Florida Atlantic University Defense Attorneys

Florida Atlantic University is Florida’s fifth public university and is located in Boca Raton, FL with satellite locations located in Dania Beach, Davie, Fort Lauderdale, Jupiter, and Fort Pierce.  The University consistently enrolls over 30,000 students with over 180 bachelor’s, master’s, and doctoral programs.  Florida Atlantic has been commonly considered the most “racially, ethnically, and culturally diverse institution” in Florida. 

Like every university, Florida Atlantic University has a student code of conduct that proscribes the rules and regulations that each student must follow. When a student is accused of breaking the code of conduct, it can be a crucial time in the student’s life because a violation can result in punishment ranging from a reprimand to expulsion from the University. 

If you are a Florida Atlantic University student who is accused of a violation, you don’t need to face these allegations alone.  Hubbs Law represents students from all Florida colleges and universities including the University of Miami, Florida International University, Miami-Dade College, Barry University, St. Thomas University, Nova Southeastern University and more. 

Call Hubbs Law today to at 305-570-4802 to schedule your consultation. 

Florida Atlantic University Code of Conduct

Florida Atlantic University outlines their Student Code of Conduct under Regulation 4.007 which states the goal of the rules are to provide “consistent expectations related to students’ personal conduct, both on and off of the University campus.  The University principles and this regulation address respect for laws, policies, and regulations; for people and property; for fairness, and integrity”.

The Florida Atlantic University Student Code of Conduct is the document that governs both what conduct is prohibited on campus and the procedures for challenging allegations of misconduct. 

Some conduct that Florida Atlantic University prohibits includes:

• Drinking Alcohol While Underage
• Driving Under the Influence
• Drinking Alcohol in Public Places
• Selling or Manufacturing Alcohol
• Bullying
• Possession of a Controlled Substance
• Possession of Drug Paraphernalia
• False Information, Impersonation, or Withholding Information to the University
• Harassment
• Disruptive Conduct
• Hazing
• Obstruction with the Student Code of Conduct Process
• Sexual Exploitation
• Theft, Conversion, Misuse, or Damage of Property
• Trespassing
• Possession of Weapons or Hazardous Materials 
• Indecent or Voyeuristic Behaviors
• Verbal, Written, or Physical Abuse
• Violence, or Threat of Violence

Procedures for Student Conduct Proceedings at Florida Atlantic University 

The Complaint

Student conduct proceedings at Florida Atlantic University commence when a complaint is filed.  A complaint can be submitted to the University in several ways including, filing a police report with the University Police Department, requesting that a report from another law enforcement agency is sent to the Dean of Students, or providing a written or oral statement to the Dean of Students. 

Generally, all complaints must be made within six months of the incident or knowledge of the incident.  However, the Dean of Students has authorization to waive this requirement in matters of alleged misconduct that constitute a threat to the health, safety, or welfare of a student or the University Community. 

The Investigation

After a complaint is filed, the Dean of Students will evaluate the information, evidence, and reports to determine if there are reasonable grounds to believe that the allegations may constitution a violation of the University’s Code of Conduct.  During this investigative process, the Dean of Students may conduct an “Investigative Conference” with the student or other witnesses to the incident. 

The Notice of Charges

If the Dean of Students decides to formally charge the student with a violation of the Student Code of Conduct, notice of the charges must be sent to the student in writing.  The notice must include the specific sections of the Student Code of Conduct the student is accused of violating, a brief description of alleged misconduct with sufficient detail to allow the student to prepare for a hearing, the process to be used in determining whether a violation occurred, the student’s rights, and an invitation to attend a Student Conduct Conference.

The Student Conduct Conference

The Student Conduct Conference must occur no sooner than seven business days from the Notice of Charges unless waived by the student. The purpose of the Student Conduct Conference is for the Dean of Students to explain to the student’s charges, rights, and the process moving forward.  At the conclusion of the Student Conduct Conference, the student may accept or deny responsibility for the charges.

If the student decides to accept responsibility for the charges, the Dean of Students will sanction the student as he or she deems appropriate. Sanctions will be assigned in writing within seven business days of the Student Conduct Conference. 

The Hearing

When a student denies responsibility, a hearing will be scheduled no less than seven business days after the Student Conduct Conference unless waived by the student.  The student may choose to have their hearing before the Student Conduct Board or a University Hearing Officer.  The Student Conduct Board consists of two students, one faculty member/administrator, and an option fourth member who may be a student or faculty member/administrator. 

