TABLE OF CONTENTS
100.00
CODE OF STUDENT CONDUCT
101.00
Student Conduct
Students are members of both society and the university community, with attendant
rights and responsibilities. Students are expected to comply with all laws and
with
university
policies and campus regulations.
The
standards of conduct below apply to students as the term 'student' is defined
in Section 14.50 of these Policies.
They also apply to:
a.
applicants who become students, for offenses committed as part of the application
process;
b.
applicants who become students, for offenses committed on campus and/or while
participating in University-related events or activities that take place following
a student's submittal of the application through his or her official enrollment;
and
c.
former students for offenses committed while a student.
101.10
Jurisdiction
The UC Santa Cruz campus shall have jurisdiction over the conduct of students
and student organizations which occurs on university property or in connection
with official university functions.
In
addition, the campus shall have discretion to exercise jurisdiction over conduct
which occurs off-campus and which would violate student conduct and discipline
policies or regulations if the conduct occurred on campus when the alleged misconduct
indicates the student may be a threat to the safety or security of members of
the university community or university property, functions, or facilities.
For example, the campus may choose to exercise jurisdiction over off-campus
incidents where the alleged misconduct includes, but is not limited to:
a.
rape or sexual assault, any other physical assault, threats of violence, or
conduct that threatens the health or safety of any person;
b.
stalking or sexual harassment;
c.
possession or use of weapons, explosives, or destructive devices;
d.
manufacture, sale, or distribution of controlled substances;
e.
hate crimes;
f.
hazing;
g.
conduct which would constitute a felony, including burglary, robbery, theft,
etc.; and
h.
conduct which egregiously and/or repeatedly has negatively impacted members
of the surrounding off-campus community and which violates federal, state or
local laws/ordinances; or conduct which severely impacts or strains emergency
response abilities in the surrounding community.
In
determining whether or not to exercise off-campus jurisdiction in such cases,
the campus may consider the seriousness of the alleged offense, the risk of
harm involved, whether the victim(s) are members of the campus community and/or
whether the off-campus conduct is part of a series of actions which occurred
both on and off-campus.
102.00
Grounds for Student Discipline
Chancellors
may impose discipline for the commission or attempted commission (including
aiding or abetting in the commission or attempted commission) of the following
types of violations by students, as well as such other violations as may be
specified in campus regulations:
102.01
All forms of academic misconduct, including but not limited to, cheating, fabrication,
plagiarism, or facilitating academic dishonesty;
102.011
Cheating. Cheating is defined as fraud, deceit, or dishonesty in an academic
assignment, or using or attempting to use materials, or assisting others in
using materials which are prohibited or inappropriate in the context of the
academic assignment in question. This includes, but is not limited to:
a.
providing answers to or receiving answers from others for any academic assignment.
In "group assignments" and "cooperative learning" situations, it is the responsibility
of the student to ascertain from the instructor to what degree the work must
be done exclusively by the student or may be done in collaboration with others;
b.
using notes, information, calculators, or other electronic devices or programs
during exams or for assignments from which they have been expressly or implicitly
prohibited;
c.
improperly obtaining or using improperly obtained information about an exam
or assignment in advance of its availability to other students, or assisting
others in doing so;
d.
putting one's name on another person's exam or assignment; or
e.
altering previously graded work for purposes of seeking a grade appeal.
102.012
Plagiarism. Plagiarism is defined as the use of intellectual material produced
by another person without acknowledging its source. This includes, but is not
limited to:
a.
copying from the writings or works of others into one's academic assignment
without attribution, or submitting such works as if it were one's own;
b.
using the views, opinions, or insights of another without acknowledgment; or
c.
paraphrasing the characteristic or original phraseology, metaphor, or other
literary device of another without proper attribution.
102.013
Furnishing false information in the context of an academic assignment. This
includes, but is not limited to:
a.
writing an exam or term paper for another person;
b.
soliciting another person to take an exam or write a paper for one's own class;
c.
submitting the same piece of work as partial fulfillment of the requirements
in more than one course without permission of the instructor;
d.
representing oneself as another person, or failing to identify oneself forthrightly
and honestly in the context of an academic obligation; or
e.
representing, explicitly or implicitly, that work obtained from another source
was produced by oneself.
102.014
Creating an improper academic disadvantage to another student or an improper
academic advantage to oneself. This includes, but is not limited to:
a.
removing, defacing, hiding or deliberately withholding library books or other
materials, particularly those with short-term loan periods or on reserve for
courses;
b.
contaminating a laboratory sample (e.g., a "mystery substance" in qualitative
chemistry); or
c.
altering the indicators of a practical exam (e.g., moving the pin in a dissection
specimen in anatomy).
102.015
Interference with courses of instruction. This includes but is not limited to:
a.
failure to comply with the instructions or directives of the course instructor;
or
b.
disruption of classes or other academic activities.
102.016
Theft or damage of intellectual property. This includes, but is not limited
to:
a.
sabotaging or stealing another person's assignment, book, paper, notes, experiment,
or project; or
b.
improperly accessing or electronically interfering via computer or other means
with the property of another person or the University.
102.017
Selling, preparing, or distributing for any commercial purpose course lecture
notes or video or audio recordings of any course unless authorized by the university
in advance and explicitly permitted by the course instructor in writing. The
unauthorized sale or commercial distribution of course notes or recordings by
a student is a violation of these Policies
whether or not it was the student or someone else who prepared the notes or
recordings.
102.018
Copying for any commercial purpose handouts, readers or other course materials
provided by an instructor as part of a University of California course unless
authorized by the university in advance and explicitly permitted by the course
instructor or the copyright holder in writing (if the instructor is not the
copyright holder).
102.02
Other forms of dishonesty, including but not limited to, fabricating information
, furnishing false information,
or reporting a false emergency to the university;
102.03
Forgery, alteration, or misuse of any university, state, federal or other government
documents, records, keys, electronic device, or identifications;
102.04
Theft of, conversion of, or damage to or destruction of, any property of the
university or any property of others while on university premises, or possession
of any property when the student had knowledge or reasonably should have had
knowledge that it was stolen;
102.05
Theft or abuse of university computers and other university electronic resources
such as computer and electronic communications facilities, systems, and services.
