SCOPE

 

The Student Conduct Procedures apply to the non-academic student conduct of all UC San Diego undergraduate, graduate, professional school, and Extended Studies Students, and Student Organizations.

 

 

POLICY SUMMARY

 

The University of California Policies Applying to Campus Activities, Organizations, and Students (PACAOS) are a collection of University-wide policies relating to student life. PACAOS Section 100.00 specifically describes the University’s policy on student conduct and discipline. The UC San Diego Student Conduct Procedures serves as UC San Diego’s implementing regulations for PACAOS Section 100.00 and describe UC San Diego’s procedures and requirements for addressing non-academic student conduct incidents.

 

 

DEFINITIONS

 

For the purpose of these Procedures, the definitions in PACAOS Section 14.00 and those listed in the section below apply:

A.    Administrative Resolution means a meeting between an individual Respondent and a Student Conduct Officer to resolve alleged violations of the Standards of Conduct without a Student Conduct Review.

 

B.    Advisor means a person chosen by the Respondent or Complainant to provide support, guidance, and advice with an Administrative Resolution or Student Conduct Review.  Advisors include UC San Diego students, faculty, or staff, Associated Students (A.S.) or Graduate and Professional Student Association (GPSA) appointed Student Advocates, and attorneys. A person may not serve as an Advisor in a matter where they are a Complainant, Respondent, or witness.

 

C.    Business Days means weekdays, and 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 staff or faculty member responsible for facilitating the procedures of a Student Conduct Review.

 

E.     Community Standards Board means the group of Students, faculty, and staff authorized to determine violations of the Standards of Conduct through a Student Conduct Review.

 

F.     Complainant means any person who submits a report of alleged violations of the Standards of Conduct.

 

G.    Dean means the UC San Diego staff or faculty member or their designee responsible for overseeing student conduct matters of an undergraduate college, residential area, Graduate Education and Postdoctoral Affairs, the School of Medicine, the Skaggs School of Pharmacy, or UC San Diego Extended Studies.

 

H.    Interim Action means the temporary suspension or termination of a Respondent’s privileges on an interim basis before a final determination.

 

I.       Interim Suspension Hearing Officer means a University Official authorized on a case-by-case basis by the Director – SAGE or their designee to determine whether to continue an Interim Suspension.

 

J.     Member of the University Community means Students, faculty, or staff, or other persons affiliated with the University.

 

K.    Multi-Area Incident means an incident where all Respondents are not residents and/or registrants of the same residential area, undergraduate college, or graduate/professional school.

 

L.     Policy and Procedure Manual means the set of operating policies and procedures applying to academic, administrative, research, and service units at UC San Diego (See https://omcp.ucsd.edu/policy-records/ppm.html).

 

M.    Preponderance of the Evidence is the evidence standard of these Procedures. Preponderance of the Evidence means that, after weighing all of the information, a fact is more likely to be true than not true (e.g., “more likely than not”). In this context, the Respondent will be found to be responsible for the alleged standards of conduct violations if the Student Conduct Officer, Review Officer, or Community Standards Board concludes that the University has shown that such conduct more likely than not occurred based on careful review of all information presented.

 

N.    Principal Member means a currently registered UC San Diego undergraduate or graduate Student who is an officer in a Registered Student Organization.

 

O.    Respondent means any Student or Student Organization alleged to have violated any portion of the Standards of Conduct. For cases involving Student Organizations, the Student Organization’s Principal Members will respond on behalf of the organization.

 

P.     Review Advisor refers to the UC San Diego staff or faculty member who assists the Chair of the Community Standards Board or Review Officer with Student Conduct Review procedures. The Director – SAGE or their designee typically serves in this role.

 

Q.    Review Coordinator means the SAGE professional staff member responsible for coordinating a Student Conduct Review.

 

R.    Review Officer means a University Official authorized on a case-by-case basis by SAGE to determine violations of the Standards of Conduct through a Student Conduct Review.

 

S.     SAGE means the Center for Student Accountability, Growth, and Education. The Office of Student Conduct became SAGE in September 2023.

 

T.     Standards of Conduct means the University’s Grounds for Discipline as described in PACAOS Section 102.00 and these Procedures.

 

U.    Student Conduct Officer means a University Official authorized on a continuing or temporary basis by the Dean or their designee or Director – SAGE or their designee to conduct Administrative Resolutions with a Respondent alleged to have violated the Standards of Conduct and to assign or recommend sanction(s). Student Conduct Officers typically include Deans of Student Affairs, Assistant Deans of Student Affairs, Directors of Residence Life, Assistant Directors of Residence Life, and SAGE professional staff members.

 

V.     Student Conduct Review means a formal review with one or more Respondents and the Community Standards Board or Review Officer to resolve alleged violations of the Standards of Conduct.

 

W.   Student Conduct Standards Group means the group of Students, faculty, and staff entrusted with considering revisions and changes to these Procedures.

 

X.     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, who have successfully registered as a student organization with the Center for Student Involvement, or who comprise Intercollegiate Athletic or club sports teams.

 

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, the PACAOS, the Policy and Procedure Manual, and other published University Policies.

 

AA. University Representative means a UC San Diego staff member authorized by SAGE 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.

 

 

POLICY STATEMENT

 

A.    JURISDICTION

 

These Procedures apply to the non-academic student conduct of UC San Diego Students and Student Organizations that occurs on University Property, or at University-Supported Activities. These Procedures also apply to off-campus conduct that occurs in the context of an education program or activity, or adversely affects the UC San Diego Community and/or the pursuit of the University’s objectives as determined by the Vice Chancellor – Student Affairs and Campus Life or their designee.  These Procedures apply to a Student’s conduct even if the Student withdraws from the University after the conduct allegedly occurred.

 

1.     These Procedures apply to all UC San Diego Students, including undergraduate, graduate, professional school, and Extended Studies Students, as defined in PACAOS Section 101.00.

 

2.     The University will not regularly apply these Procedures to non-academic student conduct that occurs off-campus except in connection with an official University-Supported Activity. However, the University has the discretion to exercise jurisdiction under limited circumstances over off-campus conduct that would violate the Standards of Conduct or other University Policies if it had occurred on-campus.

 

3.     These Procedures apply to alleged hazing incidents regardless of location(s). Additionally, using the criteria described in Section A (5), jurisdiction may be exercised over off-campus conduct, including but not limited to the following Standards of Conduct:

 

a.     Physical assault, threats of violence, or other conduct that threatens the health or safety of any person;

 

b.     University of California Sexual Violence and Sexual Harassment Policy violations, including, but not limited to, sexual assault, relationship violence, stalking, sexual harassment, and invasions of sexual privacy;

 

c.     Harassment;

 

d.     Illegal possession or use of weapons, explosives, or destructive devices;

 

e.     Illegal manufacture, sale, or distribution of controlled substances; or

 

f.       Hate crimes as defined by California law.

 

4.     All requests to exercise off-campus jurisdiction will be submitted by the Director - SAGE or their designee to the Vice Chancellor – Student Affairs and Campus Lifeor their designee, who will have the exclusive authority to extend jurisdiction under these Procedures. The decision by the Vice Chancellor – Student Affairs and Campus Life or their designee is final and not subject to appeal.

 

5.     In determining whether to exercise jurisdiction over off-campus student conduct, the Vice Chancellor – Student Affairs or their designee will consider the totality of the circumstances, including the following factors:

 

a.     The seriousness of the alleged conduct;

 

b.     The impact of the conduct on any member of the University community or the campus as a whole;

 

c.     Whether the alleged victim is a member of the University community;

 

d.     The ability of the University to gather information, including statements from witnesses;

 

e.     Whether the off-campus conduct is part of a continuing course of conduct that occurred either on- or off-campus; 

 

f.       Whether the alleged conduct occurs within the context of an education program or activity; and

 

g.     Whether the alleged conduct adversely affects the UC San Diego Community and/or the pursuit of the University’s objectives.