Within five business days of the hearing, an information session will be held where the names of the University Hearing Officer or Student Conduct Board members will be revealed.  The student may challenge the impartiality of any member of the hearing body within two business days of the information session. 

At the hearing, the hearing panel will listen to the testimony of witnesses and review evidence.  The charged student, referred to as “Respondent” shall have the opportunity to question witnesses, call witnesses, testify, or present additional evidence. At the conclusion of the hearing, the hearing panel will determine if the University established by a “preponderance of the evidence” that the student has violated the Student Code of Conduct.   

The Sanctions

If the student either admits responsibility or is found responsible after a hearing, the Dean of Students next determines appropriate sanctions. In determining the sanctions, the Dean of Students will evaluate the seriousness of the offense, any aggravating or mitigating circumstances, and the student’s prior conduct record. 

Possible sanctions may include a student conduct warning, community service, a counseling assessment, connection to University programs, student organizations, or mentoring options, deferred suspension, education activities, involuntary withdrawal from classes, restriction of privileges, restitution, revocation of admission or degrees, withholding of degree, student conduct probation, suspension, or expulsion.

The Appeal

A student has the right to appeal the decision of the University or the sanctions imposed.  An appeal must be made in writing within five business days of the date of the “Notice of Decision and Sanction” to the student.  The appeal must set forth the specific grounds for the appeal which must be based on one of the following reasons:

1. Failure to receive the minimum requirements of process or a procedural irregularity that affected the outcome of the matter;
2. Severity of the sanction;
3. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
4. The investigator, Student Conduct Board, or University Hearing Officer had a conflict of interest or bias for or against the student that affected the outcome of the matter. 

Florida Atlantic Title IX Policy 

Title IX is a federal law that prohibits sexual or gender discrimination at public universities.  Like most other schools, Florida Atlantic University has adopted a separate policy for conduct that violates Title IX.  Students can find the rules and regulations for Florida Atlantic University’s Title IX under policy number 7.10.

This results in a wide range of prohibited ranging from sexual harassment to sexual assault.  Some of the conduct which is prohibited under this policy includes:

• Sex Discrimination
• Gender Discrimination
• Sexual Harassment
• Sexual Assault
• Domestic Violence
• Dating Violence
• Stalking

Procedures for Title IX Proceedings at Florida Atlantic University 

The Report

Reports of Title IX violations can come from the complainant themselves or another individual.  In fact, any official of the University that witnesses sexual discrimination or harassment has a duty to report it or faces discipline from the University.  Reports may be made in person, online, by mail, email, or by phone to the University’s Ethics Hotline.

Upon receiving a report, The Office of Civil Rights will evaluate the report to make sure it is within the jurisdiction of Title IX.  If so, The Office of Civil Rights will contact the alleged victim to discuss the allegation, explain the process for Title IX, and offer supportive measures such as counseling.

The Formal Complaint

The alleged victim will be given the opportunity to complete a formal complaint after the University is notified about a potential Title IX violation. Even if the alleged victim does not wish to file a formal complaint, the Office of Civil Rights can still elect to file a formal complaint on the alleged victim’s behalf where appropriate. 

When reviewing the complaint, the Office of Civil Rights must dismiss the complaint if 1) the conduct alleged did not occur in the University’s education program or activity, or did not occur against a person in the United States, or 2) the conduct alleged in the formal complaint, even if proven, would not constitute a Title IX violation. 

The Office of Civil Rights may dismiss a complaint if 1) the complainant elects to withdraw the formal complaint, 2) the respondent is no longer enrolled in the University, or 3) specific circumstances prevent the University from gathering sufficient evidence to reach a determination of the allegations in the formal complaint. 

The Investigation

Upon receiving the formal complaint, a written “Notice of Investigation” will be sent to all parties.  The written notice will contain the student’s rights under Title IX, a description of the process including Informal Resolution, detailed information about the allegations including the identity of the parties involved, the conduct alleged, and the date and location of the incident. 

During the investigation, the Title IX investigator will interview the complainant, witnesses, and the charged student.  The student has a right to have an advisor during this process which may be an attorney.  While the attorney cannot speak on behalf of the student, an attorney can advise the student about what statements to make or not make prior to the meeting. 

After completing the investigation, the investigator shall issue a final report within seventy-five days of the filing of the Formal Complaint. The report should include a summary of the complaint, a description of the investigation, and analysis of the facts and evidence presented.  The report will be made available to all parties. 

