<p>lol!
SWIM = someone who isn't me.</p>
<p>I'll paste in the code of conduct section, and the school is in Florida.</p>
<p>"4. Possession or consumption of alcohol when under the age of 21 as specified by the State of Florida. "</p>
<p>So the charge would be consumption under the age of 21 (even if they didn't find alcohol he can still be charged).</p>
<p>here is the section regarding the hearing:
Related Links</p>
<pre><code>* Conduct Code
*
</code></pre>
<p>STUDENT CONDUCT CODE</p>
<p>(1) Introduction.</p>
<p>The Student Conduct Code applies the principles found in the “Statement on Values and Moral Standards at Florida State University” by promoting responsible freedom for all students. Responsible freedom is exercised when actions are directed by ethical standards. This Code seeks to apply the principle of responsible freedom as it guides the conduct of Florida State University students. Moreover, the Code operates as a vehicle for informing students about their rights and responsibilities while reinforcing the development of ethical standards that make responsible freedom possible. The “Statement of Values and Moral Standards at Florida State University is found in the current FSU Student Handbook”, which is incorporated herein by reference.</p>
<p>(2) Scope.</p>
<p>Florida State University jurisdiction regarding discipline is generally limited to conduct of any student or registered student organization that occurs on Florida State University premises. In addition, the University reserves the right to impose discipline based on any student conduct, regardless of location, when that conduct may adversely affect the University community or its international programs. The University further reserves the right to restrict contact with specified people. The right of all students to seek knowledge, debate ideas, form opinions, and freely express their ideas is fully recognized by Florida State University. This Student Conduct Code applies to student conduct and will not be used to discipline the lawful expression of ideas. Specific restrictions on time and place of meetings and assemblies are found in Oglesby Union and other University rules, regulations, or policies. The processes for adjudicating violations of state and federal law and violations of the Student Conduct Code are separate and may be pursued independently and simultaneously.</p>
<p>(3) Authority.</p>
<p>(a) Authority for student discipline ultimately rests with the President and the Board of Trustees, who delegates this authority to the Vice President for Student Affairs. The Vice President delegates this authority to the Dean of Students and to the Director of University Housing. Under the direction of the Dean of Students and the Director of University Housing, the Associate Deans of Students, the Assistant Dean of Students/Director of Student Rights and Responsibilities, resident directors/program leaders of international programs and appropriate University Housing staff are responsible for implementing the student disciplinary system. Either the President, the Vice President, the Dean of Students (or their designee), or resident directors/program leaders in international programs may take direct jurisdiction of any case due to the inability of the appointed hearing officer to serve, or when it is determined by the immediate circumstances that taking direct jurisdiction is in the best interest of the University. The Vice President for Student Affairs and the Dean of Students have the authority to designate individuals as hearing or appellate officers when appropriate.</p>
<p>(b) The Vice President (or designee) also has the authority to notify the person listed as the student's emergency contact (or other appropriate person) in case of an emergency involving that student.</p>
<p>(c) All hearing bodies have the authority to consult with other appropriate University officials in order to resolve a Student Conduct Code case effectively.</p>
<p>(d) Decisions of all the Student Judicial Boards and Greek Judicial Boards are considered recommendations to the Director of Student Rights and Responsibilities (see (g) below).</p>
<p>(e) Decisions of administrative hearing panels are recommendations to an Associate Dean of Students, or the designee of the Dean of Students (see (g) below).</p>
<p>(f) Decisions of the Housing Judicial Board(s) are recommendations to the Assistant Director of Housing, or the designee of the Director of Housing (see (g) below).</p>
<p>(g) All recommended disciplinary decisions must be approved in writing by the appropriate administrator (or designee) and only then will be communicated to the student. (See c - f above.) The appropriate administrator may adopt or amend the recommended decision, or order a new hearing. Prior to amending or ordering a new hearing, the administrator will confer with the appropriate hearing body. Upon approval, the recommended decision becomes a first-level disciplinary action.</p>
<p>(h) Decisions of all other hearing bodies constitute first-level disciplinary actions.</p>
<p>(i) If a first-level disciplinary action is not appealed, that decision becomes final agency action.</p>
<p>(j) Appellate bodies are listed in Section 10, Appeals. Appellate decisions are considered recommendations to the Vice President for Student Affairs and become final agency action upon approval by the Vice President (or designee).</p>
<p>(4) Definitions.</p>
<p>(a) Advisor. The term "advisor" means any one person chosen by the charged student, victim, or any witness to assist throughout the disciplinary process, unless service in this capacity would reasonably conflict with the fair application of the judicial process as determined by the Director (or designee) of the Office of Student Rights and Responsibilities.</p>
<p>(b) Charged Student. The term "charged student" means any student who has been formally charged with an alleged violation of the Student Conduct Code.</p>
