College Operating Procedures (See 2023-2024 Catalog Addendum for update)

Student Code of Conduct

(College Operating Procedure 06-0802)

Guidelines:

The Student Code of Conduct outlines the administrative procedures followed by the College when addressing student behavior.

Procedures:

Interim Actions:

The Vice Provost for Student Affairs, or designee, is authorized to determine if an alleged violation of the Student Code of Conduct warrants interim action. Interim actions may be implemented any time prior to the conclusion of the conduct process, including the appeal process.

The criteria used in making this determination is:

1. Whether the student poses an ongoing threat of harm, disruption of, or interference with the normal operations of the College; and
2. whether interim suspension is necessary to protect the health (physical and mental), safety or general welfare of the College Community or to preserve College property.

Interim action includes, but is not limited to, one or more of the following:

  A.  Interim Suspension. If the Vice Provost, or designee, determines that other interim measures are necessary to protect the health, safety, or welfare of the student or the College Community, they may:

1. Restrict or ban attendance of any or all classes.
2. Restrict or ban access or contact with individuals in the College Community.
3. Restrict or ban access to College property, places, facilities, or equipment.
4. Restrict or ban participation in College activities or organizations, or activities.
5. Restrict or ban from College housing.
6. Suspend an FSW student organization.
7. Otherwise restrict conduct or ban access to College resources.

  B.  The Vice Provost, or designee, may immediately place a registration hold on any student who has interim action taken against them, which prevents the student from accessing, changing or altering his or her course registration and/or admission status.

  C.  The Vice Provost, or designee, may also request that a student’s access to the portal, email, online course rooms, and other online information access be suspended.

  D.  Implementation of interim action, such as interim suspension, requires the student be notified in writing immediately upon the determination that an interim action(s) is warranted. The notice shall state the basis for the interim actions(s) and that the student will have the opportunity to inspect all information that initiated the interim action(s). The written notice will be sent to the student’s College email account. The College may also communicate the determination verbally to the student but must also concurrently deliver the written notice as described above. The student has three (3) business days from the date of the notice to make a written request to appeal the interim action(s). The appeal of the interim action(s) will be heard by the Vice Provost for Student Affairs, or designee, within three (3) business days of receipt of the appeal. The hearing may be delayed due to a semester break or closing of the College. The notification of decision shall be in correspondence via email to the student within three business days of hearing the appeal. The student’s appeal of the interim action(s) must be based on one of the following:

1. An egregious error pertaining to the student’s or organization’s involvement.
2. A contention that the violation, even if proven, does not pose a threat to the health, safety or general welfare of the College Community and thus does not warrant interim action.

  E.  As a result of an appeal, if it is determined by the Vice Provost for Student Affairs or designee, that the interim action be overturned, the student’s status will be reinstated and the conduct process will continue in accordance with the Student Code of Conduct.

  F.  If the student does not appeal the interim action the conduct process will continue in accordance with the Student Code of Conduct.

I.  Provisions for Students and Student Organizations  

Procedural fairness is basic to the proper enforcement of all College regulations. Accordingly, no disciplinary action shall be initiated or sanction imposed against a student until the student has been notified in writing of the complaints against him or her, the student has been informed of his or her rights under this Code, and the student has been given the opportunity to be heard. The College is not required to postpone student conduct proceedings pending the outcome of any outside criminal or civil case.

The following provisions shall be explained to each Student during the Initial Review meeting and prior to the start of any conduct hearing:

1. Students will receive a fair and impartial hearing in accordance with the requirements of the Student Code of Conduct.
2. Students and student organizations have the right to a presumption that no violation occurred. The institution has the burden to prove, by a preponderance of the evidence, that a violation has taken place.  Preponderance of the evidence means that the information presented supports the finding that it is more likely than not that the violation of the code of conduct was committed by the student or student organization.
3. Students will be provided with a written notice of disciplinary hearing, at least 7 business days prior to the proceeding. This notification will include the date, time and location of the hearing, the alleged violations against him or her and the alleged misconduct upon which the charge is based.
4. At least 5 business days prior to the hearing, the accused students or student organization will be provided a list of witnesses who have provided or will provide, information against the student or student organization and all known information related to the case including all inculpatory or exculpatory information.
5. Students may inspect any available information presented in support of the charges during the Initial Review meeting and during the hearing. The student may take notes from the information to be used in the hearing.
6. Students may decline to make statements in response to the allegations. Declining to make a statement shall not be construed as an admission of responsibility.
7. Students can expect a presumption of innocence, and it is the College’s responsibility to carry the burden of proof, via preponderance of the evidence, that a violation has occurred.
8. Students have the right to an advocate or advisor provided by the College to assist the student or student organization in understanding their rights.
9. Students may be assisted by an advisor, advocate or legal representative of their choice, at their own expense. This individual may directly participate in all aspects of the hearing including the presentation of relevant information and questioning of witnesses. It is the student’s responsibility to make appropriate arrangements for the advisor, advocate or legal representative to attend the scheduled hearing time.
10. At the determined time, the Charged student(s) may hear and question adverse witnesses who testify at the hearing. In the cases of sexual misconduct or abuse, see information in the FSW Title IX Reporting and Resolution Process.
11. The student or student organization has the right to appeal the final decision of the hearing officer, or any committee or panel, directly to the vice president of student affairs, or any other senior administrator designated by the code of conduct, who must hear the appeal and render a final decision. The vice president of student affairs or person designated by the code of conduct to hear the appeal may not have directly participated in any other proceeding related to the charged violation.
12. The right to an accurate and complete record of every disciplinary proceeding relating to the charged violation of the code, including record of any appeal, to be made, must be preserved and available for copying upon request by the charge student or student organization.

II. Conduct Procedures

This section of the code describes the Student Conduct proceedings at Florida SouthWestern State College.

1. Reporting. Any person or entity may file a report against a student for alleged violation of law or College regulations or policies. An investigation may take place of the circumstances of the report. The report regarding a student’s conduct must be submitted as follows:
   1. Reports can be submitted online, via email, in-person, via telephone, or by mail.
   2. Reports should be made within 6 months of the incident, or knowledge about the incident.
2. The Vice Provost, or designee, will determine if there are reasonable grounds to believe that the allegations could potentially constitute a violation of the Student Code of Conduct.
   1. Nothing in this regulation shall prevent the mediation of a complaint when deemed appropriate by the College.
   2. Nothing in this regulation shall prevent the resolution of a complaint administratively by written agreement with mutual consent of the parties involved.  Such disposition shall be final and there shall be no subsequent proceedings.
   3. If an alleged violation of the Student Code of Conduct is not handled through other appropriate channels, is not dismissed, or is not settled informally, then the Vice Provost, or designee, may present in correspondence formal charges to the student.
   4. Notice of Allegations. The allegations of charges shall be in correspondence via email and include: the specific Student Code of Conduct violations, a description of alleged offenses including the date, time and location of the alleged violation, the student’s rights, and a request to schedule the Initial Review.
   5. If a hold on registration is not already in effect, as an interim action, upon issuing the Notice of Charges the Vice Provost, or designee, may place a hold on registration until final disposition of the complaint.
   6. Initial Review. After the Notice of Charges has been issued, the Initial Review meeting will be scheduled but not before 7 business days’ notice.
   7. At least Five (5 days) before the Initial Review is scheduled, the information from witnesses regarding the inculpatory and exculpatory information will be sent to the student or student organization.
   8. The Initial Review is part of the overall investigation of the report.
   9. The Initial Review consists primarily of a discussion between the charged student and the Vice Provost, or designee, in an effort to resolve the matter.
   10. The Initial Review is not audio taped or recorded.
   11. If the Charged Student chooses to accept responsibility, or fails to attend the Initial Review, the Vice Provost, or designee, may assess such sanctions as deemed appropriate.
   12. The outcome and any sanctions imposed in cases where the Responding Student accepts responsibility or fails to attend the Initial Review will be communicated in correspondence via email to the Responding Student within ten (10) business days of the determination.

