IN THE CIRCUIT COURT, FOR THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.

: DIVISION: FLORIDA CARRY, INC., and ALEXANDRIA LAINEZ Plaintiffs,

v.
UNIVERSITY OF NORTH FLORIDA, JOHN DELANEY. Defendants.

------------------------~/
FIRST AMENDED COMPLAINT

COMES NOW Plaintiff, Florida Carry, Inc., by and through its undersigned attorneys and sues Defendants University of North Florida and John Delaney and says: GENERAL ALLEGATIONS 1. This is an action for damages in excess of $15,000.00 and/or for statutory

fines, declaratory judgment and injunctive relief. 2. Plaintiff Florida Carry, Inc. is an organization, chartered under the laws of

the State of Florida. 3. Plaintiff's membership consists of gun owners, who seek to protect and

exercise their right to keep and bear arms, including but not limited to firearms, pursuant to federal and state law. 4. Plaintiff Alexandria Lainez is a student enrolled at UNF, and a member of

Florida Carry, Inc., who desires to carry a firearm while traveling to and from school as lawful method of self defense, and to store the firearm in her vehicle while on campus. 5. Plaintiff Lainez is a single mother with a young child who carries a firearm

for the protection of herself and her child.

6.

Defendant University of North Florida (UNF), is an entity of the State of

Florida, operating a public university, located within the state of Florida. 7. Defendant John Delaney (Delaney) is the president of UNF, and as such

is the chief administrative officer of UNF, responsible for the operation and administration of UNF and is ultimately responsible for all rules and regulations of UNF, and is a public employee.

8.

All actions, rules and regulations of UNF in regards to the issues herein

may be imputed to Delaney as the party with the ultimate authority, to promulgate rules and regulations on behalf of UNF, as its president and chief administrative officer, and as the party with control over the employees and agents of UNF in its day to day operations.

9.
waived. 10.

All conditions precedent to the filing of this suit have occurred or been

Sec. 768.28, Fla. Stat., is not applicable to this action as it only waives

sovereign immunity for the purposes of a tort action. 11. The legislature has specifically authorized this action by the passage of

amendments to Sec. 790.33, Fla. Stat., without requiring notice pursuant to Sec. 768.28, Fla. Stat. 12. There are no administrative remedies which must be resorted to prior to

and who may posses firearms where firearms may be possessed. 790. Publishing a Student Handbook. with no exception for firearms or weapons in private conveyances. threatening criminal prosecution as well as administrative academic sanctions against any student found to posses a firearm on campus. 790. 790.06 Fla. 790. Plaintiffs have retained the undersigned law firm to represent them in this matter and have paid or become obligated to pay a fee for the services of the firm.. Stat. b. the Legislature has expressly preempted the entire field of firearms regulation. statutory fines and injunctive relief. Fla. BY UNF Plaintiff re-alleges paragraphs 1-13 as if set forth in full and further says: 14. This is an action for damages.33. with no exception for firearms or weapons in private conveyances. Stat. 13. a. in regards to persons with a concealed weapon or firearm license pursuant to Sec. 790. Additionally. 15.bringing suit pursuant to Sec.33 by: UNF has passed rules or regulations expressly prohibited by Fla. Pursuant to Sec. Stat. including but not limited to. threatening administrative academic sanctions against any student found to posses a firearm on campus. the method and place of carry. Publishing a Student Code of Conduct.33. (Exhibit 8). the manner of use. (Exhibit A). Stat. . 17. STAT.33. Fla. the legislature has impliedly preempted the carrying of both firearm and non-firearm weapons. 16. FLA. COUNT 1-VIOLATION OF SEC.

specifically allows a person without a concealed weapon or firearm license to carry a "securely encased" firearm in their vehicle. or notify students of the inaccurate information being published. 24. 790. 25..25. Stat. Despite the enactment of amendments to Sec. merely because it chooses to do so.06(12)(b). Sec. 19. 790. UNF's failure to correct these inaccurate statements. ore Sec. 790. Fla.33.06. 21.18. Stat. 790.. The rules and regulations provided to students at the time of enrollment prohibit them from exercising their right to possess a securely encased firearm in their vehicle while on campus. on June 2. excerpts) and student code of conduct (Exhibit 8) on its website and has taken no action to withdraw its rules and regulations or to correct its mis-statements of the law to students. 22. Sec. There is no exception in the statutes which would allow a university to override Sec. UNF continues to publish its student handbook (Exhibit A. 23. Stat. is an unlawful attempt to continue to enact and enforce rules and regulations in violation of Sec.33. 790. Fla.25"Fla. 790. specifically allows licensed persons to carry or store firearms in a vehicle for lawful purposes. 20.. to create an enforcement mechanism to the longstanding preemption of firearms law. 2011. UNF has previously punished and/or referred students for criminal prosecution for lawful possession or storage of a firearm in a private conveyance on campus. Upon information and belief. Stat. no matter how well intentioned or reasonable where the legislature has expressly . Fla. There is no basis for any rule or regulation reqardinq firearms by UNF. Fla.. Stat. repeal the regulations.