<p>(c) Class day. The term "class day" means any day that either classes or final exams are scheduled.</p>
<p>(d) Hearing Body. The term "hearing body" means any person or persons authorized by the Dean of Students or Director of University Housing to conduct hearings to determine whether a student has violated the Student Conduct Code and to impose sanctions.</p>
<p>(e) On-Campus. The term "on-campus" means all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University, including adjacent streets, sidewalks, and parking lots.</p>
<p>(f) Policy. The term "policy" means the written statements of the University as found in, but not limited to, the Student Conduct Code, the General Bulletin, the Student Handbook, the Directory of Classes, the Guide to Residence Living and other written regulations and rules for departments, organizations, and clubs.</p>
<p>(g) Preponderance of the Evidence. "Preponderance of the evidence" means that the evidence, as a whole, shows that the fact sought to be proved is more probable than not. This is the standard used in adjudicating all disciplinary cases within this Student Conduct Code.</p>
<p>(h) Student. The term "student" means any person who is admitted to and enrolled in any credit-bearing course or program in any school or division of Florida State University, any person who is admitted to the University and is present on campus for the purpose of being enrolled in any University course or program, including Orientation, or any person who has been enrolled in any credit-bearing course or program at the University and continues to be associated with the University because the student has not completed the course or program in which the student was enrolled. In cases of dual enrollment, jurisdiction over a student's conduct will be determined in consultation with appropriate officials at the student's other institution.</p>
<p>(i) Student Defender. The term "Student Defender" means any person provided by the Student Government Association, either through formal appointment or informal referral, to serve as a resource and advisor to the charged student under the authority of FSU Regulation 6C2R-3.006.</p>
<p>(j) Student Organization. The term "student" also means any student organization that is officially recognized by the University.</p>
<p>(k) University. The term "University" and “University properties” means Florida State University, including the main campus, all property leased, used or controlled by the University, all branch campuses, facilities and University international programs. The Student Conduct Code applies to the University as defined herein. Non-substantive procedural modifications that reflect the particular circumstances of each campus and international program are permitted.</p>
<p>(l) University Community. The term "University community" includes any person who is a student, faculty member, University official, visitor, volunteer, representative of the University, or any other person employed by the University.</p>
<p>(m) University Official. The term "University official" means any person employed by the University to perform assigned teaching, research, administrative, professional or other responsibilities.</p>
<p>(5) Offenses.</p>
<p>The following offenses, or the aiding, abetting, or inciting of, or attempting to commit these offenses, constitute violations of the Student Conduct Code.</p>
<p>(a) Sexual Misconduct.
1. Any sexual act that occurs without the consent of the victim, or that occurs when the victim is unable to give consent.
2. Obscene or indecent behavior, which includes, but is not limited to, exposure of one's sexual organs or the display of sexual behavior that would reasonably be offensive to others.
3. Conduct of a sexual nature that creates an intimidating, hostile, or offensive environment for another person. This includes unwanted, unwelcome, inappropriate, or irrelevant sexual or gender-based behaviors, actions or comments.</p>
<p>(b) Endangerment.
1. Physical violence towards another person or group.
2. Action(s) that endanger the health, safety, or well-being of one’s self or another person or group.
3. Interference with the freedom of another person to move about in a lawful manner.</p>
<p>(c) Harassment.
1. Conduct, (not of a sexual nature), that creates an intimidating, hostile, or offensive environment for another person.
2. Action(s) or statement(s) that threaten harm or intimidate another.
3. Acts that invade the privacy of another person.
4. Stalking, defined as: to follow or otherwise contact another person repeatedly, so as to put that person in fear for his or her life or personal safety.</p>
<p>(d) Hazing.
Any group or individual action or activity that inflicts or intends to inflict physical or mental harm or discomfort or which may demean, disgrace, or degrade any person, regardless of location, intent, or consent of participant(s). Although hazing is related to a person's initiation or admission into, or affiliation with, any student group or organization, it is not necessary to have direct proof that a person's initiation or continued membership is contingent upon participation in the activity for a charge of hazing to be upheld. The actions of either active, associate, new and/or prospective members of an organization may be considered hazing. Hazing includes, but is not limited to:
1. Interference with a student's academic performance.
2. Forced consumption of food, alcohol, drugs, or any other substance.
3. Forced physical activity, such as calisthenics.
4. Deprivation of food or sleep.
5. Kidnapping.
6. Any activity that would subject the individual to embarrassment or humiliation. Please refer to the Florida State University Hazing Policy and Section 1006.63 Florida Statutes for more details.</p>
<p>(e) Weapons.
