Disciplinary Hearings at USF

The University of South Florida (USF) serves more than 48,000 students. Those students at USF are subject to USF’s Student Code of Conduct, which sets forth the process for student disciplinary hearings.

USF’s Student Code of Conduct is a 37-page document that explains the types of conduct for which a student may be disciplined. See “USF6.0021 Student Code of Conduct,” last revised on 3-18-24. The disciplinary hearing occurs if you are alleged to have violated that code.

The student is typically notified of the disciplinary action through an email to the student’s USF.edu email address. The email comes from USF’s Assistant Dean, Director of Student Conduct and Ethical Development. The email includes a cover letter describing the complaint, the names of the complaint(s), the date and time of the alleged violation of the USF Student Code of
Conduct.

USF’s Code of Conduct explains the procedures for charging students with conduct violations and determining whether the student is responsible for the alleged violation. Additionally, the Code of Conduct sets out the sanctions for sustained violations.

A USF official is assigned to the case when a USF student is referred for an alleged violation of the Code of Conduct. USF6.0021(3)(e), USF6.0021(5). The initial review officer assesses the referral to determine what, if any, charges are to be filed and notifies the student of the charges.

If the Student Conduct and Ethical Development (SCED) receives a report regarding an incident alleged to be a violation of the student code of conduct, then the Assistant Dean and Director of Student Conduct and Ethical Development will send the student an email. The email operates as a notice of the alleged violation and an invitation to attend an informal hearing.

The email will list the date and time for the informal hearing and invite the student to attend with an advisor. The hearing might occur remotely over Microsoft Teams Video Conference.

If you retain an attorney to represent you, the attorney will ask you to provide their contact information and complete the Release of Information form at least two (2) business days in advance of the informal hearing.

Your attorney might request to attend the meeting in person with the student. If you wish to participate in the hearing in person, you must notify USF’s Office of Student Conduct at least one business day in advance.

At the informal hearing, you will learn more about the choice between two types of formal hearings – an administrative hearing or a conduct board hearing.

The Administrative Hearing is conducted by a single Hearing Officer who serves as the Hearing Body. If the charged student elects an Administrative Hearing, the charged student waives their right to the University Conduct Board. USF6.0021(5)(c)(2).

Alternatively, the student can elect to have a formal hearing before a conduct board. USF6.0021(5)(c)(2)b. Except in cases involving violence, the student accused of the violation can appear at the hearing, question adverse witnesses, and present evidence on their behalf. USF6.0021(6)(a)(4),(5). If a student fails to appear at a properly scheduled hearing, the matter may be resolved in the student’s absence. USF6.0021(6)(a)(11).

The burden of proof to be applied to the proceeding is the preponderance of the evidence standard. USF6.0021(6)(a)(1). The decision reached, and the findings that support that decision, may be appealed to the Dean. USF6.0021(5)(f). The Dean decides the appeal. The Dean may adopt, modify, or reject decisions from the formal hearing.

Final decisions resulting in suspension or expulsion are reviewable by petition for writ of certiorari filed in the circuit court. USF6.0021(6).

Attorneys for USF’s Disciplinary Hearings

College students accused of a crime or misconduct should contact an experienced criminal defense attorney familiar with representing college students during disciplinary hearings.

The stakes are exceptionally high for International Students who are not citizens of the United States, and students pursuing a career in the military, law enforcement, healthcare, or the legal profession.

Some disciplinary actions are triggered by an accusation that a crime was committed on or off campus. Whether the police issued a notice to appear in court to answer criminal charges or formally arrested you, the University of South Florida might find out about the criminal accusation and initiate a disciplinary process.

Those students must fight the criminal accusation in a courtroom and the disciplinary action at the formal hearing before the University Conduct Board or the Administrative Officer.

During the academic integrity appeal process, we also represent students accused of academic dishonesty for cheating or plagiarism.

The attorneys at the Sammis Law Firm take a full-service approach to help you in the criminal case and/or disciplinary hearing.