a term defined by the Florida Constitution.IOLATION OF SEC.preempted such rules and regulations. Stat. STAT. Stat. e. c. d. which does not include colleges or universities. or use of a firearm in lawful self defense. Further UNF claims the right to a waiver under Sec.. b. Stat. This is an action for damages.33.. An injunction against the enforcement of any firearms rules or regulations. by UNF other than those contained in chapter 790. If plaintiff prevails in this matter. An order to remove any university rules and regulations regarding firearms from any university publication except as specifically provided for employees by Chapter 790. Stat. 790. Fla. statutory fines and injunctive relief.. equitable. WHEREFORE. An award of actual and statutory damages. 790. BY DELANEY V Plaintiff re-alleges paragraphs 1-13 as if set forth in full and further says: 28. plaintiff is entitled to attorney's fees and costs pursuant to Sec. Fla. 790. Plaintiffs seek a. Ordering the repeal of all preempted and unauthorized Florida Administrative Code regulations regarding the possession of firearms on public university campuses.115. 27. COUNT 11.33. FLA. which waivers are limited to school districts. 26. An award of attorneys fees and costs and all other relief deemed just and . Fla. Fla. and against any disciplinary action against any student for possession of a firearm in a private conveyance.

790.06 Fla. with no exception for firearms or weapons in private conveyances. Upon information and belief. b. Publishing a Student Handbook. Stat. Pursuant to Sec.. and/or allowed the passage of rules or regulations expressly prohibited by Fla. 31. authorized. 32. 790. Fla. 30. with no exception for firearms or weapons in private conveyances. Delaney has previously authorized or allowed students at UNF to be punished and/or referred for criminal prosecution for lawful possession or storage of a firearm in a private conveyance on campus. threatening administrative academic sanctions against any student found to posses a firearm on campus. the legislature has impliedly preempted the carrying of both firearm and non-firearm weapons. the manner of use. as the chief administrative officer of UNF has passed.33. the method and place of carry. in regards to persons with a concealed weapon or firearm license pursuant to Sec. Stat. and who may posses firearms where firearms may be possessed. The rules and regulations provided to students at the time of enrollment prohibit them from exercising their right to possess a securely encased firearm in their . including but not limited to. the Legislature has expressly preempted the entire field of firearms regulation. Publishing a Student Code of Conduct. Stat. Additionally. 790.29. Delaney. (Exhibit 8).33 by: a. threatening criminal prosecution as well as administrative academic sanctions against any student found to posses a firearm on campus. (Exhibit A). 33.

merely because he chooses to do so. is an unlawful attempt to continue to enact and enforce rules and regulations in violation of Sec. 36. 790. Sec. specifically allows licensed persons to carry or store firearms in a vehicle for lawful purposes. Delaney's failure to correct these inaccurate statements. Stat. Fla. 39. Fla.33. Stat. 2011. specifically allows a person without a concealed weapon or firearm license to carry a "securely encased" firearm in their vehicle. 37.115. excerpts) and student code of conduct (Exhibit 8) on UNF's website and has taken no action to withdraw the rules and regulations or to correct the mis-statements of the law to students. Fla. repeal the regulations.06(12)(b). 790.. Delaney continues authorize and allow the publishing of UNF's student handbook (Exhibit A. to create an enforcement mechanism to the longstanding preemption of firearms law. There is no basis for any rule or regulation regarding firearms by Delaney. 790. Despite the enactment of amendments to Sec. on June 2.vehicle while on campus. 790.. a term defined by the Florida Constitution. 35.33. ore Sec. 790. or notify students of the inaccurate information being published.. Stat. 790. Sec. There is no exception in the statutes which would allow Delaney to override Sec. Fla. 34. 40. .. 38. 790. Stat.06. Fla. Further Delaney claims the right to a waiver under Sec.. which waivers are limited to school districts. which does not include colleges or universities. no matter how well intentioned or reasonable where the legislature has expressly preempted such rules and regulations. Stat. Stat.25.25"Fla.

plaintiff is entitled to attorney's fees and costs pursuant to Sec.ECLARATORY JUDGMENT D Plaintiffs re-allege the allegations in paragraphs 1 through 41 and further say 42. An injunction against the enforcement of any firearms rules or regulations. Fla. Stat.. 44. equitable. authorized and/or allowed by Delaney. d. An order to remove any university rules and regulations regarding firearms from any university publication except as specifically provided for employees by Chapter 790. Stat. or use of a firearm in lawful self defense. Ordering the repeal of all preempted and unauthorized FLORIDA CODE regulations regarding the possession of firearms on public ADMINISTRATIVE university campuses. Plaintiffs seek a. An award of actual and statutory damages. Stat. WHEREFORE.33. Plaintiff's seek a ruling of the Court for themselves' personally and on behalf of their membership.41. c. and against any disciplinary action against any student for possession of a firearm in a private conveyance. 43. by Delaney or his subordinates other than those contained in chapter 790. Plaintiffs will suffer material harm without a declaratory judgment as they . This is an action for declaratory relief pursuant to Fla. Fla. that UNF's rules and regulations. b.. 790.33. Stat. e. regarding firearms and weapons are expressly and impliedly preempted. Fla. An award of attorneys fees and costs and all other relief deemed just and COUNT 111. If plaintiff prevails in this matter. 790.