 

6.     The UC San Diego Police Department may share information with SAGE regarding on or off-campus student conduct that may violate the Standards of Conduct.

 

B.    INTERPRETATION OF REGULATIONS & APPLICABILITY

 

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

 

1.     These Procedures supersede all previous versions of the UC San Diego Student Conduct Procedures (previously titled as the UC San Diego Student Conduct Code). PACAOS Section 100.00 and these Procedures, serve as the official reference for non-academic student conduct matters at UC San Diego. All matters of non-academic student conduct at UC San Diego may be handled in accordance with these Procedures, 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.

 

2.     The Academic Integrity Policy (http://senate.ucsd.edu/Operating-Procedures/Senate-Manual/Appendices/2) governs all instances of academic misconduct. However, these Procedures apply to non-academic student conduct (e.g., falsifying documents, furnishing false information) discovered as part of an academic misconduct incident.

 

3.     Reports of alleged violations where the incident occurred prior to the adoption of the most recent version of these Procedures will be resolved using the version in effect when the incident occurred.

 

4.     If any portion of these Procedures is invalidated or deemed to be unenforceable, the remainder of these Procedures will remain in effect.

 

C.    STANDARDS OF CONDUCT

 

Violations of the Standards of Conduct described in PACAOS Section 102.00 and/or in Section C of these Procedures below, including attempts to engage in or aid in such conduct, violate the University’s Standards of Conduct and may be subject to these Procedures. These standards will not be used to restrict the lawful exercise of constitutionally protected rights of freedom of speech or assembly.

 

1.     Disorderly or lewd conduct, as described by PACAOS Section 102.14, includes, but is not limited to, public urination, indecent exposure, loud and unreasonable noise serving no legitimate purpose, or unauthorized gambling.

 

2.     Unlawful assembly, as described in PACAOS Section 102.15, includes 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.

 

3.     Failure to identify oneself, as described in PACAOS 102.16, includes failing, upon request to provide a University Personal Identification Number to a University Official or other public official acting in the performance of their duties while on University Property or at University-Supported Activities.

 

4.     Obstructing a University Official or other public official, as described in PACAOS 102.16, includes obstructing, delaying, interfering with, or hindering University Officials charged with, responsible for, or engaged in activities promoting health or safety on University Property, including but not limited to, police officers, fire fighters, health inspectors, fire marshals, and Supporting-Advocacy-and-Free-Expression (SAFE) team members.

 

5.     PACAOS Section 102.17 includes the misuse of any prescribed medication, over the counter drugs and/or other controlled substances, as prohibited by federal law, state law, or University Policy. Controlled substances include any drugs regulated by the local, state, or federal government (this includes medicinal marijuana).

 

6.     The following are additional Standards of Conduct as specified by these Procedures:

 

a.     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).

 

b.     Instituting a complaint in bad faith and/or attempting to discourage an individual’s proper participation in, or use of, the student conduct process.

 

c.     Wearing a mask, personal disguise, and/or otherwise concealing identity with the intent of intimidating any person or group, or for the purposes of evading or hindering discovery, recognition, or identification in the commission of violations University Policy and/or local, state, or federal laws. Concealing identity includes refusing to temporarily remove a mask or other face covering following an identification request from a University Official or other public official acting in the performance of their duties.

 

d.     Distributing personal identifying information (including, but not limited to, a digital image of another person and the person’s home address) or an electronic message of a harassing nature about another person with the intent to place that person in reasonable fear for their safety or the safety of the other person’s immediate family and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment by a third party.

 

For purposes of this standard, “harassment” means a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing and that serves no legitimate purpose, and “of a harassing nature” means of a nature that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing of the person and that serves no legitimate purpose.

 

e.     Picketing or organizing picketing that is focused on and takes place in front of any University Property that is a residence or dwelling of an individual, if such conduct would be prohibited by Sections 52.2001-2003 of the San Diego Municipal Code if it were to occur in the City of San Diego.

 

f.       Violating other University Policies.

 

g.     Violations of federal, state, or local law not covered by the standards described above.

 

h.     Violating applicable health and safety requirements issued by the University and/or federal, state, or local governments in response to public health emergencies.

 

D.    REPORTS OF ALLEGED VIOLATIONS

 

All reports of alleged Standards of Conduct violations by Students or Student Organizations will be submitted and/or referred to SAGE for review. SAGE will then determine whether there is reasonable cause to process the report and the appropriate resolution option.

 

1.     Any person may report alleged Standards of Conduct violations by a Student or Student Organization to SAGE. Persons submitting reports are expected to provide information related to the alleged violations and may be asked to participate as a witness or Complainant in the Administrative Resolution and/or Student Conduct Review processes as outlined in these Procedures.

 

2.     Except as noted in Section D (6) below, upon receipt of a report of alleged violations of these Procedures, SAGE will determine whether there is reasonable cause to believe the Student or Student Organization may have violated the Standards of Conduct. To make this determination, SAGE may investigate or, if appropriate, refer the report to another appropriate office for investigation. 

 

3.     In determining whether there is reasonable cause to believe a Student Organization may have violated the Standards of Conduct, SAGE will consider, among other things:

 

a.     The degree of knowledge and/or involvement of the Student Organization’s Principal Members, officers and/or members;

 

b.     The use of the Student Organization’s resources (e.g., money, space, other resources); and

 

c.     The proportion of the Student Organization’s members involved.

 

4.     If there is reasonable cause to believe that a violation of the Standards of Conduct may have occurred after reviewing the report and/or conducting an investigation, the report will normally be forwarded to the Dean or their designee for resolution as described in Section E below. If there is not reasonable cause to believe that a violation of the Standards of Conduct may have occurred, SAGE will not forward the report to the Dean or their designee for Administrative Resolution. However, SAGE may refer the matter to the Dean or their designee or another department for appropriate follow-up outside the formal student conduct process. SAGE may also notify the Respondent and/or the Complainant that no further action through the student conduct process will be taken.

 

5.     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 the Standards of Conduct 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.

 

6.     All reports involving alleged violations of sexual violence and sexual harassment (e.g., sexual assault, relationship violence, stalking of a sexual or romantic nature), harassment related to a protected class referenced by University Policy, and/or discrimination related to a protected class referenced by University Policy will be referred to the Office for the Prevention of Harassment and Discrimination (OPHD).

 

7.     Review and resolution of sexual violence and sexual harassment allegations will be handled in accordance with the University of California Sexual Violence and Sexual Harassment Policy and the procedures set forth in either PACAOS Appendix E: Sexual Violence and Sexual Harassment Student Investigation and Adjudication Framework (“Appendix E”) or PACAOS Appendix F: Sexual Violence and Sexual Harassment Student Investigation and Adjudication Framework (“Appendix F”). Appendix E or Appendix F will also be used to adjudicate other violations of the Standards of Conduct alleged to have occurred in connection with sexual violence and sexual harassment allegations.

 

8.     Review and resolution of harassment and discrimination reports involving protected classes will be handled according to Policy and Procedure Manual Section 200-23, Procedures for Discrimination and Harassment Complaint Resolution.  

 

9.     In pending student conduct actions that may result in a Respondent’s suspension or dismissal, a temporary hold on transcripts will normally be placed by the relevant Dean or SAGE. In addition, the Executive Vice Chancellor may direct that the transcript and/or degree of a Respondent not be awarded until the process has completed if they become eligible to graduate during the student conduct process.

