2. Student Rights and Responsibilities

A. Student Rights

1. Participation in Student Government Association and its elective process.

2. Membership in Student Organizations.

3. Freedom of expression. The basic freedoms of students to hear, write, distribute, and act upon a variety of thoughts and beliefs are guaranteed. Freedom of expression carries with it the responsibility for seeing that the essential order of the University is preserved.

4. Freedom to hold public forums. The University desires to create a spirit of free inquiry and to promote the timely discussion of a wide variety of issues, provided the views expressed are stated openly and are subject to critical evaluation. Restraints on free inquiry are held to a minimum and are consistent with preserving an organized society in which peaceful, democratic means for change are available. Guest lecturers or off campus speakers sponsored by student groups may appear on the UCF campus following arrangements with the designated University authority for such appearances.

5. Freedom to hear, write, distribute and act upon a variety of thoughts and beliefs. This freedom is subject to the following regulations:
   • Written materials identified by authorship and sponsorship may be sold or distributed on campus within the guidelines of propriety and responsible journalism as established and supervised by the University Board of Publications which is appointed by the President or designee. The distribution of such material, as is arranged by the Director of Office of Student Involvement, is permissible for student organizations provided steps have been taken to preserve the orderliness of the campus.
   • Non-university or off-campus printed materials shall not be distributed or circulated by students or student organizations without first being stamped by the office of the Director of the Office of Student Involvement.
   • The distribution of materials or circulation of petitions to captive audiences such as those in classrooms, at registration, in study areas or in residential units is not allowed without prior permission. Such permission may be requested from the appropriate university official.

6. Peaceful assembly. Existing laws and University rules shall be observed. Student gatherings must neither disrupt or interfere with the orderly educational operation of the institution, nor violate state or local laws, or University rules.

7. Fair and impartial hearing. These matters shall include, but not be limited to:
   • Disciplinary proceedings involving alleged violation of academic and nonacademic rules and regulations.
   • Refunds and charges. The status of a student charged with a violation of University regulations shall not be affected pending final disposition of the charges except in the case of administrative action. For specific procedures and rights of students during the student conduct process, see later section entitled “Student Conduct Review Process.”

8. Confidentiality of student records. Each University office and agency which generates, collects, and disseminates information on students must follow the guidelines for confidentiality of those records in their possession. For further information see, “Student Record Guidelines.”

9. Provisions for Victims/Survivors of Acts of Violence. To ensure fairness to victims/survivors of acts of violence throughout the disciplinary process, the University has established the following policy on victims/survivors:
   • a victim or a survivor may have a person of her or his choice accompany her or him throughout the Student Conduct Review process. This person will act as a support person or advisor but will not represent the victim or survivor.
   • a victim or survivor may submit a list of questions related to the alleged incident, prior to the hearing, that she or he feels the charged student should be asked during the hearing process.
   • a victim or survivor may not have her or his irrelevant past conduct, including sexual history, discussed during the hearing. The issue of relevancy shall be determined by the Student Hearing Panel or the hearing officer.
   • a victim or a survivor may make a “victim or survivor impact statement” and suggest an appropriate sanction (to include appropriate compensations) if the charged student is found to have been in violation of the Rules of Conduct.
   • a victim or survivor may know the outcome of the student conduct review process, after making a commitment to protect the confidentiality for all persons involved as outlined in the Family Educational Rights and Privacy Act Regulations, 99.31.13. However, where the student conduct review process is invoked for a sex offense, both the victim/survivor and the accused must be informed of the final outcome of the student conduct review process without a commitment to protect the confidentiality of the information, pursuant to the Clery Act Regulations, 668.46(b)(11). The "final outcome" means only the final determination with respect to the alleged sex offense and any sanction that is imposed against the accused.

B. Student Responsibilities

Students and organizations are responsible for the observation of all University policies and rules.

Rights and freedoms in any environment are protected through exercised responsibilities and maintained through an established system for justice. The ideal balance of control for liberties is strongly weighted toward understanding and observing regulations as acts of individual responsibility, not always because of agreement, but because compliance also serves the best interests of all and helps in the completion of stated individual and University objectives.

The University has compiled student-governing information in this handbook and has distributed it to help provide direction and awareness for the academic community. It is each student’s responsibility to become aware of and learn its regulatory content and procedures for dealing with problems which may arise in the course of educational progress.