Call (813) 250-0500 today.

Disciplinary Action after an Arrest

Even a criminal offense that occurs off campus can lead to disciplinary action at USF. If you have questions about the University Student Conduct Process at USF, contact the experienced criminal defense attorneys at Sammis Law Firm to discuss your case.

We can assist you in filing a release form, which enables USF’s Office of Student Rights and Responsibilities to share information about your disciplinary file with our attorneys. The form will also allow your attorney to obtain a copy of the disciplinary record and any evidence that might be presented against you at the formal disciplinary hearing.

We represent students at every stage, including the initial review meeting and during a formal hearing before the University Conduct Board or the Administrative Officer. We also represent students who wish to appeal the decision in writing to the Dean of Students.

In most cases, you and your attorney will meet with the Dean of Students to discuss your appeal. If your appeal is denied, you can file a petition for a Writ of Certiorari to a Circuit Court Judge in Hillsborough County or a higher court. Appeals are usually reserved for due process violations.

What Happens at the Informal Meeting?

Upon receiving the notice of disciplinary action via email, the student is invited to participate in an informational meeting scheduled for a specific date and time on Microsoft Teams Video Conference. The letter indicates the student will receive an additional email with a calendar invite and a link to join the video conference. An informational meeting is an opportunity to explain the Student Conduct Process, your due process rights, the allegations, and charges, as well as review all available information supporting the charges.

The student is allowed to have an Attorney or Advisor present during any meeting or hearing with Student Conduct and Ethical Development. Students must provide the person’s identity and complete this Release of Information form
at least two (2) business days in advance.

The student and their attorney also have the option to attend this meeting in person. If you would like to attend and participate in person, the student must contact USF’s Assistant Dean, Director of Student Conduct and Ethical Development at least one (1) business day in advance of the scheduled meeting. The location of the in-person meeting will be communicated following your outreach.

To reschedule this meeting, the student must contact USF’s Assistant Dean, Director of Student Conduct and Ethical Development via email no later than one (1) business day in advance of the scheduled informational meeting.

If the student does not attend or reschedule the informational meeting, they waive their opportunity to participate in the informational meeting, and SCED will proceed with scheduling a Formal Hearing.

Accepting Responsibility for a Student Code Violation

If the student accepts responsibility for an alleged violation of the student code of conduct, USF issues a Disposition Letter. The student must then complete any sanctions required and explained in the Disposition Letter.

The letter contains a description of assignments that must be completed, the names of the individuals you must contact, and the deadlines for completing the sanctions.

Selecting a Formal Hearing

We can help you decide whether you should “accept responsibility” for the alleged violation of the student code of conduct or demand a formal hearing.

At the formal hearing, it will be determined whether the student is “responsible” or “not responsible” for violating the Student Code of Conduct. The USF University Conduct Board or the Administrative Officer makes the determination.

If the student is found to be “responsible” at the formal hearing, sanctions can be imposed. The sanctions imposed might be identical to those in the original Disposition letter. In some cases, the sanctions might be increased or decreased.

The sanctions are determined by the conduct officer based on the following:

• the report of the alleged violation;
• the information presented by the student about what occurred;
• evidence from the reports of witnesses or others involved in the case; and
• whether the student has any prior disciplinary history.

You are entitled to have an attorney present if you choose for the attorney to act as your “advisor.” Your attorney can speak with you, help you prepare a statement, and help you present evidence in your defense.

The attorney is not allowed to speak for the student. Still, the attorney can sit next to the student during the hearing to help the student make a statement, answer questions, present evidence, or prepare questions for the witnesses supporting the complaint.

You can present witnesses who can offer relevant information. Your witnesses can also provide a written statement or be present to testify at the hearing. Your attorney can help you determine which witnesses should appear on your behalf and what questions they can be asked.

What Happens at the Formal Hearing?

At the Formal Hearing, evidence will be presented on whether you violated the USF Student Code of Conduct. The burden of proof is on the complainant to prove the allegations with “substantial evidence.”