 

10.  When a hold is placed on a Respondent’s student account and conduct record, SAGE will notify the Respondent via email that a hold has been placed on their account, the reason for the hold, and how to request removal of the hold.

 

11.  Reports submitted more than one year after the alleged incident will only be referred for resolution with the joint approval of the relevant Dean or their designee, or the Executive Director of the Center for Student Involvement or their designee, and the Director - SAGE or their designee. 

 

E.     RESOLUTION OPTIONS FOR REPORTS OF ALLEGED VIOLATIONS

 

If SAGE finds reasonable cause to refer a report of alleged violations, the Dean or their designee will use an appropriate method of resolution. Options include resolution through the student conduct process with an Administrative Resolution or through an alternative resolution option, such as mediation or restorative justice. Alleged violations not resolved through these options will be referred to a Student Conduct Review.

 

1.     SAGE will refer reports of alleged violations in the following manner:

 

a.     Reports involving undergraduate Students will be referred to the relevant undergraduate Dean or their designee.

 

b.     Incidents that occur in graduate and professional Student on-campus housing facilities will typically be referred to the Office of Graduate and Family Housing. All other reports involving graduate Students will be referred to the Assistant Dean of Graduate Student Affairs or their designee. 

 

c.     Reports involving medical Students will be referred to the Associate Dean of Admissions and Student Affairs, School of Medicine or their designee.

 

d.     Reports involving pharmacy Students will be referred to the Director of Student Affairs and Admissions for the Skaggs School of Pharmacy or their designee.

 

e.     Reports involving Extended Studies Students will be referred to the Director of Client and Student Services of UC San Diego Extended Studies or their designee.

 

f.       Reports involving Registered Student Organizations will be referred to the Executive Director of the Center for Student Involvement or their designee. Reports involving college-based Student Organizations will typically be handled by the relevant Dean, in consultation with SAGE. Incidents involving Intercollegiate Athletics or club sports teams will be handled by SAGE

 

2.     If the report of alleged violations will be resolved through the student conduct process, the report will normally be assigned by SAGE to a Dean or designee for an Administrative Resolution within 20 Business Days of receipt of the report.

 

3.     For reports of alleged violations arising from a Multi-Area Incident, SAGE will either resolve the incident or forward it to a Dean or designee for resolution. Normally, all Respondents will be referred by SAGE to a Student Conduct Officer for separate Administrative Resolution meetings.

 

4.     If an incident report is not resolved through an Administrative Resolution or a Student Conduct Review, SAGE, the Dean or their designee, or the Executive Director of the Center for Student Involvement or their designee may issue a written notification to a Student or Student Organization when their alleged behavior may have violated the Standards of Conduct. If a Student or Student Organization receives such notice, they will be given the opportunity to submit a brief written response, which will be retained in their student conduct record. The written notice and the Student’s or Student Organization’s response may be used in subsequent proceedings to determine applicable sanctions.

 

5.     SAGE may determine that an alternative resolution of an incident report is appropriate. Alternative Resolution may include mediation, restorative justice, or other alternative resolution options. If the Respondent and other involved parties agree to participate in an alternative resolution process, any alleged violations of the Standards of Conduct may be resolved through alternative resolution.

 

6.     Alleged violations not resolved through an Administrative Resolution or alternative resolution will be referred to a Student Conduct Review.

 

7.     Administrative Resolution Meetings, Student Conduct Reviews, and other related meetings described in these Procedures may be conducted in-person or remotely (e.g., video conferencing, phone, etc.) at the discretion of the Student Conduct Officer or SAGE.

 

F.     ADMINISTRATIVE RESOLUTION

 

The respective Deans or their designees and the Director – SAGE or their designee have appointed staff members to serve as Student Conduct Officers to facilitate Administrative Resolution meetings with Students to resolve alleged violations of the Standards of Conduct.

 

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

 

a.     Notification of the alleged violations of the Standards of Conduct;

 

b.     Summary of the information relating to the alleged violations of the Standards of Conduct;

 

c.     Notice that the Respondent has five Business Days from the date of the notice to contact the Student Conduct Officer to schedule an Administrative Resolution;

 

d.     Electronic or hard copy versions of case materials to be reviewed at the meeting (e.g., incident report, police report, etc.);

 

e.     Information about how to request the presence of witnesses;

 

f.       Information about how to request assistance from campus resources; and

 

g.     Information about requesting accommodations from the Office for Students with Disabilities and notifying the Student Conduct Officer of any pre-approved accommodations.

 

2.     A Respondent who cannot attend a scheduled Administrative Resolution must contact the Student Conduct Officer to request a new date and/or time at least one Business Day 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.

 

3.     If the Respondent does not schedule an Administrative Resolution within five Business Days from the date of the notice, the Student Conduct Officer will provide the Respondent, via email, a second opportunity to schedule a meeting within an additional five Business Days from the date of the second notice. If the Respondent does not schedule an Administrative Resolution before the additional five Business Days have passed, the Student Conduct Officer will determine the Respondent’s responsibility for the alleged violations of the Standards of Conduct and assign sanctions (if any) based on the information in their possession without the Respondent’s participation.

 

4.     Administrative Resolutions are closed to the public.  Recordings of any kind (audio and/or video) are not permitted to be facilitated by the Respondent, Complainant, witnesses, or Advisors.

 

5.     Respondents and Complainants may be accompanied by one Advisor during an Administrative Resolution.

 

a.     The Advisor’s role is to provide support, guidance, and advice to the Respondent or Complainant.

 

b.     Students electing to be accompanied by an Advisor must notify the Student Conduct Officer and provide a copy of a signed “Consent to Release Student Records” form that allows the student conduct case and records information to be shared with the Advisor at least one Business Day prior to the meeting.

 

c.     All Advisors are required to abide by the roles and expectations of an Advisor as specified in these Procedures. Advisors may be excluded by the Student Conduct Officer for failing to comply with these rules.

 

d.     Associated Students (A.S.) or Graduate and Professional Student Association (GPSA) appointed Student Advocates may speak for their advisee so long as all procedural requirements are followed. Other Advisors (including, students, faculty, staff, and attorneys) are limited to communicating with their advisee and will not interrupt, disrupt, or directly participate in the Administrative Resolution.

 

6.     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 SAGE at least two Business Days before the scheduled meeting and must explain the reasons they believe the Student Conduct Officer is unable to make an impartial decision. The Director –SAGE or their designee will disqualify or exclude any Student Conduct Officer who is not able, in their judgment, to make an impartial decision in the case. If the request is granted, the Director –SAGE or their designee will select another Student Conduct Officer to facilitate the Administrative Resolution.

 

7.     At the meeting, the Student Conduct Officer will explain the Administrative Resolution process to the Respondent. The Student Conduct Officer will explain the Respondent’s rights and describe the alleged violations of the Standards of Conduct. The Respondent will then have the opportunity to respond to the alleged violations, including providing witnesses for the Student Conduct Officer to meet with. At the conclusion of the meeting, the Respondent will decide whether to accept responsibility for the alleged violations and the Student Conduct Officer will explain the potential sanctions.

 

8.     If a Respondent does not attend a scheduled Administrative Resolution meeting, the Student Conduct Officer will determine the Respondent’s responsibility for the alleged violations of the Standards of Conduct and assign sanctions (if any) based on the information in their possession without the Respondent’s participation.

 

9.     If the Respondent accepts responsibility or is found responsible for violating the Standards of Conduct 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 (generally within 10 Business Days).

