University Policies Green Pages Student Handbook

Academic Integrity and Misconduct

Learn more about these policies on the Academic Integrity page.

Addresses

All students, whether living on campus or off campus, must ensure their correct local and permanent addresses are on file in the Registrar’s Office. Changes of address must be reported to the Registrar immediately.

Assembly and Demonstration Policy (or Freedom of Expression Policy) 

Jacksonville University (JU) is committed to ensuring that students, student organizations, faculty, and staff can examine and discuss all questions of interest and express their opinions publicly and privately. They are free to support causes by orderly means that do not disrupt the regular and essential operations of the University. It must be clear that these individuals and groups speak only for themselves, not for Jacksonville University as an institution, in their public expressions or demonstrations.

Rules and Guidelines

Assembly and demonstration are recognized as necessary and acceptable forms of expression within the JU community. However, these activities become unacceptable when they obstruct the basic exchange of ideas or disrupt or interfere with the normal functions of the University. The following general conditions govern the conduct of all assemblies and demonstrations on University property or sponsored events:

  • Access to an event or facility may not be blocked.
  • Events and regular or essential operations of the University may not be disrupted.
  • The safety of those attending the event and other members of the community must not be compromised.
  • Only current JU students, staff and faculty are permitted to participate in the assemblies or demonstrations.
  • Assemblies and demonstrations are allowed between 7:00 AM and 11:00 PM, Monday through Sunday.

Prohibited Actions

Jacksonville University prohibits disruptive behavior at events, assemblies, demonstrations, or rallies. The following actions are not permitted:

  • Obstructing the view of others with signs.
  • Displaying signs or other materials that include obscenities, fighting words, incitement to imminent lawless action, true threats, or defamation.
  • Using bullhorns, shouting, or playing loud music/noises that disrupt operations.
  • Blocking, obstructing, or impeding the passage of a person or vehicle.
  • Sitting in or otherwise occupying spaces that block access or interfere with operations.
  • Setting up tents, temporary structures, or overnight encampments on JU property.
  • Unauthorized entry or use of University spaces and refusal to leave when asked.

Violations of these policies may result in a conduct hearing, and disruption may also result in arrest and criminal charges such as disorderly conduct or trespass.

Any individual or group who disrupts an event and is unwilling to respect University policy or comply with the requests of University officials will be asked to leave University property. Failure to comply may result in arrest for unlawful trespass and any other criminal violations that may have occurred.

Demonstration Procedures

1. Advance Notice:

Registration request forms must be submitted to the Dean of Students Office at least five business days in advance of the activity. The Office of Student Affairs will schedule a meeting to discuss the activity, help coordinate logistics, and ensure compliance with university policies. This notice helps avoid simultaneous or competing assemblies/demonstrations and allows for adequate staffing. 

2. Meeting Requirement:
Students interested in organizing protests or demonstrations must meet with the Office of Student Affairs and Campus Safety and Security to discuss policy, demonstration-specific regulations, safety, and steps for approval.

3. Counter Demonstrations:
Every effort will be made to accommodate counter-demonstrations, within reason and proper consultation with University officials. 

4. Designated Locations:
Demonstrations must remain in designated locations and not disrupt the functions of the University. These functions include, but are not limited to, the ability for others to enjoy facilities, attend events or classes, and ensure safety protocols, access, and egress to spaces.

5. Safety and Security:
University administrators and safety/security personnel may be present at an assembly or demonstration to ensure that the event proceeds in accordance with the University's policy on free expression. Safety is of utmost importance, and policies may be enacted to ensure the safety of all participants.

Complaint and Grievance Procedures

Jacksonville University (JU) encourages resolution of formal complaints in an atmosphere of mutual respect.  Any form of retaliation for bringing forward a formal complaint will not be tolerated. The formal complaint process applies to all students and should be followed in all cases when informal resolution is not sufficient to resolve the issue.

Though anonymous formal complaints are permitted, doing so may limit the University’s ability to investigate and respond. Information concerning the nature, scope, evaluation and resolution of formal complaints shall be confidential to the greatest extent possible and will be shared only with those persons who need to know.

A formal complaint is a request for the resolution of a problem, conflict, concern or issue that negatively impacts a student(s).  Student formal complaints may include (but are not limited to) issues regarding policies, procedures, services and offices.  Formal complaints must be filed using JU’s online formal complaint/grievance form.

Formal complaints that involve gender discrimination and/or sexual misconduct are addressed under Title IX and are handled separately from the processes described below.  To report a Title IX related incident, please contact JU’s Title IX Coordinator, Dr. Kristie Gover at 904-256-7067 or Campus Security at 904-256-7585. You may contact the Student Counseling Center for a confidential reporting option at 904-256-7180.  Learn more about Title IX.

Formal complaints alleging that the university has failed to meet the requirements of the Safety in Private Spaces Act should be directed to the Attorney General. 

Formal complaints involving academic matters should be addressed according to the processes and guidelines outlined in the University’s Academic Catalog.  Concerns that are not addressed in the University’s Academic Catalog should be directed to the appropriate Academic Dean or Provost.

Filing a Formal Complaint or Grievance: Not Related to Academics

A. Informal Resolution

Students are strongly encouraged to resolve any concern by talking with the staff    member/administrator and/or departmental supervisor, if necessary. Prompt reporting of all formal complaints is critical and necessary as it is often difficult to trace the facts of an incident or incidents long after they have occurred.  Students are advised that a formal complaint will be most effectively addressed if the formal complaint is brought forward within thirty (30) University business days of the alleged incident.  Students must complete each step in the process before proceeding to the next one.

B. Filing a Formal Complaint/Grievance

A formal complaint/grievance is a request for assistance with a problem, conflict, concern, or issue that negatively impacts students that could not be addressed by informal resolution with the staff member/administrator and/or departmental supervisor.

Formal complaints must be filed using JU’s online formal complaint/grievance form, or on MyJU under “Forms.” When using the online form, a student may choose to remain anonymous. Though anonymous formal complaints are permitted, doing so may limit the University’s ability to investigate and respond.

