New College recognizes that members of our community have concerns about returning to campus and about residing in the dorms. In response to the guidelines set forth by the CDC, new guidelines have been developed in an attempt to address social distancing and residing on campus. While no institution can create a community that is 100% safe we believe these guidelines will assist us in responding to some of the issues associated with COVID-19 on our campus. This is a fluid process and will be adjusted as new issues and concerns develop and we welcome input from our community.
Students found in violation of these polices may forfeit their residential contract and any refund options. Visitors/guests may be trespassed from the New College of Florida campus if found in private residential suites/bedrooms. The only exception will be during those times when a student is moving into, or out of, the residential community.
Due to Covid-19, there will be no guests or visitors allowed in the residence halls for the fall term. The department will assess this decision throughout the semester and provide ongoing, timely updates. Housing & Residential Life defines guests or visitors as individuals who are not assigned a room within the building. Residents who are assigned to the building will be permitted to visit other residents who are in the same assigned building.
We expect residents to adhere to no more than one guest per resident of an apartment or traditional style room at any given time.
There will be no overnight guests, or visitors allowed in suites or bedrooms. Only the registered occupants of the suite/bedrooms are permitted to be in these spaces.
Visitors are restricted to open common spaces and must follow the face cover policy.
Students will only have access to their particular building. Card access for the letter dorms will be deactivated. Only those students residing in these buildings will have access to their communities.
New College of Florida plans to enforce the face covering policy in accordance with our Code of Conduct and Institutional objective to ensure the health and well-being of all our community members.
Internal Protocol for Violations of Institutional Policies Regard Facial Coverings:
Sanctions may include a 1000 word research paper on the contagiousness of COVID-19, COVID-19 related deaths, and what the student will do moving forward to keep our community safe. Either a probation or a behavioral agreement indicating that the alleged violator understands the violation and will honor the facial covering policy as outlined by the Institution. Behavior agreement will indicate that any subsequent violations could result in a separation from the either housing and/or separation from the College. Students who are removed from housing forfeit their refunds for housing and dining services.
In response to the COVID-19 update on policies and procedures it is our hope to have a positive dialogue when working with our residential students. Our goal is to ensure a healthy environment whenever possible. As a result when reports are submitted, or we wish to discuss a situation regarding policies and procedures we will follow this philosophy for communication: Engage Educate Adjudicate
Respecting community standards is a crucial expectation for any student choosing to enroll at New College. The purpose of this Regulation, the Student Code of Conduct, Regulation 6-3005, is to convey these community standards and expectations, and to provide well defined procedures for dealing with violations of them.
New College seeks to promote a stimulating and demanding educational environment in which a diverse student body with wide-ranging individual interests, values and abilities can live, interact, learn and grow based on the following principles: mutual understanding, trust, respect and concern for the well-being and dignity of self and others; responsible exercise of personal and academic freedom; and individual accountability for words and actions. To this end, the College expects students to:
For the purposes of the Student Code of Conduct, the following terms shall be defined as indicated:
All other terms used in this Code shall be given their ordinary meaning.
d) The burden of proof in a disciplinary proceeding is not on the accused. The student has the right to a presumption of not responsible until a burden of proof has been supplied by the institution.
Any of the following actions, or the aiding, abetting, or inciting of any of the following actions, constitutes an offense for which a student will be subject to the student disciplinary process:
a) Misuse of Keys – Unauthorized possession or use of any key or key type device to any College facility or property.
b) Misuse of Identification – The use of falsified identification documents or of another’s identification card/document, including the use of another’s computer account/password.
c) False Information – Knowingly making a false oral or written statement to any College board, committee, office, or member of the College community.
d) Misuse of Materials – Unauthorized reading, removing, duplicating, photographing, and/or forging, counterfeiting, altering or misusing of any College material, file, document or record, computer records, software, data files and similar entities owned or maintained by any member of the College community.
e) Failure to Respond to Notice – Failure to make a timely response to any official request from a member of the faculty, administration, or staff. The College requires that each student maintain a current address on file with the College. Official College correspondence mailed to that address is deemed sufficient as notice to the student. It is a student’s responsibility to notify the College immediately of any change of address.
