UCSF Policy on Student Conduct and Discipline

Effective September 9, 2019

 

If you have any questions regarding student’s rights and responsibilities or would like to report an incident of non-academic/non-professionalism misconduct, please contact the Director of Student Rights and Responsibilities, Maria S. Jaochico, at 
415-502-3302 or [email protected]


Any person who believes he or she has been subjected to discrimination, including harassment and retaliation, on the basis of a protected category may file a complaint with the Office for the Prevention of Harassment and Discrimination (OPHD) at 415-502-3400 or [email protected].


I. Introduction
The mission of the University of California, San Francisco is advancing health worldwide. As future health care professionals and health science researchers, UCSF students are held to high standards of behavior, particularly in matters of ethics, judgment, and professionalism. As such, student conduct is considered a part of a student’s academic performance. Although the final authority for the administration of student discipline rests with the Chancellor, student conduct is addressed by the Dean (or designee) of the student’s School or the Graduate Division. The Dean (or designee) shall be made aware of alleged misconduct, determine the appropriate response for alleged violations of conduct (either via academic professionalism standards and/or via student conduct procedures), determine the responsibility of those charged, and provide or recommend the appropriate method of resolution.

UCSF’s Principles of Community (https://diversity.ucsf.edu/about/principles-of-community) and PRIDE Values (https://www.ucsf.edu/about/mission-and-values) illustrates the expectations for all members of the UCSF community as we work together to fulfill UCSF’s mission. Students are expected to act consistently with the values of the University community and to follow University policies and Implementing Regulations.

This policy describes the procedures for addressing alleged violations of Grounds for Discipline 102.02 to 102.25, and 102.27, which describes non-academic/non-professionalism misconduct. By adapting or inserting the actual language of Section 100.00 Policy on Student Conduct and Discipline of the University of California Policies Applying to Campus Activities, Organizations and Students (PACAOS), this UCSF Policy on Student Conduct and Discipline is the campus implementing regulations for PACAOS Section 100.00 and remains consistent with the systemwide Policy. PACAOS should be followed and read in conjunction with this document and can be found at https://ucop.edu/student-affairs/policies/student-life-policies/pacaos.html.  


II. Student Misconduct 
The discipline and adjudication procedures detailed in this policy apply to alleged violations of the Grounds for Discipline 102.02 to 102.25, and 102.27. In these matters, the Dean’s designee shall be Student Life’s Student Conduct Officer.

Determinations for graduation eligibility and degree conferral may be deferred until all allegations and any assigned sanctions and conditions have been fully resolved.


III. Other Relevant Policies and Procedures that May Apply to Student Misconduct
Students facing multiple allegations of misconduct will, at the discretion of the University, be subject to the applicable policies and procedures for each of the respective violations. These processes may occur concurrently and may result in additional and different outcomes, which may be in addition to those described in Section X, Types of Student Disciplinary Action.

Examples of relevant policies and procedures that may also apply to student misconduct, include:

A. Sexual Violence and Sexual Harassment
When a formal investigation is deemed appropriate for cases involving reports of Sexual Violence, Sexual Harassment or other prohibited conduct by the University Policy on Sexual Violence and Sexual Harassment (SVSH Policy), https://policy.ucop.edu/doc/4000385/SVSH, campuses shall implement the procedures set forth in PACAOS Appendix E: Sexual Violence and Sexual Harassment Student Adjudication Framework, https://policy.ucop.edu/doc/2710641/PACAOS-Appendix-E. Campuses will also apply PACAOS Appendix E to resolve reports of other violations of University policies that apply to students that occur in connection with violations of the SVSH Policy (PACAOS Grounds for Discipline 102.26).

PACAOS Grounds for Discipline 102.26
Violation of the University of California Policy on Sexual Violence and Sexual Harassment. 

B. Academic Professionalism Standards
Academic professionalism standards, including but not limited to matters related to PACAOS Grounds for Discipline 102.01 (Academic Misconduct) are subject to the Bylaws, Regulations and Appendices of the University of California, San Francisco Division of the Academic Senate (https://senate.ucsf.edu/san-franciso-division-bylaws), Appendix VII Divisional Procedure for Student Grievance in Academic Affairs (https://senate.ucsf.edu/appendix-VII) and all applicable School or Graduate Division academic policies and professionalism standards.

PACAOS Grounds for Discipline 102.01 (Academic Misconduct)
All forms of academic misconduct including but not limited to cheating, fabrication, plagiarism, or facilitating academic dishonesty.

Information to assist students with navigating the academic professionalism standards and procedures are available online at:

1. Graduate Division
https://graduate.ucsf.edu/code-conduct-and-integrity-research

2. School of Dentistry
https://dentistry.ucsf.edu/students/education/professionalism-statement
https://senate.ucsf.edu/appendix-VII

3. School of Medicine
http://meded.ucsf.edu/ume/md-competencies
http://meded.ucsf.edu/ume/policies

4. School of Nursing
https://nursing.ucsf.edu/for-students/current-student-resources

5. School of Pharmacy
http://pharmd.ucsf.edu/policies/misconduct
http://pharmd.ucsf.edu/policies/professionalism
http://pharmd.ucsf.edu/policies/offenses


IV. Applicability/Jurisdiction
Students are members of both society and the University community, with attendant rights and responsibilities. Students are expected to comply with all laws and with University policies and these implementing regulations.