Abuses include, but are not limited to, unauthorized entry, use, transfer, or
tampering with the communications of others, and interference with the work
of others and with the operation of computer and electronic communications facilities,
systems, and services. Use of university computer and electronic communications
facilities, systems, or services that violates other university policies or
campus regulations;
102.06
Unauthorized entry to, possession of, receipt of, duplication of, or use of
any university services; equipment; resources; or properties, including the
university's name, insignia, or seal;
102.07
Violation of policies, regulations, or rules governing university –owned
,-operated, or -leased housing facilities or other housing facilities located
on university property;
102.08
Conduct which constitutes:
a.
physical abuse or physical assault;
b.
threats of violence;
c.
a threat to the health or safety of any person; or
d.
rape, sexual assault, sex offenses,
102.09
Sexual harassment, as defined in university policy (see
Appendix F & N).
Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal
or physical conduct of a sexual nature constitute sexual harassment when:
a.
a student who is also an employee of the university makes submission to such
conduct, either explicitly or implicitly, a term or condition of instruction,
employment, or participation in other university activity over which the student
has control by virtue of his or her university employment;
b.
a student who is also an employee of the university makes submission to or rejection
of such conduct a basis for evaluation in making academic or personnel decisions
affecting an individual, when the student has control over such decisions by
virtue of his or her university employment;
c.
such conduct by any student has the purpose or effect of creating a hostile
and intimidating environment sufficiently severe or pervasive to substantially
impair a reasonable person's participation in university programs or activities,
or use of university facilities;
In determining whether the alleged conduct constitutes sexual harassment, consideration
shall be given to the record of the incident as a whole and to the totality
of the circumstances, including the location of the incident and the
context
in which the alleged incidents occurred.
A copy of the UCSC
Sex Offense Policy and Procedures for Reports of Sexual Assaults and Sexual
Harassment
is available via the web at http://www2.ucsc.edu/title9-sh
102.091
Sexual assault as defined in the UCSC
Sex Offense Policy and Procedures for Reports of Sexual Assault(s) and Sexual
Harassment
(see
Appendix F & N);
102.10
Stalking behavior in which a student repeatedly engages in a course of conduct
directed at another person and makes a credible threat with the intent to place
that person in reasonable fear for his or her safety, or the safety of his or
her family; where the threat is reasonably determined by the university to seriously
alarm, torment, or terrorize the person, and where the threat is additionally
determined by the university to serve no legitimate purpose;
102.11
Harassment by a student of any person. For the purposes of these Policies,
'harassment':
a. is the
use, display, or other demonstration of words, gestures, imagery, or physical
materials, or the engagement in any form of bodily conduct, on the basis of
race, color, national or ethnic origin, lineage, sex, religion, age, sexual
orientation, or physical or mental disability, that has the effect of creating
a hostile and intimidating environment sufficiently severe or pervasive to substantially
impair a reasonable person's participation in university programs or activities,
or use of university facilities;
b.
must target a specific person or persons; and
c.
must be addressed directly to that person or persons.
Prior to applying this provision of policy to any student conduct, the campus
is required to consult with the Office of General Counsel regarding its proper
interpretation and application in light of the specific circumstances;
102.12
Participation in hazing or any method of initiation or pre-initiation into a
campus organization or other activity engaged in by the organization or members
of the organization at any time that causes, or is likely to cause, physical
injury or personal degradation or disgrace resulting in psychological harm to
any student or other person (See
Appendix E);
102.13
Obstruction or disruption of teaching, research, administration, disciplinary
procedures, or other university activities;
102.14
Disorderly or lewd conduct;
102.15
Participation in a disturbance of the peace or unlawful assembly;
102.16
Failure to identify oneself to, or comply with directions of, a university official
or other public official acting in the performance of their duties while on
university property or at official university functions, or resisting or obstructing
such university or other public officials in the performance of or the attempt
to perform their duties;
102.17
Unlawful manufacture, distribution, dispensing, possession, use, or sale of,
or the attempted manufacture, distribution, dispensing, or sale of controlled
substances, identified in federal or state laws or regulations which include:
a.
opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana;
synthetic narcotics (Demerol, methadones); and dangerous nonnarcotic drugs (barbiturates,
Benzedrine); or
b.
all other drugs not included in (102.17a);
102.18
Manufacture, distribution, dispensing, possession, use, or sale of, or the attempted
manufacture, distribution, dispensing, or sale of alcohol which is unlawful
or otherwise prohibited by, or not in compliance with, university policy or
campus regulations, which include:
a.
the manuafacture, sale, transporting, furnishing, possessing of intoxicating
liquor; maintaining unlawful drinking places; bootlegging; operating a still;
furnishing liquor to a minor or intemperate person; using a vehicle for illegal
transportation of liquor; drinking on a train or public conveyance; or any attempt
to commit any of the foregoing violations (this list does not include drunkenness
and driving under the influence); or
b.
all other alcohol-related rules, regulations and laws not included in (102.18a);
102.19
Possession, use, storage, or manufacture of explosives, firebombs, or other
destructive devices;
102.20
Possession, use, or manufacture of a firearm or other weapon as prohibited by
campus regulations;
102.21
Violation of the conditions contained in the terms of a disciplinary action
imposed under these Policies
or campus regulations;
102.22
Violation of the conditions contained in a written Notice of Emergency Suspension
issued pursuant to Section 53.00 of these Policies
or violation of orders issued pursuant to Section 52.00 of these Policies,
during a declared state of emergency;
102.23
Violation of campus regulations regarding pets and animals (copies of these
regulations are available from the college offices, the Family Student Housing
Office, Faculty Housing Office, and University Police);
102.24
Possession or use on or in university properties or at official university functions
of a firearm or other gun or weapon or explosive device, as defined within California
Penal Code, Part IV, Title 2, Chapters 1-6 capable of inflicting injury, including,
but not limited to firearms, BB, pellet, air, spring, paint, and blow guns,
except as expressly permitted by law;
102.25
Possession of a knife as defined in the California Penal Code, Section 626.10(b).
This section prohibits anyone from bringing or possessing a dirk, dagger, ice
pick, or knife having a fixed blade longer that 2 1/2 inches on or in university
properties or at official university functions, except as expressly permitted
by law;
102.26
Possession or use on or in university properties or at official university functions
of a "less than lethal weapon" as described in California Penal Code, Part IV,
Title 2, Chapter 4, Chapters 1-6 including, but not limited to stun guns, bow
or crossbows designed to shoot arrows, slingshot, paint-ball guns, or tear gas
weapons except as permitted by law.
