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22.00 Student Conduct Code

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Student Conduct Code changes for 2013–14 academic year
Effective date: Sept. 15, 2013

Review the updated Code below, or download these PDF documents:

I. INTRODUCTION

The UC San Diego community includes students, staff, faculty, and others who have a vested interest in the University. Members of our community, part of the larger University of California community, pride themselves on academic, personal, and professional excellence and value integrity, accountability, and respect. This Student Conduct Code underscores the pride and the values that define our community while providing UC San Diego students with a framework to guide their actions and behaviors.

UC San Diego's Principles of Community further illustrate the expectations of all members of our community. In accordance with these Principles, the community supports student development and learning across the UC San Diego campus, six undergraduate colleges, and graduate/professional schools.

We also recognize the impact our unique college structure has in blending the strengths of a small college with the resources and opportunities of a large research university. This structure allows students, faculty, and staff to positively impact both the individual college and greater University communities.

This Code sets forth the applicable standards of our community and authorizes the administration of student conduct at UC San Diego. All participants involved with the student conduct process are encouraged to reflect upon their role in the community and seek out opportunities for personal growth and development. It is an aspiration that students involved in this process will strengthen their competencies in communication, relationships, leadership, critical thinking, and active citizenship.

By adapting or inserting the actual language of the Policy on Student Conduct and Discipline (Section 100.00) of the University of California Policies Applying to Campus Activities, Organizations and Students, this Code remains consistent with the system wide Policy. The complete Policy can be found at UCOP's website.

II. DEFINITIONS

For the purpose of this Code, the following definitions apply:

A. "Administrative Resolution" means a meeting between a Respondent and a Student Conduct Officer to resolve alleged violations of this Code without a Student Conduct Review.

B. "Advisor" means a person chosen by the Respondent or Complainant to assist him/her with an Administrative Resolution meeting or Student Conduct Review. Advisors include UC San Diego students, faculty, or staff, Associated Students (A.S.) or Graduate Student Association (GSA) Student Advocates, and attorneys.

C. "Business days" means weekdays but excludes weekends, University holidays, and days when the Chancellor has determined that the campus will be closed for business.

D. "Chair" means the UC San Diego student, staff or faculty member responsible for facilitating the procedures of a Student Conduct Review.

E. "Complainant" means any person who submits a report of alleged violations of this Code.

F. "Conduct Board" (Board) means a group of students or students, faculty, and staff authorized to resolve violations of this Code through a Student Conduct Review.

G. "Conduct Board Coordinator" refers to the UC San Diego staff or faculty member appointed by the relevant Dean or the Director of Student Conduct to assist the Chair of a Conduct Board with Review procedures.

H. "Dean" means the UC San Diego staff or faculty member or his/her designee responsible for overseeing student conduct matters of an undergraduate college, residential area, the Office of Graduate Studies, the School of Medicine, the Skaggs School of Pharmacy, or UC San Diego Extension.

I. "Guest" means a person to whom a Student has extended an invitation to come to University Grounds and Facilities or to University-Supported Activities.

J. "Interim Action" means the temporary suspension or termination of a Respondent's privileges on an interim basis before a final determination. Such actions include Interim Suspensions, separation of parties, and changing of class schedules.

K. "Member of the University Community" means students, faculty, or staff, or other persons affiliated with the University.

L. "Multi-Area Incident" means an incident where all Respondents are not residents and/or registrants of the same residential area or college.

M. "Preponderance of the Evidence" is the evidence standard of this Code. Preponderance of the Evidence means that it is "more likely than not" that a Respondent violated this Code. In this context, the Respondent will be found to be responsible for the alleged violations if the Student Conduct Officer, Review Officer, or Conduct Board concludes that the University has shown that such conduct more likely than not occurred based on careful review of all information presented.

N. "Reasonable Cause" means that there is sufficient evidence to allege that a Respondent has violated this Code. Evidence is sufficient if a reasonable person would believe that further inquiry into whether a violation occurred is warranted.

O. "Respondent" means any Student or Student Organization who has been alleged to have violated any portion of this Code.

P. "Review Officer" means a University Official authorized on a case-by-case basis by the Director of Student Conduct to resolve violations of this Code through a Student Conduct Review.

Q. "Student" means an individual for whom the University maintains student records and who:

1. is enrolled in, or registered with an academic program of the University;
2. has completed the immediately preceding quarter, is not presently enrolled, and is eligible for re-enrollment; or
3. is on an approved educational leave or other approved leave status, or is on filing-fee status.

R. "Student Conduct Officer" means a University Official authorized on a continuing basis by the Dean or his/her designee or the Director of Student Conduct to conduct Administrative Resolution meetings and/or Student Conduct Reviews with a Respondent alleged to have violated this Code and to assign or recommend sanction(s). Student Conduct Officers typically include Deans, Assistant Deans, Resident Deans, Assistant Resident Deans, and the Director of Student Conduct.

S. "Student Conduct Regulations" mean the complete set of policies that govern student conduct matters at UC San Diego. (See http://students.ucsd.edu/student-life/_organizations/studentconduct/ regulations/index.html).

T. "Student Conduct Review" (Review) means a formal review with one or more Respondents and a Conduct Board or Review Officer to resolve alleged violations of this Code.

U. "Student Conduct Standards Group" means the group of students, faculty and staff entrusted with considering revisions and changes to the Student Conduct Regulations.

V. "Student Organization" means a group of undergraduate and/or graduate students who are recognized as a college student organization by the Dean or Provost of their respective college or who have successfully registered as a student organization with the Center for Student Involvement.

W. "University" means the University of California and includes all campuses (e.g. UC San Diego), the Office of the President, the Division of Agriculture and Natural Resources, and each Department of Energy Laboratory operated by the University.

X. "University Grounds and Facilities" means any University-owned, -operated or -maintained property, including all University grounds and structures or such other property as shall be designated by a campus as property subject to University Policies.

Y. "University Official" includes any person employed by the University performing administrative, professional, research, teaching, or para-professional responsibilities.

Z. "University Policy" means the written regulations of the University, including, but not limited to, this Code, the Student Conduct Regulations, the Policy and Procedure Manual, and other published University Policies.

AA. "University Representative" means a University Official designated by the Director of Student Conduct or his/her designee to present information and question witnesses on behalf of the University at Student Conduct Reviews.

BB. "University-Supported Activity" means any activity on- or off-campus which is initiated, funded, authorized, or supervised by the University.

CC. "Unlawful assembly" means two or more people assembling together to commit an unlawful act, or a lawful act in a violent, boisterous, or tumultuous manner, as defined by state law.

DD. "Weapon" means any object or substance designed to inflict a wound, cause injury, or incapacitate including, but not limited to, firearms, projectiles, pellet guns, chemicals, and knives. This definition also includes any harmless instrument that could reasonably appear to a reasonable person as being a weapon.

EE. The terms "will" or "shall" are used in the imperative sense; "may" is used in the permissive sense. 

III. AUTHORITY

The Regents of the University of California and the University of California Office of the President delegate the authority to administer the student conduct process to the Chancellor of each University of California campus. At UC San Diego, the Chancellor entrusts the Vice Chancellor – Student Affairs or her/his designee with the implementation of this process. The Vice Chancellor – Student Affairs administers and oversees the policies and procedures contained in this Code except those which are specifically delegated to other Vice Chancellors.

IV. JURISDICTION

This Code applies to the non-academic student conduct of UC San Diego Students and registered Student Organizations that occurs on University Grounds and Facilities, at University-Supported Activities, and to off-campus conduct that adversely affects the UC San Diego Community and/or the pursuit of the University's objectives as determined by the Vice Chancellor – Student Affairs. This Code applies to a Student's conduct even if the Student withdraws from the University while a student conduct matter is pending.

A. The University will not routinely invoke the processes described in this Code over non-academic student conduct that occurs off-campus except in connection with an official University-Supported Activity. However, under limited circumstances, the University has the discretion to exercise jurisdiction over off-campus conduct that would violate this Code or other University Policies if it occurred on-campus.

B. This Code applies to alleged incidents of hazing as described in Section VII (K) below regardless of the location(s) of the alleged hazing. Additionally, jurisdiction may be exercised over offcampus conduct meeting the criteria described in Section IV (D) below where the alleged offcampus conduct includes, but is not limited to:

1. Sexual assault, physical assault, battery, threats of violence, or conduct that threatens the health or safety of any person;
2. Stalking, sexual harassment, harassment1 or unwanted personal contact;
3. Illegal possession or use of weapons, explosives, or destructive devices;
4. Illegal manufacture, sale, or distribution of controlled substances; or
5. Hate crimes as defined by California law.

C. All requests to exercise off-campus jurisdiction will be submitted by the Director of Student Conduct to the Vice Chancellor – Student Affairs, who will have the exclusive authority to extend jurisdiction under this Code. The decision by the Vice Chancellor – Student Affairs is final and not subject to appeal.