The Informal Resolution

An informal resolution is an alternative to a final hearing where all parties including the charged student, the complainant, and the Office of Civil Rights stipulate to a resolution to resolve the case.  If any party objects to the informal resolution, then the case continues to a final hearing.  An informal resolution binds all parties to the resolution in the case, and a party may not request further investigation or hearings regarding the same allegations. 

The Hearing

If an informal resolution cannot be reached, a notice of hearing will be issued with a hearing date no less than ten days.  The notice of hearing shall contain the specific allegations detailed in the Notice of Investigation, the burden of proof at the hearing, the date, time, and location of the hearing, the names of the Hearing Officer or Hearing Panel, the process for challenging Hearing Panel members based on bias or conflict of interest, and the charged student’s right to an advisor to represent them at final hearing. 

At the hearing, the hearing panel will listen to the testimony of witnesses and review evidence.  The charged student, or the student’s advisor, will have the opportunity to question witnesses, call witnesses, or present additional evidence.  At the conclusion of the hearing, the hearing panel will determine if the University established by a “preponderance of the evidence” that the student has violated the Title IX prohibited conduct.   

The Sanctions

Sanctions in Title IX cases are applied in the same manner as violations of the Student Code of Conduct. 

The Appeal

A student has the right to appeal the decision of the University or the sanctions imposed.  An appeal must be made in writing within five business days of the determination of responsibility and must be submitted through the reporting page under “OFFICE OF CIVIL RIGHTS AND TITLE IX – APPEAL FORM”.  The appeal must set forth the specific grounds for the appeal which must be based on one of the following reasons:

1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
3. The investigator, Office of Civil Rights, or Hearing Panel had a conflict of interest or bias for or against the student that affected the outcome of the matter. 

Student’s Rights at Florida Atlantic University 

Under both Florida Atlantic University’s Student Code of Conduct and Title IX policies, students have valuable rights including:

• The right to request reasonable accommodations in compliance with the Americans with Disabilities Act (ADA). 
• The right to have their status remain unchanged pending final student conduct action except in cases involving the health, safety, or welfare of the University Community. 
• The right to notice of the charges.
• The right to be informed of the rules and policies of the Student Code of Conduct and Title IX. 
• The right to be assisted by an advisor.
• The right not to be forced to present testimony. 
• The right to a fair and impartial hearing.
• The right to a Student Conduct Conference no less than seven business days after the University provides the student with a Notice of Charges.
• The right to a Hearing no less than seven business days after the Notice of Hearing is issued.
• The right to review no less than five business days prior the Hearing the information that will be presented to the Hearing body.
• The right to present information and call witnesses at the Hearing.
• The right to hear and question witnesses who participate at the Hearing.
• The right to request an appeal.
• The right to an accurate and complete record of the Hearing.

Additional Resources

• Florida Atlantic University Student Code of Conduct - Click the link to read Florida Atlantic University Student Code of Conduct.
• Florida Atlantic University Title IX Policy – Click the link to read Florida Atlantic University’s Title IX Policy and Procedures. 
• Florida Atlantic University Dean of Students - Click the link to visit the Dean of Student’s Office for Florida Atlantic University, which is the office that handles alleged violations of the Student Code of Conduct. 
• Florida Atlantic University Office of Civil Rights – Click the link to visit the Office of Civil Rights for Florida Atlantic University, which is the office that handles alleged violations of Title IX.   

Attorney for Student Defense at Florida Atlantic University

At Hubbs Law, we defend against allegations of student misconduct at all Florida universities, including Florida Atlantic University, the University of Miami, Florida International University, Miami-Dade College, Barry University, St. Thomas University, Nova Southeastern University, and more. Our attorneys have the experience necessary that can give you, or your family member, the best chance to defend the case.

Attorney E.J. Hubbs is a former prosecutor who has handled over 10,000 cases in his career.  He has the courtroom experience necessary to give you the best opportunity to protect your reputation as a student. 

Hubbs Law handles all college student cases in Miami-Dade County, including South Miami, North Miami, Coral Gables, Kendall, Miami Shores, Homestead, Pinecrest, Palmetto Bay, Cutler Bay, and Hialeah, and Doral, as well as other cities and counties surrounding the Greater Miami Area. 

Call 305-570-4802 today to schedule your first consultation today.