102.27a
All open fires in the back country (wild land areas) are strictly prohibited
and enforced under the Public Resources Code, Sections 4421, 4423, 4432 and
4433.
Campfires,
portable stoves, open fires and other use of fires on developed areas on university
properties are prohibited without written permission from the campus Fire Chief.
Campfire is defined as a fire which is used for cooking, personal warmth, lighting,
ceremonial, or aesthetic purposes, including fires contained within outdoor
fireplaces and enclosed stoves with flues or chimneys, stoves using jellied,
liquid, solid, or gaseous fuels, portable barbecue pits and braziers, or space
heating devices which are used outside any structure, mobile home, or living
accommodation mounted on a motor vehicle. Open fires means any fire, controlled
or uncontrolled, including a campfire, burning outside of any structure, mobile
home, or living accommodation mounted on a motor vehicle.
102.27b
Camping is prohibited on university owned, controlled or leased property. Camping
is defined as any of the following:
i.
the establishment of temporary or permanent living quarters in other than residence
halls, apartments, or other University managed housing;
ii.
sleeping outdoors with ot without bedding, tent, hammock, or similar protection
orequipment;
iii.
sleeping in or under any parked vehicle; or
iv.
establishing or maintaining outdoors, or in or under any structure not intended
for human occupancy, at any time during the day or night, a temporary or permanent
place for cooking or sleeping by setting up any bedding, sleeping bag, blanket,
mattress, tent, hammock or other sleeping equipment, or by setting up any cooking
equipment.
102.28
Blocking or impeding ingress to or egress from the campus, buildings or official
university functions, including activity on non-university property;
102.29
Delivering, furnishing, transferring, manufacturing, or possessing drug paraphernalia
is prohibited. Drug paraphernalia is defined as all equipment, material and
products intended for use or designed for use in growing, processing, harvesting,
storing, concealing, injecting, ingesting, inhaling, or otherwise introducing
a controlled substance into the human body. Examples of drug paraphernalia include,
but are not limited to: pipes, water pipes, bongs, and hookahs.
102.30
Violation of any college rule, policy or regulation.
102.31
Violation of any other university policy or campus regulation.
102.32
Conviction of any federal, state, or local law or ordinance on or in university
properties or at official university functions may also subject students to
campus discipline procedures (also
see Sections 60.20 and 60.21 of the Handbook);
102.33
In addition to the above, all federal, state, and local laws apply on or in
university properties and at official university functions. Violators shall
be subject to campus discipline procedures as well as any civil or criminal
action that may be taken. For information regarding the laws, contact the University
Police Department.
102.34
Guest Responsibility. Students are responsible for policy violations committed
by their non-student guests while on university owned, leased or controlled
property, at official university functions, or at organizational events on or
off campus.
103.00
Student Discipline Procedures
103.10
Procedural Due Process:
Procedural due process is basic to the proper enforcement of university policies
and campus regulations. Chancellors shall establish and publish campus regulations
providing for the handling of student conduct cases in accordance with basic
standards of procedural due process. Consistent with this requirement, procedures
specified in such regulations shall be appropriate to the nature of the case
and the severity of the potential discipline.
103.11
When a formal hearing is deemed to be appropriate, campus implementing regulations
shall provide the following minimum procedural standards to assure the accused
student a fair hearing:
a.
written notice, including a brief statement of the factual basis of the charges;
the university policies or campus regulations allegedly violated; and the time
and place of the hearing, within a reasonable time before the hearing;
wherever
these policies and regulations require that notice be given, it may be delivered
in person to the student, or shall be sent by mail to the address appearing
on the student's most recently filed registration materials, or, if undeliverable
at that address, to the permanent address of record;
For
the purpose of this code, the term “working day” shall be defined
as the normal business day and shall not include Saturdays, Sundays, or administrative
holidays;
b.
the opportunity for a prompt and fair hearing where the university shall bear
the burden of proof, and at which the student shall have the opportunity to
present documents and witnesses and to confront and cross-examine witnesses
presented by the university—no inference shall be drawn from the silence
of the accused;
c.
a record of the hearing; an expeditious written decision based upon the preponderance
of evidence, that shall be accompanied by a written summary of the findings
of fact; and
d.
an appeals process.
104.00
Administration of Student Discipline
104.10
In accordance with campus regulations on student disciplinary procedures, chancellors
may impose discipline for violation of university policies or campus regulations
whether or not such violations are also violations of law, and whether or not
proceedings are or have been pending in the courts involving the same acts.
104.20
Each chancellor may appoint faculty, student, or other advisory committees,
or hearing officers, as specified in campus regulations, but the final authority
for administration of student discipline rests with the chancellor.
104.21
The chancellor has delegated responsibility for the administration of the student
conduct process to certain university officials described below (hereafter referred
to as "responsible officials"). A complaint alleging student misconduct may
be filed by a member of the faculty or staff, a student, or other aggrieved
person to the applicable responsible official:
104.22
Except as specified below, allegations involving undergraduate students are
the initial responsibility of the college administrative officers (CAOs) of
the college with which the student is affiliated. The CAOs (or their designee)
and the director of Residential & Dining Services also have jurisdiction
over students involved in institutional exchange programs, off-campus university
housing facilities and other students residing in the college, regardless of
college affiliation, insofar as the alleged violation(s) occurred within university
controlled residential facilities and/or university properties.
104.23
Allegations of academic dishonesty involving undergraduates are the initial
responsibility of the provost of the college to which the student is affiliated.
104.24
Allegations of rape and sexual assault are handled pursuant to the UCSC
Sex Offense Policy and Procedures for Reports of Sexual Assault(s) and Sexual
Harassment
(see
Appendix F).
104.25
Allegations of sexual harassment are handled pursuant to the UCSC
Sex Offense Policy and Procedures for Reports of Sexual Assault(s) and Sexual
Harassment
(see
Appendix F).
104.26
The following allegations are the initial responsibility of the director, Student
Judicial Affairs, or designee:
a.
stalking;
b.
activities of campus-wide student organizations, clubs, or athletic teams;
c.
criminal charges which may be forwarded to the district attorney;
d.
death threats and bomb threats;
e.
misconduct arising from student demonstrations;
f.
hate- or bias-motivated conduct;
g.
physical violence;
h.
non-academic misconduct that may result in suspension, dismissal or interim
suspension;
i.
non-academic misconduct involving students enrolled in Summer Session and graduate
students; and
j.
misconduct involving students from more than one college or campus.