When University rules are judged to no longer serve the best interests of all, the consideration for change should be introduced through appropriate channels.

Within the University, emphasis is placed on the development of each individual’s recognition and acceptance of personal and social responsibilities. High ethical and moral standards of conduct are a part of the University’s mission and its contribution to the well being of society.

C. University Crisis Committee

The Crisis Committee is composed of the following persons and/or their designee(s): Health Services Director, Counseling Center Director, Associate Director of Safety and Security for University Police, Director of the Office of Student Rights and Responsibilities, Office of Student Conduct Representative, Associate Dean for Academic Servicesand the Director of Housing and Residence Life.

The University may refer students who are viewed to be engaging in behavior that poses risk to themselves or others to the Crisis Committee for possible action. Such behaviors include, but are not limited to, suicidal behavior, self-injury, threats to harm others, disruptive behavior, disordered eating, and endangerment to the community.

Various campus units may enlist the services of the Committee. These include Housing and Residence Life, Health Services, Disability Services, Counseling, Recreation and Wellness Services, Office of Fraternity and Sorority Life, Athletics, Alcohol and Other Drug Programming Office, University Police and the Office of Student Conduct. In the event that a student’s behavior raises concern about risk of danger to self or others, the involved unit will contact the Director of OSRR. The Director of OSRR will then contact Crisis Committee members to convene a meeting in order to review the case and decide on the best course of action.

The role of the Health Services Director and the Counseling Center Director on the Crisis Committee will be consultative in nature. When possible, the Health Services Director and the Counseling Center Director will not confer on a case for which they are (or have been) serving in a direct provider relationship with the involved student. When the involved student has been a client at the UCF Counseling Center , the Counseling Center Director will maintain the confidentiality of the student’s clinical information and will make recommendations for action based solely upon the information provided in the Crisis Committee meeting.

D. Mandated Assessment Policy

In an effort to minimize risk of students with potentially unstable mental health conditions and to help protect the welfare of the UCF campus community, the University of Central Florida has a procedure for reviewing incidents which have resulted in a student’s involuntary examination of imminent danger to self or others via the Baker Act (Statute 394.463, Florida Mental Health Act) or Marchman Act (Chapter 397, Florida Statute). Whenever Police (UCF, Orange County , etc.) provide transportation of a UCF student to the hospital for involuntary examination, the Police will file a report with the Office of Student Rights and Responsibilities (OSRR). Once the report is received, the Director of OSRR may notify and consult with a designated representative of the UCF Counseling Center or Student Health Service and/or the UCF crisis committee to review the severity of the student’s behavior related to the involuntary examination for potential of continued risk to the campus community. A determination will be made whether a mandated interview and counseling education is adequate or whether some other more stringent, protective action is appropriate to protect both the welfare of the student and the community. In either case, the Director of OSRR will contact the student in a timely manner (upon release from the hospital and return to UCF) and require an initial meeting between an OSRR representative and the student to inform the student of their rights and responsibilities regarding the incident involving imminent risk to self or others.

In cases where a mandated assessment and counseling education are deemed adequate, the Director of OSRR will require such students to complete an interview with a licensed mental health professional and participate in a counseling education program.  The required interview must occur within two weeks following release from the hospital. Examples of a licensed mental health professional include a UCF Health Service psychiatrist, a UCF Counseling Center counselor, or a community based counselor or psychiatrist of the student’s choice.  The mandatory counseling education program, which is facilitated by the UCF Counseling Center , must occur within 8 weeks following hospital release.  The Director of OSRR will require proof of participation for the required interview with the licensed mental health professional and the counseling education program(s). Failure to comply may result in the initiation of the UCF Involuntary Withdrawal Procedure.

In cases where more protective action is needed based on more severe behavior/conduct (e.g., behaviors/actions towards killing self, behavior endangering others, threats to harm others, behavior disruptive to community), the Director of OSRR director may initiate a 1) summary suspension followed by a student conduct review and due process, 2) involuntary withdrawal procedure, or 3) required interview with a mental health professional and counseling education.

E. Involuntary Withdrawal Policy

Process:

1. This notification is received in the form of an incident report to the Office of Student Rights & Responsibilities, or a psychiatric evaluation filed with the UCF Police Department. The student will be withdrawn if the Director of OSRR concludes, on the basis of preponderance of evidence, that the student engages or threatens to engage in behavior that:
   • Poses a significant danger of causing harm to the student or to others, or
   • Substantially impedes the lawful activities of other members of the campus community.