A. Student

1.  The term "student" means an individual for whom the University maintains student records and who:

a) is enrolled in or registered with an academic program of the University;

b) has completed the immediately preceding term, is not presently enrolled, and is eligible for re-enrollment; or

c) is on an approved educational leave or other approved leave status, or is on filing-fee status.

2.   This policy also applies to:

a) applicants who become students, for offenses committed as part of the application process;

b) applicants who become students, for offenses committed on campus and/or while participating in University-related events or activities that take place following a student's submittal of the application through his or her official enrollment; and

c) former students for offenses committed while a student.

If the student takes a leave of absence or has withdrawn from the University while subject to student discipline, or is otherwise unavailable, the University may find it necessary to move forward to resolve the matter without the student’s participation.

B. Student Government and Student Registered Campus Organizations
Unless otherwise stated, wherever the Policy on Student Conduct and Discipline refers to “student” the same standards of conduct also apply to Student Government and Student Registered Campus Organizations.

C. Off-Campus Behavior
In addition to conduct which occurs on University property or in connection with official university related events, the University shall have the discretion to exercise jurisdiction over off-campus behavior if it: 

1. adversely affects the health, safety, or security of any member of the campus community; or

2. conflicts with the University’s mission and values (https://www.ucsf.edu/about/mission-and-values), Campus Code of Conduct (https://chancellor.ucsf.edu/policies-and-procedures), and UCSF Policy on Student Conduct and Discipline. In determining whether or not to exercise off-campus jurisdiction, the University may consider the seriousness of the alleged behavior, the risk of harm involved, whether the victim(s) are members of the campus community, and/or whether the off-campus conduct is part of a series of actions which occurred both on and off campus. 

D. Other UC Campuses and Off-Campus Sponsored Sites
A student, as defined in Section IV.A of these Policies, at one campus of the University, who is accused of violation of University policies or campus regulations on another campus of the University or at an official function of that campus, shall be subject to the disciplinary procedures of either the former or the latter campus as an outcome of conferral between designees of both campuses. The imposition of any recommendations for disciplinary sanctions arising from these procedures must be reviewed and approved by both campuses before the sanctions are imposed.

If an alleged violation of University policies occurs in connection with an official Universitywide function not on a campus, the student accused of the violation shall be subject to the disciplinary procedures of the campus at which the individual is a student, except in those cases in which the President directs otherwise.


V. Grounds for Discipline
Students may be held accountable for committing or attempting to commit (including aiding or abetting in the commission or attempted commission) of the following types of violations. Violation numbers correspond to PACAOS Section 102.00 (https://policy.ucop.edu/doc/2710530/PACAOS-100).

In addition to the violations outlined below, students at UCSF are held to a high standard of academic professionalism which are not governed by these procedures. Unprofessional behavior, as defined by each school and the Graduate Division, may result in the initiation of separate student discipline and/or academic professionalism discipline procedures. When the University learns of an alleged violation, referrals may be made to the appropriate office.

102.02
Other forms of dishonesty including but not limited to fabricating information, furnishing false information, or reporting a false emergency to the University.

102.03
Forgery, alteration, or misuse of any University document, record, key, electronic device, or identification.

102.04
Theft of, conversion of, destruction of, or damage to any property of the University, or any property of others while on University premises, or possession of any property when the student had knowledge or reasonably should have had knowledge that it was stolen.

102.05
Theft or abuse of University computers and other University electronic resources such as computer and electronic communications facilities, systems, and services. Abuses include (but are not limited to) unauthorized entry, use, transfer, or tampering with the communications of others; interference with the work of others and with the operation of computer and electronic communications facilities, systems, and services; or copyright infringement (for example, the illegal file-sharing of copyrighted materials).

Use of University computer and electronic communications facilities, systems, or services that violates other University policies or Implementing Regulations. Please refer to the UC Electronic Communications Policy (https://www.ucop.edu/information-technology-services/policies/electronic-communications.html) and Digital Copyright Protection at UC (http://www.ucop.edu/irc/policy/copyright.html) for the University’s position on digital copyright. 

See UCSF Administrative Policy Section 650-18 Authorized and Acceptable Use of Electronic Information Resources, https://policies.ucsf.edu/policy/650-18.

102.06
Unauthorized entry to, possession of, receipt of, or use of any University services; equipment; resources; or properties, including the University’s name, insignia, or seal.

102.07
Violation of policies, regulations, or rules governing University-owned, -operated, or -leased housing facilities or other housing facilities located on University property.

102.08
Physical abuse including but not limited to physical assault; threats of violence; or other conduct that threatens the health or safety of any person.