f) Failure to Respond to Instructions – Failure to comply with authorized oral instructions from or agreements with College officials, including student employees, acting in accordance with their assigned duties.
g) Misuse of Property – Destruction, damage, misuse, or defacing of, or unauthorized entry into College buildings or property, private property and personal property, on the campus of the College, including but not limited to access to the College pool, access to files, documents, records, research apparatus, or library materials, including computer systems, networks, and peripherals, owned or maintained by members of the faculty, administration, staff, or student body. It also includes intentional misuse of any College fire alarm or safety equipment.
h) Aiding and Abetting – Any student who knowingly acts in concert to violate a Student Code of Conduct policy, who knowingly acts to conceal, or who knowingly obstructs an investigation will be subject to the student disciplinary process.
i) Theft – The unauthorized taking, misappropriation or possession of any real, personal, or intellectual property owned or maintained by the College or any person on campus.
j) Gambling – Conducting or organizing any form of gambling which harms or exploits any member of the College community.
k) Hazing – Hazing means any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into an affiliation with an organization. Such actions shall include, but not be limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or any other forced physical activity which could adversely affect the physical health or safety of the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual.
l) Weapons, Firearms, or Explosive Devices – The unauthorized possession, use or sale of any weapon, firearm, or any incendiary, explosive or destructive device, including fireworks.
m) Bomb Threat – Reporting false presence of an explosive or incendiary device.
n) Illegal Use or Possession of Drugs – Illegal possession, use, sale or attempt to obtain any drug. The term “drugs” includes any narcotic drug, central nervous system stimulant, hallucinogenic drug, barbiturate, or any other substance treated as such and defined by the law as a drug or controlled substance. See New College Regulation 6-3004 for specifics regarding level of offenses and sanctions.
o) Privacy – Failure to respect the right to privacy of any member of the College community, including accessing another’s computer files and/or email, prying observation, or voyeurism.
p) Illegal Downloading of File Sharing Material.
q) Inappropriate Expression – The College recognizes that students must be free to utilize their constitutional rights to freedom of speech and freedom to assemble. While students are encouraged to express those rights, any demonstrations or protests must be non-violent in nature, and must be conducted without endangering their own health and safety, or the health and safety of other students, faculty, staff, or visitors. Students shall not knowingly damage any College or personal property. No student or group of students shall obstruct the free movement of other persons, including police and other emergency service personnel about the campus, interfere with the use of College facilities, or prevent the normal operation of the College, both inside and outside the classroom setting.
r) Bullying, Harassment or Retaliation – Conduct which creates an intimidating, hostile, offensive working or educational environment, or harassment of a Complainant or other person alleging misconduct, including, but not limited to intimidation and threats, as well as shaming and bullying on electronic forums and social media.
s) Stalking – To repeatedly follow or encounter another person so as to harass that person. Stalking is also a violation of Title IX. See New College of Florida Regulation 3-4018 regarding Sexual Discrimination/Harassment for specifics about procedures for investigation, adjudication, remedial measure and related matters.
t) Sexual Misconduct, Including Sexual Harassment and Public Indecency and Voyeurism – Sexual harassment is conduct of a sexual nature or with sexual implications, which interferes with a person’s status or performance by creating an intimidating, hostile or offensive educational or working environment. This conduct may include, but is not limited to, the following: inappropriate and unwanted touching; the display of sexually explicit or suggestive materials; use of sexually explicit or suggestive language or gestures; and subtle pressure for sexual activity, as well as demands for sexual favors or physical assault. Public indecency refers to open and notorious actions which are offensive to common propriety, e.g., public sexual intercourse. Sexual misconduct is also a violation of Title IX. See New College of Florida Regulation 3-4018 regarding Sexual Discrimination/Harassment for specifics about procedures for investigation, adjudication, remedial measure and related matters.
u) Domestic/Relationship Violence – Assault or battery to a person who is a relative, spouse, boyfriend, or girlfriend of the student. This can occur without regard to the gender of the victim or the student in question.
