UCSD Student Conduct
Regulations Approved for Implementation, Date of Last Revision August
29, 2008
22.00. Student Conduct and
Discipline: 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 UC Policies Applying to Campus Activities, Organization
and Students (“UC Policies”) and UCSD Policies and Procedures
Applying to Student Activities, (“these Policies”).
22.10.Introduction: The UCSD Student Conduct
Code,Sections
22.00through22.23.17.10.ofthese Policies (this "Conduct Code"), provides authorization for the administration of Student discipline. It enumerates
acceptable standards of Student conduct at UCSD. While this Conduct Code
does not include all the definitions or terms found in the University
Policies, or UCSD Policies and Procedures Manual, including theStudent-related
regulations suchs as the Campus Alcohol Use Policy, Time and the Place
and Manner Policy, etc., violations of such policies are, nevertheless,
governed by this Conduct Code.
22.11.Scope of Application:
This Conduct Code applies to
Students as the term Student is defined in Section
11.12 of these Policies. It also applies
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.
22.12. Jurisdiction: The Regents of the University of
California is a corporation that derives authority from
the State of California Constitution, Article
IX, Section 9, which prescribes its powers of
organization and government. This Conduct Code applies to behavior of
Students and UCSD registered Student organizations on
UCSD/University-owned or leased properties or functions located or
conducted on properties that are owned, leasedor administered by UCSD/University. In addition, this Conduct
Code applies to alleged incidents of hazing as described below in
Section
22.16.10.25., regardless of the location(s) of the
alleged hazing incidents. All off-campus conduct attributable to UCSD
registered Student organizations is also subject to this Conduct
Code.
22.12.10. UCSD Authority to Impose
Discipline: The Chancellor
or designee may impose discipline for violations of University policies
or UCSD 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 act(s). Based on the categories listed in the
UCSD non-discrimination policy, sanctions may also be increased for
violations connected with, arising from, or motivated by bias or
hate.
22.12.10.10. The 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.
22.12.10.11. A Student at one campus of the University,
who is accused of violation of UC 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.
22.12.10.12. 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 of the
University directs otherwise.
22.12.10.13. The loss of University employment shall not
be a form of discipline under these Policies. However, when Student
status is a condition of 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 Students judicial records if
that information may be reasonably construed to have bearing on the
Students suitability for a specific employment situation. This section
is also not intended to preclude an employer from terminating a
Students employment outside the disciplinary
process.
22.12.10.14. 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.
22.12.10.15. If, as a result of an official appeal, 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 UCSD or the University shall not be adversely
affected.
22.12.10.16. The results of any disciplinary action by the
University that alleged a forcible or non-forcible sex offense, as
defined in 34 CFR 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 Universitys final determination
with respect to the alleged sex offense; and (2) any sanction that is
imposed against the alleged offender.
22.13. Notice of Inappropriate Conduct:
Whether or not a hearing is
conducted, or disciplinary action is taken, UCSD officials may provide
brief written notice to a Student that his or her alleged behavior may
have violated University policy or campus regulations and that, if
repeated, such behavior will be subject to the disciplinary process. The
Student shall be given the right to submit a brief written response to
the notice which will be retained with a copy of the notice by the UCSD
official. Evidence of the prior alleged behavior as detailed in the
written notice, along with the Students written response, may be
introduced in a subsequent disciplinary action in order to enhance the
penalty.
22.14. Amendments and Modifications to the
Code: Amendments of
this Conduct Code may be proposed to the Director, Student Policies and
Judicial Affairs (SPJA), for review in accordance with Section
12.11. of these Policies.
22.15. Location of Copies of Student Conduct
Code: The text of this
Conduct Code can be found at the SPJA website at
http://ugr8.ucsd.edu/judicial/. Copies of this Conduct Code shall be
made available to Students, without charge, at any of the following
offices:
Student Legal Services
Office
Student Organizations and
Leadership Opportunities Office (SOLO)
College Deans
Offices
Resident Deans
Offices
Office of Graduate
Studies and Research
Office of the Student
Conduct Coordinator
Office of Student Affairs
School of Medicine
Office of Student
Affairs, School of Pharmacy
AS/GSA Advisors
Office
22.16. Standards of Conduct: This Conduct Code applies to behavior
of Students and UCSD registered student organizations on UCSD/University
owned or leased properties or functions located or conducted on
properties that are owned, leasedor administered by UCSD/University. Students and registered
student organizations assume an obligation to conduct themselves in a
manner that is compatible with University policies and UCSD rules and
regulations. Failure of Students and registered student organizations to
conduct themselves in such a manner may subject them to discipline under
this Conduct Code.
22.16.10. Grounds for
Discipline: Discipline may
be imposed for any violation or attempted violation, or aiding or
abetting in a violation or attempted violation of any UC Policies or
these Policies. Violations or attempted violations include, but
are not limited to, the following types of misconduct:
22.16.10.10. Academic dishonesty matters will be processed as specified in the UCSD Academic
Senate Policy on Integrity of Scholarship. All forms of academic
misconduct, including, but not limited to, cheating,
fabrication,
plagiarism,
any
form of bribery or facilitating academic dishonesty should be reported
to the instructor of the course in which the alleged misconduct occurred
and to the Academic Integrity Coordinator (AIC). See http://www-senate.ucsd.edu/manual/appendices/app2.htm#AP14
22.16.10.11. All forms of non-academic dishonesty,
including, but not limited to, fabricating information, any form of
bribery or knowingly furnishing false information or reporting a false
emergency to University or UCSD officials acting in the performance of
their duties.