Formal complaints will be forwarded to the appropriate administrator responsible for the individual, process or department involved. Documentation of the formal complaint should include:

  1. A detailed description of the issue and negative impact
  2. The date, time, involved persons, and place of the event(s) pertaining to the formal complaint
  3. The name and contact information for any witnesses with knowledge of the formal complaint or subject of the formal
  4. Specific details regarding the instance(s) of non-compliance with the policy or procedure
  5. A proposed solution or

If the formal complaint is not a violation of policy, law, or standard practice guideline, the Senior Vice President for Student Affairs and Dean of Students (SVP/DOS) or Designee will assist the complainant in resolving the issue with the appropriate University resource, employee or employee group (i.e. Human Resources, supervisor, and campus designated contact person).

If the formal complaint demonstrates a violation, or potential violation of policy or standard practice guidelines, the Senior Vice President for Student Affairs and Dean of Students will begin a formal resolution process.  This process could include an investigation and/or coordination with appropriate University contacts.

C. Appeal/Due Process

The student may appeal the resolution within three (e) University business days of the completion of the formal resolution.

The Senior Vice President for Student Affairs and Dean of Students or Designee will hear the appeal. In cases where the SVP/DOS was involved in the initial response or decision, the SVP/DOS will convene the Conduct Review Board, comprised of faculty, staff, and students, to review the appeal. The SVP/DOS or Conduct Review Board will review appeal documentation submitted by the student and the documentation produced by the investigation.  The appealed formal complaint decision will be the final decision rendered.

Please note: Due to Federal regulations the University generally only corresponds with students, not parents or guardians.

Controlled Substances / Alcoholic Beverages Policy

The University’s alcoholic beverage policy is administered by the Senior Vice President for Student Affairs/Dean of Students, and enforced by Campus Security and authorized University personnel. All inquiries regarding the policy should be directed to the Senior Vice President for Student Affairs/Dean of Students or the Director of Campus Security. The University complies with all local, state and federal laws/regulations regarding the possession, consumption, dispensing, and sale of alcoholic beverages.  This University policy will be modified to conform to local, state and federal laws/regulations at such time that such laws/regulations change. 

Additionally, the University has put into place numerous regulations, which promote safe and responsible use of alcoholic beverages on campus. Any campus department or organization that desires to dispense, serve, or sell alcoholic beverages at an on-campus event must make such a request in writing to the Senior Vice President for Student Affairs/Dean of Students, or their designee, within a reasonable timeframe.

The Senior Vice President for Student Affairs/Dean of Students and Director of Campus Security will review such requests, and approve them, deny them, or approve them with certain stipulations. 

Stipulations may include, but are not limited to:

  1. A requirement that the department/organization contact and hire approved security officers for the event
  2. A requirement that all attendees be issued wristbands; etc. 

Student organizations are typically only permitted to have alcohol at an event at which the majority of attendees are of legal age to consume alcoholic beverages.  The department/organization must designate an individual as the primary host for the event, who, in the name of the department/organization, assumes overall responsibility for the event and for ensuring that attendees abide by the applicable laws/regulations and University regulations covering alcoholic beverages, and by all other University policies.

During an event, alcoholic beverages must be contained within the area where the event is taking place. Persons may not enter or leave an event with alcoholic beverages in their possession.  Public intoxication and/or disorderly conduct are prohibited and will subject the offender to immediate removal from University property.

Florida law prohibits the sale of alcoholic beverages by persons who do not have the appropriate license to sell such beverages. Under no circumstances will the sale of alcohol be permitted unless the appropriate license has been obtained.   University policy does not allow the delivery or sale of alcoholic beverages by non-University agents to individuals or groups on University property, unless special permission for the event has been given by the Senior Vice President for Student Affairs/Dean of Students.

The possession and use of alcoholic beverages in the University residential facilities for students is detailed in Residential Life policies.

Drugs – Other

In accordance with the Drug Free Schools and Communities Act, the University has adopted and implemented a program to prevent the unlawful possession, use, and distribution of illicit drugs and alcohol by students and employees on University premises or as a part of any University activity.  It is unlawful to manufacture, distribute, dispense, possess, or use a controlled substance or drug on University property, and violations are punishable by probation, suspension, dismissal, and/or criminal proceedings.

Drug Abuse Policy

In accordance with the Drug Free Schools and Communities Act, students enrolled in Jacksonville University are subject to disciplinary action for the possession, manufacture, use, sale or distribution (by either sale or gift) of:

  1. Any quantity of any prescription drug
  2. Any quantity of controlled substance
  3. For being under the influence of any prescription drug or controlled substance

With the exception of an over-the-counter medication used as intended, or for the prescribed use of medication in accordance with the instructions of a licensed physician. Possession and/or use of medically prescribed marijuana (cannabis), in any form, is prohibited by Federal Law. 

Controlled substances include but are not limited to:

  1. “K2” and other synthetic drug analogs (such as “bath salts” and “flakka”)
  2. Cocaine
  3. Cocaine derivatives
  4. Heroin
  5. Amphetamines
  6. Barbiturates
  7. Steroids
  8. LSD
  9. GHB
  10. Adderall
  11. Rohypnol
  12. Opioids Substances typically known as “designer drugs” such as “ecstasy.”

Possession of paraphernalia associated with the use, possession or manufacture of a prescription drug or controlled substance is also prohibited. Students having prohibited substances in their residence and students in the presence of these substances or paraphernalia may be subject to the same penalties as those in possession.

In addition to sanctions imposed by the University for violating the Alcohol Use Policy and the Drug Abuse Policy, a student may be subject to regulations of civil authorities. Various local, state and federal regulations prohibit the illegal use, possession and distribution of illicit drugs and alcohol. Penalties for violation of such statutes vary depending on the type of drug, the amount of the drug involved, the type of violation, and in the case of alcohol, the age of the person involved.

The University may utilize drug testing as a disciplinary sanction, or as required by an organization of which it is a member or if testing is necessary or required for safety, liability or other reasons.

Smoke Free Campus Policy

Jacksonville University is invested in maintaining a safe and healthy environment for our students, employees, alumni and visitors. Research shows that the smoking of tobacco products constitutes a significant health hazard. The smoking of tobacco products has been specifically identified as a contributing factor in a number of university facility fires across the nation, many of which have resulted in fatalities or major damage.

