桃瘾社区

The trustees, faculty and administration of 桃瘾社区 are dedicated to cultivating a community that is committed to honesty, citizenship, inclusion, respect, responsibility, and life-long learning.

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It is expected that all members of the University community will obey the law, adhere to the Student Code of Conduct, and conduct themselves in a manner that is consistent with a community of scholars. If members of the University community fall short of that expectation, fair conduct procedures have been developed to protect the interests of the University and the University community. The trustees affirm the ability of the University to protect its interests within the University community. The president of the University or their representative has the discretion to suspend or remove any student, registered student organization, visitor, guest, or other member of the University community whose presence is believed to be contrary to the best interests of the University community.

Advisor: any person, a complainant or respondent/responding party chooses to support them during an investigation of sexual misconduct and relationship violence. The advisor may not speak on behalf of the person they are advising and is not permitted to directly participate in the outlined procedures, but instead may be present only to provide assistance or advice to the individual they are supporting. The advisor鈥檚 schedule may not unreasonably interfere with the outlined sexual misconduct and relationship violence procedures, which includes but is not limited to the scheduling of meetings and interviews. Advisors who do not comply with the stated procedures and policies will not be permitted to serve as an advisor and will not be permitted to be present during meetings and interviews.

Business day: a day in which 桃瘾社区 is open for normal business including time periods where the University is conducting business in a virtual capacity. This excludes weekends, university observed federal holidays, and break periods for which the University is closed.

Camping: an outdoor activity where individuals or groups spend time living temporarily in tents or other portable shelters.

Coercion: verbal and/or physical actions, which would cause a person to act in an involuntary manner or against their own free will. This can include acts of manipulation, intimidation, unwanted contact, and expressed or implied threats of physical, emotional, or other harm.

Complainant: an individual who is reported to have been subjected to sexual misconduct and/or relationship violence, regardless of whether that individual participates in the disclosure or review of that report by the University.

Confidential Employee: a staff member of the University designated by the University to withhold all information disclosed to them by any student.

Constructive possession: a student with knowledge of and access to items in an area.

Consent: is defined as an informed, voluntary, and mutual agreement. Consent can be withdrawn at any time and there is no consent when there is force, expressed or implied, or when coercion, intimidation, or duress is used. Consent cannot be given by a person who is incapacitated.

Dangerous object: any item used in a way that can invoke fear in a reasonable person.

Encampments: temporary settlements or campsites established by individuals or groups often for an organized activity or purpose.

Faculty member: any person hired by 桃瘾社区 to conduct classroom activities.

Fishing: the practice of catching or trapping fish or other aquatic wildlife for recreational purposes.

Force: the use or threat of physical violence.

Hazing: any activity that humiliates, degrades, abuses, or endangers a person, regardless of a person鈥檚 willingness to participate, or is otherwise prohibited by Florida Statutes 搂 1006.63 for the purposes of, but not limited to, initiation or admission into or affiliation with any organization, regardless of intent, or consent of the participants.

Hearing Board Advisor: any person assigned by the Office of Student Conduct to chair and administer processes related to a hearing board.

Hunting: the practice of pursuing, capturing, or killing wild animals for recreational purposes.

Incapacitation: the mental or physical inability to make informed judgments and/or provide consent that could be temporary or permanent. The determination of whether a person is incapacitated is objectively based on what a reasonable person exercising good judgement should have and/or would have known about the condition of the incapacitated party.

Incident Reviewer: any person assigned by the Office of Student Conduct to review and process alleged student misconduct violations.

Investigator: an appropriately trained or experienced individual, who at a minimum, received annual training on a multitude of issues, including issues related to dating violence, domestic violence, gender discrimination, hazing, sexual assault and stalking in addition to training on the Sexual Misconduct and Relationship Violence Policy and/or registered student organization investigation processes that protects the safety of the victims and promotes accountability.

Possession: custody, or control over, and being located on one鈥檚 person or in one鈥檚 belongings, in their assigned/leased personal space, residence hall room, or vehicle.

Preponderance (of evidence): the standard of proof for finding a violation of the Student Code of Conduct; preponderance of evidence means that, upon consideration of all information, it is more likely than not that the policy was violated.

Prohibited: banned from participation.

Registered Student Organization (RSO): an organization that completed the formal registration process and was recognized through the Office of Student Leadership and Engagement and 桃瘾社区.

Reporting Party: an individual who reports alleged misconduct to the University.

Residential Guests: any persons who are not affiliated with 桃瘾社区 but are invited onto university property by a resident assigned to on-campus housing.