Formal Hearing

A Formal Hearing is defined as any Hearing before the Student Conduct Board or a College Hearing Officer.

1. The student may choose to have his or her Hearing before the Student Conduct Board or a College Hearing Officer. This choice shall be made in writing within three (3) business days in response to the Initial Review outcome letter.
2. If the student does not choose an option, the Hearing shall be heard by a Hearing Officer.

Notice of Hearing

The notification of Hearing shall be sent officially via email at least seven (7) business days from the date of which the student denies responsibility and will include:

1. A brief description of the incident and the alleged violations of the student code of conduct including the date, location and time of the alleged violation
2. The date, time and location of the Student Conduct Board or Hearing Officer Hearing.
3. Notification of his or her rights and the Hearing procedures.
4. If not done so already, all information to be used in the hearing whether inculpatory or exculpatory will be shared with the student or student organization at least five (5) business days before the hearing.  An Information Session, may be set up prior to the hearing in which any questions are reviewed with College staff prior to the Hearing.

A challenge to the impartiality of a hearing officer or Student Conduct Board member, should be brought forward to the Vice Provost for Student Affairs or designee, to determine if the hearing officer should be replaced due to a conflict.

Postponement of Hearing

The student may request postponement of a hearing at least one business day prior to the hearing date and this request must be in writing to the Student Conduct Office. The Vice Provost or designee may grant a postponement when the circumstances presented demonstrate that a postponement is necessary to ensure fairness to the process or on any other reasonable grounds. The Vice Provost, or designee, may also postpone the Hearing on the College’s behalf for administrative reasons. Should a postponement be approved, the College will notify the student and hearing board/officer at least one business day prior to the scheduled Student Conduct Board Hearing.

1. Structure of the Student Conduct BoardThe Student Conduct Board shall consist of the following persons who have completed training conducted by the College. At least 50% of students along with fulltime faculty or administrators at FSW will serve on the Student Conduct Board. The chairperson of a Student Conduct Board Hearing shall be one of the members who has been trained to serve in the role of chairperson. The Hearing is not a legal proceeding. Formal courtroom rules of process, procedure, and/or evidence do not apply.
2. Objectives of the Hearing Requisite levels of fairness and the satisfaction of certain minimum requirements will be provided to all participants during these proceedings. The Hearing shall have the following objectives:
   1. Review the incident which resulted in charges of violations of the Student Code of Conduct.
   2. Give the accused student an opportunity to respond to the charges.
   3. Review the facts of the case.
   4. Recommend finding of Responsible or Not Responsible of Student Code of Conduct violations to the Vice Provost or designee.
   5. If finding of Responsible, document what are believed to be the facts of the case and include these in the recommendations of sanctions to the Vice Provost or designee.
3. Witnesses ​All parties to the Hearing may arrange for witnesses to voluntarily present relevant information during the Hearing. The questioning of witnesses shall be facilitated by the Hearing Officer or Student Conduct Board Chair, as applicable. Each witness will be reminded that he or she is required to tell the truth. If it is determined later that a student provided untrue testimony at a Hearing, that student is subject to being charged with violation of the Student Code of Conduct.
4. Review of Information 
   1. The Responding Student and his or her advisor, if any, have the right to inspect all of the information that will be presented against the student at least five (5) business days prior to the Hearing.
   2. The Responding student or student organization may present information on his or her own behalf. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Hearing Officer or the Student Conduct Board at their discretion. Students may be assisted by an advisor, advocate or legal representative of their choice, at their own expense. This individual may directly participate in all aspects of the hearing including the presentation of relevant information and questioning of witnesses. It is the student’s responsibility to make appropriate arrangements for the advisor, advocate or legal representative to attend the scheduled hearing time.
5. Burdens of Proof
   1. The Student Conduct Board or Hearing Officer shall determine whether it is more likely than not that the accused student violated the Student Code of Conduct by a preponderance (more likely than not) of the information. This means that the information presented supports the finding that it is more likely than not that the violation occurred. The burden of proof is not on the Charged Student.
   2. Members of the Student Conduct Board, or witnesses, may not serve as a student’s advisor at the Hearing.
   3. If the Charged Student or Impacted Student chooses an attorney as their advisor   at the Hearing, they must inform the Vice Provost or designee, at least three (3) business days before the Hearing. In such cases the College may be advised by a College attorney as well.​
6. Hearings
   1. All Hearings before the Student Conduct Board or Hearing Officer will be audio recorded by the College. This recording will serve as the only official record of these proceedings and shall be the property of the College. No other recordings are permitted. Deliberations shall not be recorded.
   2. The following is a guide to the format of events for Hearings, but it may change slightly at the discretion of the Vice Provost or designee. The Student Conduct Board or Hearing Officer may question any party or witness directly at the appropriate time of the hearing:

   • Review of Hearing procedures.

   • Reading of Charges.
   • Opening statement and presentation of information by the Responding Student.
   • Questions for the Impacted Student by the Conduct Board or Hearing Officer; and/or reading of Impacted Student impact statement; and/or verbal statement by Impacted Student.
   • Questioning of voluntary College witnesses, followed by the questioning of Responding Student’s voluntary witnesses.
   • Questions directed to the Responding Student by the Student Conduct Board or Hearing Officer.
   • Closing statement by the Responding Student.
   • Deliberation by the Board or Hearing Officer (not recorded). Deliberations are closed and may only be attended by the members of the Student Conduct Board.
   • The Student Conduct Board or Hearing Officer may recommend a decision(s) and a sanction(s) to the Vice Provost or designee.
7. The Student Conduct Board or Hearing Officer will find the Responding Student “Responsible” or “Not Responsible” for each of the alleged violations listed on the Notice of Charges, based solely on the information presented at the Hearing. The Student Conduct Board or Hearing Officer will inform the Vice Provost or designee, of its findings and any recommendation for sanctions based on its findings. If the Student Conduct Board cannot reach a finding of “Responsible” or “Not Responsible” the finding will go in favor of the student and a “Not Responsible” finding will stand.
   1. If the Responding Student fails to appear at the scheduled Hearing (after proper notice), the hearing will be held without the student present. The student retains the right to appeal.
   2. The Vice Provost or designee, will review the findings and recommendations of the Student Conduct Board or Hearing Officer, as applicable. The Vice Provost or designee, will then make the decision as to the violation(s) in question and sanctions imposed. This decision may consist of adopting, modifying, or rejecting the recommended decision and sanctions of the Student Conduct Board or Hearing Officer, or remanding the matter for rehearing. The Vice Provost or designee, will send a correspondence (referred to as a “Notice of Decision and Sanction”) informing the student of the Vice Provost or designee’s, final decision and sanctions and explaining any differences between the recommendation of the Student Conduct Hearing Board or Hearing Officer and the Vice Provost or designee’s final decision. Such correspondence will be sent to the student within 10(10) business days after the conclusion of the Hearing.
8. Appeals

1. The Vice Provost, or designee, is the final appeal at Florida SouthWestern State College. The Vice Provost, or designee, is responsible for reviewing substantive or procedural appeals from the decisions of a Student Conduct Board or Hearing Officer. The appeal of the outcome of a conduct case must be based on one or more of the following causes:

1. Due process errors including the College’s failure to provide the student with notice or an opportunity to be heard.
2. The sanction is extraordinarily severe in relation to the offense committed.
3. New material or information that can be provided that was not available at the time of the original proceeding.