Jacksonville University is a “smoke-free” campus, and prohibits the use of all lighted tobacco products on all property that is owned, operated, leased, occupied, or controlled by the University. “Property” for purposes of this policy includes:

  1. a) Buildings, structures, enclosed bridges and walkways, university carts and vehicles, personal vehicles in these areas, and any other indoor areas owned or managed by the University.
  2. b) Parking lots, parking garages or structures, grounds, sidewalks, rooftops, plazas, courtyards, entrance/exit ways, University-owned or -leased vehicles, and any other outdoor areas owned or managed by the University.

This policy applies to all Jacksonville University students, employees, consultants, contractors, visitors and external individuals, companies renting University-owned space, and property owned or managed by Jacksonville University.

Enforcement

STUDENTS

Violations of the policy will be addressed in accordance with current University policies and procedures.  Accordingly, students may expect a University response under the student code of conduct. The University encourages students to engage in an approach of collective responsibility to hold each student accountable to smoke free policy expectations. Additionally, traditional reporting resources of Campus Security and Residential Life are available for support and enforcement of the policy.  

EMPLOYEES

Violations of this University policy that involve employees should be reported to the employee’s immediate supervisor or department head to be formally addressed. Reports that are unable to be resolved through intervention at the department level may involve the office of Human Resources. The University also encourages employees to engage in an approach of collective responsibility to hold each employee accountable to smoke free policy expectations.

VISITORS

Visitors and vendors on campus may not be knowledgeable of the policy. The campus community shares the responsibility to respectfully edify them that Jacksonville University is a smoke-free campus. Campus Security is to be notified in situations involving visitors, including vendors, observed to be using smoke or tobacco products, and who fail to comply after being advised of the policy. Further refusal to respect the policy may result in a visitor or vendor being required to leave campus. Additionally, members of the campus community will be held accountable for the behavior and conduct of their guests/visitors while they are on University property. All visitors/guests are expected to adhere to all University policies.

Campus Security retains authority to directly enforce adherence to this policy at all times with any and all campus constituents. However, it remains the University’s expectation for compliance to be assured through the shared responsibility of the Jacksonville University community.

Exceptions

The smoking of tobacco products may be permitted for controlled research with prior approval of the Provost, the Institutional Review Board, and the Senior Vice President for Student Affairs/Dean of Students.

Tobacco use and/or smoking on campus may be permitted for educational or religious ceremonial purposes with prior approval of the Provost and Senior Vice President for Student Affairs/Dean of Students.

Tailgating Policy

Tailgating is defined as “gathering in a designated area prior to designated University events to socialize and prepare and/or consume food and beverages.” The purpose of the policy is to help ensure the health and safety of all event attendees and provide guidelines to help discourage or prevent excessive, unlawful, and underage consumption of alcoholic beverages.

  1. Adhere to all University alcohol policy guidelines.
  2. Groups MUST submit their request to tailgate five (5) business days prior to the event.  
  3. Two vehicles per student organization/tailgate space, in the designated tailgate area.
  4. Each group must be responsible for their location and maintain a clean environment.
  5. Each student 21 years of age and old interested in consuming alcoholic beverages must receive a wristband when they enter the tailgate area.
  6. Drinking contests or games are prohibited on the JU campus, including the tailgate area.
  7. No manufactured beer funnels, kegs, or excessive drinking devices allowed.
  8. Consumption of alcoholic beverages is limited to the designated tailgate area.
  9. The tailgate lot opens 3 hours prior to the start of the event and closes a half hour into the event.
  10. Groups are encouraged to turn their music off or down during the start of any game, national anthem, or pre-game announcements.
  11. Each group is responsible for proper disposal and clean-up of their respective areas.
  12. No glass will be permitted in the tailgating area
  13. The driver of the vehicle in the tailgating location must not be under the influence of drugs and/or alcohol.

A representative from each group must acknowledge and agree to the Tailgating Policy, prior to participating. The tailgating request form is located in ECHO. By signing and submitting this form, you are acknowledging your awareness and willingness to abide by the Tailgating Policy. Permission to tailgate at any event or activity, must be authorized by the Chief Student Affairs Officer/Dean of Students or designee, prior to the event or game in advance.

The University reserves the right to modify the tailgating policy based on the event.

Medical Amnesty/Good Samaritan Policy

The University recognizes that in an alcohol or other drug-related emergency, the potential for disciplinary action by the University may act as a barrier to students seeking medical assistance for themselves, other students or guests; therefore, the University has a Medical Amnesty protocol as part of our comprehensive approach to reducing the harmful consequences caused by the consumption of alcohol or other drugs.

The University’s main concern is the well-being, health, and safety of its students. Medical Amnesty represents the University’s commitment to increasing the likelihood that community members will call for medical assistance when faced with an alcohol or other drug-related emergency. Medical Amnesty also promotes education for individuals who receive emergency medical attention related to their own use of alcohol or other drugs in order to reduce the likelihood of future occurrences.

An individual who calls for emergency assistance on behalf of a person experiencing an alcohol or other drug-related emergency will not face formal disciplinary action by the University for the possession or use of alcohol or other drugs if they agree to participate in, and complete, the recommended educational expectations outlined by a University hearing officer. The recipient of medical attention will also avoid formal disciplinary action by the University for the possession or use of alcohol or other drugs if she/he agrees to participate in, and complete, the recommended educational expectations outlined by a University hearing officer. If an individual is documented or receives emergency medical assistance on more than one occasion due to excessive use of alcohol or other drugs, the situation will be evaluated so as to provide the student with additional resources and/or sanctions as needed or appropriate.

The Medical Amnesty protocol applies to straightforward cases of alcohol or other drug-related emergencies. The Medical Amnesty protocol does not excuse co-occurring student code of conduct infractions or other incidents related or unrelated to the medical emergency.

Signs of Alcohol Poisoning or Overdose

Recognizing the signs of alcohol poisoning or drug overdose is extremely important. It is not necessary that all symptoms are present before you seek help. If you are unsure, it is imperative that you err on the side of caution and get immediate help. Signs of alcohol poisoning or overdose include, but are not limited to:

  1. Vomiting
  2. Confusion/stupor
  3. Seizures
  4. Slow breathing (less than eight breaths a minute)
  5. Irregular breathing
  6. Blue-tinged skin or pale skin
  7. Low body temperature (feels cold or clammy)
  8. Unconscious and unresponsive

*Amphetamine overdose may include, but is not limited to: rapid heartbeat, increased body temperature, and behavior changes such as erratic behavior, hallucinations, or increased aggression.

