Senate Bill 2116

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    Florida Senate - 2000                                  SB 2116

    By Senator Klein





    28-1334-00

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         240.261, F.S., and creating s. 240.2612, F.S.;

  4         requiring state universities to adopt uniform

  5         disciplinary rules for students and student

  6         organizations; providing guidelines for

  7         penalties; creating s. 240.2614, F.S.;

  8         providing for disciplinary hearings; providing

  9         procedures; providing due process; providing

10         for appeals; providing for waiver of hearing;

11         providing evidentiary standards; providing for

12         temporary suspension in cases of immediate

13         danger to health or welfare of students, staff,

14         or faculty; creating s. 240.2616, F.S.;

15         requiring universities to adopt rules creating

16         a student judicial system; providing for

17         hearing boards; creating s. 240.2618, F.S.;

18         providing for preliminary orders, appeals,

19         final orders, and judicial review following

20         disciplinary hearings; creating s. 240.2622,

21         F.S.; requiring the Board of Regents to adopt

22         rules providing systemwide model disciplinary

23         rules, penalty guidelines, and procedure for

24         conducting disciplinary hearings; creating s.

25         240.2624, F.S.; providing for registration of

26         student organizations; amending s. 240.319,

27         F.S.; authorizing community college boards of

28         trustees to provide by rule a uniform code of

29         penalties for students and employees who

30         violate college rules, county and municipal

31         ordinances, state laws, laws of the United

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    Florida Senate - 2000                                  SB 2116
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  1         States, and other states; providing an

  2         effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 240.261, Florida Statutes, is

  7  amended to read:

  8         240.261  Disciplinary rules; employees.--

  9         (1)  Each university may adopt, by rule, a uniform code

10  of appropriate penalties for violations of rules by students

11  and employees, to be administered by the president of each

12  university. These Such penalties, unless otherwise provided by

13  law, may include fines, the withholding of diplomas or

14  transcripts pending compliance with rules or payment of fines,

15  and the imposition of probation, suspension, or dismissal.

16         (2)  The university shall adopt rules for the lawful

17  discipline of any student, faculty member, or member of the

18  administrative staff who intentionally acts to impair,

19  interfere with, or obstruct the orderly conduct, processes,

20  and functions of a state university.  These Said rules may

21  apply to acts conducted on or off campus when relevant to such

22  orderly conduct, processes, and functions.

23         Section 2.  Section 240.2612, Florida Statutes, is

24  created to read:

25         240.2612  Disciplinary rules; students and student

26  organizations.--

27         (1)  Each state university shall adopt uniform

28  disciplinary rules under ss. 120.54 and 120.536(1) which apply

29  to all students and student organizations and which prescribe

30  standards of conduct, specific offenses of misconduct, and

31  appropriate penalties for each offense committed in violation

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  1  of the disciplinary rules. These offenses may apply only to

  2  acts or omissions conducted in violation of rules adopted by

  3  the university enforcing provisions of law; of rules adopted

  4  by the Board of Regents enforcing provisions of law; of county

  5  and municipal ordinances; or of the laws of this state, the

  6  United States, or any other state.

  7         (2)  The disciplinary rules must include penalty

  8  guidelines for each offense committed by a student. These

  9  penalty guidelines must specify a meaningful range of

10  designated penalties based on the severity and repetition of

11  specific offenses to distinguish minor violations from those

12  that endanger the health, safety, or welfare of the students,

13  faculty, or administrative staff of the university; to provide

14  reasonable and meaningful notice to students of the likely

15  penalties that may be imposed for proscribed conduct; and to

16  ensure that these penalties are consistently applied by the

17  university. When imposing a penalty, each university hearing

18  officer or board must follow the penalty guidelines adopted by

19  the university. The penalty guidelines must classify each

20  offense as a minor offense, a moderate offense, or a serious

21  offense. When specifying the range of designated penalties for

22  each specific offense, the penalty guidelines must also comply

23  with the following:

24         (a)  A minor offense or moderate offense must be

25  punished by issuing a verbal or written reprimand, imposing

26  probation, or imposing a combination of these penalties.

27         (b)  A serious offense must be punished by issuing a

28  verbal or written reprimand, imposing probation, suspension,

29  dismissal, or expulsion, or imposing a combination of these

30  penalties.

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  1         (3)  In addition to the penalties authorized by this

  2  section, the disciplinary rules may prescribe penalties

  3  affecting the academic standing of a student for offenses

  4  involving academic dishonesty. These penalties may include,

  5  but are not limited to, reduction of an assigned grade,

  6  assignment of a failing grade, or loss of academic credit. For

  7  offenses involving academic dishonesty, including cheating and

  8  plagiarism, penalties affecting the academic standing of a

  9  student may be imposed in addition to other penalties

10  authorized by this section.