Sexual Violence (including Sexual Assault – Penetration, Sexual Assault-Contact and Relationship Violence) is defined by the University of California Policy on Sexual Violence and Sexual Harassment (https://policy.ucop.edu/doc/4000385/SVSH). Please refer to PACAOS Grounds for Discipline 102.26.

102.09
Harassment, defined as conduct 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.

Harassment 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 identify, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition, or perceived membership in any of these classifications. Pursuant to PACAOS Section 104.90, sanctions may be enhanced for conduct motivated on the basis of the above classifications.

Sexual Harassment is defined by the University of California University of California Policy on Sexual Violence and Sexual Harassment (https://policy.ucop.edu/doc/4000385/SVSH). Please refer to PACAOS Grounds for Discipline 102.26.

102.10
Stalking behavior in which a student repeatedly engages in a course of conduct directed at another person and makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her family; where the threat is reasonably determined by the University to seriously alarm, torment, or terrorize the person; and where the threat is additionally determined by the University to serve no legitimate purpose.

Stalking of a sexual or romantic nature is defined by the University of California Policy on Sexual Violence and Sexual Harassment (https://policy.ucop.edu/doc/4000385/SVSH). Please refer to PACAOS Grounds for Discipline 102.26.

102.11
(deleted on October 9, 2009: see http://www.ucop.edu/ucophome/coordrev/policy/pacaos10209.pdf)

102.12
Participation in hazing or any method of initiation or pre-initiation into a campus organization or other activity engaged in by the organization or members of the organization at any time that causes, or is likely to cause, physical injury or personal degradation or disgrace resulting in psychological harm to any student or other person.

102.13
Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other University activities.

102.14
Disorderly or lewd conduct.

102.15
Participation in a disturbance of the peace or unlawful assembly.

102.16
Failure to identify oneself to, or comply with the directions of, a University official or other public official acting in the performance of his or her duties while on University property or at official University functions; or resisting or obstructing such University or other public officials in the performance of or the attempt to perform their duties.

102.17
Unlawful manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of controlled substances, identified in federal and state law or regulations.

102.18
Manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of alcohol that is unlawful or otherwise prohibited by, or not in compliance with, University policy or Implementing Regulations. See the UCSF Alcohol Policy, https://policies.ucsf.edu/policy/200-31.

102.19
Possession, use, storage, or manufacture of explosives, firebombs, or other destructive devices.

102.20
Possession, use, or manufacture of a firearm or other weapon as prohibited by Implementing Regulations.

102.21
Violation of the conditions contained in the terms of a disciplinary action imposed under these Policies or Implementing Regulations.

102.22
Violation of the conditions contained in a written Notice of Emergency Suspension issued pursuant to PACAOS Section 53.00 or violation of orders issued pursuant to PACAOS Section 52.00, during a declared state of emergency.

102.23
Selling, preparing, or distributing for any commercial purpose course lecture notes or video or audio recordings of any course unless authorized by the University in advance and explicitly permitted by the course instructor in writing. The unauthorized sale or commercial distribution of course notes or recordings by a student is a violation of these Policies whether or not it was the student or someone else who prepared the notes or recordings.

Copying for any commercial purpose handouts, readers or other course materials provided by an instructor as part of a University of California course unless authorized by the University in advance and explicitly permitted by the course instructor or the copyright holder in writing (if the instructor is not the copyright holder).

102.24
Conduct, where the actor means to communicate a serious expression of intent to terrorize, or acts in reckless disregard of the risk of terrorizing, one or more University students, faculty, or staff. 'Terrorize' means to cause a reasonable person to fear bodily harm or death, perpetrated by the actor or those acting under his/her control. 'Reckless disregard' means consciously disregarding a substantial risk. This section applies without regard to whether the conduct is motivated by race, ethnicity, personal animosity, or other reasons. This section does not apply to conduct that constitutes the lawful defense of oneself, of another, or of property.

102.25
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.

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

These provisions do not extend to public events or discussions, or to lawful official law or policy enforcement activities. These provisions may not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly.

Definitions

"Express consent" is clear, unmistakable and voluntary consent that may be in written, oral or nonverbal form.

"Private locations" are settings where the person reasonably expected privacy. For example, in most cases the following are considered private locations: residential living quarters, bathrooms, locker rooms, and personal offices.

"Private, non-public conversations and/or meetings" include any communication carried on in circumstances that reasonably indicate that any party wants the communication to be confined to the parties, but excludes a 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.

Invasions of Sexual Privacy are defined by the University of California Policy on Sexual Violence and Sexual Harassment (https://policy.ucop.edu/doc/4000385/SVSH). Please refer to PACAOS Grounds for Discipline 102.26.

102.27
Violation of any other University policies or Implementing Regulations otherwise not covered under these standards of conduct.


VI. Administration of Student Discipline 
In matters related to alleged violations of the Grounds for Discipline 102.02 to 102.25, and 102.27the Dean’s designee shall be Student Life’s Student Conduct Officer.

A. Student Rights

1. Students charged with alleged policy violation(s) are entitled to a notification of the allegations and alleged policy violation(s).