Never leave an unconscious person alone or assume they will sleep it off. While waiting for help, turn the intoxicated person on their side. Do not try to make them vomit. Persons with alcohol poisoning have an impaired gag reflex and may choke on their vomit or accidently inhale vomit into their lungs. If you have any questions about the Medical Amnesty Policy, please contact the Senior Vice President for Student Affairs Officer/Dean of Students.

Directory Information

Jacksonville University publishes, in various forms, directory information such as a student’s identification photograph, name, address, telephone number, JU email address, date of birth, place of birth, whether enrolled part-time or full-time, class, major, dates of attendance, degrees conferred, awards received, educational institutions attended, participation in officially recognized activities or athletic teams and weights and heights of athletic team members. In addition, grades also are considered “directory information” with regard to determining honor rolls, Dean’s lists, President’s lists, and graduation honors, all of which may be published. Transcripts of students’ academic records or student grade point averages may be released to the faculty advisers of officially recognized campus honor societies upon written request unless the student has filed an objection with the Registrar’s Office. Only faculty members and appropriate administrators have access rights to student records.

Students who do not wish to have such information released must notify the Registrar’s Office during the first two weeks of the academic year. The Registrar’s Office provides a form for the convenience of students who do not wish to have information released.

JU’s policy permits the release of information from a student’s educational record without written consent to University faculty, staff, and administration who are responsible for working with such records in registration, counseling, teaching, financial aid, tuition and fee payment, internship and other activity directly related to their official responsibilities on a “need to know” basis.

As of January 3, 2012, the U.S. Department of Education's FERPA regulations expanded the circumstances under which education records and personally identifiable information (PII) contained in such records — including Social Security Number, grades, or other private information — may be accessed without consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities ("Federal and State Authorities") may allow access to records and PII without consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is "principally engaged in the provision of education," such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to education records and PII without consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.

Disability Related Information

Jacksonville University provides reasonable accommodations to students with disabilities who need such assistance under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

Disability categories can include, but are not limited to:

  1. Medical
  2. Psychological
  3. Visual
  4. Physical
  5. Hard of Hearing
  6. Speech/Language Impairments
  7. Learning Disabilities

The Disability Support Services Office will also provide accommodations for students who are presenting any type of temporary condition that affects or will affect their academic progress.

A student with a visible or non-visible disability who requests “reasonable accommodations” for their condition should provide medical- or any other- documentation of their condition to the Disability Support Services Office. It is preferable and recommended that documentation be provided immediately after acceptance to the University.

Notice of a disability, but not the medical documentation, may be provided by the Disability Support Services Office to any administrator, dean, and/or professor on a need-to-know basis, but only after consultation with the student.

Specialized services are provided through the Disability Support Services Office. Students must request “reasonable accommodations” in a timely manner in order to allow faculty/staff to plan for those accommodations.

Note: Students with disabilities are responsible for adhering to the same academic standards as other students attending class, maintaining appropriate behavior, and providing timely notification of any special needs.

Services provided may include:

  1. Special arrangements when needed (e.g., change of rooms, referrals to tutors, etc.)
  2. Letters of classroom accommodations provided to professors based on the medical documentation
  3. Referral to the Student Counseling Center

Recommendations for “reasonable accommodations” in the classroom may include, but are not limited to:

  1. Priority seating
  2. Change of classroom/location
  3. Ability to record lectures
  4. Extra time for tests/quizzes
  5. Alternative test formats

For more information, please visit our website, dz8h.d809.com/disabilityservices or contact us at (904) 256-7787.

Assistance Animals 

Service Animals- Jacksonville University welcomes service animals that are trained to work or perform a specific task for the individual with a disability. Additional information regarding the rights and responsibilities for students with a service animal, please click on the following link http://dz8h.d809.com/disabilityservices/documentation-guidelines-and-forms.php.  

Although not required, we suggest students that intend to bring their service animal to classes or campus with them to register in advance with the DSS office. Advanced registration allows the office to notify your faculty members to expect a service animal in their classroom/premises and prepare in advance for any needed adjustments.

Emotional Support Animals- Emotional support animals are not permitted in classrooms, unless approved by the DSS office.  Contact us at dss@d809.com for any questions regarding any of these processes. ESA requests for housing must follow the Housing Accommodation process through Residential Life. 

ADA – Student Grievance Procedure

This grievance procedure is established for students who wish to file a complaint alleging discrimination on the basis of disability in the provision of services, activities or programs at Jacksonville University.

The complaint should be in writing and contain information about the alleged discrimination such as names, address, phone number of complainant and location, date and description of the incident/problem. Alternative means of filing a complaint are available on request for students with specific disabilities.

The complaint should be submitted to the Disability Support Services Director or to the Senior Vice President for Student Affairs/ADA Coordinator, as soon as possible and no later than 30 calendar days after the alleged violation.

  1. Within 15 calendar days after the receipt of the complaint, the Disability Support Services Director and/or Senior Vice President for Student Affairs/ADA Coordinator, or designee, will meet with the student to discuss the complaint and possible resolutions.
  2. Within 15 calendar days after the meeting, the Disability Support Services Director and/or Senior Vice President for Student Affairs/ADA Coordinator, will respond in writing and where appropriate in an alternative format, such as Braille. The response will explain the position of Jacksonville University and offer options for resolution where appropriate.
  3. If the response from the Disability Support Services Director and/or Senior Vice President for Student Affairs/ADA Coordinator does not satisfactorily resolve the issue, the student submit an appeal of the decision in writing within 3 business days to the Senior Vice President for Student Affairs. In a case heard by the Senior Vice President/ADA Coordinator, the appeal will be reviewed by the Provost/Senior Vice President of Academic Affairs or a panel or faculty and staff members. 
  4. Within 15 days after receipt of the complaint, the ADA Coordinator will meet with the student to discuss the complaint and possible resolutions. Within 15 days after the meeting, the Senior Vice President will respond in writing and where appropriate in an alternative format, with a final resolution.