D. In determining whether or not to exercise jurisdiction over off-campus student conduct, the Vice Chancellor – Student Affairs will consider the totality of the circumstances, including the following factors:

1. The seriousness of the alleged conduct;
2. The impact of the conduct on any member of the University community or the campus as a whole;
3. Whether the alleged victim is a member of the University community;
4. The ability of the University to gather information, including the testimony of witnesses;
and
5. Whether the off-campus conduct is part of a continuing course of conduct that occurred either on- or off-campus.

E. A Student at one campus of the University of California, who is accused of violating University Policies or campus regulations on another campus of the University or at an University-Supported Activity at that campus, will be subject to the disciplinary procedures of either campus after consultation between the staff member(s) responsible for the student conduct processes at both campuses. The designated staff member(s) will determine which campus will handle the report of alleged violations and assignment of sanctions. However, the assignment of any recommendations for sanctions arising from these procedures must be reviewed and approved by both campuses before the sanctions are assigned.

F. The University of California Police Department may share information with the Office of Student Conduct regarding on- or off-campus student conduct that may violate this Code. Off-campus incidents may be evaluated with the factors stated in Section IV (D) above in determining whether to exercise jurisdiction over the off-campus conduct.

V. INTERPRETATION OF REGULATIONS & APPLICABILITY

This Code serves as a general notice of our community standards. It is not written as specifically or practiced in the same way as local, state, or federal law. As such, it should be viewed as a framework to educate through an accountability process. Additionally, conduct prohibited by this Code may or may not violate local, state, or federal law, and the University may address such conduct independent of and/or concurrently with other legal proceedings.

A. This Code applies to all UC San Diego undergraduate, graduate, professional school, and Extension Students as defined in Section II (Q) above. Additionally, this Code also applies to:

1. Applicants who become Students, for alleged violations committed as part of the application process;
2. Applicants who become Students, for alleged violations committed on campus and/or while participating in University-Supported Activities that take place following a Student's submittal of the application through his or her official enrollment; and
3. Former Students for alleged violations committed while a Student.

B. This Code supersedes any and all previous versions of this Code and serves as the official reference for all student conduct matters at UC San Diego. All matters of student conduct at UC San Diego will be handled in accordance with this Code, unless superseded by a specific procedure of a professional school or program under the purview of the University. In such instances, professional schools or programs may hold students accountable based on school or program-specific policies.

C. The Policy on Integrity of Scholarship governs all instances of academic misconduct. However, this Code applies to non-academic student conduct (e.g. falsifying documents, furnishing false information) discovered as part of an academic misconduct incident.

D. Reports of alleged violations involving sex offenses, including sexual assault and sexual misconduct, will be handled under the policies and procedures set forth in the UC San Diego Student Sex Offenses Policy.

E. Reports of alleged violations where the incident occurred prior to the adoption of the most recent version of this Code will be resolved using the version of this Code in effect when the incident occurred.

F. All deadlines and time requirements in this Code may be extended for good cause as determined by the Director of Student Conduct. Requests for extensions of deadlines must be made in writing to the Director of Student Conduct, who will determine, based on the totality of circumstances, whether or not the extension is granted. If an extension is granted, the Director of Student Conduct will specify the date of the new deadline or event.

G. The Director of Student Conduct will facilitate periodic reviews of this Code in collaboration with the Student Conduct Standards Group in accordance with the Student Conduct Regulations.

H. If any portion of this Code is invalidated or deemed to be unenforceable, the remainder of this Code will remain in effect.

I. Questions concerning the administration, application, and/or interpretation of this Code should be directed to the Director of Student Conduct. Other resources for these questions include the A.S. Office of Student Advocacy, Student Legal Services, and the Office of the Ombuds. 

VI. ROLES AND RESPONSIBILITIES

Students, staff, and faculty take active roles in the student conduct process as described below.

A. The duties and responsibilities of the Director of Student Conduct include:

1. Serves as UC San Diego's Senior Student Conduct Officer, facilitates Administrative Resolutions, and coordinates the Community Standards Board.
2. Trains and advises all Student Conduct Officers, Conduct Boards, Conduct Board Coordinators, Review Officers, A.S. Student Advocates (in collaboration with the Office of Student Legal Services), and serves as an information resource for Members of the University Community regarding student conduct processes and procedures.
3. Ensures the maintenance, storage, and disposal of all non-academic student conduct records.
4. Submits regular statistical reports to the campus community, including, but not limited to, reporting the number of cases referred to the office, the number of cases resulting in sanctions, and the range of sanctions assigned.
5. Conducts and facilitates a periodic review of this Code with the Student Conduct Standards Group.

B. The duties and responsibilities of the Deans of Student Affairs, Graduate Studies, and Professional Schools (or their designees) include:

1. Determines the appropriate resolution of reports of alleged violations referred by the Director of Student Conduct for action, including alternative resolution options (e.g. Alternative Dispute Resolution, Notice of Inappropriate Conduct).
2. Meets with students at risk for suspension or dismissal and discusses resolution options.
3. Serves as a Student Conduct Officer and facilitates Administrative Resolutions.
4. Reviews sanctioning recommendations to promote consistency and fairness when required by this Code on an individual or group basis (e.g. Council of Deans of Student Affairs).
5. Participates in training sessions facilitated by the Office of Student Conduct.

C. The duties and responsibilities of Student Conduct Officers include:

1. Facilitates Administrative Resolutions per the procedures set forth in this Code.
2. Coordinates Administrative Resolution logistics, including the date, time, and place of meeting, and provides the Respondent with all information (e.g. incident reports, video evidence) to be discussed during the meeting.
3. Upon concluding an Administrative Resolution meeting, determines whether the Respondent has accepted responsibility for violating this Code and refers the matter to a Student Conduct Review if the Respondent does not accept responsibility.
4. Determines and assigns fair and appropriate sanctions to Respondents accepting responsibility for violating this Code.
5. Participates in training sessions facilitated by the Office of Student Conduct.

D. The duties and responsibilities of Conduct Boards and Review Officers include:

1. Facilitates Student Conduct Reviews per the procedures set forth in this Code.
2. Upon concluding a Student Conduct Review, determines whether the Respondent has violated this Code based on a Preponderance of the Evidence.
3. Recommend fair and appropriate sanctions for Respondents found responsible for violating this Code.
4. Maintains confidentiality related to all aspects of the Student Conduct Review process.
5. Participates in training sessions facilitated by the Office of Student Conduct, Council of Deans and Office of Student Legal Services.

E. The duties and responsibilities of Conduct Board Coordinators include:

1. Coordinates Student Conduct Review logistics for Conduct Boards, including the date, time, place of the Review, and provides Board members and Respondent with all information (e.g. incident report, video evidence) to be used during the Review.
2. Serves as ex officio member of relevant Conduct Board. Acts as consultant to the Board regarding Review procedures, decision making processes, and sanction recommendation options.
3. When a Respondent is found responsible for violating this Code, verbally notifies the Conduct Board of the Respondent's past student conduct history.
4. Forwards the Chair's Student Conduct Review Report to the relevant Dean, Student Conduct Officer, or other University Official after conclusion of deliberations.
5. Participates in training sessions facilitated by the Office of Student Conduct.

F. The duties and responsibilities of University Representatives include:

1. Presents relevant information (e.g. incident reports and other relevant documents) and witnesses on behalf of the University at Student Conduct Reviews.
2. Coordinates the appearance of witnesses supporting the alleged violations at Student Conduct Reviews.
3. Asks questions of the Respondent and witnesses at Student Conduct Reviews.
4. Maintains confidentiality related to all aspects of the Student Conduct Review process.
5. Participates in training sessions facilitated by the Office of Student Conduct.

G. The duties and responsibilities of Advisors include:

1. Advisors offer assistance to Students during Administrative Resolution meetings and Conduct Board Reviews. The Student may choose a Student Advocate, any UC San Diego student, faculty, or staff member, or an attorney to serve as an Advisor.
2. The Associated Students (A.S.) Office of Student Advocacy and the Graduate Student Association (GSA) appoints Student Advocates who are available to serve as Advisors. Student Advocates will be jointly trained by the Office of Student Conduct and Office of Student Legal Services. Student Advocates may speak on behalf of their advisee so long as all procedural requirements are followed.
3. Students, faculty, and staff will be limited to communicating with their advisee during an Administrative Resolution meeting or Student Conduct Review. Students, faculty, and staff serving as Advisors will not interrupt, disrupt, or directly participate in the meeting or Review.
4. Because Reviews under this Code are part of the University's overall educational process, it is not expected that Students will require the assistance of attorneys. However, Students are free to engage attorneys to provide them with legal advice.
5. If a Student engages an attorney, the attorney's role at an Administrative Resolution meeting or Student Conduct Review will be limited to communicating with the Student. Attorneys will not interrupt, disrupt, or directly participate in the meeting or Review.
6. All Advisors will be required to abide by the roles and expectations of an Advisor as specified in this Code. Advisors may be excluded by the Student Conduct Officer, Review Officer, or Conduct Board Chair for failing to adhere to these rules.