Plaintiffs request an order finding: a. Specifically authorizes Plaintiffs to seek a declaratory judgment in this matter. All UNF rules and administrative regulations regarding the possession of firearms or other weapons in private conveyances are null and void as to holders of a concealed weapon or firearms license issued or recognized by the state of Florida . UNF and Delaney's continued publication of rules prohibiting all firearms and weapons which UNF and Delaney have failed to repeal. b. All UNF rules and administrative regulations regarding firearms are null and void. the state has impliedly preempted any entity from regulating the possession of that weapon except as provided for by the Legislature. 47. To the extent that a student has been granted a license by the state to carry a concealed weapon. whether a firearm or not.33. along with their failure to issue any statement which would clarify their intent to not enforce and to repeal or discontinue publishing these rules and regulations leaves plaintiffs with no clear remedy other than a declaratory judgment that UNF and Delaney are in violation of the preemption statute. 790. in their private conveyance. Fla. and an order requiring UNF and Delaney to take corrective action to remedy their illegal and misleading actions. Stat. 45.will be denied the exercise of their right to bear arms as specifically authorized by Florida law. 46. WHEREFORE. Sec.

An award of attorneys fees and costs and all other relief deemed just and equitable. 50. UNF students and lawful visitors have the right to carry and store lawfully possessed firearms in their vehicle while present on the UNF campus without threat of criminal prosecution or administrative punishment. The risk of assault or other physical force against Plaintiff Lainez of the members of Florida Carry and the lack of any duty by UNF or Delaney to protect them is a harm which cannot be compensated solely by an award of money damages. UNF and Delaney have no reasonable basis for their enactment of rules . 49. COUNT 111INJUNCTION AND WRIT OF MANDAMUS Plaintiffs re-allege the allegations in paragraphs 1 through 47 and further say 48. and that there is no need or authorization for additional regulation of firearms by UNF or Delaney. The Legislature has declared all regulation of firearms to be preempted by the Legislature. 51. d. e.c. Inc. UNF and Delaney's continued regulation of firearms in the face of express preemption is continually harming Plaintiff Lainez and the members of Plaintiff Florida Carry. and has determined that students should be allowed to posses and/or store firearms in private automobiles on university campuses. Persons with concealed weapons licenses have the right to carry and store lawfully possessed weapons in their vehicle while present on the UNF campus without threat of criminal prosecution or administrative punishment.

52. and an injunction and/or a writ of mandamus. and ordering UNF to take steps to replace all student handbooks and student codes of conduct. ordering UNF to repeal all enjoined rules and regulations. The continued publication of mis-information regarding UNF's regulation of firearms by UNF and Delaney in violation of state law leaves its students and visitors without clear guidance as to their conduct and as to whether their rights under Florida law end when crossing the UNF property line. Plaintiffs seek an immediate injunction against UNF and Delaney prohibiting any enforcement of any UNF rules or regulations regarding the possession of firearms and weapons on campus. and all other relief deemed just and equitable. . or provision regarding the possession of firearms in all publications.regarding firearms and are unlikely to prevail on the merits. to eliminate any rule. WHEREFORE. regulation.

Jr. on the following: George E. Laura St.S. 797901 541 E.CERTIFICATE OF SERVICE '" vi. Mail. Schulz. STE 3900 Jacksonville. Holland & Knight LLP 50 N. Esq. FL 32202 (904) 353-7733. Monroe STE 1 Jacksonville. this ~day of December 2011. FL 32202 7 Eric J. Fax 353-8255 efriday@flectcherandphillips. Bar No. Friday FLETCHER & PHILLIPS Fla.) I HEREBY CERTIFY that a copy of the foregoing was served via U.com .

EXHIBIT A .

