Regulation 4.040, the Student Conduct and Honor Code will be changing in December 2021. These changes are required to comply with the updated Florida Board of Governors Regulation (6.0105) as well as the recently enacted HB233 from the Florida Legislature.
Compliance was mandated as of July 1, 2021. The University will procedurally use the guidance below until the formal review, public comment, and passing of any updates to Regulation 4.040 in December 2021.
Overview of HB233 Guidance
How are Publish and Class Lecture Defined?
Publish: Share, transmit, circulate, distribute, or provide access to a Recording, regardless of format or medium, to another person (or persons), including but not limited to another student within the same class section. Additionally, a Recording, or transcript of the Recording, is considered to be Published if it is posted on or uploaded to, in whole or part, any media platform, including but not limited to social media, website, book, magazine, newspaper or leaflet.
Class Lecture: An educational presentation delivered by Faculty or guest lecturer, as part of a University of Florida course, intended to inform or teach enrolled students about a particular subject. Class Lecture does not include lab sessions, student presentations, clinical presentations such as patient history, academic exercises involving student participation, assessments (quizzes, tests, exams), field trips, private conversations between Students in the class or between a Student and the Faculty or guest lecturer during a class session.
Guidance for Recording a Class Lecture
Avoid Unauthorized Recordings:
A Student shall not make a video or audio Recording in class unless the Recording is limited to the Class Lecture and made for the following reasons: their own personal educational use, in connection with a complaint to the University, or as evidence in or in preparation for a criminal or civil proceeding. A Recording must not be Published without the prior express written consent of the Faculty or guest lecturer.
A Student shall not make a Recording in class, through any means over any medium, of anything other than a Class Lecture, including but not limited to the Recording of any assessment, clinical activity, lab, or student presentation. The Recording of any meeting or conversation in class between Students or between Students and Faculty or guest lecturer is strictly prohibited.
Do Not Share or Publish Recordings:
A Student, independently or with another person or other people, must not without express written authorization take, give, Publish, post or submit, transmit, or receive materials, information, or resources in any manner, through any medium, for the purpose of gaining or providing an improper academic advantage to any Student.
Guidance for Recordings Outside the Classroom
Avoid Invasion of Privacy and Unauthorized Recording:
Making, using, Publishing or distributing a Recording of a person in a location or situation in which that person has a Reasonable expectation of privacy and is unaware of the Recording or does not Consent to it; and any other conduct that constitutes an invasion of the privacy of another person under applicable Laws and Regulations. Such conduct includes, without limitation, unauthorized Recording of private conversations, images, meetings or activities.
Unauthorized Recording in class, or of an organizational or University meeting where there exists a legal expectation of privacy, and any use, disclosure, or Publishing of any such Recording. Students may make a Recording of Class Lectures for three (3) lawful reasons: for their own personal educational use, in connection with a complaint to the University, or as evidence in or preparation for a criminal or civil proceeding. A Recorded Class Lecture may not be Published without the prior express written consent of the Faculty or guest lecturer.
How is a Disciplinary Proceeding Defined by UF?
Disciplinary Proceedings are limited to the following:
• Administrative Reviews
• Collaborative Resolutions
• Hearings
How is an Advisor Defined?
Advisor: Any one person chosen by an Accused Student or a Reporting Person to serve as an Advisor, advocate, or legal representative to assist them throughout the Student Conduct Process. Any Advisor serves at the Student’s own expense and initiative. The Advisor cannot serve in any other role, including as a witness, investigator, Student Conduct Administrator, Appeal Authority, Conduct Committee Advisor, or Hearing Body. The University is not responsible for selecting an Advisor for any Student navigating the Student Conduct Process. It is the Student’s responsibility to make appropriate arrangements for their Advisor to attend meetings, which will not be delayed due to scheduling conflicts of the chosen Advisor. The Advisor may be present to advise the Accused Student or Reporting Person in any meeting and may participate in all aspects of a Disciplinary Proceeding, but shall not testify for the Accused Student or Reporting Person or be present absent the Accused Student or Reporting Person.
What Type of Meetings Are Not Disciplinary Proceedings?
Information Meeting: A meeting between an Accused Student and a Student Conduct Administrator after a Notice of Charges has been sent. The meeting includes reviewing a Student’s rights in the Student Conduct Process, reviewing the Charges, and reviewing potential outcomes. The Information Meeting is not a Disciplinary Proceeding. The Information Meeting determines the next course of action in the Student Conduct Process
Other Guidance for How UF complies with HB233 and FL BOG 6.0105
Process & Rights
- Document review altered to include required "inculpatory" and "exculpatory" language (accused students)
- Dates for information provision, notice, and case file review were updated to match FL Board of Governors requirements
- A presumption that no violation occurred for accused students
Record Management
- Procedures updated to include required language from HB233 related to preservation and access for accused students