Respondent or Responding Party: a university student or Registered Student Organization allegedly engaged in misconduct.

Responsible Employee: all employees of the University (including staff, faculty, and university officials) that are not considered confidential employees and certain student workers are considered responsible employees. Not all students who receive compensation from the University are responsible employees. For a student worker to be a responsible employee, they must have the authority to take action to redress sexual misconduct or relationship violence; they must have been given the duty of reporting incidents of sexual misconduct or relationship violence or any other misconduct by students; or they must be an individual a student could reasonably believe has this authority. In addition, the disclosure must be made to the student in their capacity as a student worker. All responsible employees (staff, faculty and student staff who meet the definition above) are obligated to report all information given of sexual misconduct and relationship violence to the Title IX Coordinator.

Retaliation: an intentional act or threat of action toward another because they reported a violation of policy and/or because of their participation in the student conduct and/or sexual misconduct and relationship violence processes.

Staff/Staff Member: any person employed by 桃瘾社区 performing assigned administrative, professional, or classified responsibilities.

Student: a person who is or has attended the University. A student is 鈥渋n attendance鈥� on the first day of classes or the date in which a student takes occupancy in a university residence, whichever is earlier. Persons who are not officially enrolled and who have not graduated from the University but have had a relationship with the University as a student within the previous two (2) academic semesters are also considered a 鈥渟tudent.鈥� Additionally, 鈥渟tudent鈥� also includes those individuals who satisfied this definition at the time of the alleged violation.

University: 桃瘾社区.

University Official: any person employed by 桃瘾社区 performing administrative, paraprofessional, or professional responsibilities.

University Community: any place or person with whom 桃瘾社区 has a vested interest.

University of Tampa Campus: all property owned, leased, or loaned to 桃瘾社区, which includes any place where 桃瘾社区 conducts official business, meetings, or events.

University Support Person: any current student, faculty or staff member of the University chosen by a responding party to provide support during student misconduct hearings excluding Sexual Misconduct and Relationship Violence Policy misconduct (see advisor above). The University support person may not speak on behalf of the person they are supporting and is not permitted to directly participate in the outlined procedures, but instead may be present to provide assistance or advice to the student they are supporting. University support persons are not provided to registered student organizations.

Visitor: any individual not registered as a student, employed by the University, or employed by affiliated vendor partner is considered a visitor. Visitors include non-registered students, friends, spouses, children, guest speakers, and 桃瘾社区-sanctioned event participants.

Weapon: any item designed for inflicting or could be used to inflict bodily harm.

Witness: any person, other than the complainant or respondent/responding party, who has information or knowledge regarding an incident and who participates in a student conduct hearing, registered student organization investigation or sexual misconduct and relationship violence investigation.

The following University policies apply to students, guests of students while on the 桃瘾社区 campus, and Registered Student Organizations on and off campus. Hosts of guests are responsible for the actions of their guests. Prohibited conduct includes but is not limited to:听

1. Accessing roofs of university buildings, fire escapes, ledges, minarets, service elevators, balconies, fountains, athletic fields, and other areas that are designated closed.
2. Accessing an office, residence hall building/room, meeting space, or other university facility without authorization or permission of the rightful occupant.
3. Willfully entering a restroom or changing facility on campus that is not designated for that individual and refusing to depart when asked to do so by the University鈥檚 administrative personnel, a faculty member, security, or law enforcement in violation of Fla. Stat. 搂 553.865.鈥�
4. Tampering with, forcing, or gaining entry without permission or damaging mailboxes in the University鈥檚 Mail Services.听

1. Distributing, manufacturing or selling alcoholic beverages on 桃瘾社区 campus or any university owned, controlled, operated or leased property.
2. Possessing, consuming or being under the influence of alcoholic beverages under the legal drinking age.
3. Being in constructive possession of alcohol under the legal drinking age.
4. Trying to obtain alcohol by fraudulent means or the coercion of others.
5. Causing a disruption including inappropriate conduct because of intoxication to the residential, university or Tampa community or that is detrimental to one鈥檚 health and safety or the health and safety of others.
6. Possessing common source containers of alcohol and devices designed for its rapid consumption. Involvement with drinking games, actual or simulated, that results in the rapid or excess consumption of alcohol.
7. Consuming alcohol in shared residential spaces including bathrooms, common rooms, hallways, kitchens and/or stairwells or public spaces on campus.
8. Operating a motor vehicle while impaired by alcohol as defined under Federal and Florida law.
9. Hosting a gathering where there is consumption, distribution, possession, manufacturing or selling of alcoholic beverages to or by underage persons.
10. Distributing, selling or providing alcoholic beverages to any underage persons or violating any law, rule or regulation related to alcoholic beverages.