The term “substantial evidence” is defined as “whether it is reasonable to conclude from the information submitted that the student did commit the violation(s) for which he or she has been referred.”

The “substantial evidence” standard is lower than the criminal law standard of “proof beyond a reasonable doubt.”

Disciplinary Actions for Off-Campus Conduct

At the University of South Florida, the Office of Student Rights and Responsibilities has jurisdiction over conduct that occurs on the University Campus or at any USF-sponsored event, including sporting events.

The University also has jurisdiction to deal with conduct that adversely impacts the University community. Therefore, the officials at USF can initiate disciplinary charges for conduct off campus when the behavior impacts:

• the good name of the University;
• the integrity of the educational process; or
• the safety and welfare of the University community.

Examples of violations include:

• Physical Violence-1
  • Intentional touching or striking of an individual(s) against their will, or any action causing or
    attempting to cause potential damage, injury, or harm. This includes, but is not limited to,
    punching, slapping, scratching, or striking with one’s body or with any object.
• Intentional and/or unintentional destruction or vandalism of University buildings or property, private property, and/or personal property.
• Unauthorized Access and/or Use-1
  • Unauthorized access or entry to University facilities or any property of any member of the University community without permission.

Steps in the Student Conduct Process

At the University of South Florida in Tampa, the steps in the student conduct process can include:

1. A complaint is filed that alleges a student conduct code violation (in some cases, law enforcement will forward a police report, citation, or notice to appear to the University).
2. Notice of the violation is sent to the student.
3. The student and the student’s attorney will attend the Initial Review meeting.
4. If, after receiving notice that a referral was made, the student fails to respond or appear for a meeting with the Conduct Officer, an “In Absentia Review” will be conducted by the Conduct Officer, who will decide and levy the appropriate sanctions.
5. If you attend the Initial Review, you can accept responsibility or demand a formal hearing.
6. If the student accepts responsibility, then the sanctions will be provided in the Determination Letter.
7. The student must complete the conditions imposed in the disposition letter or face additional sanctions.
8. If the student does not wish to accept responsibility, the student can demand a Formal Hearing before the University Conduct Board of the Administrative Officer.
9. If you fail to complete the sanctions imposed, you will have a hold placed on your records, preventing you from obtaining transcripts, registering, or withdrawing from classes.
10. After any decision, you have the right to appeal to the Dean of Students and thereafter, to a Circuit Court Judge during Writ of Certiorari.

The Student’s Due Process Rights

Any student or student organization that has allegedly violated the Student Code of Conduct has the following rights during the Student Conduct Process:

1. To be accompanied by an advisor of their choice and expense throughout the Student Conduct Process. For cases under the jurisdiction of Policy 0-004, the University will appoint an advisor for the purposes of cross-examination during a Formal Hearing, if one is not chosen.
2. Written notice of the charges and allegations.
3. A fair and impartial student conduct process.
4. The right to the presumption that no violation has occurred. The burden of proof is on the University, and the standard of proof is the preponderance of the evidence.
5. The opportunity to present relevant information.
6. The opportunity to present and question witnesses.
7. To not provide self-incriminating testimony. Invoking the right against self-incrimination will not be considered as a negative factor in the decision of the Hearing Officer or Hearing Body.
8. The opportunity to review all available information supporting the charges of violations of the Code before resolution.
9. To receive written notice of the outcome of the selected resolution option within five (5) days of the Resolution Agreement of Formal Hearing.
10. To submit a written appeal. In addition to the above, a charged student has the following rights in cases of alleged sexual harassment, stalking, and violence.
11. The ability to request alternate arrangements for participation in the Formal Hearing via audio or live-video from another location, and/or to participate in a manner that avoids direct contact with the complainant as long as such participation does not infringe on the charged student’s right to question the complainant during the Formal Hearing or infringe on the implementation of Formal Hearing procedures.
12. To submit a written impact statement in advance of the Formal Hearing.
13. To not have prior sexual history considered, except for the testimony offered by the complainant or charged student about their shared sexual history that the Hearing Officer or Hearing Body deems relevant, when determining if a conduct violation has occurred.