 

10.  If an undergraduate Respondent accepts responsibility or is found responsible for violating the Standards of Conduct and is subject to suspension or dismissal, the Student Conduct Officer will consult with the Council of Deans of Student Affairs (generally within five Business Days of conclusion of the Administrative Resolution). The Council of Deans of Student Affairs will decide the final sanction(s). Thereafter, the Student Conduct Officer will notify the Respondent in writing with a brief summary of the Administrative Resolution and assigned sanctions (generally within 10 Business Days of the final determination of sanctions).

 

11.  If a graduate Student, medical or pharmacy Student, Extended Studies Student, or Student Organization accepts responsibility or is found responsible for violating the Standards of Conduct 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 (generally within 10 Business Days of the Administrative Resolution).

 

12.  If the Respondent does not accept responsibility for one or more alleged violations and the Student Conduct Officer believes there may be a Preponderance of the Evidence to sustain those alleged violations, the Student Conduct Officer will refer the matter to SAGE for a Student Conduct Review by notifying the Respondent in writing with a brief summary of the meeting and potential sanctions (generally within five Business Days of the Administrative Resolution).

13.  If the Student Conduct Officer determines there may not be a Preponderance of the Evidence to sustain all alleged violation(s) of the Standards of Conduct and the matter is not forwarded to a Student Conduct Review, the Respondent will be notified in writing (generally within 10 Business Days of the Administrative Resolution), that the alleged violation(s) have been dismissed.

 

G.    STUDENT CONDUCT REVIEWS

 

If a Respondent does not accept responsibility at the Administrative Resolution, they have the right to a Student Conduct Review. A Student Conduct Review provides an opportunity for the Community Standards Board or Review Officer to hear and receive the Respondent’s information, witnesses, and response to the alleged violations, and to determine the Respondent’s responsibility for the alleged violations.

 

1.     All cases referred to a Student Conduct Review will be assigned to the Community Standards Board or a Review Officer. However, in the case of professional school Respondents whose schools have established school-specific resolution procedures, those procedures may be utilized, at the sole discretion of the University, in place of the ones provided for in these Procedures.

 

2.     The Community Standards Board will be comprised of:

 

a.     No fewer than 8 undergraduate Students (one from each undergraduate College) appointed by the Vice Chancellor – Student Affairs and Campus Life or their designee, in consultation with the College Deans of Student Affairs or their designees and respective College Councils. 

 

b.     Up to 3 graduate or professional school Students appointed by the Vice Chancellor – Student Affairs or their designee.

 

a.     Graduate Students will be appointed in consultation with the Graduate and Professional School Association (GPSA) and the Dean of Graduate Education and Postdoctoral Affairs or their designee.

 

b.     Medical Students will be appointed in consultation with the Student Government of the School of Medicine and the Associate Dean of Admissions and Student Affairs, School of Medicine or their designee.

 

c.     Pharmacy Students will be appointed in consultation with the Skaggs School of Pharmacy Associated Students and the Dean of the Skaggs School of Pharmacy or their designee.

 

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

 

a.     Staff members will be appointed by the Vice Chancellor – Student Affairs and Campus Life or their designee.

 

b.     Faculty members will be appointed by the Academic Senate.

 

d.     Community Standards Board members will be appointed to a minimum term of one year and may be re-appointed for additional terms.

 

3.     A Respondent or the Review Coordinator may request to have the Student Conduct Review conducted by a Review Officer rather than the Community Standards Board. All requests must be made in writing to the Director - SAGE or their designee prior to scheduling the Student Conduct Review. If the Director - SAGE or their designee grants the request, they will select a Review Officer and notify the Respondent and Review Coordinator prior to the Student Conduct Review.

 

4.     Student Conduct Reviews may be held during any academic term, including Summer Sessions.

 

5.     The Director - SAGE or their designee may make temporary appointees from the groups listed in Section G (2) above, if there are not enough regular appointees available to comprise the Community Standards Board for a Student Conduct Review. All temporary appointees will participate in training session(s) conducted by SAGE prior to serving on a Student Conduct Review.

 

6.     Based on availability, three members, including a Chair, will be selected and scheduled by the Review Coordinator for a Student Conduct Review conducted by the Community Standards Board. A Student Conduct Review facilitated by the Community Standards Board may not be held with less than three members, including the Chair.

 

a.     The Community Standards Board will be composed of at least one Student and at least one faculty and/or staff member.  

 

b.     The Chair of the Community Standards Board will be selected by the Review Coordinator based on the availability of members and will normally be a staff member.

 

c.     A Review Officer will be selected by the Review Coordinator for a Student Conduct Review not facilitated by the Community Standards Board.

 

d.     A University Representative will be selected by the Review Coordinator for the Student Conduct Review. The role of the University Representative will be to present information supporting the alleged violations. The University Representative will also ask questions of the Respondent and of any witnesses that appear at the Student Conduct Review.

 

e.     The Director – SAGE or their designee will serve as the Review Advisor and will attend the Student Conduct Review and subsequent deliberations. However, the Review Advisor will not vote in determining whether the Respondent is responsible for violating the Standards of Conduct.

 

7.     Respondents and Complainants are entitled to be accompanied by an Advisor during the Student Conduct Review process.

 

a.     The Advisor’s role is to provide support, guidance, and advice to the Respondent or Complainant.

 

b.     Participants electing to be accompanied by an Advisor must notify the Review Coordinator in writing and provide a copy of a signed “Consent to Release Student Records” form that allows the student conduct case and records information to be shared with the Advisor at least three Business Days prior to a pre-Review meeting and/or Student Conduct Review.

 

c.     All Advisors will be required to abide by the roles and expectations of an Advisor as specified in these Procedures. Advisors may be excluded by the Review Officer or Chair for failing to adhere to these rules.

 

d.     Associated Students (A.S.) or Graduate and Professional Student Association (GPSA) appointed Student Advocates may speak on behalf of their advisee so long as all procedural requirements are followed. Other Advisors (including, students, faculty, staff, and attorneys) will be limited to communicating with their advisee and will not interrupt, disrupt, or directly participate in the pre-Review meeting and/or the Student Conduct Review.

 

8.     The Respondent (and Complainant, if applicable) must meet with the Review Coordinator separately for a pre-Review meeting prior to scheduling the Student Conduct Review.

 

a.     The purpose of the pre-Review meeting is for the Review Coordinator to explain the Student Conduct Review process, key deadlines, potential participants, including other, relevant Respondents, and answer any relevant questions.

b.     Recordings of any kind (audio and/or video) are not permitted by anyone except the Review Coordinator at the pre-Review meeting.

 

c.     If the Respondent does not schedule the meeting following notice by the Review Coordinator, they have 2 business days to reschedule their pre-Review meeting. It is at the discretion of the Review Coordinator if the meeting will be rescheduled, and a Respondent may generally only request one change to the date and/or the time of the meeting.

d.     If the Respondent does not attend the scheduled pre-Review meeting, they will be presumed to no longer request a review of their alleged violations. The original Student Conduct Officer will determine the Respondent’s responsibility for their alleged violations and assign sanctions (if any) based on the information in their possession without the Respondent’s participation.  

 

e.     Absent extenuating circumstances, as determined by the Review Coordinator, if the Respondent does not reschedule within the 2 business day period, they will be presumed to no longer request a review of their alleged violations. The original Student Conduct Officer will then determine the Respondent’s responsibility for their alleged violations and assign sanctions (if any) based on the information in their possession without the Respondent’s participation.