VII. CONDUCT IN VIOLATION OF COMMUNITY STANDARDS

The following conduct, including attempts to engage in or aid in such conduct, violate the University's community standards and may be subject to action under the processes outlined in this Code:

A. Non-academic dishonesty including, but not limited to, fabricating information, furnishing false information, or reporting a false emergency to the University.

B. Forgery, alteration, or misuse of any University document, record, key, electronic device, identification, vehicle, or other resource.

C. Theft, conversion, destruction, or damage to University property or property of others while on University Grounds and Facilities or knowingly possessing stolen property.

D. Theft, abuse, or misuse of University computer and other University electronic resources, including computer and electronic communications facilities, systems, and services which violate this Code or the Academic Computing & Media Services Acceptable Use Policies.

E. Unauthorized entry, possession, receipt, or use of University services, equipment, resources, or properties including entry or use for an unauthorized purpose.

F. Violations of the UC San Diego Housing and Residential Life Policies.

G. Physical abuse including, but not limited to, sexual assault, sex offenses, physical assault, battery, or conduct that threatens the health or safety of any person.

H. Verbal, written, electronic, or other threats of violence.

I. Conduct (e.g. harassment) that is so severe and/or pervasive, and objectively offensive, and that so substantially impairs a person's access to University programs or activities that the person is effectively denied equal access to the University's resources and opportunities.

Such conduct includes, but is not limited to, conduct that is motivated on the basis of a person's race, color, national or ethnic origin, citizenship, sex, religion, age, sexual orientation, gender identity, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition, or perceived membership in any of these classifications.¹

J. 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.

K. Participation in hazing or any method of initiation or pre-initiation of potential, new, or active members into a registered student or other campus organization or other activity engaged in by the organization or its members 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.

L. Unreasonably obstructing or disrupting teaching, research, administration, disciplinary procedures, or other University-Supported Activities.

M. Engaging in disorderly or lewd conduct including, but not limited to, public urination, indecent exposure, loud and unreasonable noise serving no legitimate purpose, or unauthorized gambling.

N. Participating in a disturbance of the peace or unlawful assembly.

O. Failing to identify oneself to or complying with the directions of a University Official or other public official acting in the performance of his or her duties while on University Grounds and Facilities or at University-Supported Activities.

P. Unreasonably resisting, disrupting, or obstructing University Officials or other public officials in the performance of, or the attempt to perform their duties.

Q. Using, possessing, manufacturing, or distributing controlled substances and/or drug paraphernalia as prohibited by federal and state law or University Policy.

R. Using, possessing, manufacturing, or distributing alcohol as prohibited by law or University Policy (Refer to the UC San Diego Consumption of Alcoholic or Malt Beverages Policy - Policies and Procedure Manual 510-1XIII).

S. Possessing, using, storing, or manufacturing fireworks, destructive devices, or weapons unless authorized by the UC San Diego Police Department.

T. Violating the terms and conditions of any assigned sanction, interim action, or Emergency Suspension.

U. 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. This provision applies whether it was the Student or someone else who prepared the materials.

V. 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).

W. Actions meant to communicate a serious expression of an intent to terrorize or acts in reckless disregard of the risk of terrorizing one or more University students, faculty, or staff.²

X. Physical, verbal, written, face-to-face, telephonic, electronic or other means of contact that a Student knows or should know is unwanted, is communicated directly to one or more specific Students, faculty, or staff, constitutes severe and/or pervasive, and objectively offensive conduct; and does not constitute speech protected by the First Amendment of the United States Constitution (e.g. speech in a public forum on a matter of public concern).

Y. Violations of the University of California Privacy Policy,³ including:

Making a video recording, audio recording, taking photographs, or streaming audio/video of any person in a location where the person has a reasonable expectation of privacy, without that person's knowledge and express consent;

Looking through a hole or opening, into, or otherwise viewing, by means of any instrumentality, the interior of a private location without the subject's knowledge and express consent;

Photographs and recordings made in private locations of sexual activity or that contain nudity may not be posted online or otherwise shared or distributed in any manner without the knowledge and express consent of all recorded parties, even if the photograph or recording was originally made with the knowledge and express consent of those parties;
or

Making a video recording, audio recording, or streaming audio/video of private, nonpublic conversations and/or meetings, without the knowledge and express consent of all recorded parties.

Z. Violating other University Policies including, but not limited to, the UC San Diego Student Sex Offenses Policy, University of California Policy on Sexual Harassment, UC San Diego Policy on Speech, Advocacy and Distribution of Literature on University Grounds (Policy and Procedure Manual, Section 510-1 IX & XII), UC San Diego Education Abroad Policy, and the UC San Diego Smoke-Free Policy.

AA. Violations of federal, state, or local law.

VIII. PROCEDURAL DUE PROCESS

Procedural due process is basic to the proper administration of this Code. The Chancellor or his/her designee has established and published campus policies, including this Code and the Student Conduct Regulations, providing for the handling of student conduct matters in accordance with appropriate procedural due process. Consistent with this requirement, procedures specified in this Code will be appropriate to the nature of the report of alleged violations and the severity of the potential sanctions.

IX. REPORTS OF ALLEGED VIOLATIONS

All reports of alleged violations of this Code are submitted and referred to the Office of Student Conduct for review; however, as noted below, reports of discrimination or harassment will be referred to the Office of Prevention of Harassment and Discrimination. The Office of Student Conduct will then determine whether there is reasonable cause to process the report and forward it to the Dean or his/her designee for disposition.

A. Any person may make a report of alleged violations of this Code by a Student. Reports should be made to the Office of Student Conduct for review and possible referral to the relevant Dean or his/her designee or other appropriate office for action, including alternative resolution options (e.g. Alternative Dispute Resolution, Notice of Inappropriate Conduct). Persons making reports of alleged violations are expected to provide information related to the alleged violations and may be requested to participate in the Administrative Resolution and/or Student Conduct Review processes as outlined in this Code.

B. Except as noted in IX(C) below, upon receipt of a report of alleged violations of this Code, the Director of Student Conduct or his/her designee may conduct an investigation or, if appropriate, refer the report to another appropriate office for investigation. The Director of Student Conduct or his/her designee will determine whether or not there is reasonable cause to believe the Student has committed a violation of this Code. If there is enough evidence to establish reasonable cause, the report will be forwarded to the Dean or his/her designee for disposition as described in Section X. If there is not enough evidence to establish reasonable cause, the Director of Student Conduct or his/her designee will not forward the report to the Dean or his/her designee and may notify the Respondent and/or the Complainant that no further action will be taken.

C. All reports involving sex offenses, harassment, and/or discrimination will be referred to the Office for the Prevention of Harassment and Discrimination for handling in accordance with the procedures of that Office. If OPHD concludes that violations of this Code involving allegations of sex offenses, harassment and/or discrimination occurred, resolution and review of those reports will be handled through the student conduct process in accordance with the UC San Diego Hearing Procedures for Alleged Sex Offenses, Harassment and Discrimination Violations.

D. Reports that are made more than one year following the alleged incident will only be referred for resolution with the joint approval of the relevant Dean or his/her designee and the Director of Student Conduct. 

X. RESOLUTION OPTIONS FOR REPORTS OF ALLEGED VIOLATIONS

If the Director of Student Conduct or his/her designee finds reasonable cause to refer a report of alleged violations, the Dean or his/her designee will determine an appropriate manner of resolution. Options include resolution through the student conduct process with an Administrative Resolution meeting or through an alternative resolution option, such as mediation. Alleged violations not resolved through these options will be referred to a Student Conduct Review.

A. The relevant Dean overseeing an undergraduate college or residential area will designate a professional staff member, which may be him or herself, to determine the resolution of reports of alleged violations. In the case of non-undergraduate Students, the referral and resolution of reports will be handled in the following manner:

1. Reports involving graduate Students will be referred to the Assistant Dean of Graduate Studies.
2. Reports involving medical Students will be referred to the Director of Student Life for Medical Education.
3. Reports involving pharmacy Students will be referred to the Director of Student Affairs and Admissions for the Skaggs School of Pharmacy.
4. Reports involving Extension Students will be referred to the Student Affairs Manager of UC San Diego Extension.

B. If the Dean or his/her designee determines that a report of alleged violations will be resolved through the student conduct process, the report will normally be assigned to a Student Conduct Officer for an Administrative Resolution meeting within 20 business days of receipt of a referral from the Director of Student Conduct.

C. If the Dean or his/her designee, in consultation with the Director of Student Conduct, determines that a Respondent may be subject to suspension or dismissal, he or she may notify the Respondent of this possibility in writing within 20 business days of receipt of a referral from the Director of Student Conduct and request that the Respondent schedule a meeting with the Dean within five business days of the date of notification.