  B. All appeals must be postmarked or received in correspondence within five (5) business days of the date of the “Notice of Decision and Sanction” to the Vice Provost, or designee, for consideration. All appeals must specify the basis for the appeal. No person may hear or decide an appeal if he/she conducted or participated in the Hearing.

  C. The student’s status will remain unchanged pending the appeal determination by the Vice Provost, or designee, (that is, a student shall remain eligible to attend classes and College activities pending the College’s final decision in the student conduct proceeding), except where the Vice Provost, or designee, determines that the safety, health or general welfare of the student or the College Community is involved, in which case a student’s privileges at the College, including the ability to attend classes or engage in College activities, may be suspended on an interim basis as described under the Interim Actions Provision.

  D. After considering the appeal the Vice Provost, or designee, may reopen the Hearing, order a new Hearing with a new Conduct Board or Hearing Officer, uphold or reverse the prior decision of the hearing officer or board, or revise the sanction. The Vice Provost, or designee, shall provide the student written notice of his or her decision within ten (10) business days of receipt of the appeal request.

  E. The appeal determination of the Vice Provost, or designee, is final and binding on all parties. There are no further appeals within the College.

III. Parental Notification Policy

Florida SouthWestern State College is committed to the success of its students both inside and outside of the classroom. Therefore, it is our goal to maximize students’ learning and development, and promote their health, safety and welfare. In this regard, Florida SouthWestern State College has implemented a Parental Notification Policy. The Parental Notification Policy permits the College the right to inform parents or guardians when their dependent student (pursuant to the Internal Revenue Code), under the age of 21, has been found in violation of the College Alcoholic Beverages and Drug-Free Environment policy.

  A. In on-emergency situations, parents of dependent students, under the age of 21, may be notified in writing. However, in emergency situations, parents may be notified by an immediate phone call from the Vice Provost or designee.

  B. These guidelines do not preclude Parental Notification for other policy violations that may endanger the health, safety and well-being of a student or other individuals in the College Community. In addition, Parental Notification may occur in health and safety emergencies regardless of the student’s age or dependent status.

  C. Students, whose parents are to be notified under these guidelines, will be informed, when possible, before such notification occurs and given an opportunity to initiate contact with their parents. 

Provisions for Students Impacted by Acts of Violence

To ensure fairness to students impacted by actions of violence throughout the Student Code of Conduct, the College will provide the following provisions:

  A. An Impacted Student may have one person of his or her choice accompany them throughout the Student Conduct Review process. This person will act as a support person, advocate, advisor or legal representative who may fully            participate in accordance with HB 233.

  B. An Impacted Student will receive notice of the hearing no less than seven (7) business days prior to the date of the hearing and no less than 5 days prior to the hearing, the student will receive all information pertaining to the hearing including witness statements, inculpatory and exculpatory information.

  C. The hearing administrator or hearing body may pose questions directly to any individual providing information in the hearing.  The impacted student and/or the Responding student and/or advisors, advocates, or legal                            representative may pose questions to be answered by any individual providing information during a disciplinary proceeding but questions must be vetted through the hearing administrator or chair of the hearing body.  The hearing        administrator or chair will determine whether questions or potential information are appropriate for review as part of the formal hearing at their discretion.  In formal cases falling under the jurisdiction of the Title IX office, questioning of participants in the hearing and determination of relevancy will be made in accordance with the Title IX office standards.

  D. An Impacted Student may make a student impact statement and offer to the Hearing Officer or Hearing Body a suggestion of what the Impacted Student believes to be an appropriate sanction for the Responding Student. This              information may be used only in the sanctioning phase of deliberations if the Responding Student is found responsible for violating the Student Code of Conduct.

  E.Where the Student Conduct Review process addresses an allegation of violence, both the Impacted Student and the Responding Student or Organization must be informed of the final outcome of the Student Conduct Review process without a commitment to protect the confidentiality of the information. The final outcome means only the final determination with respect to the alleged misconduct or abuse and any sanction(s) that is imposed against the Responding Student. If the Impacted Student is deceased, the next of kin shall be considered as the alleged Impacted Student for purposes of this paragraph in accordance with the Family Educational Rights and Privacy Act (FERPA) and the Student Code of Conduct.

Drug-free Campus And Workplace

(College Operating Procedure 05-0803)

Guidelines:

It is the policy of Florida SouthWestern State College to promote and maintain a drug-free workplace. The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances is prohibited on and off College premises. The possession or use of alcohol under the circumstances described herein is also prohibited. All students and employees are required to abide by the terms of this policy as a condition of initial and continued enrollment and/or employment.

This policy is based on the Drug Free Workplace Act, 41 U.S.C. 701 et.seq., as amended and is supplemented by College administrative policies and procedures.

1. The illegal use, possession, manufacture, dispensation and distribution of any controlled substance, at any time, whether on or off duty or on or off College premises is strictly prohibited as a matter of College policy.
2. Except as hereinafter provided, use or possession by an employee or student of alcohol in the workplace, or use of alcohol on College property is prohibited. The possession or consumption of alcohol by employees or students of legal age at a College-sponsored or approved function where alcoholic beverages are served by the College or sponsor is not a violation of this Section.
3. Any employee or student who reports to work or class or performs his/her duties while under the influence of drugs or alcohol will be in violation of this policy.
4. Violation of this policy can result in referral to appropriate law enforcement authorities, disciplinary action up to and including immediate suspension, expulsion or termination, and/or a requirement of satisfactory participation in a College-approved drug or alcohol rehabilitation program. A criminal conviction is not required for sanctions to be imposed upon a student or employee for violation of this policy.

Procedures:

Disciplinary Sanctions

The College will impose sanctions (consistent with local, state, and Federal law) upon all employees and students who violate these standards of conduct. Such sanctions may include, but are not limited to: 1) referral for prosecution; 2) probation, suspension, or expulsion of students; or 3) suspension or termination of employees.

The College requires that any employee who is convicted of any offense relating to the sale, purchase, delivery, use, manufacturing or distribution of illegal drugs or controlled substances on campus, or while attending a College-sponsored event or conducting College business to report such conviction to the Human Resources Office, 239-489-9294, no later than 24 hours after the arrest or conviction.

Employee Assistance Program

Florida SouthWestern State College recognizes illegal drug use and/or dependency to be a health, safety and security problem. Employees who need assistance with problems related to drug abuse are encouraged to contact the Employee Assistance Program:

New Directions Employee Assistance Program

800-624-5544

Ndbh.com, company code fsw

Description of Health Risks

Alcohol. Alcohol consumption causes a number of changes in behavior and physiology. Even low doses significantly impair judgment, coordination, and abstract mental functioning. Statistics show that alcohol use is involved in a majority of violent behaviors on college campuses, including acquaintance rape, vandalism, fights, and incidents of drinking and driving. Continued abuse may lead to dependency, which often causes permanent damage to vital organs and deterioration of a healthy lifestyle.