 

9.     Multiple Respondents may be scheduled to participate in a group Student Conduct Review at the discretion of the Director – SAGE or their designee when the alleged violations result from the same underlying incident. Student Conduct Reviews with multiple Respondents will follow the format described in Section G (25) below.

 

a.     A Respondent assigned to a group Student Conduct Review may request to have their Student Conduct Review handled separately from the other Respondents. All requests must be made in writing to the Review Coordinator at least three Business Days prior to scheduling the Student Conduct Review.

 

b.     In considering whether to grant a Respondent’s request, the Director - SAGE or their designee will determine whether separate Student Conduct Reviews are appropriate and will consider the basis of the request and the practicality of conducting multiple separate Student Conduct Reviews. If the Director - SAGE or their designee grants the request, the Review Coordinator will notify the Respondent and Review Advisor prior to scheduling the Student Conduct Review.

 

c.     If there are three or more Respondents involved, the request for a separate Student Conduct Review will apply only to the Respondent(s) requesting the separate Student Conduct Review.

 

10.  Until the actual start of the Student Conduct Review, the Respondent may accept responsibility for the alleged violations with the original Student Conduct Officer or the Review Coordinator and waive their right to a Student Conduct Review. If the Respondent accepts responsibility for the alleged violations before the Student Conduct Review, the pending Student Conduct Review will be canceled, and the original Student Conduct Officer will assign sanctions as described in Section (F) above.

 

11.  At least 10 Business Days before the Student Conduct Review, the Review Coordinator will provide the Respondent the following information in writing:

 

a.     Notification of the alleged violations of the Standards of Conduct;

 

b.     Summary of the information relating to the alleged violations of the Standards of Conduct;

 

c.     The date, time and place of the Student Conduct Review;

 

d.     The name(s) of the Community Standards Board members or Review Officer, the Review Advisor, and the University Representative;

 

e.     Electronic or hard copy versions of case materials to be reviewed at the Student Conduct Review (e.g., incident report, police incident summary, etc.);

 

f.       Information about how to request the presence of witnesses during the Student Conduct Review; 

 

g.     Information about how to request assistance from campus resources; and

 

h.     Information about requesting accommodations from the Office for Students with Disabilities and notifying the Review Coordinator of any pre-approved accommodations.

 

12.  A Respondent who cannot attend the scheduled Student Conduct Review must request a new date and/or time for the Student Conduct Review at least three Business Days prior to the Student Conduct Review. All requests must be submitted to the Review Coordinator and describe the reasons for the request to reschedule the Review. It is at the discretion of the Director - SAGE or their designee if the Student Conduct Review will be rescheduled. A Respondent may only request one change to the date and/or time of the Student Conduct Review.

 

13.  The Director - SAGE or their designee may grant a supplemental Student Conduct Review, at their discretion, to enable the participation of relevant parties to provide their information to the Community Standards Board or Review Officer, the University Representative, and all Respondents. Supplemental Student Conduct Reviews involving witnesses may be held prior to or after the initial Student Conduct Review.

 

14.  If, after notice is sent by the Review Coordinator, the Respondent does not appear at the Student Conduct Review at the scheduled date and/or time, the Community Standards Board or Review Officer may conduct the Student Conduct Review without the Respondent’s participation and determine the Respondent’s responsibility for the alleged violations of the Standards of Conduct.

 

15.  A Student Conduct Review may be conducted on a non-Business Day at the discretion of the Director - SAGE or their designee with the agreement of all involved participants.

 

16.  All Student Conduct Reviews will be closed to the public. Only members of the Community Standards Board, the Review Officer, the Review Advisor, the University Representative, the Respondent (and their Advisor, if any), the Complainant (and their Advisor, if any), and witnesses will typically be permitted to participate in the Student Conduct Review.

 

17.  The Review Advisor will facilitate a recording of the Student Conduct Review.  Recordings of any kind (audio and/or video) are not permitted by anyone except the Review Coordinator or Review Advisor. The recording will become part of the Respondent’s student conduct record. Community Standards Board deliberations will not be recorded.

18.  Members of the University Community are encouraged to appear at a Student Conduct 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 Student Conduct Review as a witness if they have direct knowledge or information regarding the incident in question. Character witnesses are generally not allowed to appear without the permission of the Director – SAGE or their designee upon a showing of good cause.

 

19.  Witnesses who are unavailable to attend a Student Conduct Review may, in the discretion of the Chair or Review Officer, be permitted to submit a written statement. Written statements must be submitted by the witness to the Review Coordinator at least three business days prior to the Review and must include an explanation of the witnesses’ unavailability. Before a written statement of an unavailable witness may be presented at a Student Conduct Review, the Chair or Review Officer in consultation with the Review Advisor will first determine whether the written statement appears to be authentic.

 

20.  All documents and names of witnesses to be presented at the Student Conduct Review by the University Representative and the Respondent must be submitted to the Review Coordinator at least three Business Days prior to the Student Conduct Review.  The Review Coordinator will provide copies of submitted documents and witness lists to the University Representative, Respondent, and Community Standards Board or Review Officer at least two Business Days prior to the Student Conduct Review. Any documents or names of witnesses submitted and/or discovered less than three Business Days prior to the Student Conduct Review (including at the Student Conduct Review itself) may only be considered at the discretion of the Chair or Review Officer in consultation with the Review Advisor.

 

21.  A Respondent or Complainant may request, in writing, that a Community Standards Board member be disqualified from participating in a Student Conduct Review.  The request must be made to the Review Coordinator at least three Business Days before the scheduled Student Conduct 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 - SAGE or their designee will disqualify any Community Standards Board member who is not able, in their judgment, to make an impartial decision. If the Director - SAGE or their designee grants a disqualification request, they will select another Community Standards Board member to replace the disqualified member. The Review Coordinator will notify the Respondent, University Representative, and Complainant prior to the Student Conduct Review.

 

22.  A Respondent or Complainant may request, in writing, that the Review Advisor or Review Officer be disqualified from participating in a Student Conduct Review. The request must be made to the Review Coordinator at least three Business Days before the scheduled Student Conduct 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 - SAGE or their designee will disqualify any Review Advisor or Review Officer who they believe is not able, in their judgment, to impartially serve in that role. If the Director - SAGE or their designee grants a disqualification request, they will select another Review Advisor or Review Officer to replace the disqualified staff member. The Review Coordinator will notify the Respondent, University Representative, and Complainant prior to the Student Conduct Review.

 

23.  Any member of the Community Standards Board, the Review Advisor, or a Review Officer who believes that they are unable to conduct a fair and impartial Student Conduct Review and/or has identified a conflict of interest will disqualify themselves from participating in the Student Conduct Review. Such decision should be communicated in writing to the Review Coordinator at least three Business Days prior to the start of the Student Conduct Review. The Director - SAGE or their designee will select another Community Standards Board member, Review Advisor, or Review Officer to replace the disqualified person. The Review Coordinator will notify the Respondent, University Representative, and Complainant prior to the Student Conduct Review.

 

24.  The Chair or Review Officer is responsible for facilitating the Student Conduct Review and, in consultation with the Review Advisor, will make decisions regarding witnesses, information, and procedures. 

 

a.     The Chair or Review Officer may exclude any person who disrupts the Student Conduct Review.

 

b.     The Chair or Review Officer may institute reasonable time or other restrictions on the delivery of participant and witness information to complete the Student Conduct Review in a reasonable amount of time.