11         (4)  Except as otherwise provided by law, the

12  disciplinary rules may not specify as an offense an omission

13  by a student to prevent another person from committing an

14  offense.

15         (5)  Each offense committed by a student organization

16  must be punished by issuing a verbal or written reprimand;

17  placing the registration of the student organization on

18  probation; suspending, canceling, or revoking the registration

19  of the student organization; refusing to register the student

20  organization under s. 240.2624; or imposing a combination of

21  these penalties.

22         (6)  Except as otherwise provided by law, the

23  disciplinary rules may apply only to acts conducted on campus

24  and acts that are associated with the student's conduct as a

25  student and are connected to the university or to a student

26  organization. The disciplinary rules may also apply to acts

27  conducted off campus if these acts endanger the health,

28  safety, or welfare of the students, faculty, or administrative

29  staff of the university.

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  1         (7)  The disciplinary rules may allow the university to

  2  withhold a student's diploma or transcript pending compliance

  3  with the rules.

  4         Section 3.  Section 240.2614, Florida Statutes, is

  5  created to read:

  6         240.2614  Disciplinary hearings.--

  7         (1)  After a university charges a student or a student

  8  organization with an offense, the university shall conduct a

  9  disciplinary hearing, after reasonable notice to the student

10  or to the student organization of at least 7 days, to make a

11  factual determination of whether the student or the student

12  organization is guilty of having committed the offense and, if

13  the student or the student organization is found guilty, to

14  impose an appropriate penalty. The university must conduct the

15  disciplinary hearing within 30 days after the student or the

16  student organization is charged unless the student or the

17  student organization agrees in writing to a continuance or for

18  good cause shown. The notice must include:

19         (a)  A statement of the time, place, and nature of the

20  disciplinary hearing.

21         (b)  A list of each offense with which the student or

22  the student organization is charged. In the case of a student,

23  each offense must be accompanied by a notation stating whether

24  it is punishable under s. 240.2612(2) as a minor offense, a

25  moderate offense, or a serious offense.

26         (c)  For each offense, a copy of the complaint or other

27  document that resulted in the student or the student

28  organization being charged.

29         (2)  Each university shall adopt rules under ss. 120.54

30  and 120.536(1) which provide uniform procedures for filing

31  complaints and conducting disciplinary hearings and which must

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  1  be consistently administered for both undergraduate and

  2  graduate students. Each disciplinary hearing must be conducted

  3  and adjudged by a hearing board composed entirely of students

  4  established under the student judicial system under s.

  5  240.2616 unless the student or the student organization

  6  chooses to appear before:

  7         (a)  A hearing officer who is not a student;

  8         (b)  A hearing board composed of both students and

  9  nonstudents; or

10         (c)  A hearing board the membership of which does not

11  include students.

12         (3)  Each student and each student organization charged

13  with an offense must have the opportunity to respond to the

14  charge; to present evidence and argument on all issues under

15  consideration; to conduct cross-examination when testimony is

16  taken or documents are made a part of the record; to be

17  provided, at least 72 hours before the disciplinary hearing is

18  conducted, with a list of each witness whose testimony will be

19  taken and a copy of each document that will be made part of

20  the record; to submit rebuttal evidence; and to be represented

21  by counsel or a nonattorney representative at the student's or

22  the student organization's own expense. This subsection does

23  not require the university to provide any person or any

24  student organization with legal representation.

25         (4)  A student may not be compelled to give

26  self-incriminating testimony, nor may either a student or a

27  student organization be twice put in jeopardy for the same

28  offense. If an offense committed in violation of the

29  disciplinary rules is a crime, the university is not required

30  to postpone the disciplinary hearing pending the disposition

31  of a criminal proceeding, and any penalty imposed under ss.

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  1  240.2612-240.262 is in addition to any penalty imposed for the

  2  criminal offense.

  3         (5)  In order to expedite the disciplinary hearing or

  4  to allow the student or the student organization to admit

  5  guilt and receive an appropriate penalty without an

  6  evidentiary hearing, each student and each student

  7  organization may:

  8         (a)  Waive in writing the 7-day notice requirement

  9  provided in subsection (1).

10         (b)  Waive in writing the right provided in subsection

11  (2) to appear before a hearing board composed entirely of

12  students established under the student judicial system in s.

13  240.2616 and choose to appear before a hearing officer who is

14  not a student, a hearing board composed of both students and

15  nonstudents, or a hearing board the membership of which does

16  not include students.

17         (c)  Waive in writing any of the procedural rights

18  provided in subsection (3).