Appealing Decisions of the University Conduct Board or Administrative Officer

Within five days of the decision, you have the right to appeal the decision in writing to the Dean for Students. In most cases, you and your attorney will meet with the Dean for Students to discuss your appeal.

Although the decision of the Dean for Students is the final decision of the University of South Florida, you can appeal that decision through a Writ of Certiorari to a higher court.

What Records Are Created During the Student Conduct Process? 

The disciplinary actions do not appear on academic transcripts. If you are suspended for some time, however, during that period, a notation will appear on the academic transcript noting that the student is suspended due to conduct issues.

The notation on the academic transcript is often removed once the suspension is over. The Office of Student Rights and Responsibilities maintains all campus conduct records under the Family Education Rights and Privacy Act (FERPA). The Office of Student Rights and Responsibilities will not comment on whether a student is involved in the student conduct process.

In some cases, the Student Rights and Responsibilities staff, including the University Conduct Board, will inform the complainant about the outcome of the conduct proceeding when appropriate.

Parental Notification Policy at USF

Although the student will be notified, parents of dependent students under the age of 21 will NOT be notified of the alleged violation of the Student Code of Conduct until after a finding is entered. Many parents are unaware of what happened until they are notified under the USF Parental Notification Policy after sanctions are imposed.

The Parental Notification Police allow the University of South Florida to inform parents or guardians when their dependent student, under the age of 21, has been found in violation of the University’s alcohol and substance abuse policy.

The notification is usually sent by mail. In some emergencies, the parents may be notified by an immediate telephone call from the Office of Student Rights and Responsibilities or the Dean of Students.

Parents can also be notified of other policy violations that may endanger the health, safety, and well-being of a student or other individuals in the USF community. In addition, parental notification may occur in health and safety emergencies regardless of the student’s age or dependent status.

Since the parent will likely be notified later in the process, it is usually in the student’s best interest to tell their parents as soon as possible so that their parents can help them understand the process and determine if they need a criminal defense attorney to represent them.

Double Jeopardy Doesn’t Apply to the Student Conduct Hearing

One of the most frequent questions students ask is whether the disciplinary hearing constitutes double jeopardy if they face criminal charges in court. The Code of Conduct states:

“Students accused of a crime may be prosecuted under the appropriate jurisdiction and also disciplined under the Student Code of Conduct.”

The University may pursue disciplinary action even if criminal justice authorities choose not to prosecute, and it may also act independently of the criminal justice process. Therefore, the concept of double jeopardy does not apply to allegations in the criminal courts and the college’s disciplinary hearing.

Additional Resources

USF’s Student Code of Conduct – Find out more about a student’s rights as explained in the USF Student Code of Conduct and on the USF website under the link for “Rights and Responsibilities.” The USF Student Code of Conduct applies to any student, registered organization, or the person who has applied for admission, housing, or any other service provided by the University which requires student status will be subject to the Student Code of Conduct for any action found in violation of the Code which occurs on University property, at University-sponsored events, or off-campus if the action adversely affects the University community and/or the pursuit of the University’s mission.

Finding a Lawyer for College Students at the University of South Florida

The attorneys at the Sammis Law Firm are experienced in representing students at USF after a criminal accusation or violating the student code of conduct.

We are experienced in representing students after both misdemeanor and felony accusations. We also represent students during the academic integrity appeal process.

Don’t make a statement to the police or take responsibility for the violation until you have spoken to an attorney. We have been through this many times, and we can help you at every stage of the process.

We have represented clients in a wide range of student code violations, including violations for 4.17 for Misuse of Alcohol, to more serious charges of sexual battery on campus, and everything in between.

If you received a Notification of Initial Review Letter for Code of Conduct Violations, contact us to discuss the case as soon as possible. Contact our criminal defense attorneys for USF students today.

Call (813) 250-0500

This article was last updated on Wednesday, August 6, 2025.