Answers to commonly asked questions by students who are victims

1. How do I report what happened?

You can report the 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.

2. What are my rights as a victim?

• The right not to be in attendance at the student conduct hearing.
  
• The right to submit a victim impact statement that details the alleged consequences suffered by the victim.
  
• The right to have a personal advisor/counselor/support person accompany you during the student conduct hearing. An attorney may appear at a student conduct hearing with the victim to provide advice, but may not represent the victim or directly question or cross-examine witnesses.
  
• The right to request immediate on-campus housing relocation (based on available space), transfer of classes or other steps to prevent unnecessary or unwanted contact or proximity to the accused, when such contact is likely to place the victim in danger of bodily injury and/or cause the victim severe emotional distress.
  
• The right to be informed of the outcome of the hearing upon request. The proceedings and outcome of all student conduct proceedings are considered confidential information in accordance with the Family Educational Rights and Privacy Act of 1974. Such information should not be shared outside the proceedings, unless the proceedings have been declared an open proceeding.
  
• The right to not have his or her past behavioral history discussed during the student conduct hearing. Questions of relevancy shall be determined by the hearing chair.
  
• The right to make a record of the proceeding at the victim's own expense.
  

3. Can I participate in the hearing if I am the victim?

Victims of alleged violations of the Code of Student Conduct have specific rights within the UCSC judicial process. Victims may participate in the same ways as witnesses, or may choose not to participate in the hearing. Victims have the option of scheduling a pre-hearing conference before the hearing. In a pre-hearing conference, a staff member meets with the victim to fully explain the student judicial process, answer any questions the victim may have about the procedures during the hearing, and discuss the options available for participation, including the coordination of a possible hearing date and time. The victim is also given the opportunity to provide further written information to be placed in the accused student's file, with the understanding that the accused has the right to review all information placed therein.

4. Are there other agencies that can help with victims of violence and sexual violence?

(link to Title IX and/or Rape Prevention, CPS, SHC, etc Web sites)

5. What will happen to the accused student?

Based on the information you provide and possible further investigation, the student may be charged with a violation of the Code of Student Conduct. The accused student will have the opportunity for a disciplinary conference with a staff member in Student Judicial Affairs to review and respond to the allegations. The staff member will determine if the accused student violated the Code of Student Conduct and, if so, attempt to reach a mutually agreeable outcome via a Voluntary Resolution Agreement. If an agreement cannot be reached, the accused student may file a direct appeal to the Vice Chancellor for Student Affairs or may request a formal hearing before the campus judicial board. If the accused student is found responsible, they will be issued appropriate sanctions.

6. What role can I play? This is up to you.

• You may provide a "statement of fact" related to this incident for use in a student judicial hearing. In addition, you would have to answer questions posed by the adjudicating officer investigating this incident.
  
• You may participate "in person" at any student judicial hearing related to this incident.
  
• You may participate via a telephone conference call at any student judicial hearing related to this incident.
  
• You may answer written questions posed by the hearing board or the accused student(s).
  
• You may choose to not participate in any student judicial hearing related to this incident.
  

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

8. How do I find out what happens? This is up to you.

• You may be notified of the outcome of the student judicial hearing via telephone call only.
  
• You may be notified of the outcome of the student judicial hearing via written documentation.
  
• You may be notified of the outcome of the student judicial hearing in person.
  
• You do not have to be notified of the outcome of the student judicial hearing at all.
  

9. If I say anything I may be retaliated against. How do I protect myself?

There is help available. If you feel threatened in any way, you should contact UCPD immediately and follow up with Student Judicial Affairs as soon as possible. Also, please refer to the UCSC Procedures for Ensuring Adequate Interim Protection From Retaliation or Intimidation for Complainant(s), Witness(es), and Other Individuals (Student Policies and Regulations Handbook, Appendix N).

10. Is filing a report the same as filing charges?

No. Judicial action may be pursued against any student who allegedly commits a violation of the Code of Student Conduct. Decisions regarding the pursuit of charges is determined by the adjudicating officer. Individual complainants, victims, and/or witnesses cannot force charges to be filed. Additionally, participation by complainant, witnesses, and/or victims is not necessary for judicial charges to be filed and action pursued.

11. Can I drop the charges?

Student judicial proceedings and actions are not subject to challenge or postponement on the grounds that criminal or civil charges involving the same incident have been dismissed, reduced, or are pending in civil or criminal court. Individual complainants, witnesses, and/or victims cannot force charges to be dropped.

12. What is the purpose of a Campus Judicial Board hearing?

13. What is expected of a witness at a hearing?

14. Will I be sworn in?

15. What procedures does the Campus Judicial Board follow?

16. Who is in charge of the hearing?

17. Who will be allowed to attend the hearing?

18. May I have someone come to the hearing with me?

19. How long will my participation take?

20. I gave a statement to the police, why must I attend a hearing?

21. What if it is my word against another person's?

22. What if I don't show up for the hearing?

23. What if I admit to a violation of the Code of Student Conduct during my testimony?

24. Will I be notified of the outcome?

25. Can I make a suggestion on the type of sanction I believe would be appropriate?

26. What if I have more questions or concerns about the hearing?

27. Additional Resources