22.16.10.12. Forgery, alteration, or misuse of any
UCSD or University document, record, key, electronic device, or
identification.
22.16.10.13. Theft of, conversion of, damage to, or
destruction of any UC or UCSD property or property of others while on UC
or UCSD premises, or possession of any stolen property while on UCSD or
University premises when the Student had knowledge or reasonably should
have had knowledge that it was stolen.
22.16.10.14. Theft or abuse of University computers
and other University electronic resources such ascomputer and electronic communications
facilities, systems, and services, and use of University computer and
electronic communications facilities, systems, or services that violates
other University policies or campus regulations, including the Academic
Computing Services (ACS) Acceptable Use Policies. 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.
22.16.10.15. Unauthorized entry to, possession of, receipt
of, or use of any UCSD or University properties, equipment, resources,
or services, including, the use of UCSDs or theUniversity's name, insignia, or
seal. See Appendix BUse of the University's
Name.
22.16.10.16. Violation of policies, regulations, or
rules governing UCSD or University-owned or -operated or leased housing
facilities located on UCSD or University property.
22.16.10.17. Physical assault, or threats of violence, or
conduct that threatens the health or safety of any person, including
ones self.
22.16.10.18. Battery, defined as any unwanted touching, physical
abuse, or fighting including, but not limited to, conduct that results
in the injury of another.
22.16.10.19. Sex offenses committed by force or
without consent, including, but not limited to, rape, sexual assault or
sexual battery.
22.16.10.20. Sex offenses committed without force
or by consent, but in violation of law, including, but not limited to,
statutory rape and incest.
22.16.10.21. Unlawful conduct of a sexual nature
including, but not limited to, indecent exposure, prostitution,
voyeurism or loitering for the purpose of soliciting or engaging in any
lewd act or conduct.
22.16.10.22. Sexual
Harassment(As defined in UC Policies
Section
160.00and UCSD Policies and Procedures Manual, Section 200-10)
a. In any
allegation of a violation of the Sexual Harassment Policy by any Student
or registered student organization, UCSD officials must consult
with the
Office of Sexual Harassment Policy and Prevention, and should consult
with the Director, SPJA. Incidents of alleged sexual harassment
must be assessed in accordance with UCSD PPM 200-10 PROCEDURES FOR
SEXUAL HARASSMENT COMPLAINT RESOLUTION,
which is incorporated into the UCSD Policies and Procedures Applying
to Student Activities as Appendix G available electronically at
http://adminrecords.ucsd.edu/ppm/docs/200-10.pdf.
b. In
general, a charge of harassing conduct can be addressed under these
Policies only when the University can reasonably be expected to have
some degree of control over the alleged harasser and over the
environment in which the conduct occurred. Students suspecting
that they are the victim of sexual harassment are encouraged to report
the matter to University officials, such as the Dean of Students and
the
Director of the Office of Sexual Harassment Prevention and Policy. For
the purposes of this Conduct Code, an act of sexual harassment is defined
as follows:
Sexual harassment is unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature, when submission to or
rejection of this conduct explicitly or implicitly affects a persons employment
or education, unreasonably interferes with a persons work or educational performance,
or creates an intimidating, hostile or offensive working or learning environment.
In the interest of preventing sexual harassment, the University will respond
to reports of any such conduct.
Sexual harassment may include incidents between any members of the University
community, including faculty and other academic appointees, staff, coaches, housestaff,
students, and non-student or non-employee participants in University programs,
such as vendors, contractors, visitors, and patients. Sexual harassment may occur
in hierarchical relationships or between peers, or between persons of the same
sex or opposite sex.
In determining whether the reported conduct constitutes sexual harassment, consideration
shall be given to the record of the conduct as a whole and to the totality
of the circumstances, including the context in which the conduct
occurred. This policy covers unwelcome conduct of a sexual nature. Consensual romantic
relationships between members of the University community are subject
to other University policies, for example, those governing faculty-student
relationships are detailed in the Faculty Code of Conduct. While
romantic relationships between members of the University community
may begin as consensual, they may evolve into situations that lead
to charges of sexual harassment, subject to this policy.
Harassment that is not sexual in nature but is based on gender, sex-stereotyping,
or sexual orientation also is prohibited by the Universitys nondiscrimination
policies if it is sufficiently severe to deny or limit a persons
ability to participate in or benefit from University educational
programs, employment, or services. While discrimination based on
these factors may be distinguished from sexual harassment, these
types of discrimination may contribute to the creation of a hostile
work or academic environment. Thus, in determining whether a hostile
environment due to sexual harassment exists, the University may take
into account acts of discrimination based on gender, sex-stereotyping,
or sexual orientation.
22.16.10.23. 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 UCSD Student
Conduct Coordinator (“SCC”) or the appropriate Dean of Students (“Dean”)
in consultation with the SPJA Director, to seriously alarm, torment,
or terrorize the person, and serves no legitimate purpose.
22.16.10.24. Harassment by a Student of any person.
a. For purposes of this Conduct Code,
(“harassment”):
1.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, alienage, 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;
2.