19

20  A student or student organization may not exercise these

21  waivers until 24 hours after the university has explained the

22  effect of these waivers and has provided the student or the

23  student organization with a copy of the explanation in

24  writing. The university may reduce the penalty and, in the

25  case of a student, the range of designated penalties specified

26  in the penalty guidelines adopted under s. 240.2612(2), if the

27  student or the student organization admits guilt or exercises

28  these waivers to expedite the disciplinary hearing.

29         (6)  Each university and its hearing officers and

30  boards may swear witnesses and take their testimony under

31  oath, may compel the attendance of any student or any student

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  1  organization charged with an offense, and must issue subpoenas

  2  to its students, faculty, administrative staff, or other

  3  employees upon the request of the student or the student

  4  organization or upon its own motion.

  5         (7)  Each university shall accurately and completely

  6  preserve the record of each disciplinary hearing and, upon

  7  request, must provide a copy of the record to the student at

  8  his or her own expense or, in the case of a student

  9  organization, to the organization at its own expense or to any

10  officer, director, or member, thereof, at his or her own

11  expense.

12         (8)  In each disciplinary hearing, each student and

13  each student organization is presumed innocent of each offense

14  charged. The university has the burden to prove that the

15  student or the student organization committed the offense by

16  evidence that is clear and convincing.

17         (9)  In each disciplinary hearing, evidence that is

18  irrelevant, immaterial, or unduly repetitious must be

19  excluded, but all other evidence of a type commonly relied

20  upon by reasonably prudent persons in the conduct of their

21  affairs is admissible, whether or not this evidence would be

22  admissible in a civil or criminal proceeding. Documentary

23  evidence may be received in the form of a copy or excerpt.

24  Upon request, the student or the student organization charged

25  with an offense and the university must have the opportunity

26  to compare the copy with the original, if available. The

27  testimony of each student charged with an offense and each

28  witness shall be taken under oath. Hearsay evidence may be

29  used for the purpose of supplementing or explaining other

30  evidence, but is not sufficient in itself to support a finding

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  1  of fact unless it would be admissible over objection in a

  2  civil or criminal proceeding.

  3         (10)(a)  If the university has reasonable cause to

  4  believe that a student poses an immediate danger to the

  5  health, safety, or welfare of the students, faculty, or

  6  administrative staff of the university, the university may

  7  temporarily suspend the student pending the disposition of a

  8  disciplinary hearing conducted under this section or a

  9  criminal proceeding, as applicable, if at least one of the

10  following apply:

11         1.  The university has found in a written order that

12  probable cause exists to charge the student with a serious

13  offense punishable under s. 240.2612(2)(c).

14         2.  The student is charged by indictment or information

15  with a felony, regardless of whether the offense was committed

16  on campus or off campus.

17         (b)  When a student is suspended under this subsection

18  and is subsequently found not guilty of the offense or the

19  charge is dismissed, the university must immediately readmit

20  the student to the university with a complete refund of all

21  matriculation, tuition, and other fees paid for the affected

22  terms, quarters, semesters, or other similar periods for which

23  the student was enrolled and must remove any record of the

24  suspension or of the affected courses from the transcripts or

25  other permanent records and reports of the student.

26         Section 4.  Section 240.2616, Florida Statutes, is

27  created to read:

28         240.2616  Student judicial system.--

29         (1)  Each state university shall adopt rules under ss.

30  120.54 and 120.536(1) which create a student judicial system.

31  Under these rules, each university shall establish and

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  1  organize hearing boards composed entirely of students to

  2  conduct and adjudge disciplinary hearings under ss.

  3  240.2612-240.262.

  4         (2)  The membership of each hearing board established

  5  at a university that operates a law school must include at

  6  least one student enrolled in the law school if the law school

  7  is located within 10 miles of the campus, center, or site at

  8  which the hearing board is established.

  9         Section 5.  Section 240.2618, Florida Statutes, is

10  created to read:

11         240.2618  Preliminary orders; appeals; final orders;

12  judicial review.--

13         (1)  Within 30 days after each disciplinary hearing,

14  the university hearing officer or board must issue a

15  preliminary order. Each student and each student organization

16  may appeal a preliminary order to the university president or

17  his or her designee. The university may not require a student

18  or a student organization to indicate his or her intention to

19  appeal a preliminary order less than 7 days after the

20  university has provided the student or the student

21  organization with a copy of the preliminary order.

22         (2)  The preliminary order is subject to approval by

23  the university president or his or her designee, but the

24  university president or his or her designee may not increase

25  the penalty imposed by the hearing officer or board. If a

26  rehearing is conducted upon appeal of a preliminary order, the

27  hearing officer or board in the subsequent hearing may not

28  impose a penalty greater than the penalty that was imposed at

29  the original hearing. After the preliminary order is approved,

30  the university must issue a final order that constitutes final

31  agency action.