Similarly. harassment and retaliation can we ensure that all community members. interpreting and monitoring this equal opportunity and diversity regulation and the University's Affirmative Action compliance obligations rests with the director. J. disability. weapon or other destructive device on campus in violation of the applicable regulation or law. staff or other community member's ability to interact or work in an environment free from discrimination. The University recognizes that it is a unique learning environment in which its diverse community members have the right to exercise protected free speech in expressing their differing opinions as guaranteed by the First Amendment and in an environment in which its faculty has the academic freedom to provoke thought and debate and to engage in open discourse related to their individual areas of academic instruction. Florida Statutes). social or recreational program or activity offered by the University. faculty and staff from a variety of cultures. backgrounds. national origin or veteran status in any educational. harassment or retaliation. and Florida law (see section 790. This will allow us to take full educational advantage of the variety of talents. While embracing these concepts including its obligations under affirmative action regarding race. Such efforts enrich the quality and texture of our community and provide an environment where individuals and groups learn with and from each other. In furtherance of the University's diversity initiatives and focus toward inclusiveness. faculty. Office of Equal Opportunity Programs. Possession and Use of Firearms. Hazing. The responsibility for communicating. staff. scholarly and career interests. or a faculty.1). event or activity or to otherwise participate in campuslife. the University shall not commit or permit discrimination or harassment on the basis of race. weapon or other destructive device on campus. are based on the qualifications. ethnicity and gender. the University will not abridge either free speech or academic freedom. resident or commuter. Taking all the above into consideration. Potential violations of this regulation will be evaluated from the perspective of a reasonable person in the alleged victim's position. and shall be prevented and adjudicated by the Student Rights and Regulations S 51 . it is expected that all in the University community will appreciate and respect the dignity. and the uniqueness of our individual community members. this regulation prohibits conduct that is severe. employment. hire and retain employees who bring a diversity of viewpoints. color. will be subject to arrest and/or discipline in accordance with Florida State Statute and the Student Conduct Code.of diverse backgrounds and experiences and is similarly committed to recruit. Questions may be directed to the University Police Department. compensation and promotion. gender. considering the totality of the circumstances.Actions or conduct which by design or intent amount to hazing arc prohibited. Harassment Policy The University of North Florida is committed to providing an inclusive and welcoming environment for all who interact in our community and strives to attract students. Daniel Hall (Bldg. visitors or others who interact at the University will observe and comply with these equal opportunity and diversity principles. skills and abilities of those desiring to work. religion. admission. and perspective of those who study and work in the University. Accordingly. age. persistent or pervasive so as to limit or deny a student's ability to participate in or benefit from an academic program. the University expects that all community members including students. To accomplish the intent of this regulation. who possesses or uses a firearm. where both the distinctiveness of each person's experience and the common humanity that unites us all will be recognized. This prohibition is subject to the limited exceptions for those permitted to carry firearms contained in the University's regulation. any student. Room 2400 (904) 620-2507 Voice & TDD (904) 620-1004 (fax) Firearms. Accordingly.115. (see page S 96) prohibits the possession and/or use of a firearm. the University is equally committed to ensuring that educational and employment decisions. Prohibition Against (5. Office of Equal Opportunity Programs J. such as the nature of the alleged conduct and the context in which the alleged conduct occurred. especially our students. cultures and a broad range of human experiences to the University. backgrounds and life experiences. Thus. hiring. contractors. sexual orientation. study and participate in our University community. (904) 620-4UPD (4873). have the opportunity to work and achieve excellence. in exercising the standards put forth in this regulation. including recruitment. marital status.0020R) (I) Statement of Policy . the University will not commit or permit retaliation against an individual who complains of discrimination or harassment or an individual who cooperates in an investigation of an alleged violation of this regulation. Weapons or Destructive Devices: Prohibited on Campus The UNF Student Conduct Code. It is also expected that we will maintain an environment conducive to the pursuit of educational. The University understands that only by eliminating discrimination. individuality. vendors.

EXHIBITB .

Procedures I. - - - . However. regardless of location. Appeals L. Records committed to values that promote the welfare and positive transformation of individuals. risdiction regarding discipline is generally limited to conduct of any student or student ses. diversity. form opinions and freely express their ideas is fully recognized student conduct and will not be used to discipline the lawtul expression of Ideas. the University reserves the right to impose . social. The promote responsible behavior for all students consistent with the values and welfare of the I and to provide a climate In which all members can fulfill their personal. and has established trus Code for defining behavioral rights and responsibilities within this Code shall be administered through the Division of Student Affairs. Victim Rights in the Conduct Process J. : the pursuit of truth and knowledge carried out in the spirit of intellectual and artistic freedom.• Major Revision of Existing MinorfTechnical Reaffirmation Revision of Existing Regulation of Existing Regulation Regulation [J [J H. responsibility to the natural environment. . Sanctions K. debate ideas. including University Housing. that may adversely affect the University community. and mutual respect and civility. by UNF.