1. The purpose of this meeting is for the Dean or his/her designee to discuss resolution options with the Respondent and answer any questions about the student conduct process. The Respondent may choose to resolve the matter with the Dean or his/her designee during this meeting following the procedures set forth in Section XI.
2. The notification will also describe how to contact the A.S. Office of Student Advocacy and Student Legal Services for assistance.

D. For reports of alleged violations arising from a Multi-Area Incident, the Director of Student Conduct will determine the resolution option(s). Normally, all Respondents will be referred by the Director of Student Conduct to meet with the same Student Conduct Officer in separate Administrative Resolution meetings.

E. The Dean or his/her designee or the Director of Student Conduct may issue a Notice of Inappropriate Conduct when a Respondent's alleged behavior may have violated this Code but he/she determines not to resolve the report through the student conduct process. The Respondent will be given the opportunity to submit a brief written response, which will be retained in the Respondent's student conduct record. The Notice of Inappropriate Conduct and the Respondent's response may be introduced in subsequent proceedings to enhance applicable sanctions.

F. The Dean or his/her designee or the Director of Student Conduct may determine that an alternative resolution option may be appropriate. These options include, but are not limited to, restorative justice conferences, mediation, or other alternative resolution options. If the Respondent and other involved parties agree to participate in an alternative resolution option, any alleged violations of this Code may be resolved through the mutually agreed upon option.

G. Alleged violations not resolved through the Administrative Resolution process or through alternative resolution options will be referred to a Student Conduct Review.

XI. ADMINISTRATIVE RESOLUTION

The respective Deans or their designees and the Director of Student Conduct have appointed staff members to serve as Student Conduct Officers to facilitate resolution of alleged violations of this Code. An Administrative Resolution is a meeting between a Student Conduct Officer and the Respondent to discuss the incident, hear and receive the Respondent's information and perspective, meet with applicable witnesses, discuss the Respondent's responsibility for the alleged violations, and if the Respondent accepts responsibility, assign fair and appropriate sanctions. The following provisions apply to Administrative Resolution meetings:

A. The Student Conduct Officer will provide the Respondent with the following information in writing prior to the Administrative Resolution meeting:

1. Notification of the alleged violations of this Code;
2. Summary of the evidence relating to the alleged violations of this Code;
3. Notice that the Respondent has five days from the date of the notice to contact the Student Conduct Officer to schedule an Administrative Resolution meeting.
4. Information about how to review case materials prior to the meeting (e.g. incident report, police report, etc.);
5. Information about how to request the presence of a witness(es); and
6. Information about how to request assistance from the A.S. Office of Student Advocacy and the Office of Student Legal Services.

B. A Respondent who cannot attend a scheduled Administrative Resolution meeting must contact the Student Conduct Officer to request a new date and/or time at least two business days prior to the meeting. It is at the discretion of the Student Conduct Officer if the meeting will be rescheduled and a Respondent may only request one change to the date and/or time of the meeting.

C. If, after proper notice, the Respondent does not contact the Student Conduct Officer to schedule an Administrative Resolution meeting, the Student Conduct Officer may determine the Respondent's responsibility for the alleged violations of this Code and may assign sanctions based on the information in his/her possession without the Respondent's participation.

D. Administrative Resolution meetings will be closed to the public. Recording devices (audio and/or video) of any kind are not permitted for use by the Respondent, Complainant, witnesses, or Advisors.

E. Respondents and Complainants are entitled to be assisted by an Advisor during an Administrative Resolution meeting. A Student Advocate serving as an Advisor may speak on behalf of their advisee. Other students, faculty, staff, or attorneys serving as an Advisor are allowed to be present at the meeting but only to confer with their advisee. Students electing to be accompanied by an Advisor must notify the Student Conduct Officer at least two business days prior to the meeting.

F. A Respondent or Complainant may request, in writing, that a Student Conduct Officer be disqualified from facilitating an Administrative Resolution. The request must be made to the Director of Student Conduct at least two days before the scheduled meeting and must include an explanation as to why he/she believes the Student Conduct Officer is unable to make an impartial decision. In ruling on such requests, the Director of Student Conduct will disqualify or exclude any Student Conduct Officer who is not able, in his/her judgment, to make an impartial decision in the case. If the request is granted, the Director of Student Conduct will select another Student Conduct Officer to facilitate the Administrative Resolution.

G. At the meeting, the Student Conduct Officer will explain the Administrative Resolution process to the Respondent. The Student Conduct Officer will provide the Respondent an opportunity to review the applicable incident report(s) (if any), explain the Respondent's rights, and describe the alleged violations of this Code. The Respondent will then have the opportunity to present his or her version of the incident, including providing witnesses for the Student Conduct Officer to meet with. At the conclusion of the meeting, the Respondent will have the opportunity to accept responsibility for the alleged violations and the Student Conduct Officer will explain the potential sanctions.

H. If the Respondent accepts responsibility for violating this Code and is not subject to suspension or dismissal, the Student Conduct Officer will notify the Respondent in writing with a brief summary of the meeting and assigned sanctions within ten business days, unless circumstances warrant otherwise.

I. If an undergraduate Respondent accepts responsibility for violating this Code and is subject to suspension or dismissal, the Student Conduct Officer will notify the Council of Deans of Student Affairs within five business days of conclusion of the Administrative Resolution meeting of his/her findings and provide sanction recommendation(s), unless circumstances warrant otherwise. Within ten business days of the decision and sanction recommendation notification, the Council of Deans of Student Affairs will make a final determination of the sanction(s) and the Student Conduct Officer will notify the Respondent in writing with a brief summary of the Administrative Resolution meeting and assigned sanctions, unless circumstances warrant otherwise.

J. If a graduate Student, medical or pharmacy Student, or Extension Student accepts responsibility for violating this Code and is subject to suspension or dismissal, the Student Conduct Officer will notify the Respondent in writing with a brief summary of the meeting and assigned sanctions within ten business days of the Administrative Resolution meeting, unless circumstances warrant otherwise.

K. If the Respondent does not accept responsibility for all alleged violations, the Student Conduct Officer will refer the matter to a Student Conduct Review within five business days of the meeting, unless circumstances warrant otherwise.

L. If the Student Conduct Officer determines there is not a Preponderance of the Evidence to sustain an alleged violation of this Code, he/she will notify the Respondent, in writing, within ten business days, that the alleged violation has been dismissed, unless circumstances warrant otherwise.

XII. STUDENT CONDUCT REVIEWS

If a Respondent does not accept responsibility at the Administrative Resolution meeting, he/she has the right to a Student Conduct Review. Cases referred to a Student Conduct Review will be assigned in the following manner:

A. Referrals where the alleged violation(s) do not warrant suspension or dismissal will be assigned to the Respondent's officially recognized College Judicial Board. Cases involving Respondents from a graduate program, professional school, or UC San Diego Extension will normally be assigned to the Community Standards Board (see Section XII (B) below). However, in the case of professional school Respondents whose schools have established school-specific resolution procedures, those procedures may be utilized in place of the ones provided for in this Code.

1. When a Judicial Board is assigned a Conduct Board Review, five members of that respective Board (including the Chair), based on their availability, will be selected to conduct the Review under the procedures set forth in this Code.
2. The Review will normally be facilitated by the Chair of the full Judicial Board, who is selected under the guidelines set forth in the governing documents of each Judicial Board and/or governing authority of the respective college. If the Chair is unavailable, another member of the Board will take his/her place per the procedures set forth in the Judicial Board's governing documents.

B. Referrals where the alleged violation(s) may result in a Respondent's suspension or dismissal, involve Respondents from a graduate program, professional school, or UC San Diego Extension, or involve Student Organizations will be assigned to the Community Standards Board.

1. The Community Standards Board will be comprised of:

i. Two Students from each undergraduate College's Judicial Board appointed by the College Judicial Board Chair, in consultation with the College Dean of Student Affairs or his/her designee.

ii. No fewer than six graduate or professional school Students.

1. Graduate Students will be appointed by the Graduate Student Association in consultation with the Dean of Graduate Studies or her/his designee,
2. Medical Students will be appointed by the Student Government of the School of Medicine in consultation with the Vice Dean of Medical Education or her/his designee,
3. Pharmacy Students will be appointed by the Skaggs School of Pharmacy Associated Students in consultation with the Dean of the Skaggs School of Pharmacy or her/his designee.

iii. No fewer than six staff and/or faculty members.

1. Staff members will be appointed by the Vice Chancellor – Student Affairs or his/her designee.
2. Faculty members will be appointed by the Academic Senate.

2. Community Standards Board members will be appointed to a minimum term of one year as determined by the person or group responsible for the appointment. Members may be re-appointed for additional terms.

C. A Student Conduct Officer or Respondent may request to have the Review conducted by a Review Officer rather than a Conduct Board. All requests must be made in writing to the Director of Student Conduct prior to scheduling the Review. If the Director of Student Conduct grants the request, he/she will select a Review Officer and notify the Respondent and Student Conduct Officer prior to the Review.