1. Possessing, caring for, or hosting pets or other animals on 桃瘾社区 campus, which includes all University buildings, residence halls, athletic facilities, and shared or common area spaces.
2. Animal mistreatment includes conduct that harms or endangers the health and welfare of animals. This includes abandonment, malnourishment, negligence, or acts of animal cruelty.

Please note students may qualify for accommodation due to a qualified disability as noted in the Service, Assistance, and Emotional Support Animal Policy.

1. Failing to adhere to policies listed within the Campus Living Policies. These policies are located online at听www.ut.edu/residencelife/guidelines/.听

1. Failing to comply with directives related to the health and safety of an individual or the University community by a university official, campus safety officer or emergency personnel acting in accordance with their official duties.
2. Failing to comply with directives issued by any university official in any verbal, written and/or electronic form, including all communications from the Office of Student Conduct.

1. Failing to adhere to policies listed within the Computer Misuse and Acceptable Use Policy located online at www.ut.edu/aup.

1. Distributing and posting material on campus without university permission.
2. Soliciting business on campus without university permission.
3. Using a residential campus facility for storage of merchandise or other commercial activity without university permission.

1. Possessing, consuming, distributing, manufacturing, purchasing, or selling narcotics, controlled substances, illegal or illicit drugs, prescription or non-prescription drugs, or other chemical substances, compounds or combinations when used to induce an altered state except as expressly permitted by Federal and Florida law.
2. Being in constructive possession of narcotics, controlled substances, illegal or illicit drugs, prescription or non-prescription drugs, or other chemical substances, compounds or combinations when used to induce an altered state except as expressly permitted by Federal and Florida law.
3. Causing a disruption because of drug impairment to the residential, university, or Tampa community or that is detrimental to one鈥檚 health and safety, or the health and safety of others.
4. Operating a motor vehicle while impaired by drugs as defined under Federal and Florida law.
5. Hosting a gathering where there is consumption, distribution, possession, manufacturing, or selling of narcotics, controlled substances, illegal or illicit drugs, prescription or non-prescription drugs, or other chemical substances, compounds or combinations when used to induce an altered state except as expressly permitted by Federal and Florida law.

Please note 桃瘾社区 is required to comply with all federal, state, and local drug laws. This includes compliance with the Drug Free Schools and Communities Act, which requires the prohibition of the unlawful possession, use, or distribution of illegal or illicit drugs by employees and students. If there is ever a conflict between laws, 桃瘾社区 must follow federal law which supersedes state or local laws.听

1. Possessing, distributing, manufacturing, selling, or using any item that has been utilized for consumption of drugs or is designed for the use of drugs except as expressly permitted by Federal and Florida law. These include but are not limited to bowls, bongs, needles, syringes, nitrous oxide, and pipes.
2. Fashioning items for drug usage.
3. Being in constructive possession of drug paraphernalia or any item that can be utilized for or is designed for drug usage.

1. Violating federal, state, local laws and city ordinances.

1. Unauthorized, negligent, careless, tampering or improper handling of any fire safety or emergency equipment or fixtures.
2. Failing to evacuate any building during a fire alarm.
3. Removing or tampering with any Fire Safety signs and/or instructions.
4. Hanging, adhering or affixing any item to any fire equipment or ceiling, including sprinkler systems.

1. Participating in hazing.
2. Having knowledge of any activity related to hazing.

1. Failing to possess a Spartan Identification Card.
2. Possessing a fake identification or other fraudulent forms of identification.
3. Distributing manufactured fraudulent identification and/or Spartan Cards.
4. Misusing University identification cards including the lending of identification cards to others. This includes possessing a university identification or other governmental identification that belongs to others.

1. Falsifying, or being party to the falsification, of any official University record or document including university parking passes.
2. Providing false information to or withholding information from any university official, faculty member, staff member, or office.
3. Conducting financial transactions unlawfully.
4. Deliberately and purposefully reporting a false complaint or accusation to a university official.
5. Associating or promoting suspended or former student organizations that were previously disciplined due to actions or values incongruent with the University mission and Spartan Code.