Must target a specific person or persons; and
3. Must
be addressed
directly to that person or persons.
b. Prior
to applying this provision of policy to any Student conduct, UCSD
officials must consult with the SPJA Director. The Director, in
turn, is required to consult with the Office of General Counsel
regarding the proper interpretation and application in light of the
specific circumstances.
22.16.10.25. Participation in hazing or any method
of initiation or pre-initiation into a registered Student or campus
organization or other activity engaged in by such organization or
members of such 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.
22.16.10.27. Disorderly conduct not involving drugs and
alcohol,including, but not limited to, unauthorized gambling,
loud and unreasonable noise that serves no legitimate purpose,
challenges to fight, or conduct which creates a hazardous condition,
excluding alcohol and/or drug induced behavior.
22.16.10.28. Participation in a disturbance of the peace
or unlawful assembly including, but not limited to, inciting to riot,
rioting, or failure to disperse.
22.16.10.29. Failure to identify oneself to, or
comply with directions of, an identified UCSD, University official, or
other public official acting in the performance of his or her duties
while on UCSD or University property or at official UCSD or University
functions; or resisting or obstructing such UCSD or University or other
public officials in the performance of, or the attempt to perform, their
duties.
22.16.10.30. Disorderly conduct involving drugs and
alcohol such as, but not limited to, disorderly conduct induced by
alcohol and/or a controlled substance as identified in Federal and State
law or regulations, or unlawful manufacture, distribution, dispensing,
possession, use, or sale of, or the attempted manufacture, distribution,
dispensing, or sale of alcohol and/or controlled substances, as
identified in Federal and State law or regulations.
22.16.10.31. Possession, use, storage, or
manufacture, or attempted possession, use, storage, or manufacture, of
fireworks.
22.16.10.32. Possession, use, storage, or
manufacture, or attempted possession use, storage, or manufacture, of
explosives, firebombs, or other destructive devices.
22.16.10.34. Violation of the conditions contained
in the terms of a disciplinary action imposed under UC Policies Section
100.00, and these Policies Section
22.00.
22.16.10.35. Violation of orders issued pursuant to these
Policies, Section 21.10. or
violation of the conditions contained in a written Notice of Emergency
Suspension issued pursuant to these Policies, Section 21.11., during a
declared state of emergency.
22.16.10.36. Selling, preparing, or distributing, for any
commercial purpose, course lecture notes or video or audio recordings of
any course unless authorized by UCSD or 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 UC, Section 100.00, and
these Policies, Section 22.00,
whether or not it was the Student or someone else who prepared the notes
or recordings.
22.17. Reporting Complaints of Alleged
Student Misconduct:
Anyone may report any alleged Student misconduct. Cases involving
alleged non-academic misconduct of Student shall be referred to the SCC,
or Student Conduct Officer (“SCO”), within one year from the date of
incident, unless an exception is made by the Vice Chancellor Student
Affairs (“VCSA”) due to extenuating circumstances.
22.17.10. Any conduct believed to violate UCSD
regulations and/or Federal or state laws or local/municipal codes should
be reported directly to theCollege Dean or SCO, such as Resident
Dean or other university officials, e.g., SCO, UCSD Police, or other law
enforcement agencies, or the SCC.
22.17.11. Reports/complaints of misconduct relating to
Students enrolled at the same college should be processed within the
college. If such allegations and supporting information are presented to
an official other than the College Dean or designee, then the
allegations and supporting information will be forwarded as received to
the appropriate College Dean, or designee, for processing.
22.17.12. Reports/complaints of misconduct involving
registered UCSD student organizations, or two or more students enrolled
at different colleges, or graduate students, will be coordinated
centrally through the SCC's Office. If such allegations and supporting
information are presented to an official other than the SCC then
the
allegations and supporting information will be forwarded as received
to this Conduct Code or designee for processing.
22.17.13. Reports/complaints of misconduct relating
to students enrolled at the School of Medicine should be reported to the Associate Dean for
Curriculum and Student Affairs for processing in accordance with the
procedures set forth in the UCSD School of Medicine Advisor and Student
Handbook, available in the Student Affairs Office at the School of Medicine.
22.17.14. Violations relating to academic dishonesty should be reported to the instructor
of the course in which the alleged misconduct occurred and to the
Academic Integrity Coordinator (AIC). Academic dishonesty matters
will be processed in accordance with the Procedures For The Resolution
of Academic Dishonesty Cases set forth in the UCSD Academic Senate
Policy on Integrity of Scholarship. See http://www-senate.ucsd.edu/manual/appendices/app2.htm#AP14.
22.18. Roles and Responsibilities for
Processing Complaints
22.18.10. Delegation of Authority: All disciplinary matters processed by
the Dean, or the SCC, are under the authority of, and direct delegation
from the Chancellor through the VCSA.
22.18.11. Roles/Responsibilities of the
SCC:
22.18.11.10. The SCC shall coordinate central
processing of reports/complaints of alleged misconduct involving
registered student organizations, graduate students, Extension students,
or two or more undergraduate students enrolled at different
colleges. The SCC shall receive, assess, and investigate all such
reports/complaints to determine the applicability, if any, of this
Conduct Code to the conduct described therein. If necessary to initiate
charges, the SCC will meet with the accused Students, complainant(s),
witnesses or others to determine if there are sufficient facts to
initiate charges for a violation of this Conduct Code by the accused
Student.