2. A student may choose not to participate (i.e. not providing written or verbal information) in the resolution of their alleged violation(s). In this situation, the disciplinary process will proceed to a resolution without the participation of the student.

3. If a student chooses not to participate during the entire proceeding then no inference will be drawn from the decision of the student. The University will reach a decision and conclusions based on the information available.

The University may, however, draw adverse inferences when a student selectively participates in the Administrative Disciplinary Resolution process, such as choosing to answer some but not all questions posed, or choosing to provide a statement only after reviewing the other information gathered. The Student Conduct Officer (or designee) may consider the selective participation in evaluating the student’s credibility. 

4. The failure by the student to appear or respond to any parts of the proceedings by the stated deadlines will not be cause to delay, cancel, postpone, or reschedule, unless for good cause shown and approved by the Student Conduct Officer (or designee).

5. A student has the right to an advisor and a support person of their choosing, pursuant to terms outlined in Section VI.G.

6. A student may elect to have their case resolved through a Formal Disciplinary Hearing Process and upon election, the student will be provided the procedural process outlined in Section VIII.C.1.

B. Communication 
At all stages of the process, all written communications with the student, including responses and submissions outlined in these procedures, will be via UCSF email unless other arrangements have been made for the student with the prior written approval of the Student Conduct Officer (or designee). It is the responsibility of the student to inform the University of any issues or interruptions of their UCSF email service.

C. Consultation
The Student Conduct Officer (or designee) may consult with any appropriate University officials at all stages of the process. It is important to note that the consultation with the student’s Dean (or designee) may trigger reporting obligations under the requirements and policies of the individual School or the Graduate Division.

D. Standard of Proof 
The standard of proof at all stages of the Administrative Disciplinary Resolution and Formal Disciplinary Hearing Process, is preponderance of the evidence (i.e. more likely than not).

E. Interim Measures
The University will consider and take interim measures as appropriate to ensure the safety and well-being of its students. Interim measures may include, but are not limited to, the following: University directives, holds on University records, and Interim Suspension (Section X.G). Interim measures may be evaluated at any time, including to ensure that the measures are restrictive only to the minimum extent necessary.   

F. Timeline 
All deadlines contained in these procedures may be extended by the University, based on the totality of the circumstances and for good cause shown and documented.

G. Advisor and Support Person
At all stages of this process, the student has the right to an Advisor and a Support Person of their choosing. The Advisor and/or the Support Person may be any person (including an advocate, attorney, friend, or parent) who is not otherwise a party or a witness involved in this process. The Advisors primary role is to provide guidance through the process. The Support Person’s primary role is to provide emotional support. The Advisor and the Support Person may not speak on behalf of a student or otherwise disrupt any meetings or proceedings in any manner. The University reserves the right to exclude an Advisor or Support Person who does not abide by these procedures.

H.  Closed to the Public
All stages of the process are closed to the public. The reporting party, responding student, support persons, advisors (including attorneys), and witnesses are not permitted to record any stage of the process.


VII. Incident Report
Upon learning of an incident report, the Student Conduct Officer (or designee) will review the information submitted in consultation with the responding student’s Dean (or designee) and any appropriate University officials to determine the appropriate method of resolution.

A. Filing a Complaint
Any person may submit a written incident report of alleged policy violation(s) of the Grounds for Discipline 102.02 to 102.25, and 102.27 to the Student Conduct Officer (or designee). Incident reports must be submitted within sixty (60) days of the date the reporting party knew or should reasonably have known of the alleged violation.

Exceptions to deadlines for reporting misconduct include, but are not limited to:

1. Reports involving alleged physical abuse.

2. Reports where the law or an external agency requires that information be withheld.

3. Reports in which the law or other policy provides for a longer reporting period.

4. Reports in which the reporting party provides proof of hardship or justifiable excuse for the delay. The Student Conduct Officer (or designee) has discretion whether to grant an exception taking into consideration the impact of the delay in reporting upon the responding student, including availability of witnesses or evidence.

B. Incident Report Information
A report should include the follow information:

1. Name and contact information of reporting party.

2. Approximate date of alleged violation.

3. Brief description of alleged misconduct. The report may include the names and contact information of any witnesses, if any, and copies of any supporting documentation, if any.

C. Factors to Consider
In determining the appropriate resolution, several factors may be taken into account, including but not limited to:

1. The alleged policy violation(s) would not be a first offense;

2. Multiple policy violations in connection with the incident;

3. Presence of weapons, use of force, violence, physical injury; or

4. The alleged policy violation(s) could result in a notation of suspension or dismissal in the student’s transcript.

At any point during the process, as new or additional information becomes available the University will reevaluate the most appropriate response. If a written notice of alleged violation was sent out to the student, the notice may be amended. Amendments may include additional alleged policy violation(s) under the Grounds for Discipline 102.02 to 102.25, and 102.27, as well as the corresponding range of potential sanctions. Referrals may be made to the appropriate officials for other violations.


VIII. Methods of Resolution
Incident reports may be resolved through an Alternative Resolution, Administrative Disciplinary Resolution, or Formal Disciplinary Hearing Process.