104.27
Except as specified in Sections 104.24 through 104.26, allegations of academic
misconduct involving graduate students are the initial responsibility of the
dean of Graduate Studies. Allegations of non-academic misconduct involving graduate
students are the initial responsibility of the director, Student Judicial Affairs.
104.28
Except as specified in Section 104.24 through 104.26, allegations involving
students enrolled in University Extension courses are the initial responsibility
of the dean of University Extension. Allegations involving students enrolled
in Summer Session courses are the initial responsibility of the director, Student
Judicial Affairs or designee.
104.30
A student, as defined in Section 14.50 of these Policies,
enrolled at one campus of the university, who is accused of violation of university
policies or campus regulations on another campus of the university or at an
official function of that campus, shall be subject to the disciplinary procedures
of either the former or the latter campus as an outcome of conferral between
designees of both campuses. The imposition of any recommendations for disciplinary
sanctions arising from these procedures must be reviewed and approved by both
campuses before the sanctions are imposed.
104.31
If an alleged violation of university policies occurs in connection with an
official university-wide function not on a campus, the student accused of the
violation shall be subject to the disciplinary procedures of the campus at which
the individual is a student, except in those cases in which the president directs
otherwise.
104.32
In the interest of fair administration of these regulations and procedures,
and consistent with law and university policy, the chancellor or designees may
interpret and make reasonable adjustments to jurisdictional and other provisions
hereof.
104.40
The loss of university employment shall not be a form of discipline under these
Policies.
However, when student status is a condition of the employment, the loss of student
status will result in termination of the student's employment. This section
is not intended to preclude the disclosure to other appropriate university officials
of information relating to any student's judicial records if that information
may be reasonably construed to have bearing on the student's suitability for
a specific employment situation. This section is also not intended to preclude
an employer from terminating a student's employment outside the disciplinary
process.
104.50
In imposing discipline other than Suspension or Dismissal, access to housing
and health services shall not be restricted unless the act that occasioned the
discipline is appropriately related to the restriction of these services.
104.60
If as a result of an administrative appeal of disciplinary sanctions, it is
determined that the student was improperly disciplined, the chancellor shall,
if requested by the student, have the record of the hearing sealed, and have
any reference to the disciplinary process removed from the student's record.
In such case, the record of the hearing may be used only in connection with
legal proceedings. The chancellor also may take other reasonable actions to
ensure that the status of the student's relationship to the university shall
not be adversely affected.
104.70
The results of any disciplinary action by the university that alleged a forcible
or non-forcible sex offense, as defined in Title
34 of the federal Code of Regulations, Section 668.46(c)(7),
must be disclosed to both the alleged offender and the alleged victim. The scope
of information to be provided under this section shall be: (1) the university's
final determination with respect to the alleged sex offense; and (2) any sanction
that is imposed against the alleged offender.
104.71
It is the alleged victim's obligation to keep the results of the disciplinary
action or appeal confidential, consistent with university policy and campus
regulations. The alleged victim's failure to keep this confidentiality may be
determined by the campus to be grounds for discipline as specified in Section
102.00 of these Policies.
(See
also Section 130.722 of the UC Policies)
104.80
Admonishment:
regardless of whether or not a hearing is conducted, campuses may provide written
notice to students that their alleged behavior may have violated university
policy or campus regulations and that, if repeated, such behavior would be subject
to discipline. Evidence of the prior alleged behavior as detailed in the written
notice may be introduced in a subsequent disciplinary action in order to enhance
the penalty.
104.81
No
Contact Directives are not considered a sanction, but rather a lawful directive
when issued by a university official. Such directives may be issued to students
verbally or in writing by a university official, acting in the performance of
their official duties. A no contact directive is appropriate when there is reason
to believe that future contact will result in disruption, harassment, intimidation
or threatening conduct, or physical abuse. No Contact directives include any
and all means of contact or communication within a specified distance and may
include an individual’s residence, automobile, or other property. Any
student, faculty or staff member or other person with a reasonable justification
may request a no contact directive.
105.00
Types of Sanctions:
When a student is found in violation of university policies or campus regulations,
any of the following types of student disciplinary action may be imposed. Any
sanction imposed should be appropriate to the violation, taking into consideration
the context and seriousness of the violation.
105.01
Warning:
Written notice or reprimand to the student that a violation of specified university
policies or campus regulations has occurred and that continued or repeated violations
of university policies or campus regulations may be cause for further disciplinary
action, normally in the form of Disciplinary Probation, Loss of Privileges and
Exclusion from Activities, Suspension, or Dismissal.
105.02
Censure:
[Rescinded by UC Policies May 17, 2002]
105.03
Disciplinary
Probation:
A status imposed for a specific period of time during which a student must demonstrate
conduct that conforms to university standards of conduct. Conditions restricting
the student's privileges or eligibility for activities may be imposed. Misconduct
during the probationary period or violation of any conditions of the probation
may result in further disciplinary action, normally in the form of Suspension
or Dismissal.
105.04
Loss
of Privileges and Exclusion from Activities:
Exclusion from participation in designated privileges and activities for a specified
period of time. Violation of any conditions in a written Notice of Loss of Privileges
and Exclusion from Activities, or violation of university policies or campus
regulations during the period of the sanction may be cause for further disciplinary
action, normally in the form of Probation, Suspension or Dismissal.
105.05
Suspension:
Termination of student status at the campus for a specified period of time with
reinstatement thereafter certain, provided that the student has complied with
all conditions imposed as part of the Suspension and provided that the student
is otherwise qualified for reinstatement. Violation of the conditions of Suspension
or of university policies or campus regulations during the period of Suspension
may be cause for further disciplinary action, normally in the form of Dismissal.
When,
as a result of violations of the student conduct code, a student is suspended,
the fact that the discipline was imposed must be posted on the academic transcript
for the duration of the Suspension (See
Section 106.00).
Suspension may be imposed only with the written affirmation of the vice chancellor,
Student Affairs.
105.06
Dismissal:
Termination of student status for an indefinite period. Readmission to the university
shall require the specific approval of the chancellor of the campus to which
a dismissed student has applied. Readmission after Dismissal may be granted
only under exceptional circumstances. When,
as a result of violations of the student conduct code, a student is dismissed,
the fact that the discipline was imposed must be posted on the academic transcript
for the duration of the Dismissal (See
Section 106.00).