The University will retain all written complaints received by Jacksonville University, written responses and appeals for at least three years.

Medical and Compassionate Withdrawal Policy

The University recognizes that severe, unforeseen personal medical or extenuating circumstances may arise, that prohibit a student from continuing and completing their coursework within a given semester.  This may be a result of personal illness or injury; the illness, injury, or death of an immediate family member; required military relocation or job transfer out of the area; or other extenuating circumstances that may warrant a medical or compassionate (hereinafter referred to as “medical”) withdrawal.

Students may be eligible to apply for a partial or for a full medical withdrawal. To be eligible for a partial or full medical withdrawal, the student must submit sufficient documentation to support the withdrawal request. The following information pertains to the documentation required and process to follow when submitting the request.

Partial Medical Withdrawal

A Partial Medical Withdrawal consists of withdrawing from one or multiple courses in which a student is enrolled. This request must be completed and turned-in prior to the week of finals or before final grades are posted, whichever occurs first, to be considered for review. 

Full Medical Withdrawal

A Full Medical Withdrawal consists of withdrawing from all courses in which a student is enrolled. This request must be completed and turned-in prior to the withdrawal deadline of the following term.

Request & Documentation Process

This request must be:

  1. Made within the medical withdrawal deadlines listed above.
  2. Accompanied by specific supporting documentation:  
    - Medical documentation from a licensed health care provider directly caring for the student
    - Medical documentation from a licensed healthcare provider stating you were the primary caregiver of the ill immediate family member
    - A copy of the death certificate if the request is due to circumstances surrounding the death of an immediate family member
    - Military transfer orders or employment verification if the request is related to a relocation
  3. Accompanied by a personal statement specifying how the medical condition directly impacted coursework or the ability to attend class.

Contact Disability Support Services at medwithdrawals@d809.com for additional information.

All medical withdrawal decisions are final.

A medical withdrawal, when granted, impacts a student’s academic registration only. Any appeals regarding tuition and fees paid will be determined by the Office of Student Financial Assistance committee. Please reach out to them directly at tuitionappeals@d809.com to inquire about this process. 

For situations occurring after the medical withdrawal deadline, students may send an appeal to the Senior Vice President for Student Affairs/Dean of Students or their designee for a medical withdrawal from the University.  The student will have to present medical documentation (or other supporting documentation) that supports the extenuating circumstances that would have prevented the student from applying at an earlier date.

For students enrolled in a program with clinical requirements, please be aware that the late request process will include the following steps:

  1. If you had extenuating circumstances that prevented you from applying during this timeline, please make sure you add a statement indicating the situation and/or reasoning.
  2. Your faculty members will receive an email from us requesting input about your progression in the term and/or any additional information they may have.
  3. Your academic program will be notified that you have made this request and we will notify them once a decision is made. It’s important to note that any personal information or documentation you provided for this process will not be shared with them. 
  4. Decisions made by the medical withdrawal committee and your academic program are separate and unrelated processes.  If your medical withdrawal is approved, you will have a “W” listed on your transcript instead of a grade.

If a student is involved in a Code of Conduct violation(s) occurring prior to the submittal of a medial withdrawal request, the sanction(s) assigned for the violation will take precedence over the medical withdrawal process.  

Questions about this policy should be directed to the Student Life Office (Davis Student Commons, third floor, 904-256-7067).

Disruptive Classroom Behavior Policy

Disruptive behavior is prohibited. Disruptive behavior includes but is not limited to conduct that interferes with or obstructs the teaching or learning process. Civil expression of disagreement with the course instructor, during times when the instructor permits discussion, is not itself disruptive behavior and is not prohibited. This policy applies to courses taken with the University in person, online and abroad.

1. Temporary Removal of Student from Class or Other Educational Experience

When an instructor deems a student’s behavior, acting individually or in concert with others, obstructs or disrupts, or attempts to obstruct or disrupt any teaching, or any other activity authorized to be discharged on behalf of the University or held on the University’s premises, the student may be asked to stop the disruptive behavior by an instructor or staff of the University. If the student continues, an instructor/staff member is authorized to tell the student to leave the area or classroom and, if the student will not leave, to call Campus Security. The instructor/staff must immediately call Campus Security (904-256-7585), without prior request to the student, if presented with an unsafe situation, threatening behavior, violence, knowledge of a crime, or in other appropriate circumstances.

2. Withdrawal of Student from Class or Other Educational Experience

When a student disrupts a class or other educational experience, or if the student’s behavior or lack of preparation is detrimental to the educational experience of others, or if the student is compromising the learning environment, the instructor may take action to withdraw the student from the class or educational experience as a result of this significant and/or repeated behavior.

The instructor shall:

  1. Provide the student written notice of intent to withdraw the student from the class or educational experience, with an explanation of the instructor’s reason(s), and provide a copy to the instructor’s department chair (or, when there is no department chair, to the dean of the instructor’s college or school).
  2. The notice should schedule a meeting with the student and the department chair (or, when there is no department chair, with the dean of the instructor’s college or school) to occur within 3 business days of the notice.
  3. The instructor may bar the student from the class or educational experience pending the result of the meeting, and the written notice should advise the student if there is such a bar.
  4. At the meeting, the student may have one advisor. Following the meeting, the instructor shall decide whether to withdraw the student from the class or educational experience.
  5. If the student is not withdrawn, the student will be provided the opportunity to complete all assignments/exams that may have been missed.  
  6. If a student is withdrawn, the student will receive a “W” for the course.
  7. The student may appeal this decision within three business days in writing to the academic dean or designee.
  8. During the student’s appeal, the student remains withdrawn from and is barred from attending the class. The academic dean or their designee’s decision on this appeal is final. If the original decision is overturned during the appeal, the student will be provided the opportunity to complete all assignments/exams that may have been missed.

3. Referral to Student Life

Instructors, faculty members, academic deans, and/or department chairs are also encouraged to report student conduct issues to the Student Life office. This reporting ensures that any other student code of conduct related behavior is appropriately addressed with the student.