A. Alternative Resolution
Alternative Resolution may be used to resolve incidents that do not involve the filing of allegations and alleged policy violation(s) against a student. See factors to consider in Section VII.C. This process is not considered a formal disciplinary process.

1. Alternative Resolution Meeting: The student will be invited to meet with the Student Conduct Officer (or designee) to discuss what happened and the student’s options for an Alternative Resolution such as mediation, facilitated dialogue, restorative justice conference, etc.

The student has five (5) business days from the date of the notice to contact the Student Conduct Officer (or designee) to schedule a meeting.

If the responding student requests a Formal Disciplinary Hearing Process or if the matter is not resolved through an Alternative Resolution, the incident will be resolved in a Formal Disciplinary Hearing. 

2. Agreement of Resolution: The goal of the Alternative Resolution meeting(s) is for the responding student to acknowledge responsibility as appropriate, identify harm and obligations, and develop a restorative plan agreed upon by the person responsible and the impacted parties, if applicable. The student will be informed in writing and during the meeting that upon accepting the Agreement of Resolution, a student waives the right to a Formal Disciplinary Hearing and any further appeal.

Responsibility for monitoring compliance with the Agreement of Resolution rests with those who signed it, with the full understanding that if the agreed upon restorative plan is not completed by the deadline, disciplinary sanctions may be imposed. Allegations of repeated behavior will be subject to Administrative Disciplinary Resolution. Records of Alternative Resolutions will be maintained as a non-disciplinary record.

B. Administrative Disciplinary Resolution
Upon review of the factors to consider outlined in Section VII.C, the Student Conduct Officer (or designee) may determine to resolve the matter through Administrative Disciplinary Resolution.

1. Administrative Disciplinary Resolution: Administrative Disciplinary Resolution is a process between a Student Conduct Officer (or designee) and the responding student, in which they meet to discuss the incident, hear and receive the student’s information and perspective, meet with applicable witnesses, discuss the student’s responsibility for the alleged violation(s), and if the student accepts responsibility, assign fair and appropriate sanctions.

2. Notice of Alleged Policy Violation: If the Student Conduct Officer (or designee) determines to resolve the matter through Administrative Disciplinary Resolution a written notice will be sent to the student.

The written notice of alleged violation will include the following:

a) A brief summary of the allegations and alleged policyviolation(s), the identities of the parties involved, including wherever possible, the date, time and location of the reported incident along with the corresponding range of potential sanction(s);

b) The purpose of the Administrative Disciplinary Resolution meeting;

c) A statement that the decision will be based on a preponderance of the evidence standard (i.e. more likely than not);

d) A summary of the process;

e) A summary of student rights and responsibilities; and

f) A list of campus resources to help them navigate the  process. A list of resources can be found at the Student Success website at https://success.ucsf.edu.

3. Law Enforcement: When a law enforcement agency is conducting its own investigation, the Student Conduct Officer (or designee) may coordinate with the law enforcement investigation. At the request of law enforcement, theAdministrative Disciplinary Resolution processmay be delayed as needed to meet any specific needs of the criminal investigation.

4. Student Response to the Notice of Alleged Violation: The student has five (5) business days from the date of the notice of alleged violation to contact the Student Conduct Officer (or designee) to schedule a meeting.

If the student does not schedule an Administrative Disciplinary Resolution meeting, the Student Conduct Officer (or designee) will determine the student’s responsibility for the alleged policy violation(s) and assign disciplinary sanctions based on the information in their possession without the student’s participation.

5. Information and Witnesses: The Student Conduct Officer (or designee) will meet separately with the student and witnesses who may have relevant information, and will gather other available and relevant information. The Student Conduct Officer (or designee) may follow up with the student as needed to clarify any inconsistencies or new information gathered. The University recognizes it cannot compel any individual to participate as a witness. However, witnesses are encouraged to participate.

The Student Conduct Officer (or designee) may determine and weigh the relevance of any witness or other information to the allegations and may exclude certain types of information that it determines is irrelevant or immaterial.In general, the Student Conduct Officer (or designee):

a) Will consider direct observations and reasonable inferences from the facts.

b) Will not consider statements of personal opinion as to anyone’s general reputation or any character trait.

c) May consider prior or subsequent conduct of the student in determining pattern, knowledge, intent, motive, or absence of mistake.

6. Notice of Administrative Disciplinary ResolutionDecision: Upon completion of theAdministrative Disciplinary Resolution process, the Student Conduct Officer (or designee) will send the student a written notice of the decision.

The written notice of decision will include the following:

a) A statement of the determinations as to whether the charges have been substantiated based upon the preponderance of evidence;

b) A description of any policies that have been violated, and if so, a description of the sanctions, including a description of new or continuing interim measures, if  applicable;

c) The rationale for the determinations and the assignedsanctions.