Dismissal may be imposed only with the written affirmation of the vice chancellor,
Student Affairs.
105.061
Restriction
from designated areas of the campus for a specific academic term or terms.
Violation of any condition set forth in a written Notice of Restriction or violation
of university policies or campus regulations during the period of the sanction
may be cause for further disciplinary action.
105.062
Enhanced
Sanction
The
sanctions described in Section 105.00 may be enhanced or increased in severity
when it is found that the student has:
a.
violated the lawful regulations set forth in the Code of Student Conduct, and
b.
intentionally selected the person or persons against whom the underlying violation
was committed, or selected the property which was damaged, or violated other
provisions of the Code of Student Conduct because of the personal characteristic
or status of that person or group of persons on the basis of age, creed, ethnicity,
race, gender, gender identity, physical ability, political views, religion,
sexual orientation, socio-economic status or other differences. Whether intent
is present in the violation shall be determined by consideration of all the
relevant circumstances.
105.07
Exclusion
from Areas of the Campus or from Official university functions:
Exclusion of a student as part of a disciplinary sanction from specified areas
of the campus or other university-owned, -operated, or -leased facilities, or
other facilities located on university property, or from official university
function, when there is reasonable cause for the university to believe that
the student's presence there will lead to physical abuse, threats of violence,
or conduct that threatens the health or safety of any person on university property
or at official university functions, or other disruptive activity incompatible
with the orderly operation of the campus.
105.08
Interim
Suspension:
Exclusion from classes, or from other specified activities or areas of the campus,
as set forth in the Notice of Interim Suspension, before final determination
of an alleged violation. A student shall be restricted only to the minimum extent
necessary when there is reasonable cause to believe that the student's participation
in university activities or presence at specified areas of the campus will lead
to physical abuse, threats of violence, or conduct that threatens the health
or safety of any person on university property or at official university functions,
or other disruptive activity incompatible with the orderly operation of the
campus. A student placed on Interim Suspension shall be given prompt notice
of the charges, the duration of the Interim Suspension, and the opportunity
for a prompt hearing on the Interim Suspension. Interim suspension shall be
reviewed by the chancellor within twenty-four hours of
affirmation by the vice chancellor, Student Affairs.
If a student is found to have been unjustifiably placed on Interim Suspension,
the university is committed to a policy whereby reasonable efforts are taken
to assist an individual who has been disadvantaged in an employment or academic
status.
105.081
If Interim Suspension is imposed by a responsible official, he/she shall immediately
inform the vice chancellor, Student Affairs (who has been delegated such cases
by the chancellor), the University Police, and submit a written report on the
action to the vice chancellor, Student Affairs.
105.082
The report shall include the student's name and, if available, address, phone
number, and the reason for imposing the Interim Suspension. Within twenty-four
hours of the imposition of the Interim Suspension, the vice chancellor, Student
Affairs shall review the information provided by the responsible official. If
a student is found to have been unjustifiably placed on Interim Suspension,
the university is committed to a policy whereby that student shall not be disadvantaged
in employment or academic status. (See
Section 53.12 of the Handbook: Emergency Suspension.)
If the vice chancellor, Student Affairs does not affirm the Interim Suspension
by the end of the twenty-four hour period, it shall be deemed void and a reasonable
effort shall be made to inform the student who was suspended that the Interim
Suspension is void. Should the Interim Suspension be voided, that shall have
no bearing on university disciplinary proceedings arising from the conduct which
gave rise to the Interim Suspension. Any such disciplinary proceedings shall
be conducted under the normal procedures provided in these policies.
105.083
A student placed on Interim Suspension which is affirmed by the vice chancellor,
Student Affairs, shall be given prompt written notice of the Interim Suspension,
of the conduct which gave rise to the Interim Suspension, and of the opportunity
for a prompt special hearing on the Interim Suspension. The special hearing
must take place within five (5) working days of affirmation of the Interim Suspension.
105.09
Restitution:
A requirement for restitution in the form of reimbursement may be imposed for
expenses incurred by the university or other parties resulting from a violation
of these policies. Such reimbursement may take the form of monetary payment
or appropriate service to repair or otherwise compensate for damages. Restitution
may be imposed on any student who alone, or through group or concerted activities,
participates in causing the damages or costs.
105.10
Other:
Other disciplinary actions, such as monetary fines, community service, enrolling
in classes/workshops, receiving counseling, writing apologies, etc,
or holds on request for transcripts, diplomas, or other student records to be
sent to third parties, as set forth in campus regulations. In
addition to the sanctions noted in this section, other sanctions may be imposed
when, in the opinion of the responsible official, the best interests of the
university would be served.
105.11
Administrative
Holds
may be placed on students' registration, transcript, diploma or graduation to
ensure that students respond to a disciplinary matter, and to enforce certain
disciplinary sanctions. These holds may prevent a student from registering or
graduating, or from receiving copies of his/her diploma or transcripts, pending
the resolution of a disciplinary matter, completion of sanctions resulting from
a disciplinary action or while a sanction of suspension, dismissal, or interim
suspension is in force.
105.12
Monetary
Fines
as assessed as part of a resolution are not to exceed $100.00. This limit does
not apply to fines assessed for parking violations, library fines, OPERS recreation
fines, student organization fines, or any other services provided by the campus
where fines may be assessed.
105.13
Revocation
of Awarding of Degree:
Subject to the concurrence of the Academic Senate, revocation of a degree obtained
by fraud. Such revocation is subject to review on appeal by the chancellor.
105.14
Stay
of Sanction:
The imposition of any sanction may be held in abeyance pending future conduct
or non-compliance with disciplinary sanctions/conditions.
105.15
Academic
Sanctions:
One or more of the following sanctions may be imposed by the instructor of record
for violations involving academic dishonesty (see Appendix G):
a.
no credit or reduced credit for academic work in question;
b.
failing grade or reduced final grade for the course or "No Pass" for the course;
c.
narrative notation or revision;
d.
retaking of examination or resubmission of assignment;
e.
exclusion from course; and
f.
other academic sanctions deemed appropriate to the misconduct.
105.16
Student
Organization Sanctions:
In addition to the above (except for Section 105.15), one or more of the following
sanctions may be imposed for student organization violations:
a.
Revocation of the organization's recognition or revocation of the organization's
officers.
b.