ng where Individuals drawn from a pool of students. University Police also fall under this definition. an agency of the Student Conduct Code. The Vice President of Student and e to hear the appeal other than the person who initially heard the case and/or determined days" is defined as days when either classes or final exams are officially scheduled by the and Sundays.) student" means any student who has been formally charged with an alleged violation of anyone person chosen by the charged student or the alleged victim to assist him/her an advisor may assist a student she/he may not speak on the student's behalf or process. facilities and other properties (including equipment and controlled by the University. or his designee. buildinqs. The President delegates ttus authority to the Vice I Affairs. Such individuals will not be subject to the procedures instead will be required to comply with the procedures adopted by University Housing for community" means any person who is a student. registering for of behavior that constitute violations of the Student Conduct Code Such behaviors. administered under the University conduct system through the Student Conduct Office. council conduct matters will be reviewed by the Office of Fraternity and Sorority life and may Conduct Office Following the review by the Office of Fraternity and Sorority life..i. or individuals serving on a Hearing Panel. faculty and staff authorized by the Vice Affairs who have been trained to hear conduct cases and make decisions related to reported Code. (Please refer to Section H.. and International Affairs (or designee) also has the authority to notify the person listed on the appropriate person) in case of an emergency Involving that student. responsibilities. sidewalks and parking lots. the term "student" is defined as any person who is currently admitted maintains student status based on the Continuous Enrollment Policy. may be appealed to the Vice President for Student and International Affairs I Student Conduct Code. Students may be held "non-student resident" refers to an individual who resides in UNF Housing pursuant to a or a guest as defined in this Code. means all land.. or referred the to student organizations.e. to commit such behaviors represent violations of the Student Conduct Code: or actions . written notice given to a student that contains the reported violation of the Student I to answer.. The panel hearing members.t. I indicates " means the information presented in the student's charge letter and all information that it is more likely than not that the student committed the violation that they have means the adopted regulations of the University as found on the Official UNF Website assigned to hear conduct cases by the Vice President for Student and International a facilitator in panel hearings. Also included in this enrolled in classes and continue to be associated with the University because they have requirements in which they were enrolled. Sanctions will be determined by the Vice President i after his/her review of the Hearing Body's decision that a student is responsible for has been required to answer. review a student is "responsible" or "not responsible" for the charges that they have been required to consisting President of at least 50% student representation convened for Student and International Affairs. i official" means any person employed by the University to perform assigned teaching. Immediate is defined as the University's educational response to address student behavior where a violations of the Student Conduct Code. In caseS of dual enrollment. i between a Charged Student and the Hearing Administrator where the studenl will be as discussed in the charge letter and where the student will be advised of his/her rights in his/her rights at a subsequent Individual or Panel Hearing. The term "student" is affiliated with the University. " in this Code means any person or persons authorized by the Vice President for to determine whether a student has violated the Student Conduct Code.t. which shall consist of a least 50% students. hold" is one placed on a student's University record by the Vice President for Studeni and prohibits the student from conducting business with the University (i. the and/or decisions of respective fraternity or sorority council judicial boards Student Housing Government. including adjacent streets. jurisdiction over a I consultation with appropriate officials at the student's other institution. any person visiting campus who is not affiliated with the University. UNF defines continuous ses at UNF without a break of three or more consecutive semesters. defined as a student's ability to have the Vice President of Student and International Affairs (or finding that the student is responsible for the reported violatlons of the Student Conduct Code well as the sanction that the student has been provided. (Please to hear an appeal of a student's refer to Section F. -This Anlmir. assessment by the Office of Fraternity and Sorority life (with or without assistance from any to the organization's pertinent council for judicial review and/or action. The Vice President 'may take direct Jurisdiction of any case. University University or a guest of the University. faculty member. hearing where a charged student meets individually with a Hearing Administrator who reviews and aU other relevant information to determine whether a charged student is "responsible" has been required to answer.of State and Federal law and the Student Conduct Code are separate and are pursued ultimately rests with the University President. Procedures. Including those reporting through Club Alliance.

Computer Misuse 12. Disruptive Behavior 14. emergency with warning equipment or the false reporting at any emergency. delivering and/or . Property 16. hostile. Participation 17. educational. Violations of University Regulations Entry or Use of University another that occurs without hislher consent.11. or group. or well being of another person of endangering one's own health or safety. regulation). or when directed to leave the building by an building or facility when a fire alarm is sounded and on the Official UNF including use of prescription drugs where the individual drugs were lawfully prescribed. but is not limited to.g. or working harm or intimidate another person. living. where the person person to whom the medication was lawfully prescribed distributing. Unauthonzed Facilities 19. unwelcome. . possessing or usmq the drugs is sale of illegal drugs or prescription drugs.Stalking) so as to put that person in fear for their life or actions which cause another person discomfort. explosives or substances. of one's sexual organs or the display of sexual which includes. or offensive . or working environment for sexual or gender-based activities or comments eavesdrop or otherwise invading the privacy of another for the purpose of personal sexual safety. Disregard for the Conduct System 18. of any object that is classified as a weapon under Flonda law including firearms. ve swords. axes. fire safety or any emergency warning equipment. hostile. pocket knives that are larger than the legal size defined by law or items or activity in violation at UNF's Anti-hazing Policy. to others. weapons (including non-lethal weapons such as pellet guns. exposure creates an intimidating. bb guns. educational. or ottensive campus. Conspiracy 20. Identlficatlon/Falsificallon 15. Vehicles/Transportanon 13. that creates an intimidating. in the University's Sexual Harassment any item used as a weapon. another person repeatedly (e. . inappropriate or irrelevant campus.