1. Intentionally or recklessly causing physical harm or endangering the health or safety of other persons. The Office of Student Conduct and/or designee will determine whether physical harm or endangerment was justifiable or constitutes a policy violation based on the information provided.
2. Interfering with the freedom of another person to move about in a lawful manner.
3. Creating an intimidating, hostile, threatening, or offensive campus, educational or working environment for other persons.
4. Initiating actions or statements that threaten, harm, or intimidate another person, including electronic communications.
5. Intimidating or injuring other persons because that person is actually or perceived to be a member of one of the protected classes defined in the University nondiscrimination notice.
6. Participating in harassment based on any protected class stated within the University non-discrimination notice.
7. Acting in a manner that invades the privacy of others. This includes recording, distributing, or viewing images, documents, recordings or audio of another person or activity without consent.
8. Recording, distributing, or publishing audio, videos, or images of persons in residential facilities in which that person has or maintains a reasonable expectation of privacy.
9. Attempting to interfere or intimidate a university community member regarding a student conduct matter.
10. Retaliation as defined within the Student Code of Conduct definitions section.

1. Participating in the misuse, possession, or tampering with property belonging to others or 桃瘾社区.
2. Participating in defacing or damaging property belonging to others or to 桃瘾社区.
3. Hunting, fishing, or camping on property belonging to 桃瘾社区.
4. Riding bicycles or using skates, skateboards, or any other personal transportation devices in university buildings. Any exceptions must be approved by The Office of Student Accessibility Services.
5. Possessing an electric scooter within university buildings except for designated areas in the Grand Center and university parking garages. Any exceptions must be approved by The Office of Student Accessibility Services.
6. Littering on University property.

1. Gathering to disturb the peace or interrupt the proper functioning of 桃瘾社区. Disruptions include but are not limited to obstruction of academic course work through the disruption of learning, teaching, research, administration, other University activities, and/or other authorized non-University activities, which occur on the University campus.
2. Creating encampments or other temporary structures on the University of Tampa campus.
3. Smoking, vaporizing, or the use of tobacco products on the University of Tampa campus.
4. Defecating and/or urinating in areas not expressly intended for that purpose.
5. Being indecently exposed in shared or public spaces.
6. Creating an emergency that impedes the mission, operations, or proper functioning of the University.听

This policy addresses prohibited behavior that does not meet the defined prohibited conduct under the University Title IX Sexual Harassment Policy ("Title IX Policy"). All complaints of behavior that are determined to meet the prohibited conduct under the Title IX Policy will be addressed within the Title IX Policy Grievance Procedures. The Title IX Policy prohibits actions of sexual misconduct and relationship violence that occur on-campus and acts of sexual misconduct and relationship violence that are associated with educational programs and activities within the University. The determination of the applicable policy regarding the alleged conduct will be made by the Title IX Coordinator or designee. If the Title IX Coordinator or designee determines that the behavior described in a complaint is not covered by the Title IX Policy, the below policy with its definitions and prohibited behaviors will be applied:

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1. Sexual Harassment, which is any unwelcome sexual advance, request for sexual favors, or unwanted conduct of a sexual nature, whether verbal or non-verbal. Sexual Harassment may include quid pro quo harassment, or harassment that creates a hostile environment.
2. Nonconsensual Sexual Contact, which includes any intentional sexual touching of the breasts, buttocks, groin, or genitals, for the purpose of sexual gratification, however slight, whether clothed or unclothed, with any object or body part by a person against another person that is without consent. This includes but is not limited to:
   1. Fondling, which includes intentional touching of the breasts, buttocks, groin, or genitals of another without that person鈥檚 consent.
   2. Coercing, forcing, or attempting to coerce or force a person to touch the breasts, buttocks, groin, or genitals without that person鈥檚 consent.
3. Nonconsensual Sexual Intercourse, which includes any sexual intercourse without consent. This includes penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object or (2) the mouth of a person by a sex organ of another person, without that person鈥檚 consent.
4. Intimate Partner Violence, which is defined as a violent or threatening familial or intimate partner relationship that causes one to fear for their safety or causes physical or psychological injury, pain, or illness. Intimate partner violence includes but is not limited to:
   1. Dating violence: A violent act committed by a person against another who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of the relationship; and the frequency of interaction between persons involved in the relationship.
   2. Domestic violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of jurisdiction, or any other person against an adult or youth victim who is protected from that person鈥檚 acts under the domestic or family violence laws of our jurisdiction.
5. Stalking, which is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. Such behavior or activities may include but are not limited to:
   1. Unwelcomed communication of any type, including but not limited to face-to-face, telephone calls, voice messages, electronic, written letters or notes, and unwanted gifts.
   2. Use of threatening words and/or conduct.
   3. Pursuing, following, observing, and/or surveillance.

