forward, in writing, the final decision to the Chief Student Affairs Officer, who shall notify the accused and complainant (if applicable), in writing, of the decision.
The decision of the Hearing Panel, except in cases where the accused receives a sanction of College suspension or expulsion, is final on behalf of the College.

Sanctions: The Hearing Panel may find the student innocent of the alleged violations or impose the following sanctions upon any student found to have violated the Code of Student Conduct:

Warning: a notice in writing to the student that the student is violating or has violated institutional regulations.

Probation: a written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulations(s) during the probationary period. May include counseling and/or directions to participate in a drug-screening test.

Loss of Privileges: denial of specified privileges for a designated period of time.

Oral Reprimand: a verbal notice to the student that the student is violating or has violated institutional regulations.

Interim Suspension: separation of the student from the college in order to insure safety of members of the college community or to insure students’ own physical or emotional safety or well-being.

Student Activities Suspension: Suspend a student from participation in student activities (clubs, athletics, performing arts, etc.)

Restitution: compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

Discretionary Sanctions: work days assignments, service to the college or other related discretionary assignments (such assignments must have the prior approval of the President).

College Suspension: separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for re-admissions may be specified.

College Expulsion: permanent separation of the student from the college.

Loss of Scholarship: loss of student activity scholarships/talent grants.

Student Record: Other than college expulsion, disciplinary sanctions shall become a part of the student’s confidential record. The Chief Student Affairs Officer is the custodian of student confidential records. Cases involving the imposition of sanctions other than college expulsion shall be expunged from the student’s record five years after final disposition of the case or graduation, whichever occurs later.
Appeal of Suspension or Expulsion: A student who receives the sanction of College suspension or expulsion may petition the President for review of a decision by the Hearing Panel or the Chief Student Affairs Officer within five (5) work days of the date of the decision. The written petition shall state the facts of the case, a summary of the evidence presented at the hearing, the findings of the Hearing Panel or the Chief Student Affairs Officer, and the student’s reason for petitioning the President for review. The President’s action will be limited to review of the basis for the Chief Student Affairs Officer’s or Hearing Panel’s disposition and will not necessarily involve a de novo factual investigation. Notwithstanding the above, the President may, but is not required to, direct that further facts be gathered or that additional remedial action be taken. The President shall notify the student of his or her decision within fifteen (15) work days of the receipt of the petition of appeal. The decision of the President shall be final.