XIII. STUDENT CONDUCT REVIEW PROCEDURES

A Student Conduct Review provides an opportunity for the applicable Conduct Board or Review Officer to hear and receive the Respondent's information, witnesses and perspective about the incident, determine the Respondent's responsibility for the alleged violations, and if applicable, recommend fair and appropriate sanctions. The following provisions apply to Student Conduct Reviews:

A. Respondents will be provided with the following minimum procedural standards to assure a fair Student Conduct Review:

1. Written notice, including a brief statement of the factual basis of the allegation(s), the alleged violations of this Code, and the date, time and place of the Review, within a reasonable time before the Review;
2. The opportunity for a prompt and fair Review where the University bears the burden of proof, and at which the Respondent shall have the opportunity to present documents and witnesses and to question witnesses presented by the University. However, no inference shall be drawn from the silence of the Respondent;
3. A record of the review which includes an expeditious written decision based upon the Preponderance of the Evidence, that shall be accompanied by a written summary of the findings of fact; and
4. An appeals process.

B. Based on availability, five members, including a Chair, will be selected and scheduled by the Conduct Board Coordinator for a Review conducted by a Conduct Board. A Review may be conducted with fewer members with the consent of the Respondent. However, no Review may be scheduled or conducted with fewer than three members.

1. For Community Standards Board Reviews with an undergraduate Respondent, the Board will be composed of three Students, including at least two undergraduate Students, and two faculty and/or staff members. For Community Standards Board Reviews involving Respondents from a graduate program, professional school, or UC San Diego Extension, the Board will be comprised of three Students, including at least two graduate program or professional school Students, and two faculty and/or staff members.
2. The Chair for Board Reviews conducted by College Judicial Boards will be the Chair of the respective college's full Judicial Board. The Chair for Community Standards Board Reviews will be selected by its Conduct Board Coordinator based on availability of members.
3. A Review Officer will be selected by the Director of Student Conduct for a Review not facilitated by a Conduct Board.

C. The Conduct Board Coordinator will attend the Review and deliberations facilitated by a Conduct Board while coordinating all Review logistics. However, the Conduct Board Coordinator will not have a vote in determining whether the Respondent is responsible for violating this Code or recommending sanctions.

1. At the beginning of each academic year, the relevant Dean will select a Conduct Board Coordinator for Reviews conducted by the college's Judicial Board.
2. The Director of Student Conduct or his/her designee will serve as Conduct Board Coordinator for the Community Standards Board.
3. The Director of Student Conduct or his/her designee will coordinate all Reviews facilitated by Review Officer.

D. The Director of Student Conduct or his/her designee will select a University Official to serve as the University Representative for the Review. The role of the University Representative will be to present information supporting the alleged violations. The University Representative will also coordinate the appearance of witnesses supporting the alleged violations and ask questions of the Respondent and witnesses.

E. Multiple Respondents may be scheduled to participate in a group Student Conduct Review at the discretion of the Director of Student Conduct or his/her designee when the alleged violations result from the same underlying incident. Group Student Conduct Reviews will follow the format described in Section XIII, Letter T below.

1. A Respondent assigned to a group Student Conduct Review may request to have his/her Review handled separately from the other Respondents. All requests must be made in writing to the Director of Student Conduct or his/her designee prior to scheduling the Review. If the Director of Student Conduct or his/her designee grants the request, he/she will notify the Respondent and Conduct Board Coordinator prior to scheduling the Review.
2. In considering a Respondent’s request, the Director of Student Conduct or his/her designee will determine whether separate Reviews are appropriate. The Director of Student Conduct or his/her designee will base his/her decision on the basis for the request and the practicality of conducting multiple separate Reviews.
3. Should a Respondent’s request to have an individual Student Conduct Review be granted, the Director of Student Conduct or his/her designee, in consultation with the Conduct Board Coordinator, may schedule a supplemental Review to enable all witnesses to provide their information to the Board, the University Representative, and all Respondents at one time, Supplemental Reviews involving witnesses may be held prior to or after the individual Reviews, depending upon the scheduling considerations present in the matter.
4. If there are three or more Respondents, the request for a separate Review will apply only to the Respondent(s) requesting the separate Review.

F. At least ten business days prior to the Review, the Conduct Board Coordinator or Director of Student Conduct or his/her designee will provide the Respondent in writing with the following information:

1. Notification of the allegation(s) of this Code;
2. Summary of the evidence relating to the alleged violations of this Code;
3. The date, time and place of the Review;
4. The name(s) of the Board members or Review Officer and the University Representative;
5. Information about how to review case materials prior to the Review (e.g. incident report, police report, etc);
6. Information about how to request the presence of a witness(es) during the Review; and
7. Information about how to request assistance from the A.S. Office of Student Advocacy and the Office of Student Legal Services.

G. A Respondent who cannot attend the scheduled Review must contact the Conduct Board Coordinator or Director of Student Conduct to request a new date and/or time for the Review at least three business days prior to the Review. It is at the discretion of the Conduct Board Coordinator or Director of Student Conduct if the Review will be rescheduled and a Respondent may only request one change to the date and/or time of the Review.

H. If, after proper notice, the Respondent does not appear at the scheduled date and/or time, the Board or Review Officer may conduct the Review without the Respondent's participation, determine the Respondent's responsibility for the alleged violations of this Code and assign sanctions based on the information in its possession.

I. A Review may be conducted on a non-business day at the discretion of the Director of Student Conduct with the agreement of all involved participants.

J. All Reviews will be closed to the public. Only members of the Conduct Board, the Review Officer, the Conduct Board Coordinator, the University Representative, the Respondent (and his/her Advisor, if any), the Complainant (and his/her Advisor, if any), and witnesses will typically be permitted to participate in the Review.

K. The Conduct Board Coordinator or Review Officer will make an audio recording of all Student Conduct Reviews. Recording devices of any kind are not permitted for use by anyone except the Conduct Board Coordinator or Review Officer. The recording will become part of the Respondent's student conduct record. Conduct Board deliberations will not be recorded.

L. Respondents and Complainants are entitled to be assisted by an Advisor during the Review. A Student Advocate serving as an Advisor may speak on behalf of their advisee. Students, faculty, staff, or attorneys serving as Advisors are allowed to be present at a Review but only to confer with their advisee. Participants electing to be accompanied by an Advisor must notify the Conduct Board Coordinator or Director of Student Conduct at least three business days prior to the Review.

M. All documents to be presented at the Review by the University Representative and the Respondent must be submitted to the Conduct Board Coordinator or Director of Student Conduct or his/her designee at least three business days prior to the Review. The Conduct Board Coordinator or Director of Student Conduct or his/her designee will provide copies of submitted documents to the University Representative, Respondent, and Board/Review Officer at least two business days prior to the Review. Any documents submitted and/or discovered within three business days of the Review may only be considered at the discretion of the Conduct Board Coordinator or the Director of Student Conduct or his/her designee.

N. Members of the University Community are encouraged to appear at a Review as witnesses if they have knowledge or information regarding the incident in question and if they have been requested to appear. Individuals who are not Members of the University Community will generally be permitted to appear at a review as a witness if they have direct knowledge or information regarding the incident in question.

1. Character witnesses are generally not allowed to appear without the permission of the Conduct Board Coordinator or Director of Student Conduct upon a showing of good cause.
2. Witness lists must be provided by the University Representative to the Conduct Board Coordinator or Director of Student Conduct at least three business days prior to the Review. The Conduct Board Coordinator or Director of Student Conduct will provide the University Representative and Respondent with a complete witness list at least two business days prior to the Review.

O. Written witness statements will not be reviewed by the Conduct Board or Review Officer unless they are signed by the witness and witnessed by the Director of Student Conduct or his/her designee or a certified notary public.

P. A Respondent or Complainant may request, in writing, that a Conduct Board member be disqualified from participating in a Review. The request must be made to the Conduct Board Coordinator at least three business days before the scheduled Review and must include an explanation as to why the person is unable to make an impartial decision. In addition to determining such requests, the Conduct Board Coordinator will disqualify any Conduct Board member who is not able, in his/her judgment, to make an impartial decision. If the Conduct Board Coordinator grants a disqualification request, he/she will select another Board member to replace the disqualified Board member and notify the Respondent, University Representative, and Complainant prior to the Review.

Q. A Respondent or Complainant may request, in writing, that the Conduct Board Coordinator or Review Officer be disqualified from participating in a Review. The request must be made to the Director of Student Conduct at least three business days before the scheduled Review and must include an explanation as to why the person is unable to make an impartial decision. In addition to determining such requests, the Director of Student Conduct will disqualify any Conduct Board Coordinator or Review Officer who is not able, in his/her judgment, to make an impartial decision. If the Director of Student Conduct grants a disqualification request, he/she will select another Conduct Board Coordinator or Review Officer to replace the disqualified staff member and notify the Respondent, University Representative, and Complainant prior to the Review.