22.18.11.11. Upon completion of assessment or
investigation of the report/complaint, the SCC shall dismiss the
report/complaint or prepare and forward a brief written notice of
allegations to the accused Student. The notice shall include a
brief statement of the factual basis of the charges and the University
policies or UCSD regulations allegely violated. It will also
inform the Student of the procedures for processing complaints and of
the availability of assistance through the Student Legal Services Office
and the A.S. Office of Student Advocacy. A copy of the notice and
the complaint file will be forwarded to the appropriate Dean or SCO for
further processing.
22.18.11.12. The SCC or designee shall prepare and
present all cases referred by the Dean for formal hearing.
22.18.11.13. The SCC shall have oversight
responsibilities for the administration of all Student conduct cases,
including, but not limited to, the compilation, reporting and
maintenance of statistical data.
22.18.11.14. The SCC shall be responsible for the
logistical arrangements of hearings for cases referred to the SCC by the
Dean.
22.18.11.15. The SCC, in conjunction with the
Council of Deans or designee, the Student Legal Services Director, and
the A.S. Commissioner of Student Advocacy will be responsible for the
training of hearing board members.
22.18.12. Roles/Responsibilities of the Dean
of Student Affairs:
The term dean (“Dean”) as used in this Conduct Code means the Dean
of Student Affairs or designee of the college where the accused Student
is enrolled or registered or, in the case of graduate students, the
Assistant Dean for Student Affairs of the Office of Graduate Studies
and Research or, in the case of medical students, the Associate Dean
for
Curriculum and Student Affairs of the School of Medicine or, in the case
of pharmacy students, the Associate Dean for Student Affairs at the
School of Pharmacy or, in the case of UCSD Extension, the Associate Vice
Chancellor for Public Programs or designee.
22.18.12.10. When complaints of alleged misconduct
are reported directly to the Dean, the Dean shall assess the
complaint(s)/reports of alleged Student misconduct involving Students
from her/his jurisdiction. The Dean shall conduct an informal
investigation as deemed necessary to determine if there are sufficient
facts to support the charge that a violation of this Conduct Code by the
accused Student may have occurred, and schedule a meeting with the
Student to attempt to reach an informal resolution. The Dean may
also refer the case to a hearing body or hearing officer for a formal
hearing or, in her/his discretion, to the Resident Dean, SCC, or other
SCO for disposition in accordance with this Conduct
Code.
22.18.12.11. Upon completion of assessment or
investigation of the report/complaint, the Dean shall either dismiss the
report/complaint or prepare and forward a brief written notice of
allegations to the accused Student. The notice shall include a
brief statement of the factual basis of the charges and the University
policies or UCSD regulations allegedly violated. It will also inform the
Student of the procedures for processing complaints and of the
availability of assistance through the Student Legal Services Office and
the A.S. Office of Student Advocacy. When appropriate, a copy of
the notice and the complaint file will be forwarded to the appropriate
Dean, or SCO, for further processing. The notice shall comply with
Section 22.17 of this Conduct Code.
22.18.12.12. The Dean or SCO shall be responsible
for the maintenance of disciplinary files, the imposition and
administration of sanctions, and the provision of the statistical data
to the SCC for the compilation, reporting and maintenance of statistical
data on Student misconduct. Note that PPM
160-2 describes the policies and procedures regarding the
circumstances under which Student records may be released and PPM
480-3 describes the policies and procedures regarding the
disposition or destruction of records.
22.18.12.13. When cases of alleged misconduct are
forwarded from the SCC to the Dean, the Dean will schedule a meeting
with the accused Student to review the Student conduct procedures and
explore informal resolution.
22.18.12.14. If the accused Student accepts
responsibility,the Dean shall
then impose sanction(s) as deemed appropriate.
22.18.12.15. If a Student does not accept
responsibility, or if informal resolution is not reached, the Dean shall
refer the matter to a formal hearing before an appropriate hearing body,
or a hearing officer, or return the complaint file to the SCC for
disposition as deemed appropriate by the Dean.
22.18.12.16. If, upon the completion of a formal
hearing, the accused Student is found responsibleby a hearing
board or hearing officer, the complaint will be forwarded to the
appropriate Dean for imposition of sanction(s).
22.18.12.17. On a rotating basis, a Dean will be
designated to serve as the advisor and support staff resource for the
Campuswide Judicial Board for a term of two (2) years.
22.18.12.18. The Dean will notify the SCC of the
final disposition of all cases at the end of each academic quarter for
the compilation, reporting and maintenance of statistical
data.
22.19. Procedures for Processing
Complaints: These procedures
are intended to promote a fair and impartial process.