7. Student Response to the Notice of Decision: The student has ten (10) business days from the date of the notice of Administrative Disciplinary Resolutiondecision to contact the Student Conduct Officer (or designee) to submit their response.

a) Accept Responsibility and Sanction – The student accepts responsibility and the disciplinary sanction. Upon accepting the Administrative Disciplinary Resolution decision, the student waives the right to a Formal Disciplinary Hearing Process and any further appeal.

b) Requests for a Sanction Review – If the student accepts responsibility but does not agree with the proposed disciplinary sanction of Suspension or Dismissal, the  student may request that the Hearing Body determine the appropriate sanction, on the grounds that the sanction assigned is disproportionate to the policyviolation. Upon pursuing a Sanction Review, the student waives the right to a Formal Disciplinary Hearing on the question of whether the alleged policy violations occurred and any further appeal. The purpose of the Sanction Review is not to revisit the question of whether the alleged policy violations occurred, but to consider appropriate sanctions based on the acceptance of responsibility.

c) Deny Responsibility – If the student does not accept responsibility and the disciplinary sanctions, the student may request a Formal Disciplinary Hearing Process.

C. Formal Disciplinary Hearing Process
A Formal Disciplinary Hearing Process, consistent with the University’s educational mission, is a process whereby members of our community (students, career faculty, and professional staff) receive information and make determinations of regarding whether the alleged policy violations occurred. The Formal Disciplinary Hearing Process is not a court proceeding.

1. Procedural standards: When a formal hearing is deemed to be appropriate for fact finding, the campus shall provide the following minimum procedural standards to assure the accused student a fair hearing:

a) Written notice, including a brief statement of the factual basis of the charges, the University policies or Implementing Regulations allegedly violated, and the time and place of the hearing, within a reasonable time before the hearing;

b) The opportunity for a prompt and fair hearing where the University shall bear the burden of proof, and at which the student shall have the opportunity to present documents and witnesses and to confront and cross-examine witnesses presented by the University; no inference shall be drawn from the silence of the accused;

c) A record of the hearing; an expeditious written decision based upon the preponderance of evidence, that shall be accompanied by a written summary of the findings of fact; and

e) An appeals process.

2. Sanctions and Interim Measures: If a request for formal hearing is submitted, disciplinary sanctions will not be imposed until the hearing process is completed. Interim measures, such as no contact orders, exclusions, etc. will generally remain in effect during the hearing process, but may be modified as appropriate.

3. Hearing Body Composition and Training: The Hearing Body will be composed of three individuals who may be students, career faculty, or professional staff appointed for a term by each of the Deans (or designee). Hearing Body members should be unbiased, impartial, and without any conflicts of interest with the parties involved. The Hearing Body will be trained periodically on the Formal Disciplinary Hearing process.

The student may, for good cause, submit one written challenge of the assignment of one or more particular Hearing member to the Chair of the Hearing Body within two (2) business days of learning about the composition of the Hearing Body. No written challenges will be accepted beyond this timeframe. The Chair of the Hearing Body will provide a written decision within two (2) business days of receipt of the written challenge.

a) Example of good cause: Involvement in the incident or a close personal relationship with the responding student or expected witnesses in the proceeding could, depending on the circumstances, warrant disqualification of the Hearing member.

4. Hearing Coordinator: The Hearing Coordinator will assist the Hearing Body on administrative and procedural aspects of the hearing. The Hearing Coordinator will not participate in deliberations and will not make recommendations to the Hearing Body regarding what decision the Hearing Body should make.The Hearing Coordinator will be trained periodic on the Formal Disciplinary Hearing process.

5. Scheduling Formal Disciplinary Hearing: Upon the student requesting to schedule a hearing, not less than ten (10) business days before the hearing, the Chair of the Hearing Bodywill send a written notice to the student informing them of the hearing date, time, location, and applicable procedures.  

6. Hearing Documents and Information: No later than ten (10) business days before the hearing, the student will submit to the Hearing Body a statement of what facts, if any, are disputed and relevant to the determination of whether a policy violation occurred and/or sanctions, and the information they intend to present at the hearing on each issue, including all documents to be presented, the names of all requested witnesses, and a brief summary of such witnesses’ expected testimony.

The Hearing Body will determine what disputed issues are relevant to the determination of whether a policy violation(s) occurred and/or whether the sanctions are appropriate. No later than five (5) business daysprior to the hearing, the Hearing Body will notify the student and Student Conduct Officer (or designee) of the scope of the Formal Disciplinary Hearing and will receive copies of all the relevant information that will be considered at the Formal Disciplinary Hearing, including any documents that will be considered, the names of potential witnesses and a summary of the information they are expected to provide.

7.   Pre-hearing Procedures: Prior to the hearing and/or during the hearing, the Hearing Body may:

a) Exclude information and/or witness testimony that is  irrelevant in light of the policy violation(s) charged, not in dispute, or unduly repetitive,

b) Decide any procedural issues for the hearing, and/or

c) Make any other determinations necessary to ensure an orderly, productive, timely, and fair hearing.