R. Any member of a Conduct Board, the Conduct Board Coordinator, or a Review Officer who believes that he or she is unable to conduct a fair and impartial Review and/or has identified a conflict of interest will disqualify him or herself from participating in the Review. Such decision must be made at least three business days prior to the start of the Review.

S. The Board's Chair or Review Officer is responsible for facilitating the Review and, in consultation with the Conduct Board Coordinator or Director of Student Conduct, will make decisions regarding witnesses, evidence, and procedures. The Chair or Review Officer may exclude any person who disrupts the Review.

T. At the Review, the Chair or Review Officer will explain the Review process to the Respondent, University Representative, and other participants. The Conduct Board or Review Officer will hear and receive information and witnesses presented by the University Representative supporting the alleged violations. The Board will then hear and receive the Respondent's information, witnesses, and perspective about the incident, review the applicable report(s) and other evidence, and ask questions of the Respondent and witnesses. The Respondent will also have the opportunity to ask questions of participating witnesses and the University Representative will have the opportunity to ask questions of the Respondent. The Chair or Review Officer will conclude the Review by explaining the next steps in the process.

U. After conducting a Review, the Board or Review Officer will deliberate privately. The determination(s) of the Board will be made by majority vote. The Chair will not vote unless there is a tie.

1. The Board or Review Officer will first determine whether the Respondent is responsible for the alleged violation(s) of this Code. If the Respondent is found not responsible for all alleged violations, the matter will be dismissed and concluded without any further proceedings for the Respondent.
2. In determining whether or not a Respondent is responsible for violating this Code, the Board or Review Officer will base its fact-finding determination(s) on the Preponderance of the Evidence standard, with the University bearing the burden of proof.
3. If the Respondent is found responsible for one or more of the alleged violation(s) of this Code, the Board or Review Officer will determine fair and appropriate sanction(s) and make sanction recommendations. While determining fair and appropriate sanctions, the Conduct Board Coordinator or Director of Student Conduct will verbally notify the Board or Review Officer of the Respondent's previous student conduct history. Previous student conduct history will be limited to student conduct cases where the Respondent accepted responsibility, was found responsible for violating this Code or was issued a Notice of Inappropriate Conduct. Cases where a Respondent was found not responsible for violating this Code or all charges were dismissed will not be introduced.
4. When notifying the Board or Review Officer of a Respondent's student conduct history, the Conduct Board Coordinator or Director of Student Conduct will provide the date of the incident, a description of the violations, and the assessed sanctions. However, information which implicates federal privacy laws or is protected from disclosure (e.g. FERPA, HIPAA) may be excluded.

V. After the conclusion of deliberations, the Board's Chair or Review Officer will compile a Student Conduct Review Report summarizing the alleged violations of this Code, the Board's or Review Officer's findings as to each alleged violation, and sanction recommendations.

1. For all Respondents, if the recommended sanctions do not include suspension or dismissal, the Conduct Board Coordinator or Director of Student Conduct will forward the Student Conduct Review Report to the original Student Conduct Officer within five business days of the conclusion of the Review. After reviewing the report, the original Student Conduct Officer will provide the Respondent in writing with the Conduct Board Review Report and assigned sanctions within five days of receiving the report.
2. If an undergraduate Respondent is found responsible for violating this Code and the recommended sanctions include suspension or dismissal, the Conduct Board Coordinator or Director of Student Conduct will forward the Student Conduct Review Report to the Council of Deans of Student Affairs within five business days of the conclusion of the Review. Within ten business days of the receiving the report, the Council of Deans of Student Affairs will make a final determination of the sanction(s) and the Student Conduct Officer will notify the Respondent in writing with the Student Conduct Review Report and assigned sanctions.
3. If a graduate Student, medical or pharmacy Student, or Extension Student is found responsible for violating this Code and is subject to suspension or dismissal, the Conduct Board Coordinator or Director of Student Conduct will forward the Student Conduct Review Report to the Student Conduct Officer within five business days of the conclusion of the Review. The Student Conduct Officer will notify the Respondent in writing with the Student Conduct Review Report and assigned sanctions within five business days of receiving the report, unless circumstances warrant otherwise.
4. If the Board finds the Respondent not responsible for all alleged violations of this Code, the Conduct Board Coordinator or Director of Student Conduct will forward the Student Conduct Review Report to the Student Conduct Officer within five business days of the conclusion of the Review. The Student Conduct Officer will provide the Respondent with the Student Conduct Review Report and notification that all alleged violations of this Code have been dismissed in writing within five business days of receiving the report.

XIV. RESOLUTION PROCESS FOR STUDENT ORGANIZATIONS

Student Organizations are expected to comply with the community standards set forth in this Code and may be charged with violations of those standards. The Center for Student Involvement is responsible for investigating reports of alleged violations of this Code by registered Student Organizations. The Assistant Vice Chancellor – Student Life facilitates Administrative Resolutions with principal members of Student Organizations referred for alleged violations. Incidents involving college-based Student Organizations will typically be handled by the relevant Dean, in consultation the Director of Student Conduct.

A. Any person may make a report of alleged violations of this Code by a Student Organization. Reports should be made to the Center for Student Involvement for review and possible referral for resolution, including alternative resolution options (e.g. Alternative Dispute Resolution, Notice of Inappropriate Conduct). Persons making reports of alleged violations are encouraged to provide information related to the allegation(s) and may be requested to participate in the Administrative Resolution and/or Student Conduct Review process as outlined in this Code.

B. Upon receipt of a report of alleged violations of this Code, the Director of the Center for Student Involvement or his/her designee, may conduct an investigation or if appropriate, refer the report to another appropriate office for investigation (e.g. the Office for Prevention of Harassment and Discrimination). In consultation with the Director of Student Conduct, he or she will determine whether or not there is reasonable cause to believe the Student Organization has violated this Code.

C. In determining whether there is reasonable cause to believe the Student Organization has violated this Code, the Director of the Center for Student Involvement or his/her designee will consider, among other things:

1. The degree of knowledge and/or involvement of the Student Organization's principal members, officers and/or members;
2. The use of the Student Organization's resources (e.g. money, space, other resources);
and
3. The proportion of the Student Organization's members involved.

D. If there is not enough evidence to establish reasonable cause, the Director of the Center for Student Involvement or his/her designee will not process the report, and may notify the Student Organization and/or the Complainant that no further action will be taken.

E. Reports of alleged violations determined to have reasonable cause will be forwarded by the Director of the Center for Student Involvement, in consultation with the Director of Student Conduct, to the Assistant Vice Chancellor – Student Life for an Administrative Resolution meeting . Reports that are made more than one year following the alleged incident will only be referred for student conduct action with the joint approval of the Director of Student Conduct and Assistant Vice Chancellor – Student Life.

F. A Student Organization and its principal members may be collectively or individually charged and/or held responsible when actions by its principal members, leaders, officers, or members violate this Code in conjunction with activities or events, held on- or off-campus, sanctioned explicitly or implicitly by the organization's principal members, leaders, officers, or members.

G. The Assistant Vice Chancellor – Student Life will provide the principal members of the Student Organization with the following information in writing prior to the Administrative Resolution meeting:

1. Notification of the alleged violations of this Code;
2. Summary of the evidence relating to the alleged violations of this Code;
3. Notice that the Student Organization has five days from the date of the notice to contact the Assistant Vice Chancellor – Student Life to schedule an Administrative Resolution meeting;
4. Information about how to review case materials prior to the meeting (e.g. incident report, police report, etc);
5. Information about how to request the presence of a witness(es) during the meeting; and
6. Information about how to request assistance from the A.S. Office of Student Advocacy and the Office of Student Legal Services.

H. Principal members of a Student Organization who cannot attend a scheduled Administrative Resolution meeting must contact the Assistant Vice Chancellor – Student Life to request a new date and/or time at least three business days prior to the meeting. It is at the discretion of the Assistant Vice Chancellor – Student Life if the meeting will be rescheduled and a Respondent may only request one change to the date and/or time of the meeting.

I. If, after proper notice, the principal members do not contact the Assistant Vice Chancellor – Student Life to schedule an Administrative Resolution meeting, the Assistant Vice Chancellor – Student Life may determine the Student Organization's responsibility for the alleged violations of this Code and may assign sanctions based off the information in his/her possession without the Student Organization's participation.

J. Administrative Resolution meetings will be closed to the public. Recording devices (audio and/or video) of any kind are not permitted for use by the principal members of the Student Organization, Complainant, witnesses, or Advisors.

K. Principal members of a Student Organization are entitled to be assisted by an Advisor during an Administrative Resolution meeting. A Student Advocate serving as an Advisor may speak on behalf of their advisee. Students, faculty, staff, or attorneys serving as an Advisor are allowed to be present at the meeting but only to confer with their advisee. Students electing to be accompanied by an Advisor must notify the Assistant Vice Chancellor – Student Life at least three business days prior to the meeting.