1. On-campus possession or use of firearms, explosives, or other weapons or dangerous articles or substances, including non-lethal weapons such as pellet guns, or the use of any item as a weapon. Note: This rule does not apply to any student law enforcement officer or to any student ROTC member acting under the supervision of an ROTC unit in a manner proscribed by military regulations of the United States Government.
2. Off-campus, illegal possession or use of firearms, explosives, or other weapons or dangerous articles or substances.</p>
<p>(f) Fire and Safety.
1. Inappropriate activation of any emergency warning equipment or the false reporting of any emergency.
2. Illegal possession, or removal of, damage to, or tampering with fire safety or other emergency warning equipment.
3. Failure to evacuate a University building or facility when a fire alarm is sounded.
4. Arson: defined as setting fire to property.</p>
<p>(g) Alcohol and Illegal Drugs.
1. Possession or use of illegal drugs.
2. Purchase, distribution, delivery, or sale of illegal drugs.
3. Possession or use of drug paraphernalia.
4. Possession or consumption of alcohol when under the age of 21 as specified by the State of Florida.
5. Providing alcoholic beverages to an individual who is under the age of 21 as specified by the State of Florida.
6. Driving while under the influence of alcohol or any illegal substances.
7. Intoxicated behavior.
8. Any other violation of the FSU Alcohol Policy, Rule 6C2-6.012, F.A.C.</p>
<p>(h) Disruption.
1. Failure to comply with a lawful order of a University official or any non-University law enforcement official.
2. Provides false information to a University official or to a non-University law enforcement official, including disciplinary hearing bodies.
3. Acts that impair, interfere with, or obstruct the orderly conduct, processes, and functions of the University or the rights of other members of the University community. This includes acts that occur both inside and outside of the classroom setting and may involve use of electronic or cellular equipment.
4. Commercial solicitation on campus without prior approval from University officials.
5. Acts that disrupt the University disciplinary process, including attempting to coerce or influence a person regarding their participation in any disciplinary proceeding.</p>
<p>(i) Identification.
1. Permits another person to use his or her identification.
2. Inappropriate use of another person's identification.
3. Impersonation, or misrepresenting the authority to act on behalf of another or the University.
4. Forgery, alteration, or misuse of identification, documents, records, keys, or access codes.
5. Manufacture, distribution, delivery, sale, purchase, possession, or use of false identification.</p>
<p>(j) Property.
1. Damage or destruction of public or private property.
2. Theft - without authorization removes or uses the property or services of another person or of the University.
3. Possession, sale, or purchase of property or services that are known or reasonably, under the circumstances, should have been known to have been stolen.
4. Enters or uses the property or facilities of the University or of another person without the proper consent or authorization.</p>
<p>(k) Computers.
1. Unauthorized access or entry into a computer, computer system, network, software, or data.
2. Unauthorized alteration of computer equipment, software, network, or data.
3. Unauthorized downloading, copying, or distribution of computer software or data.
4. Any other act that violates Florida law or the Florida State University Policies And Responsibilities For Use Of Campus Computer And Network Resources, which is hereby adopted by reference.</p>
<p>(l) Gambling.
1. Engages in or offers games of chance for money or other gain in violation of the laws of the State of Florida.</p>
<p>(m) Other Violations.
1. Violation of Federal or State law or local ordinance.
2. Violation of Florida Board of Education or Board of Governors Rule.
3. Aids or abets any other violation of Federal law, State law, or local ordinance.
4. Violation of any other University regulation or policy as described in the FSU General Bulletin, University Housing contract, University Housing Publication - Graduate/Undergraduate, The Guide to Residence Living, other University Housing publications, the FSU Student Handbook, the official FSU website, Student Activities and Organizational Policies (Student Organizational Manual or other University policies and Student Organization Advisor’s Manual), all of which are hereby adopted by reference or other University policies directly related to departments, organizations or clubs.</p>
<p>(6) Students’ Rights.</p>
<p>(a) Notice: Students will be given clear and complete written notice of the Student Conduct Code charge(s) and the allegations upon which the charge(s) is/are based.</p>
<p>(b) Hearing: Students will be given an opportunity to present information, including witness testimony, during a fair and impartial hearing. (A more complete description of the procedures utilized to implement these rights is found in Section (7), Procedures.)</p>
<p>(7) Procedures.</p>
<p>Introduction. The Office of Student Rights and Responsibilities and University Housing are charged with implementing the Student Conduct Code in ways that are congruent with the FSU "Statement on Values and Moral Standards" and with all appropriate laws and administrative rules. The procedures implemented by these offices will be consistent with all appropriate due process rights accorded to students in University disciplinary decisions.</p>
<p>(a) Charges - A review for possible charges may be initiated in the following ways:
1. Filing a police report with the FSU Police Department or requesting that a report from another law enforcement agency be sent to the FSU Police Department.