v) Disruptive Conduct – Actions that impair, interfere with or obstruct the orderly conduct, processes and functions of the College. Disruptive conduct shall include, but not be limited to the following: Interference with freedom of movement of any member or guest of the College; Impeding or interference with the rights of others to enter, use or leave any College facility, service or scheduled activity, or to carry out their normal functions or duties; Interference with academic freedom and freedom of speech of any member or guest at the College; or Threats of Violence – An intentional threat by word or act to do violence to another person, and doing some act which creates a well-founded fear that such violence is imminent. Breach of Peace, such as causing a disturbance or being unruly.
w) Violent Misconduct – When one person actually and intentionally touches or strikes another person against his/her will, or intentionally causes bodily harm.
x) Sexual Battery/Rape – According to Section 794.011(1)(h), Florida Statutes, sexual battery is the “Oral, anal or vaginal penetration by union with a sexual organ of another or anal/vaginal penetration by another object.” The act is performed against the victim’s will or without her/his consent. An individual who is mentally incapacitated, asleep or physically helpless or unconscious due to alcohol or other drug consumption is considered unable to give consent. The same definition applies regardless of whether the assailant is a stranger or an acquaintance or a group of individuals. The type of force employed may involve physical violence, coercion or threat of harm to the victim. Date or acquaintance rape is the sexual battery of an individual by someone the victim knows. Group or gang rape is the sexual battery of an individual by multiple perpetrators. Sexual battery/rape is also a violation of Title IX. See New College of Florida Regulation 3-4018 regarding Sexual Discrimination/Harassment for specifics about procedures for investigation, adjudication, remedial measure and related matters.
y) Underage Zero Tolerance – As referenced in Section 322.2616, Florida Statutes, the State of Florida prohibits persons under the age of 21 from having a breath-alcohol level of 0.02 percent or higher and to drive or be in actual physical control of a motor vehicle. Such violations shall result in the State suspending one’s license and referral to the student disciplinary process. See New College Regulation 6-3004 for specifics regarding level of offenses and sanctions.
z) Disorderly Intoxication – No student shall be publicly intoxicated to the point of being unruly, causing a disturbance, or endangering the safety of himself/herself or another person or property. See New College Regulation 6-3004 for specifics regarding level of offenses and sanctions.
aa) Violation of New College of Florida Alcohol and Other Drug Regulation 6-3004.
bb) Inappropriate Conduct at College-sponsored Events – Students are expected to govern their behavior at College-sponsored events and conduct themselves within the guidelines of the Student Code of Conduct.
cc) Violation of Residence Hall Policies as set out in student housing contracts.
dd) Bikes/Skateboards/Rollerblading – Riding a bicycle, skateboard, or rollerblades within an area on campus where there are signs posted that such actions are strictly prohibited is cause for referral to Office of Student Affairs.
ee) Violation of New College of Florida traffic rules and regulations.
ff) Violation of any federal, state, or local law, ordinance, rule or regulation, including but not limited to the rules, regulations, and written policies of the Florida Board of Governors and New College of Florida.
gg) Violation of probation – Failure to abide by conditions of probation.
hh) Obstruction of Student Judicial Process – Acts that disrupt the College judicial process, including attempting to coerce or influence a person in order to discourage their participation in any judicial proceeding. Such acts shall include, but may not be limited to:
ii) In compliance with the College’s Solicitation Policy, New College of Florida prohibits solicitation, sales, or door-to-door canvassing by students or non-students on college property except with permission of the Dean for Student Affairs or designee. No concession for profit or other commercial business will be operated on college property without the written permission from the Vice President for Finance. For more information on this policy contact the Student Activities and Campus Engagement Office.
jj) Students are not permitted to keep any pets except as provided in this section. Students may keep small fish in individual rooms, provided the equipment is properly maintained. Each resident is limited to one twenty gallon fish tank. No other pets are allowed in any part of the residence hall unless outlined by a recommendation from the Student Disability Services. Violations of this rule will result in removal of the pet and a $100.00 fee (per day), plus any cleaning and fumigation charges, and may result in cancellation of the Contract. Students found with unregistered pets may forfeit their right to apply for emotional support animals for one year. Students may NOT allow a guest’s pet into the residence halls. Students will be charged a $100.00 fee (per day) for such violations. Pets left alone for 24 hours may be turned over to the appropriate authorities off campus. Students may not field dress any animals on campus.
