Due Process, Other Rights and Responsibilities - Regulation 2.013
(1) The due process requirements contained below shall be applicable in all cases involving academic dishonesty and alleged violations of the Student Code of Conduct. Applicable definitions are found in Florida A&M University (“University”) Regulation 2.012, Student Code of Conduct. Due process as applied by the University and its schools, institutes, and colleges shall include, as a minimum, the following:
(a) The student shall be provided with written notice of the charges against him/her in sufficient detail and in sufficient time to prepare for a hearing before an appropriate committee or hearing body, as established by the University or its colleges, schools, or institutes, or before the appropriate University official;
(b) The University or its schools, institutes, and colleges shall establish a minimum number of days in advance of the hearing to present the written notice of charges, but in no case will this notice be less than five (5) business days, except in cases of emergency hearings as specified below;
(c) The student shall be entitled to a prompt hearing before an appropriate committee or hearing body, as established by the University or its colleges, schools or institutes; or the student shall have the option to request resolution of the matter by an appropriate official designated by the University or its colleges, schools or institutes. The hearing shall normally be scheduled within fifteen (15) business days from the date of notice of the charge(s), except in cases of emergency hearings;
(d) The student and his/her advisor may inspect all of the evidence that will be presented against the student at least three (3) business days before the student disciplinary hearing, except in cases of emergency hearings where the student may inspect the evidence at least one (1) business day prior to the hearing. Failure of the student to request the evidence in sufficient time for the University to comply with the three (3) business day timeframe shall constitute a waiver of the time requirement. The University shall also have the right to inspect any information the student intends to use at least three (3) business days before the student disciplinary hearing, except in cases of emergency hearings where the University may inspect the evidence at least one (1) business day prior to the hearing;
(e) The student may present evidence on his/her own behalf;
(f) The student may hear and question adverse witnesses;
(g) The student shall not be forced to present testimony which would be self-incriminating; however, the University and/or its colleges, schools and institutes is not required to postpone the proceedings pending the outcome of a criminal or other outside proceeding. The University disciplinary proceeding is designed to address student behavior; therefore, alleged violations of the Student Code of Conduct will be addressed independently of any penalty imposed by a judicial or administrative body;
(h) The student may, at his/her own expense and initiative, have an advisor of the student’s choice present at the hearing. The advisor may be an attorney. The student is responsible for presenting his or her own information; therefore advisors are not permitted to speak or participate directly in any hearing. An advisor may not act as a witness;
(i) The decision of responsible or not responsible shall be based solely on the evidence presented at the hearing;
(j) The decisions of any committee or hearing body, or of any University official, shall be presented to the student in writing and within fourteen (14) business days following the hearing;
(k) The student may appeal the decision of any committee, hearing body, or of any University official, within ten (10) business days to the President or the President’s designee, as appropriate;
(l) The student’s enrollment status will remain unchanged pending the University’s final decision in the matter, except where the President or President’s designee determines that the safety, health, or general welfare of the student, other students, or the University and/or its employees is involved. If a student’s privileges are temporarily revoked as described in this paragraph, but the student is subsequently found not responsible for the violations, the University will:
1. Correct any record of the change in enrollment status in the student’s permanent records and reports in a manner compliant with state and federal laws; and
2. Refund to the student a pro rata portion of any charges for tuition and out-of-state fees, as appropriate, if the temporary revocation or suspension of the student’s ability to attend classes lasts for more than ten (10) business days.
(m) At the conclusion of the appeals process, the decision of the President or the President’s designee shall be final. The final order shall include notice to the student of the right to appeal to an external judicial forum, as appropriate.
(2) Additional due process protections as may be provided by regulation or policy of the Board of Governors shall also be applicable to cases involving academic dishonesty or violations of the Student Code of Conduct as indicated by said regulation. Refer to Board of Governors Regulation 6.0105.
(3) All students enrolled at the University shall be accorded the basic rights as set forth below:
(a) The right of respect for personal thoughts; the right of freedom from indignity of any type; the right to expect an education of the highest quality; and the right to make the best of one’s talents and time toward the objectives which brought him/her to the University;
(b) The right to inquire about and to recommend improvements in University policies, regulations and procedures through established protocol;
(c) The right to participate in the self-governing process of student organizations pursuant to the regulations, policy, and procedures of the University and affected organizations;
(d) The right to be represented on University-wide committees in accordance with University procedures;
(e) The right of freedom of expression and peaceful assembly as defined and governed by the constitutions of the United States and the State of Florida and the regulations of the University;
(f) The right to participate in dialogue during public discussions that provide a diversity of opinions;
(g) The right to join University clubs and organizations for educational, political, social, religious and cultural purposes in accordance with the regulations, policy, and procedures of the University and the respective clubs and organizations;
(h) The right of due process; and
(i) The right of freedom of press and media to publish and distribute materials in accordance with the Constitutions of the United States and the State of Florida and the regulations of the University.
(4) The University encourages its students to help maintain a healthy academic climate where students can intellectually grow and develop as mature and responsible individuals. Concomitant with student rights are student responsibilities. These responsibilities include but are not limited to the following:
(a) The responsibility of making the most of their educational opportunities by attending classes and laboratory periods on a regular basis and by completing all academic requirements, in a satisfactory manner, as stated in each course syllabus while taking advantage of the many opportunities provided in a University environment for all around personal growth, development, and maturation;
(b) The responsibility of knowing and observing all University policies, procedures and regulations (e.g. the General Catalog of the University and Student Handbook, etc.) as well as state and federal laws and requirements;
(c) The responsibility of taking the initiative in exercising the democratic processes to include, but not be limited to, voting and performing community or volunteer services;
(d) The responsibility of ensuring the orderly operation of the University through appropriate conduct in and out of the classroom; and
(e) The responsibility of assuming the consequences of one’s own actions, and to avoid conduct detrimental in its effect upon fellow students and members of the University community.
Specific Authority: Article IX, section 7(c), Florida Constitution, sections 1006.60, 1006.61, 1006.62, Florida Statutes, Board of Governors Regulation 6.0105. History New October 1, 1975, Formerly 6C3-2.13, Amended September 14, 1987, Amended June 29, 2006, Amended 7-15-13.