A recognized student organization may be sanctioned when a member or members
of the organization violated university rules or campus regulations with the
knowledge and consent of the organization's officers, or acted in concert with
other members of the organization.
c.
Temporary suspension of university and/or organizational activities, as deemed
appropriate by the director, Student Judicial Affairs, pending the review of
alleged misconduct on the part of the organization and/or its members. This
action may occur prior to the issuance of a summons and the suspension shall
be limited and reasonable given the reported allegations.
106.00
Posting Suspension or Dismissal on Academic Transcripts
When,
as a result of violations of the Policy on Student Conduct and Discipline, a
student is suspended or dismissed, the fact that the discipline was imposed
must be posted on the academic transcript for the duration of the Suspension
or Dismissal. Thereafter, notations of Suspension or Dismissal reflected on
a student's transcript may be removed as set forth in campus regulations.
107.00
INVESTIGATION AND RECOMMENDED SANCTIONS, VOLUNTARY RESOLUTION FOR NON-ACADEMIC
CASES
107.10
Voluntary Resolution of an alleged violation of student conduct policies and
regulations by the responsible official (see
Section 104.21)
and the accused student is encouraged. Normally within three (3) working days
of receiving a report of an alleged violation, the responsible official shall
contact the student involved to discuss the allegations and allow the accused
student the opportunity to provide his/her side of the story. The student shall
be informed of the option to consult with the ombudsman as a resource for clarification
of procedures and options. The responsible official will investigate the allegations
further if necessary, normally within ten (10) working days after meeting with
the accused student. Upon completion of the investigation, the responsible official
may conclude that no further action is warranted, admonish the student (see
Section 104.80),
or may propose sanctions to the accused student. The proposed sanctions will
be drawn from the defined disciplinary sanctions (see
Section 105.00).
Recommended sanctions involving allegations of acts of violence (including sexual
assault or rape) or serious sexual harassment, or that call for Suspension,
Interim Suspension, and Dismissal requires prior notification to the director,
Student Judicial Affairs and the concurrence of the vice chancellor, Student
Affairs after review by the Office of General Counsel.
107.20
The responsible official may designate a member of the faculty or staff to serve
as an investigating officer or may constitute an investigating committee composed
of students, faculty and staff. In such instances, the responsible official
may delegate authority to the investigating officer or committee to: a) follow
the procedures outlined in Section 107.10 to investigate and recommend sanctions
to the accused student; or b) may ask for the findings by the investigating
officer or committee. The responsible official will meet with the accused student
to recommend sanctions of voluntary resolution. Written affirmation of the vice
chancellor, Student Affairs will be obtained when necessary, as described above
in Section 107.10.
107.30
A written record of the investigation and recommended sanctions of voluntary
resolution, if any, shall be prepared by the responsible official within five
(5) working days of any agreement, or last attempt at reaching agreement. A
copy of this record shall be given to the accused student; a copy maintained
in the student's confidential file in the college; and a copy shall also be
submitted to the director of Student Judicial Affairs to be maintained in a
confidential student conduct file (see
Section 109.00, "Maintenance of Disciplinary Records").
The letter shall include the following:
a.
the specific conduct in question including a brief statement of the factual
basis of the charges; the date, time, and place of the incident alleged to have
occurred; and the specific university policies or campus regulations allegedly
violated;
b.
a statement that the student has five (5) working days from the date of the
receipt of the letter to deliver a written request for an appeal to the appellate
officer or deliver a written request for a formal hearing to the director, Student
Judicial Affairs; and,
c.
notification to the student that the ombudsman is available as a resource for
clarification of procedures and options.
To
the extent permitted by law and university policy, a complainant may be informed
of the imposed sanctions.
107.40
If the accused student signs the letter within five (5) working days indicating
that he/she accepts the recommended sanctions, the matter is resolved. If the
accused student declines to sign the letter and does not submit an appeal within
the designated five working days, the recommended sanctions will become effective
and the matter will be considered resolved. Criteria for appeals are delineated
in Section 107.61.
107.50
Notwithstanding the foregoing, in allegations of acts of violence the responsible
official must inform the complainant of the recommended sanctions prior to final
actions being taken by the vice chancellor, Student Affairs. Following receipt
of the recommended sanctions from the responsible official, and following the
conclusion of any appeal by the complainant of these recommended sanctions the
vice chancellor, Student Affairs will act upon the letter of recommended sanctions.
107.60
Appeals Process for Non-Academic Conduct
The
Guidelines for Written Appeals
information sheet and the Appeal
Request Cover Sheet
are available on line at http://www2.ucsc.edu/judicial/
Students are limited to one level of appeal. The following appeal process will
apply for all non-academic disciplinary action:
a.
sanctions issued by a housing officer or designee shall be appealed to the College
Administrative Officer or designee. Sanctions issued by a non-college affiliated
housing unit manager or designee (e.g., Family Student Housing, UTC, UCSC Inn,
Graduate Student Housing, Camper Park) shall be appealed to the director, Residential
and Dining Services;
b.
sanctions issued by a College Administrative Officer or designee shall be appealed
to the director, Student Judicial Affairs;
c.
sanctions issued by the director, Student Judicial Affairs or designee shall
be appealed to the vice chancellor, Student Affairs;
d.
sanctions issued by the vice chancellor, Student Affairs or designee shall be
appealed to the chancellor.
107.61
Criteria for non-academic appeals shall be limited to the following:
a.
whether there is substantial evidence to support the finding(s) of violation
of university policies or campus regulations for which the discipline was imposed;
b.
whether there is evidence which could not be adduced at the time of the original
hearing which is likely to change the result;
c.
whether there was not procedural fairness at the conduct of the hearing; or
d.
whether the sanction imposed was too harsh given the findings of fact.
107.62
Upon completion of review, the appellate authority may affirm, modify, or reverse
the recommended finding(s) and/or sanction(s). No sanctions shall take effect
while the case is under review except as otherwise specified in these policies.
108.00
FORMAL HEARING FOR NON-ACADEMIC CASES
In addition to the appeal process described above, in certain instances, described
below, a student is entitled to a formal hearing prior to the imposition of
sanctions.
108.10
CAMPUS JUDICIAL BOARD: JURISDICTION AND COMPOSITION
a.
Formal hearing of student discipline cases has been delegated by the chancellor
to the vice chancellor, Student Affairs, who will refer requests for hearing
to the director, Student Judicial Affairs or to such other hearing body or officer
as designated by the vice chancellor.
b.