[See section (7) of this document for Academic Dishonesty Process and Procedures.]
f). Sanctions. Sanctions shall be commensurate with the offense with consideration given to any aggravating or mitigating circumstances. The Board may take into consideration past sanctions for similar infractions. When imposing sanctions, the Board can review the Responden’s/Responding Party’s past disciplinary file and take into consideration past relevant sanctions. The student’s past disciplinary file should not be consulted until the Board has determined whether the Respondent/Responding Party is “responsible” or “not responsible.” Past behavior must be as documented in the student’s discipline file. Any of the following sanctions, or combination of sanctions, can be imposed on a student, group of students, or student organization. Students who are found “not responsible” are not subject to further sanctions.
Title IX Sexual Harassment Matters: With respect to such matters, each university’s disciplinary process must include the following:
(a) In a disciplinary hearing, at the university’s discretion, the decision-maker(s) shall be either a university official or designee; a committee or panel comprised of only university officials or designees; or a committee or panel where students comprise at least one-half of the membership of such committee or panel.
(b) All procedures for disciplinary proceedings shall apply equally to the complainant and respondent and must include a live hearing for purposes of determining whether the respondent is responsible or not responsible for the alleged conduct. Each party may be accompanied by an advisor of their choosing at the live hearing; but must be represented by an advisor for purposes of cross-examination of the other party and witness(es). If a party does not have an advisor of their choosing present at the hearing, the university shall provide an advisor of the university’s choosing to conduct cross- examination on the party’s behalf. All cross-examination of the parties and witnesses must be conducted directly and orally by a party’s advisor. At the hearing, before a party or witness can respond to a question posed by an advisor, the decision- maker(s) must first determine whether the question is relevant, and if not, explain the basis for disallowing the question.
(c) Each party shall have the ability to present relevant information and witnesses in the disciplinary proceeding, the right to avoid 6 self-incrimination, notification of the final result of the disciplinary proceeding and any subsequent changes to the final result, and the right to appeal the decision.
(d) All information must be objectively evaluated and the decision- maker(s) must avoid credibility determinations based on a person’s status as a complainant, respondent, or witness.
(e) Information protected under a privilege recognized by state or federal law cannot be disclosed, used, or relied upon unless the person who holds the right to exercise the privilege waives the application of the privilege.
(f) Upon request by the parties or other participants, the university may permit an individual to provide relevant information during the disciplinary proceeding in a manner that avoids direct contact with the parties or the other participants. Any hearing that is conducted virtually through technology shall enable the parties to see and hear the party or witness answering questions.
(g) The university shall provide the parties at least ten (10) days to review evidence collected during the investigation as set forth in 34 CFR s. 106.45(b)(5)(vi).
Provisions of this Code shall be construed in order to enhance the mission of the College.
Specific Authority: Article IX, Section 7 (b) and (c), Constitution of the State of Florida; Regulation Development Process established by the Florida Board of Governors; Resolutions of the Florida Board of Governors adopted January 7, 2003, and July 21, 2005; Sections 1001.74(4), (10)(e), 1006.60, Florida Statutes.
History: Originally adopted 1-28-04 as Rule 6C11-6.001, Florida Administrative Code, Revised November 15, 2007. Revised 7-30-0; 5-15-10; 11-4-11. Revised and renumbered 3-7-201. Revised 6-11-16.
New College of Florida’s Alcohol and Other Drugs (AOD) Regulation is intended to clearly define the expectations of both the College and its students with respect to alcohol and other drugs. This Regulation clarifies the consequences of failing to abide by these expectations and identifies the resources available within the New College community to assist in dealing with alcohol and other drugs. Students are responsible for being informed of this AOD Regulation as well as the federal, state, and local laws that govern the College. This Regulation seeks to promote the well-being, accountability and growth of each individual within the New College community.
The College expressly prohibits the following:
(a) The consumption of alcohol by persons less than 21 years of age on any property owned and operated by the College.
(b) The provision of alcohol by an individual to any person less than 21 years of age on any property owned and operated by the College.