2. The Director of the Office of Student Rights & Responsibilities reserves the right to impose an immediate and interim withdrawal (the equivalent of a summary suspension), prior to the review of all information, if the Director concludes that the student poses a threat to the welfare of any individual, the student body, or any part of the University or its community. In such cases, there will be a scheduling of a hearing within three (3) calendar days to determine the status of interim withdrawal. At this hearing, the student shall be offered an opportunity to provide documentation from an appropriate healthcare provider of their choice who has conducted a proper assessment.

3. The Director of the Office of Student Rights & Responsibilities will call a meeting of the University Crisis Committee at the earliest possible date. This committee is composed of representatives of the following University offices: Student Health Services, Office of Student Conduct, Counseling Center, the Office of Undergraduate Studies, and other University officials as deemed necessary. The student may be present at this meeting and may present information in support of his/her case. Following the student’s presentation, the committee shall convene in executive session. At the conclusion of this proceeding, the committee shall make a recommendation to the Director of the Office of Student Rights & Responsibilities whether to withdraw the student, reinstate the student, or reinstate the student with conditions.

4. The Director of the Office of Student Rights & Responsibilities will make a final decision regarding the student’s enrollment status and notify the student in writing within 24 hours of the Crisis Committee’s recommendation.
5. A student subject to involuntary withdrawal is entitled to the following:
   • Notice of intent to remove the student pursuant to this policy stating the reasons for the action.
   • The opportunity to examine the psychiatric or other evaluations provided to the committee and to discuss them.
   • The opportunity to present relevant information for consideration of his/her case personally, or by a health professional working with that student, if the student is not capable of self-representation.
   • The opportunity to have an advisor of the student’s own choice accompany the student.
   • The right to appeal.

6. In the event a student disagrees with the decision of the Director of the Office of Student Rights & Responsibilities, the student may appeal the finding. The appeal must be made in writing to the Associate Vice President for Campus Life, or designee, within three (3) business days after the date of the notification to the student of the decision. The Associate Vice President for Campus Life, or designee, shall, within three (3) business days, sustain the initial decision or remand the case to the Crisis Committee for re-consideration.

7. Further administrative appeal may be made in writing by the student to the Vice President for Student Development and Enrollment Services. Such appeal must be made within three (3) business days after the date that the student was notified of the Associate Vice President’s decision. The Vice President may, within three (3) business days, approve, modify, or reject the original decision, or approve or reject the Associate Vice President’s decision. The Vice President’s decision will be considered final agency action.

8. Upon being withdrawn, the student may no longer attend classes, may not be an active member of a registered Student Organization, may no longer use University facilities, must vacate University owned or affiliated housing, and may be entitled to whatever refunds of tuition, fees, and room and board charges as would be appropriate given the timing of the withdrawal.

9. Students who are involuntarily withdrawn from the University shall have a hold placed on their records, which will prevent them from being readmitted or reenrolled in the institution except as stated in this paragraph. A student may request readmission or reenrollment at the University and provide the Director of the Office of Student Rights & Responsibilities with documentation from an appropriate healthcare provider of their choice who has conducted a proper assessment of the student and concluded that the student does not pose a serious threat of harm to himself/herself or others. In cases where the Director has imposed other conditions for readmission, it is the responsibility of the student to provide documentation of compliance with such conditions.

10. A student who is not involuntarily withdrawn may be subject to conditions to continue enrollment at the University. In such cases, the student will be provided with a written summary of conditions and must meet all conditions in order to maintain student status. A student who fails to meet such conditions will be subject to involuntary withdrawal by the Director of the Office of Student Rights & Responsibilities, or will be subject to charges through the University’s Student Conduct Review Process for failure to comply.

11. The current medical withdrawal process should not be used to handle withdrawals related to mental health issues where an imminent threat is evident or a violation of the Golden Rule has allegedly occurred. However a student could choose to pursue a medical withdrawal within six (6) months of the end of the semester. As a general principle, the regular Student Conduct Review Process and its policies and practices are preferred in serious instances of misconduct, without regard to whether there might be a mental health issues present. The procedures and specifications given in this rule are to be employed in those extraordinary situations in which, in the judgment of the appropriate administrative officers, the regular Student Conduct Review Process is not applicable or cannot be applied.