 

25.  The Chair or Review Officer will begin the Student Conduct Review by explaining the process to participants. Next, the University Representative will present information and/or witnesses supporting the alleged violations. The Respondent will then present information and witnesses responding to the alleged violations. The Community Standards Board or Review Officer, Respondent, and University Representative may ask questions of any witnesses (including Respondent) who provide statements at the Student Conduct Review. The Community Standards Board or Review Officer will also review the applicable report(s) and other information. The University Representative and Respondent may give closing statements.  Lastly, the Chair or Review Officer will conclude the Student Conduct Review by explaining the next steps in the process.

 

26.  If a Respondent does not attend a scheduled Student Conduct Review, the Community Standards Board or Review Officer will determine the Respondent’s responsibility for the alleged violations of the Standards of Conduct and assign sanctions (if any) based on the information in their possession and received at the Review without the Respondent’s participation.

 

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

 

a.     The Community Standards Board or Review Officer will determine whether the Respondent is responsible for the alleged violation(s) of the Standards of Conduct.  If the Respondent is found not responsible for all alleged violations, the matter will be dismissed and the student conduct process completed.

b.     In determining whether a Respondent is responsible for violating the Standards of Conduct, the Community Standards Board or Review Officer will base its fact-finding determination(s) on the Preponderance of the Evidence, with the University bearing the burden of proof.

 

28.  After the conclusion of deliberations, the Chair or Review Officer will submit a Student Conduct Review Report to the Review Coordinator summarizing the information presented at the Student Conduct Review and the Community Standards Board’s or Review Officer’s findings for the alleged violations of the Standards of Conduct.

 

29.  The Review Coordinator will forward the Student Conduct Review Report to the original Student Conduct Officer (generally within five Business Days of the conclusion of the Student Conduct Review). 

 

a.     If the Respondent is found responsible for violating the Standards of Conduct, and except as set forth below, the original Student Conduct Officer will assign sanctions. In assigning sanctions, the Student Conduct Officer should consider the findings in the Student Conduct Review Report, applicable sanctioning guidelines, and the Respondent’s student conduct record.

 

b.     If the Student Conduct Officer does not assign suspension or dismissal as a sanction, the Review Coordinator will provide the Respondent in writing with the Student Conduct Review Report and assigned sanctions (generally within five Business Days of receiving the report).

 

c.     If the Student Conduct Officer determines that a suspension or dismissal is warranted as a sanction for an undergraduate Student, they will consult with the Council of Deans of Student Affairs. The Council of Deans of Student Affairs will make the final determination of the sanctions. Thereafter, the Review Coordinator will provide the Respondent in writing with the Student Conduct Review Report and assigned sanctions (generally within five Business Days of the final determination of sanctions).

 

d.     If the Student Conduct Officer determines that a suspension or dismissal is warranted as a sanction for a graduate Student, Extended Studies Student or Student Organization, the Review Coordinator will provide the Respondent in writing with the Student Conduct Review Report and assigned sanctions (generally within five Business Days of receiving the report).

 

30.  If a medical or pharmacy Student is found responsible for violating the Standards of Conduct, the Review Coordinator will forward the Student Conduct Review Report in writing to the Respondent and the relevant Standing and Promotions Committee (School of Medicine) or Academic Oversight Committee (Skaggs School of Pharmacy) (generally within five Business Days of the conclusion of the Student Conduct Review).

 

a.     The relevant committee will meet with the Respondent to discuss sanctions. In assigning sanctions, the relevant committee should consider the findings in the Student Conduct Review Report, relevant sanctioning guidelines (if any), and the Respondent’s student conduct record.

 

b.     The relevant committee will notify the Respondent in writing with the assigned sanctions upon conclusion of its proceedings. The relevant committee will notify the Review Coordinator of the sanctions assigned to the Respondent.

 

31.  If the Community Standards Board or Review Officer finds the Respondent not responsible for all alleged violations of the Standards of Conduct, the Review Coordinator will forward the Student Conduct Review Report to the Student Conduct Officer for review (generally within five Business Days of the conclusion of the Student Conduct Review). The Review Coordinator will then provide the Respondent with the Student Conduct Review Report and notify them in writing that all alleged violations of the Standards of Conduct have been dismissed (generally within five Business Days after providing the report to the Student Conduct Officer).

 

H.    SANCTIONS AND UNIVERSITY ACTIONS

 

Violations of the Standards of Conduct may result in sanctions based on the specific circumstances of the incident, the Respondent’s student conduct record, and applicable sanctioning guidelines. Any sanction assigned should be appropriate to the violation and may be educational in nature.

 

1.     A Respondent’s student conduct record is cumulative. Therefore, sanctions assigned in subsequent incidents may be increased to take into consideration the Respondent’s overall record of violations, regardless of whether the violations are similar. Violations of the Standards of Conduct during an active sanction period may be cause for further action.

 

2.     Specific factors that may be considered in increasing or lessening a sanction include:

 

a.     The severity of the violation;

 

b.     The Respondent’s student conduct record;

 

c.     The nature of the violation;

 

d.     The severity of any damage; and

 

e.     Any injury or harm resulting from the matter to necessitate student conduct action.

 

3.     When a Respondent accepts responsibility or is found responsible for violating the Standards of Conduct, one or more of the sanctions identified anywhere in PACAOS Section 105.00 may be assigned. Any of the following sanctions may also be assigned:

 

a.     Other Sanctions: Other sanctions may be assigned instead of, or in addition to, those specified in PACAOS Section 105.00 at the discretion of the Student Conduct Officer or Council of Deans of Student Affairs. Other sanctions may include, but are not limited to, no contact orders, written apologies, placement of a hold on University transcripts, diplomas, or other student records, restitution, and/or other sanctions as deemed appropriate in light of the violation(s).

 

b.     Educational Sanctions: Educational sanctions may be assigned instead of, or in addition to those specified in PACAOS Section 105.00 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.

 

I.       INTERIM ACTIONS

 

1.     Any sanction authorized by PACAOS Section 105.00, or these Procedures may be assigned on an interim basis by the Director - SAGE or their designee in consultation with the Dean or their designee or the Executive Director of the Center for Student Involvement or their designee. In imposing such interim action, the Director - SAGE or their designee will attempt to ensure that 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 Property is reasonably likely to lead to:

 

a.     Physical harm to any person or property;

 

b.     Threats of violence;

 

c.     Conduct that threatens the health or safety of any person; or

 

d.     Other disruptive activity incompatible with the orderly operation of the campus. This includes conduct creating an immediate and/or continuing disruption to the health and safety of members of the University community, teaching, research, administration, disciplinary procedures, or other University-Supported Activities, or access and/or use of University Property. (see UC San Diego Policy on Speech, Advocacy and Distribution of Literature on University Grounds (Policy and Procedure Manual, Section 510-1 IX) for guidelines related to expressive activity on University Grounds and Facilities).

 

2.     The Director - SAGE or their designee must submit proposed Interim Suspensions to the Chancellor or their designee for review prior to implementation. If the Chancellor or their designee does not approve the proposed Interim Suspension, it will not be implemented. Interim Suspensions will be re-reviewed by the Chancellor or their designee within 24 hours.

 

3.     A Student or Student Organization suspended on an interim basis will have the opportunity to participate in an Interim Suspension hearing with an Interim Suspension Hearing Officer. The Interim Suspension Hearing Officer will not be the same staff member who submits proposed Interim Suspensions for review.

 

4.     The Director – SAGE or their designee will provide the Respondent the following information, in writing, at least three Business Days before the hearing:

 

a.     Summary of the information relating to the interim suspension;

 

b.     The date, time, and place of the hearing;

 

c.     The name of the Interim Suspension Hearing Officer; 

 

d.     Electronic or hard copy versions of case materials to be reviewed at the hearing (e.g., incident report, police incident summary, etc.);

 

e.     Information about how to request the participation of witnesses;

 

f.       Information about how to request assistance from campus resources; and

 

g.     Information about requesting accommodations from the Office for Students with Disabilities and notifying the Interim Suspension Hearing Officer of any pre-approved accommodations.