identity or password. and functions of the University or the rights of other This includes acts that occur both inside and outside the classroom setting. processes. of the Student Handbook).:anf'.':> ~ nFlrc:. to f'. tobacco in any campus building (including the residence hails). without prior approval from University rljc:.:ar tn :::. resulting consumption policies while under the influence while under the Influence of alcohol. andlor other common sources of mass volume alcohol on campus. a University or non-University team or organization premises (including the residence in a competition. IS under the legal drinking age as defined by S. programs. if available). or taking information resource property or supplies without proper authorization. of alcohol such as beer bongs and funnels. Other Drugs Policy of which is located in the Student Handbook and on the Official UNF of alcohol when under the legal drinking alcoholic beverages to an individual who age as defined by law. of alcoholic beverages (to be disruptive behavior BAC test. or for any other purpose.lLlriinn for their guests while they are vlsitinq officials. (including data. and supporting Prohibited Uses of "on-Motorized Vehides). faculty. to use. party balls. or change the contents.::orrp nr inflll. parking garages. or staff member of the University. with the work of another student.unf_eduJanfllts/polproclResponsible Use of Comp.ttpmntinn . andlor sell illegal drugs. of chance for money or for anything of value on University sponsored by a student or student organization. Students hosting guests are responsible held accountable for the actions of their guests.nn in nrrl. devices in prohibited areas Roller-blades. from a University official or with the laWful order of any non-University law enforcement on campus. with a direct influence in resources in violation of the University's Responsible Use of Computing and Information be found at lilttO:l/ww'vv. with the of alcohol or consumption of alcohol in non-approved from excessive public areas. Students who choose to drink alcohol will in order to prove legal drinking age.I"'inlin~rv nrnl"'':>c:.c:. read. bicycling. and other similar transportation walkways. one's age or using altered identification consumption of alcohol. 1 or obstruct the orderly conduct. inr'. and interior building spaces).n.i3sp>:) including..

':::1 . or altered identification.. but results in a loss. .. or misrepresenting information before a Hearing Body.. authorization removes or uses the property or services of the University or of another person... or otherwise damages the coercion. regulations.. guidelines 5 or requirements. proceeding.. may be Student Conduct Code separately from any legally-imposed fine. or then of public or private property. inconvenience." . for fraternities and sororities as administered by the Office of or requirements established or requirements directly related to departments.:::1 . organizations. rules.. done in humor or in jest. ) • .. andlor withholding required information Acting on behalf of another person. ""' . i to a University Handbook).. andlor charged with a criminal offense... This includes failure to remove oneself from the .. policies.. but not limited to. or the Urnversity without authorization or or private property.. . or clubs.".. penalty or prison sentence. or endangers another. andlor other conduct that intimidates. ·' '1 . threatens. andlor charged with a criminal offense. .' . or services that are known to have been stolen. . other than a misdemeanor traffic offense. has a duty to Vice President for Student and International Affairs within 30 days of being charged with the and International Affairs (or designee) will review the alleged criminal conduct with the . group. guidelines or requirements.. official (Students are required to carry their student identification card information to a University official or others. those contained in rules.. other than a misdemeanor traffic offense.

The conduct review (or hearing. or designee. Notice may be delivered to any campus location if prior I for an immediate suspension appeal. right to a prompt adrnrnistrauve appeal heanng as described in subsection 2 above. and will be no sooner than 3 class days after the than 14 class days after the conduct review at the discretion of the Heanng Administrator. or general welfare of the University ber of individuals as long as It maintains appeal hearing is final. health. if student chooses to waive the conduct review) from the date on the notice or at the discretion of the Hearing Administrator. The Vice Affairs. All information Will then be reviewed Student Conduct Office to determine whether Student Conduct Code charges will be filed or if to the attention of the University that is a violation of the Code of Conduct and has the potential of the University community may result in a student being charged with a Code of Conduct given to any charged student will include the following: the reported charge(s) of violation of the Student Conduct Code. including sources of will have an opportunity to attend a conduct review information session to resolve issues. or (2) a heanng directly with the Vice President for Student and International on a review of the issues the Vice President for Student and International Affairs (or may determine that it IS in the best interests of both the student and the University that an proceed to a panel. A the following ways: by the police or filed by any person or entity (including University departments. the University community. except in extraordinary cases (e. An immediate suspension means a student attend classes. hospitalization of a student). programs. i normally be filed at the completion 50% representation from the student population. health. and budget on 15 that fraternities and sororities may be allowed to conduct business meetings from the Office of Fraternity and Sorority Life in advance and the meeting IS attended by removed from his/her University Housing assignment. members.). At that time. possession) the Vice President for Student and International Affairs may impose an the student's hearing with a hearing body. must approve any such removal of a student as described in this Code will be consistent with all appropriate rights accorded to students in university submitted Student In to either law enforcement or the appropriate administrator within 180 days of the Conduct Code. The date of the immediate suspension appeal may be extended that the suspension appeal should be held at a later date. The appeal must be based on one of the following: . of all investigations or as soon thereafter as possible. within three class days of the student's receipt of the the immediate suspension should continue until a regular hearing pursuant to Student violations of the Code. have their housing contract the housing areas prior to the student's conduct hearing with a hearing body.a student's actions that may affect the safety. . The student student fails to appear at the scheduled formal hearing and failed to provide notice to trus student's absence and helshe may be charged With additional violations of the Code. funding requests. community a signed written statement to the Student Conduct Office. the review. The appeal hearing may hearing.g. and cannot use University facilities. the student may review all materials to be used in his/her case and subsequently have an or panel hearing) in which the case Will be heard. procedures. etc. or general welfare of its members. does not pose a threat to the safety. or attend a conduct review. even if proven. A heanng appcintment will be uct review (if a conduct review IS chosen). Information used at the subsequent individual or panel hearing and can be shared accordingly. An orcarnzencn means a/l activities. which will be determined by uled in the student's absence at the discretion of the Hearing Administrator. a formal hearing (either individual or panel. social events. or general welfare of the student or not limited to violations of drug possession and/or intent to distribute. be suspended by the Vice President for Student and International Affairs In circumstances that may affect the safety. sexual misconduct. Also included are reports requested of (or received by) another either initiated . and five class days have expired since the date of the notice. It is the student's responsibility to schedule an appointment for a conduct review review. health.