The Campus Judicial Board is appointed by the vice chancellor, Student Affairs
to serve a minimum term of nine months, commencing the first day of Fall Quarter.
The board shall consist of 2 staff members and 3 students. The chair shall be
designated by the vice chancellor, Student Affairs. The students shall be nominated
by Student Committee on Committees (SCOC) and the Graduate Student Association;
at least one student shall be a graduate student. A minimum of three (3) board
members may constitute a hearing panel to hear a case. The panel must include
at least one student member.
108.20
SCHEDULING A FORMAL HEARING
108.21
A student requesting a formal hearing must deliver a written request to the
director, Student Judicial Affairs within five (5) working days of receipt of
the Voluntary Resolution letter from the responsible official. Any formal hearing
will be scheduled by the director, Student Judicial Affairs.
Requests for formal hearings will be granted in those cases where (1) the sanction
issued by the responsible official includes either suspension or dismissal from
the university, or (2) the facts presented in the case are in dispute. Requests
for a formal hearing in other circumstances will be granted or denied at the
discretion of the director, Student Judicial Affairs. Students who fail to comply
with a summons to meet with the adjudicating officer limit their rights of review
to an appeal by the designated appellate officer.
Typically, the hearing may be conducted within ten (10) working days, and the
accused and the responsible official will be notified by telephone or other
expedient means of the date, time, and place. The director, Student Judicial
Affairs or designee shall provide the student with information regarding the
hearing procedure and assistance with the process.
108.22
The student and the responsible official may resolve a case through the terms
of Voluntary Resolution at any time up to the closure of the case.
108.23
In the interest of fairness, and for good cause shown, extensions of time limits
described above may be granted by the associate vice chancellor, Student Affairs.
All parties involved shall be notified as soon as an extension has been granted.
108.30
RIGHTS AND RESPONSIBILITIES
108.31
Due Process: The hearing shall be conducted in a manner consistent with the
requirements of Procedural Due Process (see
Section 103.10):
Procedural Due Process is basic to the proper enforcement of university policies
and campus regulations. Consistent with this requirement, procedures specified
in such regulations shall be appropriate to the nature of the case and the severity
of the potential discipline.
Campus regulations shall provide the following minimum procedural standards
to assure a fair hearing:
a.
written notice to the accused student, including a brief statement of the factual
basis of the charges; the university policies or campus regulations allegedly
violated; and the time and place of the hearing, within a reasonable time before
the hearing;
b.
the opportunity for a prompt and fair hearing, upon the request of the accused
student, at which the university shall bear the burden of proof, and at which
the student shall have opportunity to present documents and witnesses and to
confront and cross-examine witnesses presented by the university, and at which
no inference shall be drawn from the silence of the accused;
c.
access to the hearing record; an expeditious written decision based upon the
findings of fact; and
d.
opportunity for the accused to appeal.
108.32
Rights and Responsibilities at all Formal Hearings: The rights and responsibilities
of the student, the witnesses, the director, Student Judicial Affairs, the responsible
official, Campus Judicial Board, and the vice chancellor, Student Affairs regarding
a formal hearing are delineated below. In cases of violent crime, additional
rights and responsibilities are delineated in Section 108.38.
108.33
The Accused Student:
a.
shall be served with a written notice of the specific charges, the time and
place of the hearing, as indicated in Section 108.31;
b.
may be accompanied by an adviser (who may be an attorney), if the student so
chooses. If the accused student will be accompanied by an attorney as adviser,
the director, Student Judicial Affairs must be notified of this fact at least
five (5) working days prior to the hearing. The university reserves the right
to postpone the hearing for a reasonable period of time to allow consultation
with university General Counsel;
c.
shall speak for him/herself. The role of the attorney or adviser is therefore
limited to assistance and support of the student in making his/her own case;
d.
is entitled to be present throughout the hearing while evidence is being presented
and may remain until the board begins deliberations. If the student does not
attend the hearing or voluntarily leaves during the hearing, the case may be
heard in his/her absence;
e.
shall have the right to produce witnesses and evidence pertaining to the alleged
violations;
f.
shall have the right to confront and cross-examine all witnesses;
g.
shall not be required to give self-incriminating evidence. The student's failure
to testify shall not be used to draw an inference of guilt. If the student testifies,
the university has the right to cross- examination;
h.
shall not be present during the deliberations.
108.34
A Witness:
a.
may exercise the privilege against self-incrimination;
b.
shall restrict testimony to that relevant to the charges specified in the written
notice;
c.
shall be present at the hearing only while giving testimony and while responding
to cross-examination.
d.
shall not be present during the deliberations.
108.35
The Director, Student Judicial Affairs:
a.
shall coordinate the appearance of witnesses and present evidence relevant to
the charges;
b.
shall not be present during the deliberations;
108.36
The Campus Judicial Board Members:
a.
shall disqualify themselves if they have prior knowledge of or involvement in
the case which might bias their judgment.
b.
shall ensure, through the chair, that discussion is restricted to the issue
defined in the written notice of the charges of alleged misconduct. Shall monitor
the process, through the chair, to ensure the maintenance of procedural due
process;
c.
may produce witnesses and evidence at the hearing. May cross-examine any witnesses
produced by the accused or by the university;
d.
shall receive verbal and documentary evidence of the kind which reasonable persons
are accustomed to rely upon in serious matters and may exclude irrelevant or
unduly repetitious evidence;
e.
shall make findings of fact based upon the preponderance of evidence. Preponderance
of the evidence is that evidence which, when fairly considered, is more convincing
than the opposing evidence;
f.
shall make all decisions of findings and recommendations by majority vote of
those members present and casting a vote (abstentions are not counted as votes);
g.
shall submit a report of their findings and recommendations to the vice chancellor,
Student Affairs within five (5) working days after the conclusion of the hearing
or such longer time as may be permitted by the chair. The report will include
the findings of fact about the alleged misconduct and, when the facts constitute
a violation of university policies or campus regulations, a recommendation regarding
a sanction or sanctions to be imposed;
h.
shall audio record the hearing to assist review of testimony. The accused student
may be provided with a copy of the audio tape or transcript at his or her own
expense.