 

5.     Interim Suspension hearings are closed to the public.  Recordings of any kind (audio and/or video) are not permitted to be facilitated by the Respondent, Complainant, witnesses, or Advisors.

 

6.     During the Interim Suspension hearing, the Student or Student Organization may present information to support discontinuing the Interim Suspension in accordance with Section I (7) below. The Student or Student Organization may also be accompanied to the hearing by an Advisor. All provisions in these Procedures pertaining to Advisors apply during an Interim Suspension hearing.

 

7.     After the Interim Suspension hearing, the Interim Suspension Hearing Officer will determine whether the Interim Suspension should continue until a final determination about whether the Respondent violated the alleged violations of the Standards of Conduct is reached, including appeals if applicable. The Interim Suspension Hearing Officer will make their decision based on whether the continued presence of the Student or Student Organization is reasonably likely to lead to any of the prohibited conduct referenced in Section (I) (1) above. Administrative Resolutions and Student Conduct Reviews involving Students or Student Organizations on Interim Suspension will have scheduling priority.

 

8.     If the Respondent does not appear at the hearing at the scheduled date, time, and location after proper notice by the Director - SAGE or their designee, the Interim Suspension Hearing Officer may conduct the hearing without the participation of the Respondent and determine whether to continue the Interim Suspension.

 

9.     The Interim Suspension Hearing Officer will notify the Respondent in writing whether the Interim Suspension will continue, including a summary of the hearing (generally within five Business Days).

 

10.  The Director - SAGE or their designee, in consultation with the relevant Dean or their designee or the Executive Director of the Center for Student Involvement or their 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 time period. 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 the Standards of Conduct.

 

11.  The Director – SAGE or their designee, in consultation with the relevant Dean or their designee or the Executive Director of the Center for Student Involvement or their designee may take further protective action that they deem appropriate concerning the interaction of the parties throughout the process, including housing assistance and/or academic support.

 

J.     APPEALS AND SANCTION REDUCTION REQUESTS

 

A Student or Student Organization found responsible for violating the Standards of Conduct in a Student Conduct Review has the right to appeal the decision and/or request a reduction of the assigned sanction(s). A Student or Student Organization accepting responsibility in an Administrative Resolution may only request a reduction of the assigned sanction(s).

 

1.     Appeals and sanction reduction requests must be submitted to SAGE via the Appeal/Sanction Reduction Request Form within 10 Business Days of the notice of the original decision. The request must sufficiently explain the grounds for the request in accordance with Section (J) (3) or (4) below and include all the supporting reasons, information, arguments, and documents. The Respondent will, upon request to SAGE, be given access to the Administrative Resolution meeting or Student Conduct Review record (e.g., written decision and/or recording)  before submitting an appeal or sanction reduction request  If an appeal and/or sanction reduction request are not received by the deadline or if the Respondent fails to comply with the procedures in this section, the decision will become final with no further right to appeal. Appeal and/or sanction reduction requests by:

 

a.     An undergraduate Student will be reviewed by the Council of Provosts.

 

b.     A graduate Student will be reviewed by the Dean of Graduate Education and Postdoctoral Affairs.

 

c.     A medical or pharmacy Student will be reviewed by the respective Dean of their school.

 

d.     An Extended Studies Student will be reviewed by the Dean of UC San Diego Extended Studies.

 

e.     A Student Organization will be reviewed by the Assistant Vice Chancellor – Student Life.

 

2.     If a Respondent submits a timely appeal or sanction reduction request, the reviewing group or individual may direct SAGE to 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 SAGE to the Respondent, who may respond in writing.

 

3.     Appeals may only be based upon one or more of the following reasons:

 

a.     The determinations of responsibility for the violations are not supported by the findings;

 

b.     There was unfairness in the proceedings that prejudiced the result (e.g., the denial of due process); or

 

c.     There is newly discovered information not known at the time of the Student Conduct Review that would have affected the result.

 

4.     Sanction reduction requests may only be based upon the reason that the sanction(s) assigned is grossly disproportionate to the violation committed, the Student’s conduct record, and applicable sanctioning guidelines.

 

5.     The individual or group reviewing an appeal and/or sanction reduction request will consider the record of the Administrative Resolution meeting or Student Conduct Review, the Respondent’s request, including their statements, information, and reasons for the request, and any written statement or response by the Complainant, Respondent, or relevant University Official.

 

6.     Sanctions will normally go into effect after an appeal and/or sanction reduction request, unless otherwise decided at the discretion of the Student Conduct Officer (individual Students) or the Executive Director of the Center for Student Involvement (Student Organizations), in consultation with the Director - SAGE or their designee.

 

7.     The group or individual reviewing an appeal of a decision made by the Community Standards Board or Review Officer and/or a sanction reduction request of the sanctions assigned by the Student Conduct Officer will decide one or more of the following in whole or in part:

 

a.     Affirm the decision;

 

b.     Refer the incident back to SAGE for re-review by a new Community Standards Board or Review Officer. The new Community Standards Board or Review Officer will not be provided the previous decision and/or assigned sanction(s) and will be reminded of applicable procedures to ensure proper handling of the Student Conduct Review;

 

c.     Dismiss the decision;

 

d.     Affirm the sanction(s) assigned;

 

e.     Modify the sanction(s) assigned (e.g., increase or decrease); or,

 

f.       Dismiss the sanction(s) assigned.

 

8.     Respondents will generally be notified in writing of the decision by SAGE within 10 Business Days of the date the request was provided to the group or individual reviewing the request listed in Section J (1) above. A brief statement explaining the basis of the decision by the group or individual reviewing the request will be included with this notice. The result of the appeal or sanction reduction request is final.

 

K.    STUDENT CONDUCT RECORDS

 

1.     The referral of a report of alleged violations to SAGE may result in the development of a student conduct record for the Respondent.

 

2.     A Student or Student Organization’s student conduct record will generally contain the applicable incident report(s) and/or supplemental report(s), meeting and decision letters, and other documents related to student conduct incidents the Student or Student Organization have been involved in while a UC San Diego Student or Student Organization.

 

3.     The student conduct record of a Student or Student Organization who accepted responsibility or was found responsible for violations of the Standards of Conduct will normally be retained by SAGE for seven years from the end of the academic year in which the incident resolved or as otherwise required by law (whichever is longer), regardless of whether the Student graduated.

 

4.     The record of a student conduct matter resulting in a Student or Student Organization’s dismissal and accompanying transcript notations will normally be retained for 50 years from the end of the academic year in which the incident is resolved.

 

5.     Student conduct records of a Student or Student Organization found not responsible for all violations of the Standards of Conduct will normally be retained for seven years from the end of the academic year in which the incident resolved or as otherwise required by law (whichever is longer). However, such records will not be considered while determining sanctions in a subsequent case.

 

 

RESPONSIBILITIES

 

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. As the Chancellor’s campus representative, the Vice Chancellor - Student Affairs administers and has oversight of campus student conduct policies, except where specifically delegated to other functional areas.

 

Questions concerning the application and/or interpretation of these Procedures may be directed to the Director - SAGE.

 

SAGE is responsible for facilitating campus-wide notification to students, staff, and faculty about the most current version of these Procedures in the campus Policy and Procedure Manual (PPM).