Guests on Campus

Jacksonville University allows students the privilege to have guests on campus. It is based upon the precept of mutual respect and balance. All students will be held accountable for the behavior and conduct of their guests while they are on campus. Guests are expecte to adhere to all University policies as well as local, federal and state laws. Students living on campus must also adhere to expectations listed in our Residential Life Policies. 

Harassment or Discrimination

Jacksonville University strives to establish and maintain a work and academic environment in which the dignity and worth of all members of the University community are respected; an environment which is characterized by equal employment, opportunity, academic freedom (freedom of inquiry and expression) and the absence of harassment and intimidation. Recognizing the value of using all available human resources, Jacksonville University affords equal opportunity for students and in employment without regard to race, color, age, veteran status, gender, national origin, religion, marital status, sexual orientation, gender identity or presence of a disability. This non-discrimination policy applies to all aspects of educational and employment decisions, including recruitment, admission, hiring as well as retention, compensation, transfer and opportunities for advancement.

If a student feels that they have been harassed or discriminated against, they should report the situation immediately. Student-to-student harassment should be reported to the Senior Vice President for Student Affairs Officer/Dean of Students. Harassment or discrimination by a University employee or faculty member should be reported to Human Resources. The Student Life Office can serve as an advocate for a student reporting a complaint of harassment or discrimination against a student or employee. 

Identification of Students

The official student identification card of Jacksonville University is the JU Dolphin Card. The card also serves as a multi-function debit card for University-related expenses and as a meal card. Misuse of the JU Dolphin Card is considered a serious offense and will be handled as such. Students are required to carry the JU Dolphin Card and other supporting proof of identity at all times, and to present identification immediately upon the request of a University official, Resident Advisor or a local, county or state law enforcement agent. Students are required to surrender their JU Dolphin Card upon withdrawal from the University.

Immunizations and Medical Information

The University assumes no responsibility for student illnesses or accidents occurring either on campus or off campus. Therefore, the University requires students to obtain and maintain health, major medical, and accident insurance coverage through either a personal or family policy. Please note that in certain instances, HMO coverage may not be sufficient or accepted by local health and medical providers. For students who do not qualify for coverage under a private policy, JU offers coverage through a school-sponsored plan.

JU requires that full-time traditional undergraduate students who do not have hospital/medical insurance coverage participate in this plan. International students are also required to participate in the plan and those attending JU for the first time, pay the first year premium in advance with their tuition and fees. Twelve-month coverage extends from the reporting date August 1st to July 31st.  

Insurance coverage will be billed on a yearly basis through graduation. All eligible students who have other comparable insurance coverage must file a waiver each academic year by the deadline in order to waive participation in the Student Medical Insurance Plan.

For more information regarding student health insurance, please visit Student Health Insurance | Jacksonville University.

Jacksonville University requires that all new accepted students, with the exception of students enrolled in exclusively on-line classes, show proof of vaccination.

For more information regarding immunization requirements, please visit Immunization Requirements | Jacksonville University

Information Technology

Jacksonville University provides students with computer access in classrooms and the Library computer lab. All computers on campus have direct access to the Internet. In addition, all residential facilities have wired and wireless network connections that provide direct internet access for students who bring computers and other internet capable devices with them.

For any network or shared resource to continue to function, all users must show a level of mutual respect. For this reason, JU has an IT Policy for its computing environment. In general, policies are set to maximize the resources available to all users. Security for the systems and network, and the people who use them, is an overriding consideration. It is a violation of Jacksonville University’s IT Policy for computers connected to the JU network to make available for download any copyrighted material. This includes software, eBooks, movie and music files. Users running Torrent type software or creating open file shares to allow others access to copyrighted material, will be in violation of federal copyright laws. JU will cooperate fully with the authorities to stop this exchange and to prosecute those who are doing it.

Common sense and courtesy covers IT Policy for the most part. Use of JU systems is a privilege, not a right. It is each user’s responsibility to know and understand the current IT Policy.  Failure to comply with these policies may result in suspension of certain services, the suspension of your JU account(s) and possible disciplinary action.

A copy of the IT Policies and Procedures can be found on our website http://it.d809.com which also contains a ‘How-To’ section that will help you get the most out of the services we offer. If you can’t find the answer to your IT related question there, contact our Help Desk at 904-256-7200 or helpdesk@d809.com. Also, check out the My JU portal to download a free copy of Microsoft Office Professional Plus for your PC or Mac.

 Use of Image and Likeness Policy

Jacksonville University may take photographs or video at its events and courses held both on- and off-campus – including but not limited to classroom time, University events, and program graduations. We assume your attendance indicates your consent to having your image and/or voice used in future marketing and/or course materials. The materials may include publications, website content, promotional pieces, course handouts, and posts on social media, including but not limited to Facebook, Twitter, Instagram, and YouTube.  You are consenting to a waiver of all rights or privileges to your images and/or likeness Jacksonville University’s usage in marketing, community awareness, and all other publications the staff and instructors believe will benefit the University. These items may or may not have captions identifying you by name.

 

 If you wish to opt-out of the use of your image, voice, and/or name, please visit E-forms in the My JU portal within 7 days of the start of classes of your first semester. Students may change their opt-in /opt-out status throughout their University career by submitting the same form listed. 

Minors on Campus

Jacksonville University is committed to the safety of all individuals in its community. The University has particular concern for those who are potentially vulnerable, including minor children, who require special attention and protection. This Policy establishes guidelines for those in the University community who work or interact with individuals under 18 years of age, with the goal of promoting the safety and wellbeing of minors.

The workplace and the classroom are not appropriate places for non-student, minor children to be present on a frequent or continuing basis.

The exceptional circumstances under which children may be brought into a particular workplace or classroom setting should be established in a discussion between the employee and supervisor or the student and instructor. Requests may not always be granted.

Officially sponsored institutional programmatic activities (e.g., guided tours and camps) for/including non-students and minor children with appropriate adult supervision is permitted.

The parent/guardian agrees to assume responsibility for the child at all times and to ensure that the child’s presence does not disrupt their work or interfere with the workplace or classroom activities. Approved non-student, minor children are expected to adhere to all University Policies.

When the presence of an approved non-student, minor child in the workplace or classroom is disruptive to the work or classroom environment and/or creates an atmosphere that is not conducive to achievement/productivity can be reported through the University Complaint/Grievance Form.