22.19.10. Notice To Student: Within twenty (20) academic days from
the date received, unless circumstances make this unreasonable, the Dean
shall determine whether the complaint will be dismissed or will
be
processed and, if processed, notify the Student in writing, by U.S. Mail
sent to the current address of record at the UCSD Registrar’ Office,
with the option of also sending the notice to the Student’s UCSD e-mail
address, of the following:
22.19.10.10. A brief statement of the factual basis
of the charges, including the time, date, and place the conduct is
alleged to have occurred, and the University policies or UCSD
regulations allegedly violated, and
22.19.10.11. The Student conduct procedures, which
may be accomplished by enclosing a copy of these procedures or by
providing the URL of this Conduct Code published on-line, and a copy of
the Essential Information document containing a summary of these
procedures, including the process for the accused Student to access
evidence that will be used at a hearing against the Student, and noting
the availability of copies of this Conduct Code as described in Section 22.15of
this Conduct Code, and
22.19.10.12. The availability of assistance through
Student Legal Services and the A.S. Office of Student Advocacy;
and
22.19.10.13. A statement clearly indicating the
number of days the Student has to respond to this notice, within ten
(10) academic daysper Section 22.19.11.,
below, and the name, telephone number and relevant contact information
of the Dean the accused Student is required to contact.
22.19.11. Student Response: The Student has ten (10) academic days
from the date appearing on the letter of notification to contact the
Dean, or SCO, for the purpose of scheduling an initial interview.
22.19.12. Student Failure To
Respond: The Dean may
continue to process the case to final disposition in accordance with
these regulations, up to and including imposing sanctions, if, after
diligent efforts by the Dean to contact the Student, such as attempted
phone and e-mail contact, the Student fails to respond or refuses to
participate in or cooperate with the disciplinary process, including,
but not limited to, withdrawal from the course, or from UCSD, or failing
to re-register while his/her case is pending. Where the Student has
withdrawn or failed to re-register, the Dean's decision imposing
sanctions shall take effect immediately and/or upon the Student's
re-enrollment, as appropriate. The Student who is subject to such
sanction may appeal the decision as provided for in Section 22.20., below. Any
such appeal must be in writing and set forth reasonable grounds for the
Student's non-cooperation or failure to respond to the notice from the
Dean or the failure to re-register during the original process. The
College Provost, the Graduate Dean, or the Dean of School of Medicine,
or the Associate Vice Chancellor for Public Programs, may affirm the
original sanction for his/her respective Student, or may refer the case
back to the appropriate Dean for processing in accordance with this
Conduct Code as described beginning in Section 22.19.13.,below.
22.19.13. Meeting with the Dean or SCO to
Explore Informal Disposition of the Complaint of Student
Misconduct: Whenever
possible, matters relating to alleged Student misconduct should be
resolved informally. Formal hearing procedures shall be used when
informal resolution is either not possible or appropriate, or when
requested by a Student. In addition, the Dean may, in her/his judgment
and discretion, determine that the matter should be submitted directly
to the formal hearing process or referred to the SCC for further
review and/or investigation.
22.19.14. Initial Meeting/Interview between
the Dean or SCO and the Accused Student: The Dean or SCO shall make diligent
efforts to meet with the Student to explore informal resolution of the
charge(s). At this initial meeting, the Dean or SCO shall;
22.19.14.10. Describe to the Student the factual
basis of the charges and the University policies or UCSD regulations
allegedly violated, hear the Student's response to the allegations, and
counsel the Student as appropriate.
22.19.14.11. In accordance with UCSD policies
relating to the disclosure of University/UCSD records, provide the
Student with access to and, if requested by the accused Student, provide
copies of documents in the possession of the Dean, including police
reports that are to be used as evidence.
22.19.14.12. Provide the Student a written
Informal Resolution Agreement of the proposed sanction(s) to be
imposed by the Dean.
22.19.14.13. Determine whether the matter should be
referred to a hearing board or a hearing officer for formal hearing, or
referred to the SCC for further inquiry.
22.19.15. Informal
Resolution:
22.19.15.10. Informal resolution is entirely voluntary,
intended to promote open dialogue between deans and Student. Any
statement made by the Student to the dean during the informal resolution
process regarding the violation(s) at issue may not be used at the
formal hearing concerning those violations against that Student. The
accused Student may also choose to be assisted by a student advocate
appointed by the ASUCSD Commissioner of Student Advocacy from a
pool of Student advocates who shall be trained jointly by the SCC and
the Director of the Student Legal Services Office. The student advocate
may serve as the advisor, consultant and resource person with whom the
accused may confer during the meeting.
22.19.15.11. Matters resolved inormally will be
confirmed in writing by the Dean and incorporated into an Informal
Resolution Agreement. A copy of this agreement will be provided to
the Student at the informal resolution meeting. The Informal
Resolution Agreement will become effective after the fifth (5th)
academic day from the date of the Agreement.
22.19.15.12. The Student may, at any time prior to
the effective date of the Informal Resolution Agreement, exercise
her/his right to a formal hearing by submitting a written request for a
hearing to the Dean or SCO.
22.19.15.13. If the Student chooses to accept the
informal resolution, but disagrees with the proposed sanction(s), the
Student may submit a written request for reduction of the sanction(s)
prior to the effective date of the Informal Resolution Agreement.
The written request for reduction of the sanction(s) must be submitted
to the appropriate UCSD official as listed in Sections 22.20.10through22.20.13.,
below.
22.19.15.14. Cases arising out of the residence
halls that require a formal hearing may be forwarded to residential life
judicial board(s) if in existence; otherwise they shall be referred to
the college judicial board or a hearing officer at the discretion of the
College Dean. These procedures will be viewed as an alternative
component of the college-based formal resolution process. In such
instances, the processing of these cases must adhere to the provisions
of the UCSD this Conduct Code up to, and including, Section 22.22.,
below.
