Due Process - Standard of Proof (Policy 1.220)
||Florida Statute 1001.64; 120.569, .57, .68
||5/02; Rev. 12/04
- It is the policy of the Board of Trustees that due process shall be afforded to all persons in the conduct of the affairs of the College.
- Substantive due process refers to protection from arbitrary and unreasonable actions in the resolution of disputes or imposition of sanctions.
- Procedural due process refers to the receipt of adequate notice, timely meeting of deadlines and deliberative actions in accordance with established policies and procedures. In general, procedural due process will be deemed to have been afforded when the preponderance of the evidence shows reasonable care in following established procedures.
- Due process shall be afforded to any person entitled to an administrative hearing as the result of a College decision or action by giving adequate timely notice of the decision or action, and by an opportunity to respond to that decision or action and present evidence before an impartial hearing examiner or body.
- Administrative rulings must be supported by substantial competent evidence.
- The President or designee is authorized to establish procedures to ensure that due process is afforded to the parties to all administrative hearings.