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Incapacitation is defined as the mental or physical inability to make informed judgments and/or provide consent that could be temporary or permanent. The determination of whether a person is incapacitated is objectively based on what a reasonable person exercising good judgement should have and/or would have known about the condition of the incapacitated party. This includes incapacitation due to alcohol or drug consumption, illness, being asleep or unconscious, or any other reason that the individual is physically or mentally unable to form or communicate consent.

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Consent is defined as an informed, voluntary, and mutual agreement. Consent can be withdrawn at any time and there is no consent when there is force, expressed or implied, or when coercion, intimidation, or duress is used. Consent cannot be given by a person who is incapacitated.

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Complaints of Sexual Misconduct and Relationship Violence are adjudicated under the Sexual Misconduct and Relationship Violence Procedures (Appendix III)

1. Failing to abide by all published University policies. These include University policies published in academic catalogs, on the University website and in any other University publications or on forms, communications and agreements.听

1. Possessing, storing, or carrying a firearm, which includes projectile firing devices, pellet guns, electronic control devices, and air rifles or weapons, which include ammunition, switchblades and knives with blades over five inches. This includes the sale, purchase, discharge or display of any firearm or weapon on the University campus or using University property.
2. Possessing or storing explosives, including fireworks and pyrotechnic devices.
3. Possessing or storing biological or chemical materials, such as tear gas, hazardous materials, or chemicals such as gasoline, butane, lighter fluid or other flammable liquids, or any other items that may pose a danger to the University community.
4. Using, discharging, brandishing or displaying a firearm, weapon or dangerous object for any purpose including invoking fear or intimidation and/or causing bodily harm or injury.

Please note persons with a Concealed Carry Weapons Permit (CCW) must abide by this policy.听

1. Engaging in behavior that has a negative impact on the University community. No list of behaviors can be exhaustive, and situations may arise that are not expressly addressed by university policies but are contrary to the welfare of the University community. With these incidents, interpretation of the behavior will be made by The Office of Student Conduct.

1. Statement of Purpose
   1. 桃瘾社区 considers the safety and personal well-being of the student body a priority. The University recognizes that there may be alcohol, drug-related, hazing, and sexual misconduct and relationship violence emergencies in which the potential for disciplinary action could function as a barrier to students who want to seek assistance for themselves or others. The Amnesty and Bystander Intervention Policy is designed to enable students and their guests to seek assistance for emergencies by reducing the possible barrier of disciplinary consequences.
2. Jurisdiction
   1. 桃瘾社区 Amnesty and Bystander Intervention Policy applies to both on campus and off-campus incidents.
3. 听Statement of Policy
   1. When a student or other individual seeks assistance for themselves or another person experiencing an alcohol, drug-related, hazing, and sexual misconduct, and relationship violence emergency by contacting emergency services, such as the Residence Life staff, Campus Safety, or Tampa Police Department, the student(s) in need of medical attention and the individual(s) reporting the emergency will not be subject to disciplinary action for the following violations in the Student Code of Conduct:
      1. Alcohol.
      2. Drugs.
      3. Drug Paraphernalia.
      4. Hazing.
   2. However, in all incidents involving an alcohol or other drug-related emergency, the Office of Student Conduct may pursue disciplinary action related to other alleged violations of the Student Code of Conduct.
4. Determination of Medical Amnesty and Bystander Status
   1. All information related to the incident will be documented by the responding University official(s) in a report and forwarded to the Office of Student Conduct. The Office of Student Conduct will review the report and determine the appropriate application of amnesty and any other action to be taken in accordance with the Student Code of Conduct.
5. Requirement of Medical Amnesty and Bystander Status
   1. Any student who is granted Amnesty or Bystander status because of an alcohol or other drug-related emergency will be required to:
      1. Attend a follow-up meeting with Counseling Services for an Alcohol and Other Drug assessment where the student鈥檚 behavior will be discussed in addition to referrals to other campus resources; and
      2. Complete additional measures determined at the sole discretion of the Office of Student Conduct to better support the individual student and the overall community when the student has experienced alcohol and other drug-related emergencies.
   2. In addition, students granted Amnesty or Bystander status could be charged with a violation of Compliance with Directives under the Student Code of Conduct if the student does not complete their assessment requirements or additional measures.

Questions about the application or interpretation of the Student Code of Conduct should be directed to the Office of Student Conduct. The Office of Student Conduct has the sole authority and discretion to interpret and apply the Student Code of Conduct as deemed appropriate.听