22.19.16. Formal
Adjudication:
22.19.16.10Jurisdiction
a.
College Judicial Board
1.The College Judicial
Boards will have jurisdiction to hear all non-academic misconduct cases,
forwarded by the College Dean, involving Students from their respective
college.
2. College Judicial Boards will not hear cases involving disciplinary
action against a registered student organization, graduate students,
two or more students from more than one jurisdiction, and Extension
students
who are not concurrently enrolled; disputes regarding the constitution,
by-laws, or other operating documents of the University Centers
Advisory
Board (UCAB), ASUCSD, the Graduate Student Association; or
matters regarding suspected or alleged violations of the UCSD Policy
on Integrity of Scholarship.
3. The composition of the college judicial board shall be determined by the
dean of the college in which it operates. The college judicial board
is to conduct hearings as set forth in Section 22.17.16.16
of these regulations.
b. Campuswide Judicial Board
1.Campuswide Judicial Board
will have jurisdiction to hear any non-academic misconduct matter
referred to it for formal hearing, including, but not limited to, cases
involving graduate Students, registered student organizations, or
two or
more Students from more than one jurisdiction, e.g., two or more
colleges, or one college and OGSR, or a college and University Extended
Studies, etc.
2.Campuswide Judicial Board
shall be composed of the chair of each college judicial board, and
two members appointed by the Graduate Student Association. One (1)
member will serveas the non-voting chair, who shall be elected by the
existing Campuswide Judicial Board each Spring for a one-year term
beginning the following Fall Quarter. The Dean of the Student
elected chair shall appoint a Student to serve on the judicial board
as a voting member in place of the Student elected chair. A College
Dean
appointed by the Council of Deans (“COD”) will serve as an advisor to
this board and shall be present during any proceedings.
3.In the event of the
unavailability of a full complement of voting members, formal hearings
conducted by the Campuswide Judicial Board may be conducted by less than
a full board, but by no fewer than five (5)voting members, plus the chair.
4.The Dean advising the Board shall not be the Dean of the accused Student.
c. The
Dean, or the Director, SPJA in appropriate cases, in the best interests
of a fair and timely hearing, may appoint a hearing officer in lieu
of a judicial board.
d. If it becomes necessary
for a hearing to be held during the summer session, any vacation period,
or whenever it is deemed appropriate, the Dean or the Director, SPJA may
appoint additional temporary members to an existing hearing body(ies) to
replace unavailable members, allow the hearing to proceed with less than
a full judicial board, appoint an ad hoc hearing body, or appoint a
hearing officer to conduct the hearing.
e. The Academic Dishonesty
Hearing Board shall have exclusive jurisdiction to hear all cases of
academic misconduct pursuant to the procedures set forth in Section 22.23 of
these regulations.
22.19.16.11. Procedures for Conducting
the Hearing:
a. Except
as specified in Section 22.23.,
below, this subsection outlines the procedures that apply to academic
and non-academic misconduct disciplinary hearings. Specific rights or
privileges listed in this subsection may be waived by the person(s) or
party to whom they apply. The purpose of these procedures is to
fairly determine the facts so that an appropriate decision can be made
and, if the Student is found to be responsible for the alleged
misconduct, an appropriate disciplinary sanction can be
imposed.
b. Notice
Requirements: Unless the matter has been dismissed, the Dean, or the SCC
in appropriate cases, shall prepare a written notice of the
hearing. This notice shall be delivered in person to the accused
Student or sent by U.S. Mail to the current address of record at the
UCSD Registrar's Office. In addition to personal delivery or by U.S.
Mail, the Dean, or the SCC in appropriate cases, shall send the notice
to the UCSD email address for the accused Student. The notice should
include:
1.
A statement of the factual basis of the charges and, when known, the
time, date, and place the alleged misconduct to have occurred.
2.
The University policies and/or UCSD rules/regulations alleged to have
been violated.
3.
A statement that a hearing has been scheduled before the appropriate
hearing body, e.g., College Judicial Board, or a hearing officer, and
the time and place of the hearing. If the time and place of the hearing
is not known, the notice shall include a statement indicating that a
subsequent notice will be sent specifying same.
c. It shall be conclusively presumed
that the notice of hearing was received by the Student if it was sent to
the Student in the manner specified in Section
22.19.16.11.b., above.
22.19.16.12. Setting A
Hearing:
a. The
hearing shall be scheduled no sooner than ten (10) academic days from
the date of the notice of hearing. The hearing may be held during the
summer or a vacation period, if circumstances warrant. Objections to the
time, date, or place of the hearing must be made in writing by the
Student to the Dean or the SPJA Director in appropriate cases, no later
than two (2) academic days prior to the date of the
hearing.
b. The
accused Student may request a hearing before a hearing board. If the
Dean, or the Director, SPJA, deems this an appropriate request, he/she
shall make all reasonable efforts to accommodate the request before
scheduling a hearing before a hearing officer. Consideration shall be
given to issues of complexity, confidentiality and need for
privacy.
22.19.16.13.Advocates and Attorneys:
a.