L. At the meeting, the Assistant Vice Chancellor – Student Life will explain the Administrative Resolution process to the Student Organization's principal members. The Assistant Vice Chancellor – Student Life will provide the principal members an opportunity to review the applicable incident report(s), explain their rights, and describe the alleged violations of this Code. The principal members will then have the opportunity to present their version of the incident, including providing witnesses for the Assistant Vice Chancellor – Student Life to meet with. At the conclusion of the meeting, if the principal members accept responsibility for the alleged violations, the Assistant Vice Chancellor – Student Life will explain the potential sanctions.

M. Student Organizations accepting responsibility at an Administrative Review will be assigned sanction(s) by the Assistant Vice Chancellor – Student Life pursuant to Section XV (D) of this Code. Principal members will be provided with a brief summary of the meeting and assigned sanction(s) in writing within ten business days after the Administrative Resolution Meeting, unless circumstances warrant otherwise.

N. If the Student Organization does not accept responsibility for the alleged violations of this Code, the Assistant Vice Chancellor – Student Life will refer the matter to a Student Conduct Review within five business days of the meeting.

O. If the Assistant Vice Chancellor – Student Life determines there is not a Preponderance of the Evidence to sustain all alleged violations of this Code, he or she will notify the Student Organization, in writing, within ten business days, that the case has been dismissed.

XV. SANCTIONS AND UNIVERSITY ACTIONS

Violations of the standards set forth in Section VII may result in the imposition of sanctions based on the specific circumstances of the incident and the University's Sanctioning Guidelines. Any sanction assigned should be appropriate to the violation and, when appropriate, educational in nature.

A. A Respondent's student conduct record is cumulative. Therefore, increased sanctions may be assigned to take into consideration the Respondent's overall record of violations of all types, not just those of a similar type. Violations of this Code or other University Policies during the period of an active sanction may be cause for further action.

B. Repeated violations of any provision of this Code may also result in suspension or dismissal, or in the imposition of lesser sanctions, if specific mitigating factors are present. Factors to be considered in mitigating a sanction will include:

1. The severity of the violation;
2. The student conduct record of the Respondent;
3. The nature of the offense;
4. The severity of any damage; and
5. Any injury or harm resulting from the matter to necessitate student conduct action.

C. Violations of this Code may result in an enhanced sanction when the Complainant was selected because his or her membership in a protected classification (e.g., race, color, national or ethnic origin, citizenship, sex, religion, age, sexual orientation, gender identity, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, or medical condition) or perceived membership in a protected classification.

D. When a Respondent accepts responsibility for violating this Code or is found responsible for violating this Code, one or more of the following sanctions may be assigned:

1. Formal Warning: A formal written notice to the Respondent that a violation of this Code has occurred and that continued or repeated violations of this Code or other University Policies may be cause for further action.
2. Probation: A status assigned for a specified period of time during which the Respondent must demonstrate conduct that conforms to University standards. Conditions restricting the Respondent's privileges or eligibility for activities may be assigned. Violations of this Code during the probationary period or violation of any conditions of the probation may result in further action.
3. Loss of Privileges and Exclusion from Activities: An exclusion from participating in designated privileges and activities for a specified period of time. Violating any specified conditions, this Code or other University Policies during the period of this sanction may be cause for further action.
4. Suspension: The termination of student status for a specified period of time with a defined reinstatement thereafter certain, provided that the Respondent has complied with all conditions assigned as part of the suspension and is otherwise qualified for reinstatement. Suspensions will normally take effect in the academic quarter immediately following the sending of the notice of final sanctions to the Respondent, unless the incident involves harm to self or others, threats of violence, or other circumstances warranting an immediate suspension. Violation of the conditions of suspension or of this Code or University policies during the period of suspension may be cause for further action. The suspension will be noted on the Respondent's transcript for the duration of the suspension and removed when the suspension has ended.
5. Dismissal: The termination of student status. Readmission to UC San Diego shall require the specific approval of the Chancellor or his/her designee. Readmission after dismissal may be granted only under exceptional circumstances. The dismissal will be noted permanently on the Respondent's transcript.
6. Exclusion from Areas of the Campus or from University-Supported Activities: The exclusion of a Respondent from specified areas of the campus or other University-owned, - operated, or -leased facilities, or other facilities located on University Grounds and Facilities, or from University-Supported Activities.
7. Restitution: The reimbursement of expenses incurred by the University or other parties resulting from a violation of this Code. Reimbursement may be in the form of monetary payment or appropriate service to repair or otherwise compensate for damages. Restitution may be assigned to any Respondent who alone, in a group, part of a Student Organization, or through concerted activities, participates in causing the damages or costs. Students may be responsible for the restitution of damage(s) caused by their guests.
8. 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 or his/her designee.
9. Other Sanctions: Other sanctions may be assigned instead of, or in addition to those specified in this section of this Code at the discretion of the Student Conduct Officer or Council of Deans of Student Affairs. Other sanctions may include, but are not limited to, stay away orders, written apologies, mandated assessments, placement of a hold on University transcripts, diplomas, or other student records, University Bookstore fines, and/or other sanctions as deemed appropriate in light of the violation(s).
10. Educational Sanctions: Educational sanctions may be assigned instead of, or in addition to those specified in this Code at the discretion of the Student Conduct Officer or Council of Deans of Student Affairs. Educational sanctions may include, but are not limited to, reflection papers, participation in alcohol or drug education programs, conducting research projects, or meeting with University Officials.

XVI. INTERIM ACTIONS

A. Any sanction authorized by this Code may be assigned on an interim basis by the Dean or his/her designee or the Assistant Vice Chancellor – Student Life or his/her designee. A Student or Student Organization will only be restricted to the minimum extent necessary when their participation in University-Supported Activities, use of University resources, or presence on University Grounds and Facilities is reasonably likely to lead to:

1. Physical harm to any person or property;
2. Threats of violence;
3. Conduct that threatens the health or safety of any person; or
4. Other disruptive activity incompatible with the orderly operation of the campus.5 (See UC San Diego Policy on Speech, Advocacy and Distribution of Literature on University Grounds (Policy and Procedure Manual, Section 510-1 IX & XII) for guidelines related to expressive activity on University Grounds and Facilities).

B. A Student or Student Organization subject to an Interim Action will be given, in writing, prompt notice of allegation(s), the duration of the Interim Action, and the opportunity for a prompt review. Interim Actions will be reviewed and approved by the Vice Chancellor – Student Affairs or his/her designee (undergraduate Students and Student Organizations), Dean of Graduate Studies or his/her designee (graduate students), Dean or his/her designee (medical or pharmacy Students) or Dean of Extension Programs (Extension Students) within 24 hours.

C. If the University Official reviewing the Interim Action does not affirm the Interim Action within 24 hours, it shall be considered void and a reasonable effort will be made to inform the Respondent Student or Student Organization that the Interim Action is void. Should the decision be voided, it will have no bearing on the University's student conduct proceedings arising from the conduct which gave rise to the Interim Action.

D. A Student or Student Organization suspended on an interim basis will be given an opportunity to appear personally for an Interim Suspension hearing before the Director of Student Conduct or his/her designee within three business days from the effective date of the Interim Suspension. During this hearing, the Student or Student Organization may present information and witnesses to support discontinuing the Interim Suspension in accordance with Section XVI (E) below. The Student or Student Organization may also be accompanied to the hearing by an Advisor. All provisions in this Code pertaining to Advisors apply during an Interim Suspension hearing.

E. After the Interim Suspension hearing, the Director of Student Conduct will determine whether the Interim Suspension should continue through the hearing and determination on the merits of the alleged violations of this Code. If the Director of Student Conduct determines that the conduct and surrounding circumstances reasonably indicate that the continued presence of the Student or Student Organization on campus pending the hearing on the merits is reasonably likely to lead to the prohibited conduct as referenced in Section XVI (A) above, he or she may continue the Interim Suspension through the conclusion of all appeals related to alleged violation(s). Administrative Resolution meetings and Student Conduct Reviews involving Students or Student Organizations on a continued Interim Suspension will have scheduling priority.

F. If a Student or Student Organization is found to have been unjustifiably placed on Interim Suspension, the University will assist Students or Student Organizations who have been disadvantaged with respect to employment or academic status.

G. The Dean or his/her designee or the Assistant Vice Chancellor – Student Life or his/her designee may direct a Student or Student Organization to act or refrain from engaging in a specified manner pending student conduct proceedings. These directions may include directing Students or Student Organizations not to intentionally contact others specifically named for a specified period of time. These directions will not terminate the Student's or Student Organization status as a Student or Student Organization and will not be construed as a finding or acceptance of responsibility on the part of any Student or Student Organization. However, failure to comply with these directions may be a violation of Section VII (O).