108.37
The Vice Chancellor, Student Affairs:
a.
shall review the report of findings and recommendations of the Campus Judicial
Board;
b.
shall notify the student, the responsible official, and the director, Student
Judicial Affairs in writing of the sanction(s) imposed, if any, within five
(5) working days of receipt of the report of findings and recommendations of
the Campus Judicial Board. When the vice chancellor, Student Affairs imposes
a more serious sanction than recommended by the board, the accused student may
meet with the vice chancellor or designee to discuss the case prior to the implementation
of sanction(s);
c.
the director, Student Judicial Affairs may approve a Voluntary Resolution plan,
prior to the conclusion of the formal hearing, which differs from the initial
offer of Voluntary Resolution made prior to the formal hearing, the vice chancellor
shall explain in writing the rationale for this action to the Campus Judicial
Board;
d.
the vice chancellor may modify the recommended findings or sanctions received
from the Campus Judicial Board;
e.
the sanction(s) imposed by the vice chancellor, Student Affairs shall become
effective five (5) working days after delivery to the student of the notice
of sanction(s).
108.38
Rights and Responsibilities At Formal Hearings Involving Allegations of Acts
of Violence: In such cases, the victim/survivor has the additional rights and
responsibilities listed below:
a.
may consult with and advise the responsible official but may not address the
board or the accused student beyond giving testimony as a witness;
b.
may provide the Campus Judicial Board with a "victim impact statement" at the
end of the proceedings and before deliberation;
c.
must maintain the confidentiality of the proceedings;
d.
may have a support person or advisor present during the formal hearing process;
(Note: if the support person is also serving as a witness for the victim/survivor,
s/he must give testimony and respond to cross-examination prior to being present
as a support person [see
Section 108.34].)
e.
will be allowed to submit a statement to the vice chancellor, Student Affairs
concerning the final result of the hearing. This statement may include proposed
sanctions that would be appropriate in the view of the victim. This statement
must be submitted within three (3) working days from the date of the alleged
victim/survivor's notification;
f.
to the extent as permitted by law and university policy, will be informed of
the sanctions imposed by the vice chancellor, Student Affairs.
108.40
CONDUCT OF THE HEARING
a.
The purpose of the hearing is to establish findings of fact. Therefore, issues
of constitutionality or legality of university or campus policies will not be
considered.
b.
Opening Statements - After the chairperson opens the hearing and explains the
manner in which the hearing will be conducted, including any time limitations,
the opening statements may be presented by the responsible official and the
accused student.
c.
Witnesses - Both sides may present witnesses, with the university first, and
cross-examine all witnesses presented by the other side. The chair can confine
the examination when the range of inquiry becomes excessive. Members of the
Campus Judicial Board may ask questions when needed for clarification. The witness
first undergoes examination by whom ever called the witness. The other party
may then cross-examine the witness on any topic relevant to the issue, even
if it was not brought up in direct examination.
d.
Evidence - Evidence at the hearing is not subject to the same restrictions as
in a court of law. The chair may exclude evidence that is marginally relevant,
or repetitive, or unreliable. Both sides have the right to review all relevant
documents and other evidence presented to the Campus Judicial Board. Therefore,
when submitting evidence three sets should be made; one for each party and one
for the committee.
e.
Closing Statements - the parties are entitled to brief closing summary statements,
or at the discretion of the chair, written closing briefs.
f.
As this is not a court of law, formal court procedure does not need to be followed.
g.
Unless both parties and the chair agree to an open hearing, the hearing shall
be closed. Should the hearing be open, the chair has the right to limit the
number of spectators or exclude spectators from the hearing room at any time
if deemed necessary for safety reasons or the quiet or secure conduct of the
hearing or to protect the privacy of the witnesses.
108.50
APPEAL OF NON-ACADEMIC HEARING DECISION
Within
five (5) working days of delivery of the notice of hearing decision from the
vice chancellor, Student Affairs, the accused student may appeal in writing
to the chancellor. An appeal filed after five (5) working days may be granted
by the chancellor upon a showing of good cause for the delay and a showing that
the appeal was made as soon as possible under the circumstances (see
Section 107.61 for appeals criteria).
108.51
The chancellor may refer an appeal to a designated individual for review and
recommendation. The report of any such designated official shall be made available
to the student.
108.52
Upon completion of review the chancellor may affirm, modify, or reverse the
recommended discipline, or return the case to the vice chancellor, Student Affairs
or the Campus Judicial Board for further proceedings. No sanctions shall take
effect while the case is under review except as otherwise specified in these
procedures.
108.53
If as a result of an appeal of disciplinary sanctions, it is determined that
the student was improperly disciplined, the chancellor shall, if requested by
the student, have the record of the hearing sealed, and have any reference to
the disciplinary process removed from the student's record. In such instances,
the record of the hearing will remain confidential to the extent permitted by
law. The chancellor also may take other reasonable actions to ensure that the
status of the student's relationship to the university shall not be adversely
affected by such disciplinary action.
109.00
MAINTENANCE OF DISCIPLINARY RECORDS
109.10
Confidentiality.
The record of a disciplinary case and all supporting documentation shall be
maintained according to university policies and applicable state and federal
laws concerning maintenance and disclosure of student records, protection of
a student's right of privacy, and the disclosure of personal student information.
All student disciplinary files (including letters of recommended sanctions and
notices of sanctions from the director, Student Judicial Affairs and the College
Provosts) of undergraduates will be maintained by the college administrative
officer at the college to which the student is affiliated. Non-academic disciplinary
files of graduate students will be maintained by the Office of Student Judicial
Affairs; academic disciplinary files will be maintained by the dean of Graduate
Studies. Disciplinary files for students enrolled in University Extension courses
who are not otherwise registered as students at the University of California,
Santa Cruz will be maintained by the dean of University Extension. Disciplinary
files for students enrolled in Summer Session courses who are not otherwise
registered as students at the University of California, Santa Cruz will be maintained
by the Office of Student Judicial Affairs. Responsible officials will provide
copies of all letters of recommended sanctions to the director, Student Judicial
Affairs, where these documents and notices of sanctions will be maintained.
Records may be maintained in hard copy and/or digital image format.
109.20
Duration.
The disciplinary file of a student found responsible for violating campus regulations
(including transcripts or recordings of the hearing) will be maintained as a
disciplinary record by the responsible officials designated above for a minimum
of seven years from the last effective date of sanctions imposed, unless otherwise
determined by the vice chancellor, Student Affairs (e.g., holds, Suspensions,
Dismissals, degree revocation).