NOTE:  Athletic camps, dance camps, music lessons, laboratories and workshops intended for elementary and high school students and similar activities will fall within the scope of this Policy. The University requires that children in these programs be appropriately supervised by adults with the proper training and credentials, and subject to criminal background check clearances as required by Florida state law and the University. All program adults (paid staff or volunteers) must receive appropriate information in maintaining professional boundaries at all times when working with children in the program This policy applies to such programs and activities whether they are limited to daily activities or also involve the housing of minors in residence halls.

Reporting Requirements

Any University employee who suspects that a Minor who is on University premises for any reason, or is participating in a University sponsored activity at another location, has been the victim of child abuse shall immediately report the suspected abuse consistent with the University's Mandatory Child Abuse Reporting Policy.

  1. Florida Law mandates the reporting of any suspected child abuse, abandonment or neglect. Anyone who has reason to believe that a child has been subjected to abuse, abandonment or neglect must immediately report to the Florida Department of Children and Families by one of the following methods: (1) call the Florida Abuse Hotline at 1-800-962-2873, (2) via fax at 800-914-0004, or (3) online at http://reportabuse.dcf.state.fl.us/. Instructors and other personnel will be required to provide their names to the Department of Children and Families hotline staff. All other reporters may remain anonymous, but a record that a report was made will be maintained by the University. If you see a child in immediate danger, call 911. Colleges and Universities that “knowingly and willfully” fail to report suspected child abuse, abandonment or neglect or prevent another person from doing so now face fines of up to $1 million for each incident, and the penalty has been increased from a misdemeanor to a felony. Individual employees face personal criminal liability as well. A person who is required to report known or suspected child abuse, abandonment or neglect and who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a felony of the third degree. The personal criminal penalties include a fine of up to $5,000 and up to 5 years imprisonment for each incident not reported.
  2. In addition to making the reports required by Florida law, any employee or student of Jacksonville University who has reason to believe that a child has been subjected to abuse, abandonment or neglect on the campus, any properties owned or leased by the University, or during an event/function sponsored by the University must notify Campus Security (904) 256-7585, and the Senior Vice President Student Affairs as soon as possible. Any employee or student who has reason to believe that a child has been subjected to neglect or abuse at any off-campus sites at which students, faculty, or staff participate in university-sponsored activities must immediately notify the director of the off-campus site and the Jacksonville University program director. The Jacksonville University director will notify the Senior Vice President Student Affairs as soon as possible.
  3. “Mandatory Reporters” in Florida are defined as: social workers, teachers and other school personnel, physicians and other health-care workers, mental health professionals, child care providers, medical examiners, coroners, and law enforcement officers.

Non-Discrimination

Jacksonville University values diversity, equity, and inclusion and strives to create a welcoming community where all stakeholders feel valued and a sense of belonging.  We believe in lifelong learning and preparing globally-minded citizens for the real world. We recruit students, faculty, staff, and leaders from all over the globe and we respect differences in ability, age, appearance, athletic and student organization involvement, ethnicity, faith, gender, gender expression, immigration status, language, military/veteran status, nationality, political ideology, race, religion, talent, sex, sexuality, socio-economic status, and other personal identities and experiences.  

Jacksonville University is an equal-opportunity institution and prohibits discrimination. We consider each stakeholder to be a key player in Jacksonville University's civic responsibility and commitment to this work. 

Inquiries or information requests should be directed to the Office of People and Culture (non-students) or to the Office of Student Affairs (students).

Posting Policy

Jacksonville University offers posting areas throughout campus and in most buildings (see below). All members of the community are expected to follow these guidelines.

Prior to posting, all original pieces must be approved by the Center of Student Engagement and Leadership located in the Moran Center (please bring 20 copies, single sided). Flyers must be delivered the Friday prior to when they needed to be posted. Recognized student organizations have priority for posting, followed by University departmental events. Individual faculty, staff, students, and off-campus groups may also post upon approval from the Center of Student Engagement and Leadership.

The Center of Student Engagement is responsible for posting the approved flyers around campus. No flyers, posters or banners should be posted on vehicles, trashcans, sidewalks, lampposts, signs, buildings, vending machines, trees, painted surfaces, glass entry areas and exit doors, windows, etc.

  1. The content of posted items must be consistent with University policy and support the academic mission of the institution.
  2. Posting is limited to one flyer per event per bulletin board (all others will be removed). Do not cover other flyers and keep flyer/poster sizes to a minimum as to share the board space.
  3. All materials posted must clearly display the date, time, and location of the event, as well as contact information and the University approved ADA accommodation clause.
  4. The use of sidewalk chalk is prohibited unless prior permission has been given from the Center of Student Engagement.

All violations of this policy by students and/or student organizations will be referred to Student Engagement and/or the Division of Student Affairs for disciplinary action. All departmental violations will be handled through the University administration.

For more information and policies about Student Organizations, please refer to the Student Organization Handbook or contact Student Engagement.

Sales and Solicitations

University policy prohibits individuals or organizations from soliciting contributions from the general public for University-related purposes without prior written approval from the Student Life Office. This means that external vendors and/or solicitors are not permitted to sell, advertise, or operate business functions on University Property unless contracted by the University. University mailing lists, e.g., Board of Trustees, University Council, faculty, alumni, students or parents, may not be used to promote the sale of tickets, advertisements or merchandise of any kind without prior written approval from the Senior Vice President Student Affairs Officer/Dean of Students.

Student Enterprise/Student-Run Businesses

Student entrepreneurial initiatives must not jeopardize the College's tax-exempt status and must be approved by the Senior Vice President for Student Affairs/Dean of Students and the Chief Financial Officer.

Jacksonville University receives tax exemptions as an educational institution, which can be jeopardized when individuals in the campus community operate a business enterprise on College premises. Campus-based activity, which can result in the distribution of profits to individuals, is inconsistent with the College's tax-exempt status.

Entrepreneurs shall not use their student status to compete unfairly with local merchants or campus services.

Students are not to harass others, including their fellow students, in their commercial endeavors.

Advertising within the residential community is not permitted unless approved through the University’s posting policy process.

Search and Seizure Policy

For information regarding searches of student rooms in the residence halls and apartments, see the “Residential Life” section of this handbook.

Students are reminded that the Jacksonville University campus is the private property of the University. When a designee of the Student Life Office, including Campus Security Officers and Residential Life Staff members, reasonably suspects that suspect items are contained among a student’s possessions, the student shall be required to make such possessions (including but not limited to backpacks, locked containers, motor vehicles, electronic devices etc.) accessible. If a student refuses to give access to their possessions, the suspect items may be confiscated for investigation, and used in any disciplinary proceedings. Furthermore, any student who refuses to give such access to their possessions may also be immediately banned from University property.

Student Organizations

JU supports over 85student organizations to engage students outside the classroom.

  1. All organizations on campus must register with the Center of Student Engagement in order to be recognized. Failure to be recognized will result in loss of the ability to receive institutional funding and to make space reservations.
  2. Students shall be free to organize and join clubs/organizations to promote their common interests and the mission of the University; however, all organizations must be registered with the University.
  3. Students who wish to create a new student organization, should contact the Center of Student Engagement to complete the registration paperwork. New organization paperwork is accepted the first 4 weeks of the semester. Final approval for club/organization recognition is granted on behalf of the University by the Division of Student Affairs.
  4. The membership, policies and actions of student organizations will be determined by vote of only those persons who are currently enrolled students, except where such determination is in conflict with University policy or regulations. Student organizations shall be subject to the same responsibilities and standards of conduct applied to students specifically as listed in the Student Handbook.
  5. If violations of the Code of Student Conduct and/or University policies occur as part of a recognized student organization’s activities, disciplinary actions may be pursued as prescribed in the Disciplinary Procedures section of the Student Handbook. The president and/or other representatives will be asked to represent the student organization in a hearing. The hearing will be conducted by a member or members of the Student Life staff. If found responsible for violations, disciplinary actions will be levied as determined by the staff member(s) conducting the hearing. Appeals may be made in writing to the Dean of Students within three business days following notification of sanctions.
  6. Each organization must have an advisor. Advisors that are not University faculty or staff must complete the volunteer authorization paperwork. 
  7. Membership shall not be denied on the basis of race, color, creed, national origin, age, sexual orientation or disability.

Student Leader Eligibility

Primary student leaders (President and Treasurer):

  1. Must be enrolled full-time as deemed by University or academic department guidelines
  2. Must maintain a minimum of a 2.5 GPA cumulative
  3. Must be in good standing with the University

Facility Usage

Students and recognized student organizations must utilize the 25 Live system in order to reserve on-campus facilities and register events. Final approval of facility usage will come from the University Scheduler.  Final approval of the event for student organizations will come from Student Engagement. Organizations are urged to plan their events and submit their requests as far in advance as possible, a minimum of 10 (ten) business days is required.

When planning your event, please keep the following in mind:

  1. Recognized student organizations may reserve any available multipurpose University facility.
  2. Use of residence hall lobbies is coordinated by the Residential Life Office. Events sponsored by residents and residence hall organizations are given priority.
  3. Historic Swisher Gymnasium may be reserved for events that require a facility of this size. Due to the high demand for this facility, requests should be made as early as possible.

Hazing

Hazing, defined as an act which endangers one’s mental or physical health or safety, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Hazing is a purposeful, costly aspect of group induction activities that: (a.) do not appear to be group-relevant assessments/preparations, or (b.) appear excessive in the application. Group induction activities are those tasks formally or informally required to obtain membership or participatory legitimacy for new or prospective members.

Title IX

The Comprehensive Title IX Policy can be found online at Title IX | Jacksonville University

University Name, Logo and Contracts

The legal title “Jacksonville University” is retained by the Board of Trustees for use by officially recognized University organizations and activities and may not be used without specific permission. Contracts cannot be signed or agreements made in the name of the University without authorization from the Division of Student Affairs or the Chief Financial Officer. All uses of the JU logo and symbol must be approved by the Office of University Marketing and Communications.

Weapons Policy

Possession, use, or storage of any weapon is prohibited on University property and at University sponsored events. Storage cases for any weapons are also prohibited. 

For purposes of this policy, the term “weapon” includes but is not limited to any:

  1. Firearm, meaning any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, such as a handgun, shotgun, rifle, starter gun, pellet/BB gun and machine gun, including any ammunition;
  2. Destructive device or explosive, such as a bomb, grenade, mine, rocket, missile, pipe bomb, blasting cap, black powder, firecracker, or any similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage;
  3. Electric weapon or device, meaning any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury, such as a stun gun or dart-firing stun gun; or
  4. Any other weapon, equipment, material, or device that, in the manner it is used or could ordinarily be used, is readily capable of causing serious bodily injury. Examples of items described in clause (4) include but are not limited to any dirk, sword, knife (excluding small personal pocket knives with folding blades that are less than three (3) inches in length or cutlery used for cooking purposes), metallic knuckles, slingshot, martial arts weapon , club, chain, archery bow, crossbow, or tear gas/chemical dispensing device (other than a small chemical dispenser containing less than two ounces of chemical, allowed under Florida Statute, and sold commercially for personal protection).

Violation of this policy will result in disciplinary actions up to and/or including suspension, dismissal, and referral to local law enforcement authorities. All weapons as described above will be immediately confiscated by University officials and will not be returned.

This policy does not apply to any law enforcement officer as defined by Section 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14), Florida Statutes.

Notice of Waiver

Jacksonville University, through this written and published policy, hereby affirmatively waives the exception as provided in Section 790.115(2)(a)(3), Florida Statutes. Jacksonville University is a “school” as defined by Section 790.115. Section 790.115(2)(a) prohibits the possession of a firearm, destructive device, electric weapon or device, or other weapon as defined by Section 790.001(13) on school property or at a school-sponsored event. Although Section 790.115(2)(a)(3) provides an exception that, pursuant to Section 790.25(5), persons over eighteen years of age may possess a concealed firearm or other weapon for self-defense in a private conveyance if the firearm or weapon is securely encased and is not readily accessible for immediate use, it also provides that schools may waive the exception by adopting written and published policies. This Weapons Policy shall constitute a specific waiver of the exception as provided in Section 790.115(2)(a)(3).