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  1         (3)  Each preliminary order and each final order must

  2  be in writing and include findings of fact and conclusions of

  3  law separately stated. Each finding of fact must be

  4  accompanied by a concise and explicit statement of the

  5  underlying facts of record that support the finding.

  6         (4)  Any adversely affected student or, in the case of

  7  a student organization, any adversely affected student

  8  organization or any officer, director, or member, thereof, has

  9  standing to seek judicial review of any final order under s.

10  120.68.

11         Section 6.  Section 240.2622, Florida Statutes, is

12  created to read:

13         240.2622  Model rules.--Before July 1, 2001, the Board

14  of Regents shall adopt rules under ss. 120.54 and 120.536(1)

15  which provide systemwide model disciplinary rules, penalty

16  guidelines, and rules of procedure for conducting disciplinary

17  hearings. Before adopting these systemwide model rules and

18  guidelines, the board must consider the recommendation of the

19  committee created by s. 120.81(1)(g), which must submit its

20  recommendation to the board suggesting systemwide model rules

21  and guidelines before February 1, 2001. Before September 1,

22  2001, each university shall adopt the systemwide model rules

23  and guidelines adopted by the Board of Regents as rules of the

24  university under ss. 120.54 and 120.536(1) in lieu of the

25  rules adopted to implement ss. 240.2612-240.262, except that

26  each university may adopt substantially similar rules and

27  guidelines with modifications. The proposed modifications to

28  the systemwide model rules and guidelines must be approved by

29  the Board of Regents before implementation and must be

30  accompanied by specific findings demonstrating that the

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  1  proposed modifications are necessary to accommodate

  2  circumstances unique to the university.

  3         Section 7.  Section 240.2624, Florida Statutes, is

  4  created to read:

  5         240.2624  Student organizations; registration.--Each

  6  state university shall adopt rules under ss. 120.54 and

  7  120.536(1) which provide for the registration of student

  8  organizations. Under these rules, each student organization

  9  must annually register with the university on forms provided

10  by the university, which must include at least the name,

11  purpose, and bylaws of the organization and the full names,

12  mailing addresses, telephone numbers, and social security

13  numbers of the officers and directors of the organization. A

14  student organization may not operate under the sanction of the

15  university unless it is registered with the university. The

16  university shall issue a certificate or letter to each student

17  organization registered under this section as proof of

18  registration. The university may not charge a fee or service

19  charge for registering a student organization.

20         Section 8.  Paragraph (h) of subsection (4) of section

21  240.319, Florida Statutes, is amended to read:

22         240.319  Community college district boards of trustees;

23  duties and powers.--

24         (4)  Such rules, procedures, and policies for the

25  boards of trustees include, but are not limited to, the

26  following:

27         (h)  Each board of trustees may adopt rules under ss.

28  120.54 and 120.536(1) which provide, by rule, a uniform code

29  of appropriate penalties for violations of its rules by

30  students and employees of rules adopted by the board of

31  trustees enforcing provisions of law; of county and municipal

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  1  ordinances; or of the laws of this state, the United States,

  2  or any other state. These Such penalties, unless otherwise

  3  provided by law, may include fines, the withholding of

  4  diplomas or transcripts pending compliance with rules or

  5  payment of fines, and the imposition of probation, suspension,

  6  or dismissal, or expulsion.

  7         Section 9.  Sections 240.132 and 240.133, Florida

  8  Statutes, are repealed.

  9         Section 10.  This act shall take effect September 1,

10  2000.

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13                          SENATE SUMMARY

14    Requires state universities to adopt uniform disciplinary
      rules for students and student organizations. Provides
15    guidelines for penalties. Provides for disciplinary
      hearings, procedures, due process, appeals, waiver of
16    hearings, and evidentiary standards. Provides for
      temporary suspension of a student in case of immediate
17    danger to health or welfare of other students, faculty,
      or staff. Requires universities to adopt rules creating a
18    student judicial system. Provides for hearing boards.
      Provides for preliminary orders, appeals, final orders,
19    and judicial review following disciplinary hearings.
      Requires the Board of Regents to adopt rules providing
20    systemwide model disciplinary rules, penalty guidelines,
      and procedure for conducting disciplinary hearings.
21    Provides for the registration of student organizations.
      Authorizes community college boards of trustees to
22    provide by rule a uniform code of penalties for students
      and employees who violate college rules, county and
23    municipal ordinances, state laws, of laws of the United
      States or other states.
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