8. Hearing Procedures: In keeping with the University’s educational purposes, students and reporting parties are expected to present to the Hearing Body on their own behalf at the hearing.

a) The written Notice of Alleged Violation and Notice of  Administrative Disciplinary Resolution Decision will be entered as part of the record at the hearing.

b) The student will have the opportunity to present the reasoning for the information they submitted.

c) The student has the right to hear all individuals who present at the hearing and to propose questions to be asked of all individuals who present at the hearing. The student shall propose questions to be asked of all individuals who present at the hearing in accordance with the mechanism specified by the Hearing Body.

d) The Hearing Body will determine the content and order of questioning. Whenever possible, the Chair of the  Hearing Body will ask the questions as they are submitted and will not rephrase or change them. The Hearing Body may, however, exclude questions that are unduly repetitive, clearly not relevant, or unduly time consuming. 

e) The hearing will be audio recorded. The failure to record all or part of the hearing, including, but not limited to, if a recorder malfunctions, will not be grounds for invalidating the Formal Disciplinary Hearing Process.

f) Formal rules of evidence will not apply. The Hearing Body may consider the form in which information is presented, as well as the credibility of any party or witness at the hearing, in weighing the information and reaching its decision.

9. Standards of Deliberation: The Hearing Body will deliberate in private and reach a decision based on a preponderance of the evidence standard. The Hearing Body shall attempt to reach consensus on a decision, but the majority shall make the decision if consensus cannot be reached.

The Hearing Body shall take into account the record developed by the Student Conduct Officer (or designee) and the information presented at the hearing. The Hearing Body can make its own findings of fact, findings of policy violation(s), and credibility determinations based on all of the information before it.

10. Notice of Hearing Decision: The Hearing Body will summarize its decision in the Notice of Hearing Decision that includes a summary of the information considered by the Hearing Body, the decision of the Hearing Body, and the rationale for the decision.

11. Grounds for Appeal: The student may appeal the Formal Disciplinary Hearing decision of the Hearing Body on one or more of the Grounds for Appeal. The appeal must be in writing and should identify the reason(s) why the party is challenging the outcome under one or more of the following ground(s):

a) Factual errors in the Disciplinary Record that were not identified at the Formal Disciplinary Hearing, if suchfailure would have changed the Hearing Body’s decision.

b) Failure of the Hearing Body to follow the procedure set forth in the Formal Disciplinary Hearing process, if such failure would have changed the hearing body’s decision.

12. Appeal Process: To appeal, the student must submit a written request for review to the Vice Chancellor of Student Academic Affairs (or designee) within five (5) business days of the Hearing Body’s issuance of the Notice of Formal Disciplinary Hearing Decision. 

13.Notice of Appeal Decision: The Vice Chancellor of Student Academic Affairs (or designee) will decide whether the student has proven the asserted ground(s) for appeal. They may consider the information presented at the Formal Disciplinary Hearing Process and the record developed. They will not make their own factual findings, nor any witness credibility determinations. If the ground(s) for appeal are substantiated, the Vice Chancellor of Student Academic Affairs (or designee) may modify the Hearing Body’s decision.

The Vice Chancellor of Student Academic Affairs (or designee) will issue a written Notice of Appeal Decision to the student, within ten (10) business days after the request for review is received. This review is documentary in nature and there is no hearing and no in person meetings. The Vice Chancellor of Student Academic Affairs’ (or designee) decision will be final and there is no further right to appeal.


IX. Inspection and Review of Student Records by Students
The disciplinary record can be made available to the student for inspection upon request pursuant PACAOS Section 130.40. It may be redacted as necessary to protect student privacy rights.

A. Disciplinary Record
The disciplinary record must be retained by the Student Conduct Officer (or designee) and will consist of the:

1. Written Notices: The written notices to the student consists of the Notice of Alleged Violation, Notice of Decision, Notice of Hearing Decision, Vice Chancellor of Student Academic Affairs Notice of Decision (if applicable);

2. Documentary Information: Information that was relied upon by the Student Conduct Officer (or designee) and Hearing Body (if applicable); and

3. Formal Disciplinary Hearing Audio Recording: The Formal Disciplinary Hearing will be the only audio recording. At the conclusion of the Formal Disciplinary Hearing, the student may request to schedule a time to listen to the recording. The recording may be listened to in a location specified by the Student Conduct Officer (or designee) in the presence of a designated staff member.

B. Expunging of Disciplinary Record
A disciplinary record may be expunged by the Vice Chancellor of Student Academic Affairs (or designee) where there were no finding of responsibility.

To submit a request, the student must write a letter of request for their disciplinary record to be expunged, indicating their request and any explanation as to why the Vice Chancellor of Student Academic Affairs (or designee) should consider approving their request. If a student’s disciplinary record is expunged, the violation and sanctions will no longer be reported when the student has authorized a release of their disciplinary record. The Vice Chancellor of Student Academic Affairs (or designee) will issue a written decision to the student, normally within ten (10) business days after the request is received.

C. Records Retention
The disciplinary record of a student found responsible of any violation of non-academic/non-professionalism policy violations (Grounds for Discipline 102.02 to 102.25, and 102.27), will normally be retained by the Student Conduct Officer (or designee) for five (5) years after the end of the academic year in which the case is closed or as otherwise required by law (whichever is longer). 