the Hearing Administrator in writing at least two class days prior to the hearing. where additional consideration of evidence and deliberation is reauired bv the Hearina . three class days from the conduct of the hearing Administrator. of "responsfbte" or "not responsible" will be based solely on the information only in the presented does not automatically call witnesses to support the charges. Disciplinary ectrorncauv. if it is in document form. The charged student will have the opportunity to provide questions to be questions in writing to the Hearing Administrator preferably within two class days prior that unanticipated questions may arise based on the statements of a witness at a student may also provide written questions to the Hearing Administrator during the to pose any 01 the questions provided by the charged student to the witness. Students may choose between an individual or may determine that it is In the best interest of both the student and the University heanngs. the Vice Affair. testimony in the fonm 01 a written statement. The the conduct charges they are called to answer If the inlonmation provided at the heanng. review (unless requested by the student). or This recording will serve as the official record 01 the proceedings. the hearing may be held in the charged ary action and victim impact statements are considered by the hearing body criminal convictions also may be considered if relevant to the proceedings. The charged student should notily the Student Conduct Office 01 the prior to the hearing. If an attorney is to be the advisor. may also be Of Panel hearing. students charged. When two or more individual cases may be heard jOintly if the students waive the right to individual commurucatso separately. be communicated applicable). although they may consult with their advisor during the heanng. However. suspension. This that does not disrupt the proceedings. alleged victim(s). as not that the student committed the violation they have been called to answer. Witnesses may only be present during the time they are testifYing. and respond to all at the hearing. the Hearing Administrator will determine whether the r. Witnesses who appear may be questioned I accept written questions from the charged student in accordance with the procedures set lorth knowledge of the Incident giVing rise to the charge or the issues relating to It. although he/she may gather calling witnesses. Witnesses appear at hearings on a voluntary basis and cannot be in writing to the charged student and will include the rationale. Administrator individual and panel hearings. either voluntarily or involuntarily (for example: fails to schedule and/or attend a will provide the charged student with a briel overview 01 the hearing and general conduct (s) will have the opportumty to present information on his/her behalf. account of the incident. The advisor may be removed Irom the presence is disruptive. information provided at one hearing may be used as evidence in the related hearing may result in the adjustment 01 the original charges and sanctions may be imposed hearings will be closed to the public and may include the person(s) bringing charges I Hearing Admirustrators. Only one witness will be present at the hearing at a time and each Administrator after questioning.harged student should be held she has been required to answer. The charged student Will be informed of any additional inlormation an opportunity to review the information. the burden of prool regarding the charges that have been brought against him or her. The advisor shall not speak on behalf of the do so by the hearing body. or desiqnee. no later than student contests the charges and the case may result in removal from housing. including presenting be accompanied during the hearing by an advisor of his/her choice. Hearrngs will follow these guidelines: duct review. of hearings. In these seriousness of the violation or in the interest of fairness. using their Osprey e-mail account. If the charged student is found responsible. Students are required to on their own behalf. ReSidence Lrle staff (including RAs). the University is not i pending the outcome on any criminal prosecution. the hearing to appear at the scheduled hearing after proper notice.Office may place a disciplinary hold on the records and registration of any student who fails to matters must be resolved prior to the awarding of any degree or certificate. II the student does not not have to be recorded. The Hearing Body may proceed on all available information. to answer any and all questions posed by a hearrng body. the University when necessary to support charges. If correspondence needs to be sent to an address as contained in the University's Student Records will be used. The present evidence. sent to the student within fourteen (14) class days Irom the conclusion 01 the hearing process. will determine an appropriate sanction. .

