Any person or entity can report misconduct from a student by making a complaint to the police or making a written or verbal report with the Student Conduct and Academic Integrity Department (“SCAI”). After a complaint is made, the SCAI director will make a preliminary review of the complaint to determine if there is sufficient information to file charges.
If charges are filed alleging misconduct, the student will receive a “charge letter” notifying the student of the specific code sections which constitute the alleged violations, an allegations statement, and information on the student disciplinary process including the student’s rights and the date, time, and location of the disciplinary hearing.
A student essentially has two types of resolution options under FIU policy. First, a summary resolution is available if the student wants to waive the right to a formal hearing and wants the Hearing Officer to make a determination of responsibility and sanctions simply based on the written evidence.
Second, the student can elect to contest the charges at a formal hearing. If the student wants a formal hearing, he or she can select either an Administrative Hearing or a Student Conduct Committee (“SCC”) hearing. An Administrative Hearing is conducted by a Hearing Officer who serves as the Hearing Body. A SCC Hearing is conducted by a committee which serves as the Hearing Body which consists of two students, one faculty or staff member, and a non-voting Hearing Officer.
At a hearing, the University has the burden of proof to prove the charges by a “preponderance of the evidence” (more likely than not). Witnesses will testify at the hearing, evidence will be admitted, and then a decision will be rendered by the Hearing Body within 14 days. The hearing will also be recorded.
If the University determines that the student violated the student code at the disciplinary hearing, then the following disciplinary sanctions could be issued:
- Written Reprimand – The University takes official notice that such actions are inappropriate and not in accordance with community standards.
- Educational Activities– Appropriate educations steps (such as referrals for alcohol or drug education, reflection activities, letters of apology, directed study programs, or classes).
- Conduct Probation – Period of time where a student is considered not in good standing with the University.
- Deferred Suspension – Period of time in which suspension is temporarily withheld or withheld pending completion of other sanctions by a specified deadline date.
- Suspension – Separation from the University for a specified period of time.
- Expulsion – Permanent separation from the University with no possibility of readmission.
- Course Sanctions - A point/grade reduction for a specific assignment or entire course.
- Other Remedies – No contact orders with students or faculty, restitution, or restriction or loss of privileges.
In determining the appropriate sanction, the school will generally take into account the seriousness of the offense, the student’s prior disciplinary history, and any aggravating or mitigating factors.
Students have the right to appeal a negative outcome in their case. An appeal must be in writing and sent to the Appellate Officer no later than 5 P.M. on the seventh business day after the delivery date of the hearing decision letter. The student is only permitted to appeal on the following grounds:
- Violations of the appealing party’s rights or other failure to follow the Student Conduct procedures that substantially affected the outcome of the initial hearing;
- New information which was not available at the time of the hearing and could not have been presented. In addition, the appealing party must show that the new information could have substantially affected the outcome; or
- The severity of the sanction is disproportionate to the nature of the charges.
A written decision will then be issued within twenty-one business days of receipt of the appeal request.
Sexual Harassment and Sexual Misconduct Policy at Florida International University
Florida International University’s Sexual Harassment and Sexual Misconduct Policy is governed by Title IX which is a federal law that was enacted in 1972 to protect students from sex or gender discrimination. Pursuant to that end, FIU has made a detailed and comprehensive Title IX policy called “FIU-105 Sexual Harassment and Sexual Misconduct”.
Under this policy, Florida International University has developed rules and regulations that cover allegations related to sexual harassment and sexual misconduct that are not covered by FIU-2501 Student Conduct and Honor Code.
Some of the conduct which is prohibited under this policy includes:
To report conduct under this policy, a party must file a formal complaint with the University. Upon receipt of the formal complaint, the Title IX coordinator will send the accused student written notice of regulation FIU-105, the specific allegations, that the accused student is presumed to be not responsible, the accused student may have an advisor of his or her choice, an advisal against making false statements, and an appointment date and time to meet with the Title IX Coordinator for an information session.
At the information session, an employee of FIU will advise the student of the complaint, his or her rights under FIU policy, and may ask for a statement in response to the allegations. It’s important to note that you are not required to give a statement and it might be advisable not to make a statement if the allegations made against the student are criminal in nature.
Title IX investigations take approximately ninety business days to investigate. During the investigation, a Title IX investigator is generally assigned that will speak to witnesses, collect evidence, and issue a final report which will be disclosed to the student.
After the investigation, the student could have two options to resolve the complaint. If the University offers what is called an “alternative resolution”, which is an informal process between the parties to attempt to reach an agreed resolution without a hearing. If offered, the parties must reach an agreement within fifteen days of agreeing to an alternative resolution. If an agreement cannot be made, the case will proceed to a formal hearing.
At a formal hearing, the Hearing Officer will hear testimony from witnesses, review evidence, and make a written determination of responsibility within 14 business days of the hearing. If the student is found responsible, then a Hearing Officer can issue any of the sanctions previously mentioned. A student can also appeal a Hearing Officer’s decision under this Title IX policy.
Student’s Rights at Florida International University
Both FIU-2501 Student Conduct and Honor Code and FIU-105 Sexual Harassment and Sexual Misconduct specify specific rights for each student during this process including:
- The right to reasonable, written notice of the charges and allegations upon which the charges are based;
- The right that of a presumption that no violation occurred;
- The right to a fair and impartial hearing;
- The right to be accompanied by an Advisor of their choice and expense at any time during the process;
- The right to review all relevant information or evidence to be used in the hearing prior to the hearing;
- The right to participate in the hearing either physically or by technology (Zoom, telephonically, etc.);
- The right to present, or have your advisor present relevant witnesses and information at the hearing;
- The right to question, or have your advisor question witnesses in accordance with the hearing procedures;
- The right not to provide self-incriminating testimony and that invoking the right against self-incrimination will not be considered as a negative factor in the decision;
- The right to receive notification of the decision of the Hearing Body within fourteen business days of the hearing; and
- The right to appeal the decision following the procedures established by the University.
Additional Resources
Attorney for Student Defense at Florida International University
At Hubbs law, we defend against allegations of student misconduct at all Florida universities including the University of Miami, Florida International University, Miami-Dade College, Barry University, St. Thomas University, Nova Southeastern University and more. Our attorneys have the courtroom experience necessary that can give you, or your family member, the best chance to defend the case.
Our seasoned attorney, E.J. Hubbs, is both a former prosecutor and board certified in criminal trial law. He has handled over 10,000 cases in his career and has the 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.
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