 

Except when revisions are required by the University of California Office of the President, and/or applicable law or policy, Students, student governments, faculty, and staff should generally be consulted about the development and revision of these Procedures through the UC San Diego Student Conduct Standards Group.

 

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

 

1.     The duties and responsibilities of the Director - SAGE generally include:

 

a.     Serves as UC San Diego’s Senior Student Conduct Officer, facilitates Administrative Resolutions, imposes interim actions, and oversees the Student Conduct Review process.

 

b.     Oversees training and advising of all Student Conduct Officers, the Community Standards Board, Review Officers, Review Advisors, A.S. Student Advocates (in collaboration with the Office of Student Legal Services), and any others who are routinely involved the student conduct process.

 

c.     Serves as an information resource for Members of the University Community regarding student conduct processes and procedures.

 

d.     Oversees the maintenance, storage, and disposition of non-academic student conduct records.

 

e.     Submits regular statistical reports to the campus community, including, but not limited to, the number of cases reported, the number of cases resulting in sanctions, and the range of sanctions assigned.

 

f.       Conducts and facilitates a periodic review of these Procedures with the Student Conduct Standards Group.

 

2.     The duties and responsibilities of the Deans of Student Affairs, the Division of Graduate Education and Postdoctoral Affairs, and Professional Schools (or their designees) generally include:

 

a.     Resolves reports of alleged violations referred by SAGE for action, including use of alternative resolution options (e.g., mediation, restorative justice, written warning notices).

 

b.     Consults with the Director - SAGE or their designee on the imposition of interim actions, including Interim Suspension.

 

c.     Serves as a Student Conduct Officer and facilitates Administrative Resolutions.

 

d.     Reviews sanctioning recommendations to promote consistency and fairness when required by these Procedures (e.g., Council of Deans of Student Affairs).

 

e.     Participates in training sessions facilitated by SAGE.

 

3.     The duties and responsibilities of Student Conduct Officers generally include:

 

a.     Facilitates Administrative Resolutions per the procedures set forth in these Procedures.

 

b.     Coordinates Administrative Resolution logistics, including the date, time, and place of meeting, and provides the Respondent with information (e.g., incident reports, video footage) to be discussed during the meeting.

 

c.     Upon concluding an Administrative Resolution, documents whether the Respondent has accepted responsibility for violating the Standards of Conduct and refers the matter to a Student Conduct Review if the Respondent does not accept responsibility.

 

d.     Assigns fair and appropriate sanctions to Respondents accepting responsibility for violating the Standards of Conduct.

 

e.     Participates in training sessions facilitated by SAGE.

 

4.     The duties and responsibilities of the Community Standards Board and Review Officers generally include:

 

a.     Facilitates Student Conduct Reviews per the procedures set forth in these Procedures.

 

b.     Upon concluding a Student Conduct Review, determines whether the Respondent has violated the Standards of Conduct based on the Preponderance of the Evidence.

 

c.     Maintains confidentiality related to all aspects of the Student Conduct Review process. 

 

d.     Participates in training sessions facilitated by SAGE.

 

5.     The duties and responsibilities of Review Advisors generally include:

 

a.     Serves as ex officio member of the Community Standards Board.

 

b.     Advises the Community Standards Board or Review Officer regarding Student Conduct Review procedures and decision-making processes.

 

c.     Reviews the Student Conduct Review Report submitted by the Chair or Review Officer after conclusion of deliberations.

 

d.     Participates in training sessions facilitated by SAGE.

 

6.     The duties and responsibilities of Review Coordinators generally include:

 

a.     Manages the administrative and procedural aspects of Student Conduct Reviews.

 

b.     Conducts pre-Review meetings with Respondents to explain the Student Conduct Review process, key deadlines, potential participants, and answer relevant questions.

 

c.     Upon completion of the Student Conduct Review, provides the Respondent with the Student Conduct Review Report and assigned sanctions (if any) from the Student Conduct Officer.

 

d.     Participates in training sessions facilitated by SAGE.

7.     The duties and responsibilities of University Representatives generally include:

 

a.     Presents relevant information (e.g., incident reports and other relevant documents) and witnesses on behalf of the University at Student Conduct Reviews.

 

b.     Asks questions of the Respondent and witnesses at Student Conduct Reviews.

 

c.     Maintains confidentiality related to all aspects of the Student Conduct Review process.

 

d.     Participates in training sessions facilitated by SAGE.

 

8.     The duties and responsibilities of Advisors generally include:

 

a.     Provides support, guidance, and advice to Students during Administrative Resolutions and Student Conduct Reviews.

 

b.     The Associated Students (A.S.) Office of Student Advocacy and the Graduate and Professional Student Association (GPSA) appoint Student Advocates to serve as Advisors. Student Advocates are jointly trained by SAGE and the Office of Student Legal Services.

 

c.     The Procedures are part of the University’s overall educational process, and not expected that Students will require the assistance of attorneys. However, Students may engage attorneys for legal advice and/or assistance as an Advisor.

 

 

PROCEDURES

 

See Policy Statement section above.

 

All deadlines and time requirements in these Procedures may be extended for good cause by the Director - SAGE or their designee, even absent an explicit request. Deadline extension requests must be made in writing to the Director – SAGE or their designee, who will determine based on the totality of circumstances whether or not the extension is granted. If granted, the Director - SAGE or their designee will specify the date of the new deadline or event. 

 

Suspensions will normally take effect in the academic quarter immediately following the quarter in which the notice of final sanctions to the Respondent is sent, unless the incident involves harm to self or others, threats of violence, or other circumstances warranting an immediate suspension.

 

 

FORMS

 

Appeal/Sanction Reduction Request Form:

https://studentconduct.ucsd.edu/sanctions/appeal-reduction.html

 

Incident Report Form:

https://ucsd-advocate.symplicity.com/public_report/index.php/pid055726?rep_type=1001

 

 

RELATED INFORMATION

 

See also University of California Policies Applying to Campus Activities, Organizations, and Students sections:

100.00              Policy on Student Conduct and Discipline

https://policy.ucop.edu/advanced-search.php?action=welcome&op=browse&subject=15

 

 

FREQUENTLY ASKED QUESTIONS (FAQ’S)

 

Please see https://studentconduct.ucsd.edu/procedures/faq.html for a list of Frequently Asked Questions about the student conduct process.

 

 

REVISION HISTORY

 

06/29/2020: This policy was transferred to the PPM in its current format. Previously, it was constituted as Section 22 of the UC San Diego Student Conduct Regulations.

 

09/08/2020: Interim revisions were made to the policy. The interim policy reflected time sensitive updates to the current Student Conduct Policy that addressed the COVID19 pandemic as well as recent changes to theSVSH policy per the Department of Education.

 

09/15/2021: Interim revisions were made to the policy. The interim policy reflected additional time sensitive updates to Student Conduct Policy that addressed the COVID19 pandemic. Additionally, due to a recent title change, the Director of Student Conduct’s title was updated throughout the document to reflect this change.

 

10/06/2023: Incorporated interim revisions from 2020 and 2021 along with additional revisions made in 2023 policy review process. Updated Community Standards Board membership and requirements, clarified role of Interim Suspension Hearing Officer, and clarified process of reporting alleged violations. Additionally, due to a recent rebranding, the references to the Office of Student Conduct were changed to the Center for Student Accountability, Growth, and Education or SAGE.

 

09/19/2024: Interim revisions were made to the policy. The interim policy reflects time sensitive updates to the current Student Conduct Policy that clarifies Standards of Conduct relating to failure to comply, obstruction, and concealment of identity. The revisions also update provisions for Administrative Resolution meetings, pre-Review meetings, and Student Conduct Reviews.