H. The Dean or his/her designee or the Assistant Vice Chancellor – Student Life or his/her designee may take further protective action that he or she deems appropriate concerning the interaction of the parties throughout the process, including directing appropriate University officials to alter the Students' academic, University housing, and/or University employment arrangements.

XVII. APPEALS

A Student or Student Organization found to have violated this Code in a Student Conduct Review has the right to appeal the finding of responsibility and/or assigned sanction(s). A Student or Student Organization accepting responsibility in an Administrative Resolution meeting may only appeal the severity of any sanction assigned by the Student Conduct Officer (see Section XVII (C)(4) below).

A. An appeal must be submitted in writing to the Director of Student Conduct within ten business days from the date of notice of the original decision. The appeal must specify the grounds for the appeal in accordance with Section XVII (C) below and include all the reasons, evidence and arguments in support of the appeal. The Respondent will, upon request to the Director of Student Conduct, be given access to the record (e.g. written decision and/or audio recording) of the original meeting or Review before submitting an appeal. Failure to appeal within the specified time period will make the original decision final and conclusive. Appeals will be reviewed in the following manner:

1. Appeals submitted by an undergraduate Student will be reviewed by the Council of Provosts.
2. Appeals submitted by a graduate Student will be reviewed by the Dean of Graduate Studies.
3. Appeals submitted by a medical or pharmacy Student will be reviewed by the respective Dean of his/her school.
4. Appeals submitted by an Extension Student will be reviewed by the Dean of UC San Diego Extension.
5. Appeals submitted by a Student Organization will be reviewed by the Vice Chancellor – Student Affairs.

B. If a Respondent submits a timely appeal, the group or individual reviewing the appeal may request that the Director of Student Conduct provide a copy to the Complainant and/or relevant University Official and request a written response. If a written response is submitted, a copy of this response will be provided by the Director of Student Conduct to the Respondent, who may respond in writing.

C. An appeal must be based upon one or more of the following grounds:

1. The decision is not supported by the findings;
2. There was unfairness in the proceedings that prejudiced the result (e.g. the denial of due process);
3. There is newly discovered evidence not known at the time of the Review that would have affected the result; or
4. The sanction(s) assigned was grossly disproportionate to the violation committed.

D. Appeals will be decided upon the record of the original Administrative Resolution meeting or Conduct Board Review and upon the complete statement of the Respondent setting forth specific reasons, evidence, and arguments for the appeal and any written statement or response by the Complainant, Respondent, or relevant University Official.

E. The imposition of sanctions may be deferred during the appeals process, at the discretion of the Student Conduct Officer (individual Students) or the Assistant Vice Chancellor – Student Life (Student Organizations), in consultation with the Director of Student Conduct.

F. The group or person reviewing the appeal will make one of the following actions:

1. The decision by the Student Conduct Officer, Conduct Board, or Review Officer is confirmed and the sanction(s) is assigned.
2. The decision by the Student Conduct Officer, Conduct Board, or Review Officer is confirmed and the sanction(s) is modified.
3. The action is referred to a new Student Conduct Officer, Conduct Board, or Review Officer for re-review. On re-review, the results of the previous Review will not be provided to the new Student Conduct Officer, members of the new Conduct Board, or new Review Officer. The new Student Conduct Officer, Conduct Board, or Review Officer will be instructed not to repeat the specified errors that formed the basis of the appeal and rereview.
4. The decision or sanction(s) is dismissed. A decision or sanction may be dismissed only if it is not supported by the Preponderance of the Evidence.

G. Respondents will be notified in writing of the result of the appeal within 10 business days of the date when the appeal was submitted. A brief statement explaining the basis of the decision by the group or individual reviewing the appeal will be included with this notice.

1. Undergraduate Students will be notified in writing of the result of the appeal by the Student's College Provost.
2. Graduate Students will be notified in writing of the result of the appeal by the Dean of Graduate Studies.
3. Medical and pharmacy Students will be notified in writing of the result of the appeal by the respective Dean of his/her professional school.
4. Extension Students will be notified in writing of the result of the appeal by the Dean of UC San Diego Extension.
5. Student Organizations will be notified in writing of the result of the appeal by the Vice Chancellor – Student Affairs.

H. If, as a result of an appeal, it is determined that the Respondent was improperly found responsible or sanctioned for violating this Code, the Director of Student Conduct will, upon request by the Respondent, seal the record of the Administrative Resolution meeting or Conduct Board Review and remove any reference to the proceedings from the Respondent's student conduct record. The Director of Student Conduct, in consultation with the Respondent's Dean of Student Affairs, may take other reasonable actions to ensure that the status of the Respondent's relationship with the University is not adversely affected.

XVIII. STUDENT CONDUCT RECORDS

A. The referral of a report of alleged violations to the Office of Student Conduct or Center for Student Involvement may result in the development of a student conduct record in the name of the Respondent.

B. A Respondent's student conduct record will generally contain the applicable incident report(s) and/or police report(s), meeting and decision letters, and other documents related to student conduct incidents the Respondent has been involved in while a UC San Diego Student or while registered as a Student Organization.

C. In pending student conduct actions that could result in a Respondent's suspension or dismissal, a temporary hold will normally be placed on the Respondent's student account by the relevant Dean or Director of Student Conduct. In addition, if a Respondent becomes eligible for a degree before the completion of the student conduct process, the Executive Vice Chancellor may direct that the degree not be awarded until the process is completed.

D. The student conduct record of a Respondent found responsible of any violation of this Code will normally be retained by the Office of Student Conduct as a student conduct record for not longer than seven years from the date of the incident. If the Student leaves UC San Diego without graduating, his or her student conduct record will normally be retained by the Office of Student Conduct for not longer than seven years from the date of the incident. The record of a student conduct matter resulting in a student or Student Organization's suspension or dismissal will be retained permanently.

E. The record of a student conduct matter resulting in a student or Student Organization’s suspension or dismissal will be retained permanently.

F. Student conduct records of a Respondent found not responsible for all violations of this Code will be retained for seven years from the date of the incident to comply with Clery Act requirements. However, such records will not be considered while determining sanctions in a given case.

G. Whenever any information is included by the Director of Student Conduct or any University Official in a student conduct record, the Respondent will be allowed to include in the record a brief written statement or response concerning the student conduct action. The Respondent may not request a change in the underlying decision or sanction(s) through this process.

XIX. ATTRIBUTION

A. Portions of this document are attributed to the University of California Policy on Student Conduct and Discipline, the UC Berkeley Campus Code of Student Conduct, the UC Irvine Student Conduct Code, the UCLA Student Conduct Code, the University of Maryland Student Code of Conduct, the University of Missouri School of Law Honor Code, the University of Virginia Policy and Procedures for Student Sexual Misconduct Complaints, the Model Code of Student Conduct (Pavela, G.), Model Student Conduct Code (Stoner, E. & Lowery, J.), Brown University Student Conduct Code, Loyola Marymount University Community Standards, and the Rutgers University Code of Student Conduct.


ANNOTATIONS

1. See Section VII(I) for the definition of harassment in this Code.

2. For purposes of this community standard , the following apply:

A. Pursuant to Section XV(C), sanctions may be enhanced for conduct motivated on the basis of the above classifications.
B. When employed by the University of California, and acting within the course and scope of that employment, students are subject to the University of California Policy on Sexual Harassment. Otherwise, Section VII(I) is the applicable standard for harassment by students. For cases of harassment on the basis of sex, see also the University of California Policy on Sexual Harassment and the Procedures for Responding to Sexual Harassment.

3. For purposes of this community standard, the following apply:

A. This section applies without regard to whether the conduct is motivated by race, ethnicity, personal animosity, or other reasons. However, it does not apply to conduct that constitutes the lawful defense of oneself, of another, or of property.
B. "Reckless Disregard" means consciously disregarding a substantial risk.
C. "Terrorize" means to cause a reasonable person to fear bodily harm or death, perpetrated by the actor or those acting under his/her control.

4. For purposes of this community standard, the following apply:

A. These provisions do not extend to public events or discussions, nor to lawful official law or policy enforcement activities and may not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly.
B. "Express consent" means clear, unmistakable and voluntary consent that may be in written, oral, or nonverbal form.
C. "Nudity" means the absence of an opaque covering which covers the genitals, public hair, buttocks, perineum, anus, or anal region of any person or any person of the breast at or below the areola thereof of any female person.
D. "Private locations" mean settings where the person reasonably expected privacy. Generally, residential living quarters, bathrooms, locker rooms, and personal offices are considered private locations.
E. "Private, non-public conversations and/or meetings" mean any communication carried on in circumstances that reasonably indicate that any party wants the communication to be confined to the parties, but excludes communication made in a public gathering, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.

5. For purposes of this section, this term refers to conduct creating an immediate and/or continuing disruption related to:

  1. The health and safety of members of the University community;
  2. Teaching, research, administration, disciplinary procedures, or other University-Supported Activities; or
  3. Access and/or use of University Grounds and Facilities.

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