Cannabis (Marijuana, Hashish) - The use of marijuana may impair or reduce short-term memory and comprehension, alter sense of time, and reduce coordination and energy level. Users often have a lowered immune system and an increased risk of lung cancer. The active ingredient in marijuana, THC, is stored in the fatty tissues of the brain and reproductive system for a minimum of 28 to 30 days.

Hallucinogens - Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP) affects the section of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, violent PCP episodes may result in self-inflicted injuries.

Cocaine/Crack - Cocaine users often have a stuffy, runny nose and may have a perforated nasal septum. The immediate effects of cocaine use include dilated pupils and elevated blood pressure heart rate, respiratory rate, and body temperature, followed by depression. Crack, or freebase rock cocaine, is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, convulsions, and even death.

Amphetamines - Amphetamines can cause a rapid or irregular heartbeat, tremors, loss of coordination, collapse, and death. Heavy users are prone to irrational acts.

Heroin - Heroin is an opiate drug that causes the body to have diminished pain reactions. The use of heroin can result in coma or death due to a reduction in the heart rate.

Legal Sanctions

You should be aware that the State of Florida Statutes provide that it is “unlawful for any person to sell, purchase, manufacture, or deliver, or to possess with the intent to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 200 feet of the real property comprising a public college or other post-secondary educational institution.” Legal action will be taken for violation of these statutes and policies, as appropriate. Any person who violates this paragraph with respect to a controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a felony of the first degree punishable as provided in s.775.082, s.775.083., or s.775.084 and shall not be eligible for parole or release under the Control Release Authority or statutory gain time.

State law prohibits the possession of alcoholic beverages by persons under age 21, punishable for the first offense by a definite term of imprisonment not exceeding 60 days and/or a $500 fine, and for a subsequent offense by a definite term of imprisonment not exceeding one year and a fine of $1,000. It is similarly prohibited and punishable to distribute alcohol to minors.

State law makes it a crime for any person to possess or distribute illicit drugs (controlled substances as described in Section 893.03, Florida Statutes) under Section 893.13, Florida Statutes. Law provides certain limited exceptions. The crimes range from second degree misdemeanors (up to 60 days imprisonment and up to a $500 fine) to first degree felonies (up to 30 years imprisonment and up to $10,000 fine).

Trafficking (distributing specified large quantities of various controlled substances under Section 893.03, Florida Statutes) under Section 893.135, Florida Statutes is punishable, depending on the particular illicit drug and quantity involved, by a minimum term of imprisonment of 3 to 25 calendar years and a fine of $25,000 to $500,000.

Federal trafficking penalties for first offenses, depending upon the illicit drug involved, range from not more than one year imprisonment and a fine of not more than $100,000 for an individual to 40 years to life imprisonment and a fine of not more than $200,000 for an individual to not less than life imprisonment and a fine of not more than 8 million dollars for an individual.

The College requires that any employee who is convicted of any offense relating to the sale, purchase, delivery, use, manufacturing or distribution of illegal drugs or controlled substances on campus, or while attending a College-sponsored event or conducting College business to report such conviction to the Human Resources Office, (239) 489-9294, no later than five days after the conviction.

Drug Education and Treatment Programs

Florida SouthWestern State College recognizes illegal drug use and/or dependency to be a health, safety and security problem. Those who need assistance with problems related to drug abuse are encouraged to use any available resources including:

ADDICTION RESOURCE
Free & Confidential Drug Hotline
(888) 459-5511

RIVERSIDE BEHAVIORAL HEALTH CENTER
CHARLOTTE REGIONAL MEDICAL CENTER
733 East Olympia Avenue
Punta Gorda FL 33950
(941) 637-2474 or (800) 722 5563

RUTH COOPER CENTER FOR
BEHAVIORAL HEALTH CARE
2789 Ortiz Avenue, SE
Fort Myers FL 33905
(239) 275-3222

Salus Care, Inc.
3763 Evans Avenue
Fort Myers FL 33901
(239) 275-3222

THE WILLOUGH AT NAPLES
9001 Tamiami Trail East
Naples FL 34113
1-800-722-0100

For further information regarding education, rehabilitation and other aspects of the College policy, contact:

CHARLOTTE CAMPUS, Punta Gorda
Campus Director
(941) 637-5678

COLLIER CAMPUS, Naples
Campus Director
(239) 732-3953

HENDRY/GLADES CENTER, LaBelle
Campus Director
(863) 674-6010

THOMAS EDISON CAMPUS, Fort Myers
Office of Human Resources
(239) 489-9293
Dean of Students
(239) 489-9067

Americans With Disabilities (ADA) Act

(College Operating Procedure 05-0104)

Guidelines:

The ADA, Section 504 and their implementing federal regulations prohibit discrimination on the basis of disability under any program or activity receiving Federal financial assistance. As provided by law, Florida SouthWestern State College prohibits discrimination against individuals with disabilities. In addition, the College provides individuals with disabilities with equal employment and educational opportunities and with reasonable accommodations.

The College through this procedure assures the College’s students, staff or faculty members, or other members of the College community that it will take steps to eliminate disability harassment and discrimination, and take steps to prevent reoccurrence and to correct its discriminatory effects.

For Students Seeking An Accommodation - the Director of the Office of Adaptive Services is responsible for coordinating the College’s compliance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, and serves as the College ADA and Section 504 Coordinator.  (“Student Coordinator”). The Student Coordinator’s contact information appears at the end of this procedure.

For Employees and Persons Other Than Students Seeking An Accommodation - the College’s Title IX Coordinator and Equity Officer is responsible for coordinating the College’s compliance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, and serves as the College ADA and Section 504 Coordinator with respect to all non-student matters.  (“Equity Officer”). The Equity Officer’s contact information appears at the end of this procedure.

The Student Coordinator and the Equity Officer, or their designees as appropriate, conduct activities such as (but not limited to):

 1.   Assisting College offices in making their programs and services accessible;

 2.   Overseeing communication to all College constituents and campus visitors regarding how they can access programs and services consistent with the ADA/Section 504;

 3.   Reviewing College policies, facilities, and activities to assure institutional compliance with the ADA/Section 504;

 4.   Responding to any questions or concerns regarding the ADA/Section 504 accommodations to assure prompt resolution.

A.         Requesting an Accommodation:

1. For Students Seeking An Accommodation - It is the obligation of the individual with a disability to request a reasonable accommodation. Students and applicants must submit any request for accommodations to the Office of Adaptive Services (OAS) for consideration. Individuals with a disability must provide recent documentation from a qualified, licensed professional that addresses the disability and the requested accommodation. The Office of Adaptive Services shall determine that the request for accommodation is supported by appropriate documentation. The College and the student have a mutual obligation to engage in a good faith interactive process to explore and discuss options for reasonable accommodations. The process should include the following: (1) the decision is made by relevant officials including faculty members; (2) the decision makers consider a series of alternatives, their feasibility, cost and effect on the academic program; and after reasoned deliberation; and, (3) the decision makers reach a rationally justifiable conclusion that the available alternatives would result either in lowering of academic standards or requiring substantial program alternative. Once a student has been registered with the OAS, it is the student’s responsibility to request accommodations for each semester in which accommodation is desired.
2. For Employees Seeking an Accommodation - The College provides reasonable accommodations for employees with a disability who can perform their essential job duties with or without accommodation. Reasonable accommodations are provided only when an employee self-identifies as a qualified individual with a disability and provides the appropriate documentation from a healthcare provider. In determining which accommodations are ‘reasonable,’ the College and the employee have a mutual obligation to engage in a good faith interactive process to explore and discuss options for reasonable accommodations.  Additional information regarding the process by which employees can seek accommodations for a disability is available through the Equity Officer.
3. For Persons Other Than Employees and Students Seeking an Accommodation - Participants at College public meetings, entertainment events, athletic events and other public gatherings may seek accommodation by contacting the Equity Officer.  The College will use its best effort to make campus programs and events reasonably accessible to individuals with disabilities.  Any individual, including visitors to campus, who requires an accommodation is urged to contact the event planner at least one week in advance of the event.  Please be aware that it may be difficult to provide an accommodation on less than one week’s prior notice.