is required where additional consideration . An advisor. The Hearing Administrator will then Identified witnesses or the charged student.-. presentation is recommended by the panel. will decide if such information is or portions thereof. email.mail or in person). will determine an appropriate sanction./ response to address student behavior where a student has been found Code. it IS understood that unanticipated of an individual at a hearing. the alleged victim may in a separate room from the charged student so long as the process does not unduly to question the witness. Sanctions will be determined by the Vice President of Student and -~ t u . In such a scenario.. 0 . it is understood that unanticipated questions may arise based on the statements of I . types of cases (refer to Victim Services section of the Student Handbook): these types of violations: victim's choice accompany him/her when presenting information to the hearing body and to the disciplinary process. however. and witnesses by the University.1 .. The determination of when this writing. Charged students who wish to question do so preferably by submitllng their questions In writing two class days prior to the Panel . Affair. and witnesses by the charged student.-.. if the victim is present shelhe may Administrator during the heanng who Will have the sale discretion whether to pose any of student. The Hearing Administrator the alleged victim is not usually considered relevant. The hearing body may change the (if any) by the University followed by the opening statement of the charged student. mall or in person) of the estimated duration of this extended lime to provide information to support the charges. the Hearing Panel will determine whether the charged student should be held the Vice or she has been required to answer. at the hearing and each witness will be dismissed by the Hearing Administrator Only after i any) by the University.. If the charged student IS found responsible for the charge(s). email.. including both the decision and the sanctions of the disciplinary process within five 's educational Conduct . physical violence or stalking charges.n phase of deliberations. followed by questioning of those witnesses. this . followed by the closing statement (if any)of the charged student. the charged student may also provide written questions to the Hearing Administrator sale discretion whether to pose any of the questions provided by the charged student to the sooner than three class days after notice IS received by the charged student (unless a hearing IS recording will serve as the official record of the proceedings. ncticnlr . Only one hearing and each witness will be dismissed by the Hearing Administrator after questioning. whichever is applicable...ed (by phone. involving sexual misconduct. for use in Panel hearings.-. or designee. excluded from the hearing.4 . t t. . (14) class days from the conclusion of evidence and deliberation sent to the student within fourteen of the heanng process.. . may not speak on behalf of the student to the hearing body. In of the University..I t 1_ ¥- . earing Administrator two class days prior to the hearing.' . This option will be offered only by the Hearing Administrator. If the charged student appeals the decision on the basis will have the right to view the victim impact statement upon request. However. followed by questioning of those witnesses. returned to them if in current possession discretion of the Hearing Administrator.1. concluded.. If the charged student is found responsible. .

A student may also forfeit academic credit accordingly and the Impact on grades based on the withdrawal. helshe will assign someone to hear the heard the case and/or determined the student's sanction. Student Government or Resident Assistant).Q!mtlllli!!!f~· Referral for assessment (at the student's expense) to a licensed menial health general mental health or other counseling issues. hearing that substantially affected the outcome of the at the time of the anginal . Students found responsible for alcohol be referred to the UNF Office for Health Promotion for alcohol andlor drug education' and an outside agency or counselor based on the seriousness of the violation. that may be placed on a student include. Section 2 above. Housing rent and fees. * be imposed upon groups or organizations found to have violated the Student Conduct Code: forfeit tuition. officials. I:'IUII Uldl d :'lUUCIIlI:' I C:'!-IUI1:'IUIt::: lUI ure IC!-IUllCU required to answer. Students must I as a result of any assessment. sorority and other organizational constitutions. or other educational activities . an agency of Student Government's policies.. Students who are excluded from liVing Director of Housing Operations to determine the financial impact of the canceled contract. An appeal request must be based on one or disproportionate not available to the violation committed. A student choosing to request President tor Student and International Affairs Within five class days of the date on the should accompany all appeal requests.g. sanctions information may be forwarded to the appropriate office for will have a disciplinary hold placed on their records and may receive additional the ability to request that the Vice President of Student and International Affairs (or deSignee) student is responsible for a Violation of the Student Conduct Code. interviews with appropriate papers. the UNF Alcohol and Other Drugs Policy) Parental notitlcation and the discretion of the Hearing Administrator. Life and Club Alliance.I 11:'11 ICI It:::VICWUllIIC nCdllJIY ouuy:. planning and implementing . A lesser of admission or re-admission action regarding admission. the following sanctions. Uta . and other University fees if found responsible for a in suspension or expulsion. which are hereby a student from the University will be noted on that student's academic transcript. but are not limited to: (e. or combination of sanctions (with or without upon any student found to have violated the Student Conduct Code to perform tasks or services under the supervision of a University department or ce at educational programs. areas or any other areas on campus. or Expulsion of student organizations includes temporary or to student organizations are found in fraternity. of each case. Suspension with the University.. Should the Vice (or designee) grant the appeal request. may occur for both alcohol and temporary or permanent). of time during which any further violation of the Student Conduct Code puts the student's status student is found "responsible" for another violation of the Code during the period of Disciplinary be given to imposing a sanction of Suspension or Expulsion from the University.

Affairs (or designee) may affirm. within ten class days of receiving the written request for appeal. and International hearing will be held. the student's hearing unless notification is given that additional time is status will remain unchanged during the appeal process.2003. the student's (with the exception noted in 2above) will be kept on file for five years following With the State's Record Retention Schedule. If a student receives a or expelled. modify.60 and BOG Regulation October 2009) and Approved by BOT October 8. rests with the student to clearly show that an error has occurred during the original hearing. action and therefore cannot be appealed further within the University. History' Print Page . 6. a student's academic record file and the Office of the Registrar wMI be only during the period of suspension. not to determine dated January 7. the student will be notified in the decision letter that the student may appeal the judicial forum. reverse or remand the anginal twenty class days of the appeal on appeal. Florida Statutes 1006.Vice President for Student and International Affairs (or designee). suspension. 2009. Hearing will be at the discretion of the Vice President for Student and International Affairs. or to the appeal hearing. phase of deliberations. will be maintained in the Division of Student Artairs. record will be considered only during the sanctioning "or "not responsible" for the alleged Violation. on of expulsion will be maintained in a permanent the student's permanent academic record.0105.

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