In all formal hearings, the accused Student may choose to be represented
by a student advocate appointed by the ASUCSD Commissioner of
Student Advocacy from a pool of student advocates whom the SCO and the
Director of the Student Legal Services Office shall train jointly. The
student advocate may serve as the advisor for the accused and may
represent the accused Student in hearing, but will be expected to comply
with all procedural requirements, including, but not limited to, time,
place and date requirements. In the alternative, the Student may choose
to be assisted by an attorney or any other person with whom the Student
may confer prior to or during the hearing. However, only the accused
Student or designated student advocate may take a direct part in
hearing. An attorney or any other person assisting the accused Student
will be expected to comply with all procedural requirements, including,
but not limited to, time and date requirements. An attorney, a student
advocate or any other person may also assist the Student in preparing an
appeal.
b.
The accused Student must inform
the Dean, or SCC in appropriate cases, at least five (5) academic days
prior to the date of the hearing, of his/her intent to have an attorney
or anyone other than thedesignated student advocate (as
established in subsection a) be present at the hearing.
c.
Where a Student exercises his/her right to be assisted by an attorney,
the Dean, or the SPJA Director in appropriate cases, may refer the
matter (or re-refer) for hearing by a hearing officer. The hearing
officer may also be appointed to serve as the presiding officer if the
hearing is to be conducted before a hearing body as directed by
the
Dean, or the SPJA Director in appropriate cases. The term (“Presiding
Officer”) as used in this Conduct Code shall mean the official appointed
to conduct the hearing, either as the hearing officer or as the chair
of the hearing body who will conduct the hearing, and make rulings
on any
motions or procedural matters raised in connection with the
hearing.
22.19.16.14. Access to Evidence By The
Accused:
a. Upon
request by the accused Student, and in accordance with UCSD policies
relating to disclosure of University records, e.g., PPM 160-2,
orPPM
480, etc., the Dean or designee, or SCC in appropriate
cases, shall provide the accused Student, or their authorized
representative, information which will be presented at the hearing,
including copies of documents as provided in the UCSD student records
policies mentioned above.
b. In
compliance with applicable UCSD and University records policies such
as, but not limited to, PPM
160-2, the UCSD official preparing and/or presenting the
case against the Student shall provide the accused Student, or the
Student’s authorized representative, access to any exculpatory
information in their possession that is related to the
accusations.
22.19.16.15. Pre-Hearing
Conference:
a.
Any party to the hearing may request a pre-hearing conference by
submitting such a request in writing to the presiding officer, the Dean,
or SCC in appropriate cases, at least five (5) academic days prior to
the date of the hearing. The presiding officer, the Dean, or the SPJA
Director in appropriate cases, may also schedule a pre-hearing
conference on his or her own initiative.
b.
At the pre-hearing conference, rulings may be made requiring the UCSD
representative and the accused Student to submit the list of witnesses,
exhibits, and the general facts to which witnesses will testify during
the hearing. (The presiding officer may exclude from the hearing
testimony that he/she deems irrelevant, or unnecessarily repetitive, and
may make other rulings, as he or she deems necessary, to assure that the
hearing is conducted fairly and efficiently.)
c.
During the pre-hearing conference, the presiding officer may solicit and
rule upon any challenges under Section 22.19.16.16.,
below.
22.19.16.16. Hearing
Procedures:
a.
Hearings will normally be treated as confidential and closed to the
public unless othewise agreed to by all accused Student and
participating individuals, including witnesses.
b.
The request to have the hearing be open to the public shall be submitted
in writing to the hearing board chairperson, hearing officer, Dean, or
SCC in appropriate cases, at least five (5) academic days prior to the
date of the hearing.
1.If the hearing is to be
open, the presiding officer, at her or his discretion, will schedule the
hearing in a room that provides reasonable space to accommodate the
participants in the hearing, including UCSD officials as well as members
of the general public.
2.In the event of
interference with the orderly progress of a hearing, the presiding
officer may adjourn the hearing and reconvene it as a closed hearing, or
may exclude the public, except representatives of the public press and
student press. The presiding officer may make any other
reasonable orders concerning the conduct of the hearing.
c. Members of the hearing body or the hearing
officer shall have no involvement with the participants in the hearing
in this case, or in any other case of misconduct involving the accused
Student, or in any other academic or non-academic relationship if such
involvement or relationship would interfere with the hearing officer’s
or hearing board member's ability to render a fair and impartial
judgment or give the appearance of bias.
1.
A member of the hearing body or the hearing officer shall disqualify
himself/herself if he/she believes that, for any reason, he/she cannot
render a fair and impartial decision.
2.
Any party to the hearing may challenge a member of the hearing body or
the hearing officer for stated reasons. Such challenges must be made
prior to the start of the hearing or immediately upon the discovery of
the basis for such a challenge.
3.
The presiding officer may disqualify the challenged member (or
himself/herself, if he/she is challenged) or may overrule a challenge.
Reasons for refusing a challenge shall appear in the record.
4.