Time Frame:  The time required to review an ADA/Section 504 accommodation request will depend on a variety of factors, including the nature and scope of the matter. 

B.   Responding to Complaints Regarding Failures to Accommodate

1. Students: Resolving Issues through the Dean of Student’s Office.

    A student who believes that the College did not follow its procedures in the determination regarding an accommodation or consider relevant information during the process may request a reconsideration of the decision. In order to request reconsideration of a decision regarding an accommodation, the student should request a meeting with the Dean of Students/designee to present additional information and/or documentation and to discuss the nature of the issue or complaint. This meeting must be requested within thirty days of the determination at issue. The Dean of Students/designee may contact the Student Coordinator, faculty, administrators or other professionals who can provide information pertinent to the case. If confidential information is to be released to or received by a third party not affiliated with the College, the student will be asked to sign a FERPA Release of Information form. Following the review of the request for reconsideration, the Dean of Students/designee will notify the student of the decision. In the absence of unusual circumstances the review process will be completed within thirty calendar days.  Unusual Circumstances would include such matters as scheduled and unscheduled College closures, the need to obtain new or additional evidence from third parties or, the unavailability of the complainant or necessary witnesses. In the event that unusual circumstances will delay disposition, all parties will be notified of the delay and the anticipated date of completion. If at any point in this process the student or the student’s advocates report disability discrimination or harassment then such complaints shall be treated as a separate matter under Paragraph 2(C), below.

2. Employees and Persons Other Than Students: Resolving Issues through the Human Resource Office.

   A College employee who believes that the Equity Officer did not follow College procedures in the determination regarding an accommodation or consider relevant information during the process may request a reconsideration of the decision. In order to request reconsideration of a decision regarding an accommodation, the employee should request a meeting with the Director of Human Resources to present additional information and/or documentation and to discuss the nature of the issue or complaint. This meeting must be requested within thirty days of the determination at issue. The Director of Human Resources may contact the Equity Officer and other professionals who can provide information pertinent to the case. Following the review of the request for reconsideration, the Director of Human Resources will notify the employee of the decision. In the absence of unusual circumstances the review process will be completed within thirty calendar days.  Unusual Circumstances would include such matters as scheduled and unscheduled College closures, the need to obtain new or additional evidence from third parties or, the unavailability of the complainant or necessary witness. In the event that unusual circumstances will delay disposition, all parties will be notified of the delay and the anticipated date of completion.

   C. Discrimination or Harassment Based Upon Disability

1. Definitions.

Disability Harassment: Disability harassment under Section 504 and the ADA is intimidation or abusive unwelcome behavior directed toward an individual based on disability that creates a hostile environment by interfering with an individual’s participation in or receipt of benefits, services, or opportunities in the institution’s programs and activities. Harassing conduct may take many forms, including verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful, or humiliating.

 Hostile Environment: When harassing conduct directed at an individual is sufficiently and objectively and subjectively severe, persistent, or pervasive that it interferes with or limits a student’s ability to participate in or benefit from the services or opportunities offered by a school or, in the employment context, it alters the employees conditions of employment and creates an abusive work environment then it creates a hostile environment can violate an individual’s rights under the Section 504 and Title II regulations. A hostile environment may exist even if there are no tangible effects on the individual, where the harassment is serious enough to adversely affect the individual’s ability to participate in or benefit from the College’s programs and activities including its educational programs. Examples of harassment that could create a hostile environment follow.

• Several students continually remark out loud to other students during class that a student with dyslexia is “retarded” or “deaf and dumb” and does not belong in the class. The student tries to act as though she doesn’t hear and makes no comments. Then one day as a result of the comments, the harassed student stops attending the class.
• A student repeatedly places classroom furniture or other objects in the path of classmates who use wheelchairs, impeding the classmates’ ability to enter the classroom.
• A faculty member repeatedly points out to other students in the class that a blind student is using an audio recorder related to the student’s disability, with the result that the student stops attending the class to avoid further embarrassment.
• A professor repeatedly belittles and criticizes a student with a disability for requesting testing accommodations to the point that the student stops utilizing the accommodation and, as a result, her grades decline.
• Several college employees repeatedly tease a visually impaired employee while making use of an enhanced computer monitor calling her “blind as a bat” and, as a consequence, the employee transfers out of the department.

1. Complaint Procedures Disability Harassment/Disability Discrimination

FSW will act on any formal or informal allegation or notice of violation of the policy on

Disability Harassment and Nondiscrimination that is received by the Equity Officer the Student Coordinator or a member of administration, faculty, or other employee.  The procedures described below apply to all allegations of disability harassment or discrimination involving students, staff or faculty members, or third parties. All complaints involving disability harassment or discrimination should be promptly submitted to the Equity Officer for disposition under this College Operating Procedure. 

The College reserves the right to initiate an investigation without a complaint of disability harassment or discrimination or participation by a complaining party.  The Equity Officer will notify the complainant if an investigation will commence, or if there is no reasonable cause to pursue an investigation.

Following receipt of notice, the Equity Officer engages in a preliminary inquiry to determine if there is reasonable cause to believe the Discrimination and Harassment Policy has been violated and if interim remedies should be provided during the investigation.

The interim remedies may include, but are not limited to:

• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Education to the community
• Altering the housing situation of an the responding party (resident student or resident employee (or the reporting party, if desired))
• Altering work arrangements for employees
• Providing campus escorts
• Providing transportation accommodations
• Implementing contact limitations between the parties
• Offering adjustments to academic deadlines, course schedules, etc. 

In cases where the reporting party wishes to proceed or the College determines it will proceed, and the preliminary inquiry shows that reasonable cause exists, the Equity Officer will direct an investigation to commence. The process followed considers the preference of the complainant, but is ultimately determined at the discretion of the Equity Officer.

All parties involved in the investigation shall be afforded the opportunity to present witnesses and other evidence and all parties shall be provided with the written outcome of the investigation and, if applicable, the appeal finding. 

If, during the preliminary inquiry or at any point during the investigation, the Equity Officer determines that there is no reasonable cause to believe that the policy has been violated, the process will end unless the reporting party requests that the Equity Officer makes an extraordinary determination to re-open the investigation. This decision lies in the sole discretion of the Equity Officer.

Any evidence that the investigator believes is relevant and credible may be considered, including history and pattern evidence. The investigator may exclude irrelevant or immaterial evidence and may choose to disregard evidence lacking in credibility or that is improperly prejudicial.

Unless the investigator determines it is appropriate, the investigation and the finding will not consider: (1) incidents not directly related to the possible violation, unless they show a pattern, (2) or the character of the responding party. 

In the absence of unusual circumstances the College will complete all investigations within a sixty (60) calendar day time period. The time period for the completion of the investigation may be extended as necessary for appropriate cause by the Equity Officer with notice to the parties as appropriate. Unusual Circumstances would include such matters as scheduled and unscheduled College closures, the need to obtain new or additional evidence from third parties or, the unavailability of the complainant or necessary witnesses. In the event that unusual circumstances will delay disposition all parties will be notified of the delay and the anticipated date of completion.

The investigator(s) will base the determination(s) on the preponderance of the evidence – whether it is more likely than not that the responding party violated policy as alleged.                         

Typically, within ten (10) calendar days of the close of an investigation, the Equity Officer or designee will provide the complaining parties and the responding parties with written finding(s) of the investigation and may make recommendations for further action.  If the responding party is an employee, the findings and recommendations will be forwarded to the Director of Human Resources for disposition.  If the responding party is a student, the case will proceed under the Student Code of Conduct for disposition.

1.  Contacts

All applicant/employee ADA complaints, excluding those filed against the ADA Coordinator, should be addressed to ADA Coordinator/Title IX Coordinator/Equity Officer, 8099 College Parkway, Ft. Myers, Florida 33919 or by calling 239.489.9051 or call through the Florida Relay Service at 1-800-955-8771 (TTY).

All student ADA complaints should be addressed to the Dean of Students Office, 8099 College Parkway, Ft. Myers, Florida, 33919 or by calling 239.433.6950 or call through the Florida Relay Service at 1-800-955-8771 (TTY).

All ADA complaints filed against the ADA Coordinator should be addressed to the Director of the Human Resources Department, 8099 College Parkway, Ft. Myers, Florida, 33919 or by calling 239-489-9357 or call through the Florida Relay Service at 1.800.955.8771 (TTY).

Questions pertaining to educational equity, equal access, or equal opportunity may also be addressed to the Assistant Secretary for Civil Rights, United States Department of Education, 16 Forsyth Street S.W., Suite 19T10, Atlanta, GA 30303-8927. Telephone: 404-974-9406
Facsimile: 404-974-9471 Email: OCR.Atlanta@ed.gov.

Board of Trustees Policies

Policy Regarding Students With Human Immunodeficiency Virus (HIV)

(Florida SouthWestern State College Board of Trustees Policy 6Hx6:6.02)

The following guidelines are established regarding students with Human Immunodeficiency Virus (HIV):

1. DEFINITION: For purposes of this policy, a student with HIV falls into one of the following categories:
   1. An individual who tests positive for HIV antibody but who has no symptom manifestations, or
   2. An individual who is diagnosed as having Acquired Immune Deficiency Syndrome (AIDS)-displaying one or more opportunistic infections.
2. STUDENT RIGHTS: The College recognizes that the rights of students with HIV to obtain education and employment must be balanced against the rights of persons without HIV who wish to be reasonably protected from contracting the virus.
   1. Both the Federal Vocational Rehabilitation Act of 1973 and the Florida Educational Equity Act prohibit discrimination against disabled persons, and students with HIV are classified as disabled.
   2. Precautions will be provided to students in Health Professions Programs and science laboratory classes.
   3. Any student who reveals that he/she has HIV will be afforded confidentiality in accordance with appropriate statute and state law.
3. ADMISSIONS: No student will be denied admission to the College solely on the basis that he/she has HIV.
   1. The College will not require a student to reveal whether or not he/she has HIV when applying for admission to the College.
   2. Furthermore, the College will not require serological testing to determine if a student seeking admission has HIV.
4. ATTENDANCE, WITHDRAWAL, AND/OR SUSPENSIONS: Under most circumstances, no student will be required to cease class attendance solely on the basis of having HIV.
   1. If a student with HIV requests special accommodations due to illness (i.e., disability), the College will acquire sufficient information about such disability to make a determination regarding the requested accommodation(s). Any student wishing to request special accommodations should contact the Vice Provost for Student Affairs Office at any campus.
   2. The College will not impose any rule(s) or restrictions upon a student with HIV that will have the effect of limiting that individual’s participation in the College’s educational programs and/or services solely on the basis of that person’s disability.
   3. Current research has indicated the possibility that the central nervous system may become affected by HIV, which may lead to progressive neurological and cognitive dysfunction and subsequent inability of the student to maintain scholastic performance. Decisions as to such a student continuing to attend class or being suspended or withdrawn from class(es) will be made on a case-by-case basis after reasonable accommodations have been examined or tried, and after an examination of the facts demonstrates to the College that the student can no longer function as necessary to meet the requirements of the student’s course or program, or that the student presents a health or safety risk to self or to the College community.

Discrimination And Harassment Policy

(Florida SouthWestern State College Board of Trustees Policy 6Hx6:2.03)

Florida SouthWestern State College is committed to maintaining an educational and work environment in which no member of the College community is excluded from participation in, denied the benefits of, or subjected to discrimination or harassment in any College program or activity on the basis on race, sex, gender, age, color, religion, national origin, ethnicity, disability, pregnancy, sexual orientation, marital status, genetic information or veteran’s status. Gender-based and sexual harassment, including sexual violence, are forms of sex discrimination which in the educational environment may deny or limit an individual’s ability to participate in or benefit from College programs or activities.

Florida SouthWestern State college in compliance with  Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Florida Civil Rights Act of 1992, Title IX of the Education Act of 1972 , and relevant sections of the Violence Against Women Reauthorization Act opposes any act of discrimination or harassment and prohibits such action.

In the implementation of this policy, the President is authorized to adopt, review, and enforce procedures, including, but not limited to:

(a)The provision of information identifying laws prohibiting such misconduct;

(b)Information regarding the rights of complainants, victims and respondents and theservices available to them;

(c)Administrative procedures for the investigation by the college of cases involving discrimination or harassment–including sexual harassment, sexual harassment, sexual discrimination and sexual violence and misconduct; including procedures prohibiting retaliation

(d)Administrative proceedings, disciplinary actions, and penalties which may be imposed upon violators; and,

(e)A comprehensive educational program to assure awareness within the College community of the problems of sexual misconduct, in order to discourage and attempt to prevent such misconduct, and to encourage reporting and the receipt of assistance.

Jana Sabo is the Title IX Coordinator/Equity Officer. Questions pertaining to discrimination or harassment should be addressed to Jana Sabo at 239.489.9051 or 8099 College Parkway, Fort Myers, FL 33919.

Drug And Alcohol Policy

(Florida SouthWestern State College Board of Trustees Policy 6Hx6:2.04)

It is the policy of Florida SouthWestern State College to promote and maintain a drug-free workplace. The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances is prohibited on and off College premises. The possession or use of alcohol under the circumstances described herein is also prohibited. All students and employees are required to abide by the terms of this policy as a condition of initial and continued enrollment and/or employment. This policy is based on the Florida Comprehensive Drug Abuse Prevention and Control Act, 41 U.S.C. 70-1 et.seq, as amended and is supplemented by College administrative policies and procedures.

1.  The illegal use, possession, manufacture, dispensation and distribution of any controlled substance, at any time, whether on or off duty or on or off College premises is strictly prohibited as a matter of College policy.

2.  Except as hereinafter provided, use or possession by an employee or student of alcohol in the workplace, or use of alcohol on College property is prohibited. The possession or consumption of alcohol by employees or students of legal age at a College sponsored or approved function where alcoholic beverages are served by the College or sponsor is not a violation of this Section.

3.  Any employee or student who reports to work or class or performs his/her duties while under the influence of drugs or alcohol will be in violation of this policy.

4.  Violation of this policy can result in referral to appropriate law enforcement authorities, disciplinary action up to and including immediate suspension, expulsion or termination, and/or a requirement of satisfactory participation in a College approved drug or alcohol rehabilitation program. A criminal conviction is not required for sanctions to be imposed upon a student or employee for violation of this policy.   

Campus Violence Prevention Policy

(Florida SouthWestern State College Board of Trustees Policy 6Hex6:2.07)

It is the policy of the District Board of Trustees of Florida SouthWestern State College to prohibit, as being incompatible with the mission of the College, the commission of all forms of sexual violence and other crimes of violence by, or upon, any member of the college community, including students, employees, and guests.

In the implementation of this policy the President is authorized to adopt, periodically review, and enforce procedures, including, but not limited to:

(a)  The provision of information identifying laws prohibiting such misconduct;

(b)  Information regarding the rights of complainants, victims and the respondents and the services available to them;

(c)  Administrative procedures for the investigation by the college of cases involving sexual misconduct and other crimes of violence;

(d)  Administrative proceedings, disciplinary actions, and penalties which may be imposed upon violators; and,

(e)  A comprehensive educational program to assure awareness within the College community of the problems of sexual misconduct, in order to discourage and attempt to prevent such misconduct, and to encourage reporting and the receipt of assistance.

Substitution Policy For Students With Disabilities

(Florida SouthWestern State College Board of Trustees Policy 6Hex6:6.03)

1. Eligibility: Students who are hearing impaired, visually impaired, or who have a specific learning disability are eligible for reasonable substitution for any requirement(s) where it can be documented that the student’s failure to meet the requirement(s) is related to the disability. Substitutions shall be provided in the areas of admission to the college, admission to a program of study, or graduation where the substitution does not constitute a fundamental alteration in the nature of the program.
2. Documentation: Documentation that is no more than three years old, substantiating the nature of the disability, shall be provided by the student concurrent with his or her request for a reasonable substitution for admission to a program of study, or graduation. Such documentation shall be provided by a medical doctor, psychologist, or other specialist recognized to treat the specific disability.
3. Review Policy: Students with disabilities requesting course substitutions must submit an academic petition to the Office of the Registrar. The petition at minimum shall identify the substitution desired and the justification for the substitution, and shall contain the documentation described in paragraph 2 above. The Registrar, in consultation with the appropriate Academic Dean and the Director of the Office of Adaptive Services will consider reasonable substitutions appropriate for each individual student.
4. Substitution Decision: The decision will be communicated in writing by the Registrar to the student and the Director of the Office of Adaptive Services.
5. Articulation: Florida SouthWestern State College will recognize any substitution previously granted to a transfer student by a Florida State post-secondary institution. In accordance with FAC 6A-10.041(3), substitutions granted by Florida SouthWestern State will be honored at any Florida State post-secondary institution. The College will assist the student in contacting the out-of-state or private institution receiving the course substitution(s) to determine how the substitution(s) will be treated in the program of study he/she is pursuing. The student will be advised accordingly.
6. Student Appeal: A student may appeal a denial of the substitution request(s) or determination of ineligibility in writing to the Provost and Vice Provost for Student Affairs, who shall make the final decision. The appeal must be filed within 21 days of receipt of the written denial by the Registrar. Any decision of the Provost and Vice Provost for Student Affairs is subject to the right of any person whose substantial interests are determined to request a hearing pursuant to Title X, Chapter 120, Florida Statutes.
7. Records: The Registrar and the Director, Adaptive Services shall maintain records on the number of students granted substitutions by type of disability, the substitution provided, the substitutions identified as available for each documented disability and the number of requests that were denied.

State Statutes And College Policies Affecting Students

(See also Student Information and Policies.) The following Florida Statutes, District Board of Trustee Policies, and College Operating Procedures affect students at Florida SouthWestern State College. For the benefit of all students, adherence to these laws is expected. Any questions concerning these statutes and policies may be directed to the Vice Provost for Student Affairs on any Florida SouthWestern State College campus.

Florida Statutes

Florida Statute Section 1004.097

THE CAMPUS FREE EXPRESSION ACT

Legislation passed during the 2018 regular session that may impact Florida College System institutional policies and operations related to free-speech activities on campus. The Campus Free Expression Act (Act) passed as part of an omnibus Higher Education package that became effective on March 11, 2018, when the Governor signed it into law as Chapter 2018-4, Laws of Florida. The newly created section of law, section (s.) 1004.097, Florida Statutes (F.S.), specifically authorizes the right to free-speech activities at public institutions of higher education, prohibits certain policies related to free-speech zones, authorizes restrictions under specified conditions and authorizes a cause of action against a public institution of higher education.

The Act states that outdoor areas on campus are considered traditional public forums for individuals, organizations and guest speakers. Public institutions of higher education may not designate any area of campus as a free-speech zone, or otherwise create a policy restricting expressive activities to a particular outdoor area on campus. However, institutions may create and enforce restrictions that are reasonable and content-neutral on the time, place and manner of expression, and narrowly tailored to a significant institutional interest. All restrictions must be clear, published and provide for ample alternative means of expression.

Some of the constitutionally protected expressive activities contemplated by the Act include any lawful, oral or written communication of ideas, all forms of peaceful assembly, protests, speeches, distribution of literature, carrying of signs, circulating of petitions, and the recording, publishing and Internet-publishing of video or audio from outdoor areas of campus. A person who wishes to engage in expressive activity in outdoor areas of campus may do so freely, spontaneously and contemporaneously, as long as the person’s conduct is lawful and does not materially and substantially disrupt the functioning of the public institution of higher education. It shall also not inhibit or infringe upon the rights of other individuals or organizations to engage in expressive activities.

Additionally, the Act states that students, faculty and staff “may not materially disrupt previously scheduled or reserved activities on campus occurring at the same time.” Furthermore, a “material and substantial disruption,” is defined as “any conduct that intentionally and significantly hinders another person’s or group’s expressive rights.” However, a material and substantial disruption “does not include conduct that is protected under the First Amendment to the United States Constitution and Article I of the State Constitution, including, but not limited to, lawful protests and counter-protests in the outdoor areas of campus or minor, brief, or fleeting nonviolent disruptions that are isolated or brief in duration.”

Any individual whose expressive rights are violated by a prohibited action is provided with a cause of action against the institution in a court of competent jurisdiction to obtain declaratory and injunctive relief, along with reasonable court costs and attorney fees, but not compensatory, punitive or other damages.

Because the unique, factual scenarios for each free expression activity will vary, FCS institutions are encouraged to share best practices with each other as we all recommit to the valued right of free expression guaranteed by the First Amendment.

Florida Statute Section 1006.61

PARTICIPATION BY STUDENTS IN DISRUPTIVE ACTIVITIES AT PUBLIC POST SECONDARY EDUCATIONAL INSTITUTIONS; PENALTIES

1. (1) Any person who accepts the privilege extended by the laws of this state of attendance at any public postsecondary educational institution shall, by attending such institution, be deemed to have given his or her consent to the policies of that institution, the State Board of Education, and the Board of Governors regarding the State University System, and the laws of this state. Such policies shall include prohibition against disruptive activities at public postsecondary educational institutions.