2. Providing a signed statement to the Office of Student Rights and Responsibilities or University Housing. All information will then be reviewed by an appropriate staff member in the Office of Student Rights and Responsibilities or University Housing to determine whether Student Conduct Code charges will be filed or if alternative action, including mediation, is appropriate. When possible, reports should be submitted to either law enforcement or the appropriate administrator in a timely manner.</p>
<p>(b) Notice. The written notice given to any charged student will include the following:
1. Sufficient detail to prepare a defense (including source of information, alleged offense, and specific Student Conduct Code charges).
2. An invitation to attend an information session, during which the student will view all materials related to the case, receive instruction regarding the disciplinary process and the student's rights, and confirm the forum in which the case will be heard.
3. Notice of a formal hearing will occur at least five class days prior to the adjudication of the case. Informal hearings will be scheduled at the convenience of the charged student and the hearing body.
4. Parent(s) of any student under the age of eighteen at the time of the alleged offense may also be notified of pending charges.
5. The Office of Student Rights and Responsibilities or University Housing may place a judicial hold on the records and registration of any student who fails to address the Student Conduct Code charges in a timely manner. Any pending judicial matters must be resolved prior to a student's graduation, the release of transcripts, transfer of credits to another institution, or re-enrollment at the University.
6. The address on file with the University Registrar's Office will be used for all disciplinary notices sent to the student.</p>
<p>(c) Hearing. Hearings will follow these guidelines:
1. All hearings will be fair and impartial and will use a reasonable person standard when assessing whether the information presented constitutes a preponderance of the evidence. A charged student may submit a challenge to the impartiality of any member of a hearing body to the Office of Student Rights and Responsibilities or the hearing body.
2. A charged student will have the opportunity to present evidence on his or her behalf, including presenting witnesses and/or signed, written statements.
3. The charged student, victim, and any witnesses may be accompanied during the hearing by an advisor (see Section (4)(a)). According to Rule 6C2-3.006, F.A.C., the Student Defender may serve as an advisor. Students are required to address the hearing body in person, on their own behalf, although they may consult with their advisor during the hearing. This consultation must take place in a manner that does not disrupt the proceedings. The advisor shall not speak on behalf of the student unless expressly authorized to do so by the hearing body. The charged student, victim, or any witnesses shall provide the advisor’s name in writing to the Office of Student Rights and Responsibilities or University Housing two class days prior to the hearing. The advisor may not serve as a witness.
4. A student may choose not to answer any and all questions posed by a hearing body. This protection from self-incrimination does not extend to student organizations.
5. The burden of proof at a first-level hearing always rests with the University. The standard of proof will be the preponderance of the evidence, meaning that the evidence, as a whole, shows that the fact sought to be proved is more probable than not.
6. All individual hearings will be conducted in private. If the charged student wants to have the hearing open, the charged student must submit a written request for a public hearing to the Director of the Office of Student Rights and Responsibilities or University Housing at least three class days prior to the hearing. Charges involving alleged sexual misconduct will not be heard in public without prior written consent of all victims. After receiving the consent of all victims in the case, the Director of the Office of Student Rights and Responsibilities may open the hearing to the public.
7. All hearings for student organizations will be public. The Director of Student Rights and Responsibilities (or designee) reserves the right to limit the number of attendees.
8. All hearing decisions will be communicated in writing to the charged student and will include the findings of fact, determination of responsibility, and sanctions imposed (if applicable).
9. Appropriate witnesses will be called by the University to all formal hearings (see (d) below for a description of formal versus informal hearings). Those witnesses who appear may be cross-examined by the charged student. If called witnesses do not appear, their written or taped statements may be considered by the hearing body. In some cases, student witnesses who fail to appear may be charged with a violation of the Student Conduct Code. Appropriate witnesses may also be called by the charged student to all hearings.
10. If the charged student fails to appear at the scheduled hearing (after proper notice), the hearing may be held in the charged student's absence.
11. Prior records of disciplinary action and victim impact statements are considered by the hearing body only in the sanctioning phase of deliberations.
12. The hearing body's determination of "responsible" or "not responsible" will be based solely on the information presented at the hearing. However, when additional information that affects this determination is gathered outside the hearing, it may be used provided it is shared with the charged student and the student has an opportunity to respond to the information. In cases involving multiple students charged, information provided at one hearing may be used as evidence in the related case(s).
13. To request the cancellation of a previously scheduled formal hearing, the charged student must submit a written statement to the Office of Student Rights and Responsibilities five class days prior to the hearing date. At the discretion of the Director of Student Rights and Responsibilities (or designee), the hearing may be rescheduled or conducted in the charged student’s absence.
</p>