1998 Florida Code
TITLE XVI EDUCATION
Chapter 240 Postsecondary Education  
PART V SPECIFIC PROGRAMS AND INSTITUTIONS (ss. 240.501-240.706)
240.5341   Hearing prerequisite to finding of violation; hearing procedures.

240.5341  Hearing prerequisite to finding of violation; hearing procedures.--

(1)  No penalty may be imposed by a collegiate athletic association on any institution of higher education operating in the State of Florida, nor shall any collegiate athletic association require or cause any institution of higher education to impose a penalty on any student or employee, unless the findings upon which the penalties are based are made at a formal hearing in conformity with the rules in this section. Any association may adopt rules prescribing the procedures for such a hearing, including the method of selecting a presiding officer, provided that such rules are not inconsistent with the provisions of this act.

(2)  Any finding shall be made in writing and supported by clear and convincing evidence.

(3)  Any individual employee or student who is charged with misconduct shall be notified, in writing, at least 2 months prior to the hearing of the specific charges against that individual, that a hearing will be held at a specific date and time to determine the truth of the charges, and that a finding that the misconduct occurred may result in penalties imposed on the institution or imposed by the institution on the individual. The institution shall also be notified in writing of the hearing on the charges.

(4)  Any such person or institution has a right to have counsel present, to interrogate and cross-examine witnesses, and to present a complete defense.

(5)  The rules of evidence applicable to civil trials in the state shall apply at such hearings.

(6)  Any individual charged with misconduct which might result in a penalty, and the institution with which he or she is associated, shall be entitled to full disclosure of all relevant facts and matters to the same degree as a defendant in a criminal case and shall have the same right to discovery as applies in criminal and civil cases.

(7)  Any individual or institution may suppress at the hearing any evidence garnered from any interrogation of any party if the evidence was not procured in accordance with the provisions of s. 240.5343 or if the evidence was obtained indirectly because of interrogations not in conformity with the provisions of s. 240.5343.

(8)  Any hearing shall be open to the public unless any party charged with misconduct or the institution involved objects.

(9)  No hearing may be held on any given charge unless commenced within 12 months of the date on which the institution of higher education first receives notice of any kind from the association that it is investigating a possible violation of its rules, or, in a situation in which the institution itself brings the possibility of a violation to the attention of the association, unless commenced within 18 months of the date such notice is provided to the association. The running of the 12-month or 18-month period shall be tolled because of any delay occasioned by the institution or individual being investigated, whether or not for good cause. Any individual charged with a violation or the institution with which he or she is affiliated may petition the circuit court for a determination of whether the provisions of this subsection have been violated prior to proceeding with the hearing. The filing of any such petition tolls the running of the 12-month or 18-month period.

(10)  The association conducting the hearing shall cause a complete transcript of any hearing to be made at its expense by a certified state court reporter. If an individual charged with a violation or the institution with which he or she is associated so requests, a copy of the transcript shall be provided to the requesting party within 21 days of the request and the cost of providing the transcript shall be assumed by the association.

(11)  Any findings made pursuant to the hearing under this section are subject to review in the circuit court.

History.--s. 4, ch. 91-260; s. 77, ch. 95-148.