   (2) After it has been determined that a student of a state institution of higher learning has participated in disruptive activities, such student may be immediately expelled from the institution for a minimum of 2 years.

Florida Statute Section 1006.62

EXPULSION AND DISCIPLINE OF STUDENT OF FLORIDA COLLEGE SYSTEM INSTITUTIONS AND STATE UNIVERSITIES

1. Each student in a Florida College System institution or state university is subject to federal and state law, respective county and municipal ordinances, and all rules and regulations of the State Board of Education, the Board of Governors regarding the State University System, or the board of trustees of the institution.
2. Violation of these published laws, ordinances, or rules and regulations may subject the violator to appropriate action by the institution’s authorities.
3. Each president of a Florida College System institution or state university may, after notice to the student of the charges and after a hearing thereon, expel, suspend, or otherwise discipline any student who is found to have violated any law, ordinance, or rule or regulation of the State Board of Education, the Board of Governors regarding the State University System, or the board of trustees of the institution. A student may be entitled to waiver of expulsion:
   1. If the student provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, co-conspirators, or principals or of any other person engaged in violations of chapter 893 within a state university or Florida College System institution;
   2. If the student voluntarily discloses his or her violations of chapter 893 prior to his or her arrest; or
   3. If the student commits himself or herself, or is referred by the court in lieu of sentence, to a state-licensed drug abuse program and successfully completes the program.

Florida Statute Section 1006.63

HAZING PROHIBITED

1. As used in this section, “hazing” means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. “Hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.
2. A person commits hazing, a third degree felony, punishable as provided in s. 775.082 or s.775.083, when he or she intentionally or recklessly commits any act of hazing as defined in subsection (1) upon another person who is a member of or an applicant to any type of student organization and the hazing results in serious bodily injury or death of such other person.
3. A person commits hazing, a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, when he or she intentionally or recklessly commits any act of hazing as defined in subsection (1) upon another person who is a member of or an applicant to any type of student organization and the hazing creates a substantial risk of physical injury or death to such other person.
4. As a condition of any sentence imposed pursuant to subsection (2) or subsection (3), the court shall order the defendant to attend and complete a 4-hour hazing education course and may also impose a condition of drug or alcohol probation.
5. It is not a defense to a charge of hazing that:
   1. The consent of the victim had been obtained;
   2. The conduct or activity that resulted in the death or injury of a person was not part of an official organizational event or was not otherwise sanctioned or approved by the organization; or
   3. The conduct or activity that resulted in death or injury of the person was not done as a condition of membership to an organization.
6. This section shall not be construed to preclude prosecution for a more general offense resulting from the same criminal transaction or episode.
7. Public and nonpublic postsecondary educational institutions whose students receive state student financial assistance must adopt a written anti-hazing policy and under such policy must adopt rules prohibiting students or other persons associated with any student organization from engaging in hazing.
8. Public and nonpublic postsecondary educational institutions must provide a program for the enforcement of such rules and must adopt appropriate penalties for violations of such rules, to be administered by the person at the institution responsible for the sanctioning of such organizations.
   1. Such penalties at Florida College System institutions and state universities may include the imposition of fines; the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines; and the imposition of probation, suspension, or dismissal.
   2. In the case of an organization at a Florida College System institution or state university that authorizes hazing in blatant disregard of such rules, penalties may also include rescission of permission for that organization to operate on campus property or to otherwise operate under the sanction of the institution.
   3. All penalties imposed under the authority of this subsection shall be in addition to any penalty imposed for violation of any of the criminal laws of this state or for violation of any other rule of the institution to which the violator may be subject.
9. Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.
10. Upon approval of the anti-hazing policy of a Florida College System institution or state university and of the rules and penalties adopted pursuant thereto, the institution shall provide a copy of such policy, rules, and penalties to each student enrolled in that institution and shall require the inclusion of such policy, rules, and penalties in the bylaws of every organization operating under the sanction of the institution.

Florida Statute Section 1006.69

VACCINATION AGAINST MENINGOCOCCAL MENINGITIS AND HEPATITIS B

1. A postsecondary educational institution shall provide detailed information concerning the risks associated with meningococcal meningitis and hepatitis B and the availability, effectiveness, and known contraindications of any required or recommended vaccine to every student, or to the student’s parent if the student is a minor, who has been accepted for admission.
2. An individual enrolled in a postsecondary educational institution who will be residing in on campus housing shall provide documentation of vaccinations against meningococcal meningitis and hepatitis B unless the individual, if the individual is 18 years of age or older, or the individual’s parent, if the individual is a minor, declines the vaccinations by signing a separate waiver for each of these vaccines, provided by the institution, acknowledging receipt and review of the information provided.
3. This section does not require any postsecondary educational institution to provide or pay for vaccinations against meningococcal meningitis and hepatitis B.
   
   Meningitis is a serious disease that affects the brain and spinal cord. Because bacterial meningitis is a grave illness and can rapidly progress to death, it requires early diagnosis and treatment. This is often difficult because the symptoms closely resemble those of the flu and the highest incidence occurs during late winter and early spring (flu season). When not fatal, bacterial meningitis can lead to permanent disabilities such as hearing loss, brain damage or loss of limbs.
   
   Hepatitis B is a serious infectious disease caused by a virus that attacks the liver. The hepatitis B virus (HBV) can cause life-long infection that leads to cirrhosis (scarring) of the liver, liver cancer, or liver failure. There is no cure for hepatitis B, but the infection can be prevented by vaccination. Each year, about 200,000 people are infected with the virus and 5,000 people die.
   
   Although there have been no reported cases of meningitis or hepatitis B at our College in recent years, we are taking the proactive step towards informing and protecting our students.

Florida Statute Section 810.08

TRESPASS IN STRUCTURE OR CONVEYANCE

1. Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
2.  
   1. Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
   2. If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.775.083.
   3. If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
3. As used in this section, the term “person authorized” means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.

Florida Statute Section 810.09

TRESPASS ON PROPERTY OTHER THAN STRUCTURE OR CONVEYANCE

1. A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
   1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
   2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass, commits the offense of trespass on property other than a structure or conveyance.

 Florida Statute Section 810.095

TRESPASS ON SCHOOL PROPERTY WITH FIREARM OR OTHER WEAPON PROHIBITED

1. It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084, for a person who is trespassing upon school property to bring onto, or to possess on, such school property any weapon as defined in s. 790.001(13) or any firearm.
2. As used in this section, “school property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.

Florida Statute Section 877.13

EDUCATIONAL INSTITUTIONS OR SCHOOL BOARDS; PENALTY FOR DISRUPTION

1. It is unlawful for any person:
   1. Knowingly to disrupt or interfere with the lawful administration or functions of any educational institution, school board, or activity on school board property in this state.
   2. Knowingly to advise, counsel, or instruct any school pupil or school employee to disrupt any school or school board function, activity on school board property, or classroom.
   3. Knowingly to interfere with the attendance of any other school pupil or school employee in a school or classroom.
   4. To conspire to riot or to engage in any school campus or school function disruption or disturbance which interferes with the educational processes or with the orderly conduct of a school campus, school, or school board function or activity on school board property.
2. This section shall apply to all educational institutions, school boards, and functions or activities on school board property; however, nothing herein shall deny public employees the opportunity to exercise their rights pursuant to part II of chapter 447.
3. Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.