(c) Abusive coercion, whereby an individual applies unwanted social pressure in an attempt to induce another to consume alcohol.
(d) Disorderly conduct involving intoxication (see Student Code of Conduct Regulation 6-3005).
(e) Hazardous intoxication, whereby an intoxicated individual poses a threat to the health or safety of themselves (However, see Medical Amnesty 6-3004.4).
(f) Hazardous intoxication, whereby an intoxicated individual poses a threat to the health or safety of others within the College community.
(g) The consumption of alcohol by persons over the age of 21 anywhere on campus other than in designated areas. Designated areas are:
(2) Other Drugs
The College expressly prohibits the following:
(a) The use, production, possession or provision of a controlled substance by anyone on any College property. Note, this includes intentional misuse of prescription drugs.
(b) Abusive coercion, whereby an individual applies unwanted social pressure in an attempt to induce another to produce, possess, provide or use a controlled substance, including prescription drug(s).
(1) Guests: Students are responsible for the conduct of their guests. If a student’s guest violates this Regulation then the student shall be held to have violated this Regulation. However, the Dean of Student Affairs and/or Community Board shall have discretion in determining the appropriate response or sanction if the student was unaware of or unable to prevent the violating conduct of said student’s guest.
During the course of any pandemic situation, and in light of the issues specifically surrounding COVID-19, residential communities will be restricted from having unauthorized visitors/guests in their living area (suites and bedrooms). Only those residents who are officially registered as being assigned to a particular suite/bedroom are permitted in private residential areas. Guests may gather, following all social distancing policies/procedures, in any designated common area. Students found in violation of this mandate may forfeit their housing contract and forfeit and refund options. Visitors/Guests who violate this policy may be trespassed from the New College of Florida campus.
Any student or students who would ordinarily have been found to be in violation of this AOD Regulation but were not charged by claiming the Medical Amnesty clause may be subject to additional non punitive measures administered by the Dean of Student Affairs or designee in accordance with the severity of the situation, depending on a variety of factors. Such factors include but are not limited to the specific substance(s) in question, use/misuse of the substance(s) that resulted in medical attention being necessary, and likelihood of further medical intervention in the future as related to the substance(s) or incident in question.
(a) Alleged violations of this Regulation will be referred to the Division of Student Affairs, which will handle the matter in accordance with established procedures. The Dean of Student Affairs or designee will meet with the student and propose requirements that the student must satisfy or, if applicable, a sanction. If the student rejects the proposal, the student’s case will go before the Community Board.
(b) Students alleged to have violated this Regulation will, when appropriate, be encouraged to meet with professionals in the Counseling and Wellness Center.
(c) Major and Minor Violations
(a) In the event a student admits or is found responsible for a violation of this Regulation, the following levels of response shall be applied:
(b) Educational or disciplinary action by NCF does not preclude the possibility of criminal charges against the individual. Similarly, the filing of criminal charges does not preclude action by NCF. These are independent systems and both may be applied.
(a) Officers of the New College Police Department maintain professional discretion in the performance of their official duties. This Regulation in no way limits that discretion.
(a) The College is committed to the safety and well-being of both its students and the campus community. Educational programming shall be regularly provided by the College regarding prevention and treatment resources and students are strongly encouraged to visit the Counseling and Wellness Center for assistance with substance-related problems.
(a) The Division of Student Affairs shall provide every student with a digital copy of this Regulation at the beginning of each academic year. Additionally, a digital copy of this Regulation shall be placed on the appropriate section of the College’s website. A physical copy of this Regulation is to be on file in the Office of the Dean of Student Affairs, available to students upon request.
(b) A physical copy of this Regulation shall be included in the New Student Orientation and Transfer Student Orientation materials for new students.
(c) The Division of Student Affairs shall provide a digital copy of this Regulation to every student upon formal adoption of changes by the Board of Trustees.
(d) The Division of Student Affairs, in conjunction with the student body, shall conduct a biennial review of this Regulation.
(e) Students may propose any formal changes to this Regulation at any time.
History: Adopted as new Regulation 6-18-11. Revised 5-31-14. Renumbered 3-7-15. Revised 6-11-16.