In the event disqualifications prevent the convening of the hearing, the
accused Student may waive the right to have the required number of
members of the hearing board present and allow the hearing to
precede. Otherwise, the appropriate Dean, or the SPJA Director in
appropriate cases, shall appoint sufficient alternates who shall serve
for the balance of the proceedings. Alternate hearing board members will
be selected by someone other than the UCSD official presenting the
case. A hearing officer may be appointed to conduct the hearing in
the event that sufficient board members are not available for the
hearing. The hearing may be rescheduled to accommodate this
need.
d. The accused Student is entitled to be
present throughout the hearing. He/she may, however, elect not to appear
at the hearing. Failure to appear at the hearing shall not be cause to
cancel, postpone, or reschedule the hearing. In such an instance, the
hearing shall be conducted in accordance with these
regulations. With the signed consent, and authorization of the
accused Student, an authorized representative may appear at the hearing
in lieu of the accused Student.
e. The hearing body or hearing officer shall
receive and consider oral and documentary evidence of the kind on which
responsible persons are accustomed to rely in serious matters. Formal
rules of evidence, such as, but not limited, to those contained in the
California Evidence Code,
do not apply.
f. Constitutional or other legal objections
made at the hearing shall either be disposed of promptly by the
presiding hearing officer or referred to UCSD Campus Counsel or designee
for determination. However, such referral shall not cause undue delay or
dismissal of the proceeding.
g. Both the UCSD representative and the
accused Student shall have the right to present witnesses and confront
and cross-examine those witnesses present at the hearing. Any member of
the panel or the hearing officer may also question witnesses. Questions
from the panel members shall be limited to clarification of the
information presented by the parties to the hearing or provided by the
witnesses during their testimony before the hearing board. The
presiding officer may require, or either party may request, that
questions for the witnesses be submitted through the presiding officer,
who will then ask the questions to the witnesses, unless the questions
are inappropriate.
1.
By testifying at the hearing, a witness agrees to submit to
cross-examination.
2.
No witness may be compelled to incriminate or bear witness against
himself/herself.
3.
Where a witness is or may become unavailable to testify at a hearing,
the presiding officer may accept written, telephone, video, or audio
recorded statements as evidence in the absence of such witness. Such
evidence should receive only that weight which may reasonably be
accorded to testimony not subjected to cross-
examination.
4.
Witnesses shall be excluded from the hearing, except during the time
they are actually giving their testimony.
h. The accused Student may remain silent and
his/her silence shall not be taken as inference of guilt.
1.
The Dean's or SCC's staff will make a record of the hearing by arranging
for the audio or video recording of the hearing, or by keeping written
minutes summarizing the hearing.
2.
The record of the proceedings shall be kept by the Dean, or SCC in
appropriate cases, and a copy will be provided to the accused Student
upon request in accordance with the UCSD student records policy as
implemented by PPM
160-2.
3.
At the expense of UCSD, a video or audio recording of the hearing, but
not the deliberations, may be made and, if so, must be retained as a
part of the permanent record maintained by the Dean, or SCC in
appropriate cases.
4.
The accused Student may, at his/her own expense, arrange for the making
of a full transcript of the proceedings by a stenographer present at the
proceedings or to transcribe any recording. However, the accused Student
must submit a written request to the presiding officer, the Dean, or SCC
in appropriate cases, at least five (5) academic days prior to the
hearing. In addition, the transcript shall be considered to be a UCSD
document subject to the UCSD student records policy and
regulations.
5.
If either party makes a transcript, copies shall be made available to
the other party for the cost of the copy or ten cents per page,
whichever is less.
6.
The failure to record all or part of a proceeding, whether because of a
malfunctioning recorder or other reason or reasons, shall not be grounds
for invalidating the proceeding or any part thereof.
i. Other than for the purpose of the official
record as provided for in Section 22.19.16.16.h.,
above, mechanical, electronic, or other devices for recording or
broadcasting shall be excluded from the hearing.
j. Hearings shall be concluded with
reasonable speed so as not to create unnecessary hardship for the
hearing body, the accused Student, the UCSD representative(s), or the
witnesses.
k. Deliberations of the hearing officer or
hearing body shall always be confidential and conducted in private and
out of the presence of the public, the accused Student and UCSD
officials presenting the case and all others present who are not members
of the hearing body.
l. The findings and recommendations of the
hearing body or hearing officer shall be based solely upon evidence
presented at the hearing prior to the commencement of deliberations by
the hearing body.
m. Findings and recommendations of the
hearing officer or hearing body shall be based on the "preponderance of
the evidence" standard defined as follows:
"Preponderance of the
evidence is generally that evidence which, when fairly considered,
produces the stronger impression and has the greater weight, and is more
convincing as to its truth when weighed against opposing evidence."
n. The decision of the hearing body shall be
determined by a simple majority of voting members. Abstentions are not
permitted in the voting process.
22.19.16.17. Report by Hearing
Officer/Hearing Body:
a. Presiding Officer’s Report:Within
ten (10) academic days after the conclusion of the hearing, the hearing
body, through its presiding officer, shall submit a report to the
Dean
or the SPJA Director in appropriate cases. The Dean, or SPJA Director,
may for good cause, extend the timefor submitting the report. The
responsibility of the hearing board, or a hearing officer, is only to
determine whether the accused Student violated this Conduct Code,
as
charged. In appropriate cases, however, the Dean or SPJA Director may
request recommendations as to any sanction(s) to be imposed. The
report
shall include findings as to each of the charges and, when requested,
recommended sanction(s) based on the findings.
b.Action on the
report: Within five (5) academic
days after receipt of the hearing body's or hearing officer's findings,
when the Student is found not responsible, the Student will be given
notice of this fact by the Dean that the matter will be dismissed
without any further consequence to the Student. When the Student is
found responsible, the Dean has the following options:
