Answers to questions from students who have been accused of violating the Code of Student Conduct:

1. Am I going to get kicked out?

Only an extreme, repeated, or violent act would warrant a student to be suspended or dismissed from the university. Cases involving sexual harassment, sexual misconduct, hazing, drugs, and theft often result in suspensions (a separation from the university for a set period of time (i.e., 1 quarter or 1 year)

2. Will my parents/faculty/advisor find out?

Disciplinary proceedings, including the files that accompany them, are currently considered educational records and as such are protected by federal law (Family Educational Rights and Privacy Act or FERPA) from being disclosed to anyone outside of those involved in the situation. This means your parents, faculty, friends will not find out unless you tell them. Typically, there are three ways by which we may disclose information from your judicial record: 1) with your written permission; 2) to comply with a court order; or 3) a legitimate educational need to know with employees of the university.

If you wish to have disciplinary information released to specific people, or have our staff discuss details of your case with specific people (i.e., parents, lawyers, advisors, Graduate School or EAP Disciplinary Clearance forms, etc.) please fill out and submit the "Release of Information" form.

3. What is a "summons" letter?

The letter you have received is called a summons letter. It explains that we have received a report that you may have violated campus rules or regulations. The letter will provide a brief description of your alleged behavior and cite possible rules from the Code of Student Conduct that may have been violated by your alleged behavior. The letter will require you to attend a disciplinary conference with an adjudicating officer.

4. What is going to happen when I go the disciplinary conference?

The summons letter will require you to first call and schedule an appointment with the adjudicating officer who sent you the letter. The letter will provide you with the URL for accessing the UCSC Student Policies and Regulations Handbook that you should review prior to your conference meeting. The Handbook outlines campus rules, possible sanctions, the discipline process and your rights. The adjudicating officer will review these with you and answer any questions you may have at the beginning of your conference. Next, the adjudicating officer will review the allegations against you and give you an opportunity to respond to the allegations. The adjudicating officer may resolve the case with you at the conference or, should you raise factual disputes, decide to investigate further.

It is important that you make and keep an appointment with the adjudicating officer. Ignoring the situation will not make it go away. Should you fail to attend your disciplinary conference as directed, the adjudicating officer will make a decision in your absence.

5. How does the adjudicating officer decide if I violated the Code of Student Conduct?

A standard of evidence is the measuring stick by which we make a decision as to your responsibility. UCSC uses the Preponderance of Evidence standard in order to find a student or student organization responsible for violating the Code of Student Conduct. A student or student organization is not responsible for violating the Code of Student Conduct unless proven otherwise; however, unlike a court of law, the standard of evidence which must be met in order to prove that a student violated the CSC is less stringent, a Preponderance of Evidence. In other words, if you imagine weighing the evidence on some imaginary scale, it must be more than 50% convincing that a rule was violated. Another way of stating it, "Is it more likely than not that a policy was violated?"

6. What are my rights?

Your rights are outlined in the Code of Student Conduct and you can find out more about them when you attend your disciplinary conference.

7. Do I need an attorney?

The decision to hire an attorney is up to you. Our process is an administrative one and does not require legal representation. In fact, attorneys are not allowed to represent students in the campus judicial proceedings. Some students do choose to be advised by attorneys and that is certainly appropriate, especially when the same incident under review may result in civil or criminal action.

8. Can I bring a friend or other person with me to my meeting with the adjudicating officer?

Yes. You may bring a non-participatory observer with you for support and advice. It should be understood, the primary purpose of the disciplinary conference is to educate you about the disciplinary process, your rights, and to allow you an opportunity to respond fully to the allegations against you. In order to accommodate seating at the conference, please inform the adjudicating officer in advance if you will be bringing a support person or advisor with you.

9. Is it my word against the word of the person who referred me (Proctor, Police Officer, RA, other)?

In addition to information from witnesses, the referring party may submit other evidence, including documents, photos, incident reports. The referring party does not attend the disciplinary conference. Instead, it is a one-on-one meeting between the student and the adjudicating officer. The adjudicating officer will listen to your response and review any evidence or interview witnesses you may suggest (as appropriate to the allegation) prior to reaching a decision as to your responsibility. An allegation is just that until proven otherwise.

10. So how will I be punished?

Student Judicial Affairs operates under an educational philosophy, and as such, does not believe that punishment is the best way to educate. Our sanctions range from warning to suspension or dismissal depending on:


• The nature of the violation (what you did)
  
• Prior violations/previous disciplinary history (what have you done before)
  
• Mitigating circumstances surrounding the violation (unusual circumstances)
  
• Your motivation for the behavior (why you chose to do what you did)
  
• Sanctions involved in cases of similar circumstances (precedent)
  
• The developmental and educational impact (how is this going to affect you)
  

11. If I did violate the Code of Student Conduct, I can just lie about it, sound very sincere and get away with it?

This is a bad idea for two reasons. First, people almost always get caught in their lies. One lie leads to another and another. Eventually, everything comes crashing down, and what was a single violation at the start is compounded by additional dishonest acts. Second, even if one is successful in deceiving others, it is much harder to fool oneself. The individual must live with his/her conscience, and with the knowledge that he/she has lied (behaved dishonestly). It is best to tell the truth right at the beginning, face one's mistakes and accept responsibility for the consequences, learn from the experience and develop better ways of making decisions in the future.

12. Maybe I can just talk my way out of it?

Again, this is a bad idea. Trying to avoid responsibility for one's behavior usually results in more severe sanctions, and may establish a pattern of dishonesty and evasion that will create bigger problems in the future.

13. But, admitting a violation will ruin my life…I'm afraid the violation will go on my record and keep me from going to professional or graduate school, or from getting a job!

A single violation will NOT ruin one's life. As an educational institution, a primary goal of the campus disciplinary process is to help students learn from their mistakes. Usually, no permanent records are retained, and nothing goes on a student's transcripts regarding the disciplinary action. Only if the sanction involves Suspension or Dismissal is it noted on transcripts. Disciplinary records are confidential and generally cannot be released to others without the student's consent. In all but a very few cases, a student discipline record will not prevent one from applying and being admitted to medical, law, dental, or other professional or graduate schools.

14. But I was not aware of the rules; I did not mean to do anything wrong!

Every student is responsible for knowing what the rules are. This is why it is important to ask questions if one is unsure of the standards that apply. For example, if a student does not know the proper rules for citing sources in a paper, or do not know whether or to what extent students can work together on a homework assignment. Ignorance is not an excuse. If you find yourself worrying about whether something is OK or not, don't ignore your instincts-ask for clarification.

15. If the violation also involves an alleged crime, can I be prosecuted criminally AND also through the Student Conduct process?

Yes. This does not constitute double jeopardy. Students have a separate relationship to the University that is different from their responsibilities as citizens. For example, if an employee steals from his/her employer, he can be fired as well as prosecuted for embezzlement and imprisoned.

The campus disciplinary process determines the status of one's continued eligibility to remain a member of the campus community. The criminal process determines the status of one's membership within the greater community. It is not uncommon for University disciplinary action to run concurrently with civil or criminal proceedings; generally, one form of adjudicatory process does not affect the other. Campus disciplinary proceedings are almost always resolved much sooner than criminal proceedings.

16. What if I did not do anything wrong?

Then there is nothing to worry about. Just come in and tell the truth.

17. Even if I did not do anything wrong, maybe I should just admit to a violation to get it over with?

Please do not do this. It serves no purpose. If you are "protecting" someone, please realize they need to accept responsibility for their own actions. If you believe it will be easier, please understand that it will not, because you will have established a judicial record for something you did not do!

18. What if I did do it?

Our process is part of the big picture of education at UCSC. If you have made a mistake, or a wrong decision, or made of poor choice, admit it. Learn from this experience and grow from it. Some students, after "growing" through a judicial case, want to give back and help others. If you are interested in information on how to do this, discuss it with your adjudicating officer.

19. What if I don't show up for my disciplinary conference with the adjudicating officer?

A decision will be made in your absence based on the contents of your disciplinary file. It is in your best interest to participate in the disciplinary conference.

20. What are my options if I disagree with the Voluntary Resolution Agreement proposed by the adjudicating officer?

During this part of the process, the adjudicating officer cannot take action against a student unless the student admits the violation and agrees to the recommended sanction(s), or fails or refuses to participate in the disciplinary process.

If you disagree with the proposed Voluntary Resolution Agreement, discuss your concerns with the Adjudicating Officer and see if a mutually agreeable resolution can still be worked out. If not, you may do ONE of the following:
a. submit a written letter of appeal to the appellate officer named in the agreement (refer to the Guidelines for Written Appeals and use the Appeal Request Cover Sheet);
b. submit a request for a hearing before the campus judicial board to the director, Student Judicial Affairs (245 Hahn). (see Section 108.20 of the Code of Student Conduct); or
c. do nothing and the Voluntary Resolution Agreement will take effect five working days from the date issued.

21. How do I file an appeal?

Within five (5) days receipt of the Voluntary Resolution Agreement, you must submit a written letter of appeal to the appellate officer named in the agreement. Please refer to the Guidelines for Written Appeals information sheet and the Appeal Request Cover Sheet. Students are limited to one level of appeal. Criteria for non-academic appeals are limited to the following:

i. whether there is substantial evidence to support the finding(s) of violation of university policies or campus regulations for which the discipline was imposed;
ii. whether there is evidence which could not be adduced at the time of the original hearing which is likely to change the result;
iii. whether there was not procedural fairness at the conduct of the hearing; or
iv. whether the sanction imposed was too harsh given the findings of fact.

22. What happens if I request a hearing?

Please review Section 108.00 of the Code of Student Conduct

23. What are the procedures for appealing the hearing outcome?

Please review Sub-section 108.50 of the Code of Student Conduct

24. I received an "admonishment letter." What does this mean?

After reviewing an allegation of student misconduct, the adjudicating officer may decide to resolve the matter by issuing the accused student an "admonishment." An admonishment is a written notice to students that their behavior may have violated university policy or campus regulations and that, if repeated, such behavior would be subject to discipline. Since this action does not result in a judicial action or judicial record, there is no appeal.

25. How do I know if I have a judicial record?

If you are found responsible for a violation of the Code of Student Conduct, you have a judicial record.

26. How long are judicial records kept?

Judicial records are maintained for a minimum of seven (7) years from the academic year in which the case was resolved.

27. Can I get a copy of my judicial record?

Copies of judicial records are not provided. However, upon written request, you will be allowed access to your judicial record by appointment. Prior to their review, judicial records must be reviewed so that personally identifiable information pertaining to other students or witnesses and/or victims can be redacted.

28. How can I file a complaint against a student?

You can report an incident by filling out or downloading the following Incident Reporting Form and sending it to Student Judicial Affairs. You can come in to 245 Hahn (link to campus map ) and talk to a Student Judicial Affairs staff member. If the violation is also a crime, you may file a report with the University Police Department (link to UCPD WEB form) as well.

29. How do I clear up an enrollment hold?

Enrollment holds are placed by the adjudicating officer who issued the voluntary resolution agreement. Typically, enrollment holds are placed when a student has failed to complete the terms and conditions of a sanction by the deadline. An enrollment hold will remain in effect until the sanction is completed per the terms and conditions of the original agreement.

30. If found in violation of the Code of Student Conduct, will there be a notation on my transcript?

In most cases no. However, for those cases involving Suspension or Dismissal, the University will place a notation for "misconduct" on a student's academic transcript for the duration of the sanction. At the conclusion of the sanction term, the notation will be removed.

31. I need to have a "disciplinary clearance" form completed, where do I go?

Undergraduate students should submit disciplinary clearance forms to the Associate College Administrative Officer (ACAO) of their college. All other students should submit their forms to the Office of Student Judicial Affairs.

32. Who has access to my judicial record?

By law, judicial records are confidential. Since it is your record, you have a right of access to its contents in redacted form. Typically, there are three ways we release information from a student's judicial record:

1. with the student's written permission;
2. by court order or subpoena; or
3. to university employees who have a legitimate educational need to know (meaning there is some information in the record they must have in order to perform a required job function)

33. What is a disciplinary conference?

A disciplinary conference serves as an informal, non-adversarial method of resolving an issue of alleged student misconduct. A student accused of violating the Code of Student Conduct may be scheduled to meet with an adjudicating officer. During the conference, the student and adjudicating officer attempt to reach an agreement whether a violation of the Code took place and, if so, what the sanction or penalty should be. If an agreement cannot be reached, the student can appeal the decision or request a hearing before the campus judicial board.

34. What is a judicial board hearing?

A judicial board hearing is the process of gathering a small group, comprised of students and staff representatives, to hear and review evidence in support and in defense of an allegation of student misconduct. The board determines whether a preponderance of evidence exists to support the charge and, if so, what sanction(s) ought to be imposed.

35. Is a judicial board hearing like going to court?

While there may appear to be similarities, the processes are different. The purpose of a judicial board hearing is to determine whether a student's behavior has violated the Code of Student Conduct. Courts determine whether laws have been breached.

36. If an incident occurs off campus, can charges be brought under the Code of Student Conduct?

If misconduct occurs off campus during the course of a University function or falls within the jurisdictional requirements outlined in Section 101.10 of the Code of Student Conduct, the Code of Student Conduct applies. Actions not permitted on University property may also be subject to judicial action provided the offense adversely affects the University and/or the pursuit of its objectives.

37. What effect does one's student discipline record have in future cases?

Generally, a hearing board will not be made aware of a student's judicial history unless the information is relevant to the allegation being considered. A hearing body will be apprised of the student's record when a violation has been determined and the board is developing its recommendation for a sanction.

38. How can a student responding to charges prepare for a hearing?

The following steps are suggested:
1. Read all the information sent by the adjudicating officer.
2. Consult a copy of the Code of Student Conduct.
3. Schedule an appointment with the adjudicating officer or the director, Student Judicial Affairs.
4. Write a response to the charges.
5. Compile a list of witnesses. Contact them.
6. Decide whether you feel an advisor is needed; if so, contact that person.
7. Make notes concerning pertinent facts.
8. Anticipate questions that will likely be asked by the judicial board.
9. Outline the main points of the testimony.

39. What is a Sanction?

A sanction represents the penalty or consequences a student faces for having violated the Code of Student Conduct. Sanctions may affect one's status (being placed on disciplinary probation or suspended from the University); privileges (being prohibited from operating an automobile on campus or participating in privileged activities); and finances (being fined for violating the alcohol or controlled substance policies or being required to make restitution for property damages). A combination of sanctions is utilized in most cases.

40. Will having a "disciplinary history" affect a graduate's employment opportunities or choice of graduate schools?

Students who are suspended or dismissed will have a disciplinary notation on their transcript for the duration of the sanction. The transcripts of students who receive lesser sanctions do not reflect these disciplinary sanctions.

41. Are student's interactions with the University discipline system kept confidential?

Yes. The Family Educational Rights and Privacy Act makes a student's disciplinary record part of the educational record. This record may only be accessed by the student, with the student's written authorization, or in response to a court order. This educational record may also be shared with other faculty or staff with a legitimate educational need to know.