The disciplinary record of a student when the sanction is dismissal or revocation of degreewill normally be retained for 50 years after the end of the academic year in which the student no longer attends the University.

The disciplinary record of a student found not responsible for all non-academic/non-professionalism policy violations (Grounds for Discipline 102.02 to 102.25, and 102.27), will be normally retained for five (5) years after the end of the academic year in which the case is closed or as otherwise required by law (whichever is longer). However, such records will not be considered while determining sanctions in a subsequent case.

Records of Alternative Resolutions will be maintained as a non-disciplinary record, will normally be retained by the Student Conduct Officer (or designee) for five (5) years after the end of the academic year in which the case is closed or as otherwise required by law (whichever is longer).

Records which are subject to maintenance under the Campus Security Act (also known as the Jeanne Clery Act) will be retained for seven (7) years after the end of the academic year in which the case is closed or as otherwise required by law (whichever is longer).  

It is important to note that the student’s School or the Graduate Division may have different requirements and policies regarding records retention that may result in different records retention schedule. 


X. Types of Student Disciplinary Action
When a student is found in violation of University policies or campus regulations, any of the following types of student disciplinary action may be imposed. Any sanction imposed should be appropriate to the violation, taking into consideration the context and seriousness of the violation.

The following types of student Disciplinary Actions may or may not be used sequentially.

A. Warning/Censure
Written notice or reprimand to the student that a violation of specified University policies or Implementing Regulations has occurred and that continued or repeated violations of University policies or Implementing Regulations may be cause for further disciplinary action, normally in the form of Disciplinary Probation, and/or Loss of Privileges and Exclusion from Activities, Suspension, or Dismissal.

B. Disciplinary Probation
A status imposed for a specified period of time during which a student must demonstrate conduct that conforms to University standards of conduct. Conditions restricting the student's privileges or eligibility for activities may be imposed. Misconduct during the probationary period or violation of any conditions of the probation may result in further disciplinary action, normally in the form of Suspension or Dismissal.

C. Loss of Privileges and Exclusion from Activities
Exclusion from participation in designated privileges and activities for a specified period of time. Violation of any conditions in the written Notice of Loss of Privileges and Exclusion from Activities, or violation of University policies or Implementing Regulations during the period of the sanction may be cause for further disciplinary action, normally in the form of Probation, Suspension or Dismissal.

D. Suspension
Termination of student status for a specified period of time with reinstatement thereafter certain, provided that the student has complied with all conditions imposed as part of the suspension and provided that the student is otherwise qualified for reinstatement. Violation of the conditions of Suspension or of University policies or campus regulations during the period of Suspension may be cause for further disciplinary action, normally in the form of Dismissal.

A student may not transfer or register for courses at another campus or location of the University of California during the period of Suspension.

E. Dismissal
Termination of student status for an indefinite period. Readmission to the University shall require the specific approval of the Chancellor of the campus to which a dismissed student has applied. Readmission after dismissal may be granted only under exceptional circumstances.

F. Exclusion from Areas of the Campus or from Official University Functions
Exclusion of a student as part of a disciplinary sanction from specified areas of the campus or other University-owned, -operated, or -leased facilities, or other facilities located on University property, or from official University functions, when there is reasonable cause for the University to believe that the student's presence there will lead to physical abuse, threats of violence, or conduct that threatens the health or safety of any person on University property or at official University functions, or other disruptive activity incompatible with the orderly operation of the campus.

G. Interim Suspension
Exclusion from classes, or from other specified activities or areas of the campus, as set forth in the Notice of Interim Suspension, before final determination of an alleged violation. A student shall be restricted only to the minimum extent necessary when there is reasonable cause to believe that the student's participation in University activities or presence at specified areas of the campus will lead to physical abuse, threats of violence, or conduct that threatens the health or safety of any person on University property or at official University functions, or other disruptive activity incompatible with the orderly operation of the campus. A student placed on Interim Suspension shall be given prompt notice of the charges, the duration of the Interim Suspension, and the opportunity for a prompt hearing on the Interim Suspension. Interim Suspension shall be reviewed by the Chancellor within twenty-four hours. If a student is found to have been unjustifiably placed on Interim Suspension, the University is committed to a policy whereby reasonable efforts are taken to assist an individual who has been disadvantaged with respect to employment or academic status.

1. Notice of Interim Suspension: The Notice of Interim Suspension may be verbal but must be confirmed in writing by the student’s Dean (or designee), after which the Dean (or designee) shall immediately inform the Chancellor (or designee). For matters related to Grounds for Discipline 102.02 through 102.27, the Deans designee will be the Student Conduct Officer (or designee). The notification to the Chancellor shall include the student's name, the reasons for the Interim Suspension, and the student's contact information. All written communications with the student, including responses and submissions outlined in these procedures, will be via UCSF email unless other arrangements have been made for the student with the prior written approval of the Student Conduct Officer (or designee).

Within twenty-four hours of the imposition of the Interim Suspension, the Chancellor (or designee) shall affirm or overrule the Interim Suspension.

2. Chancellor Overrules the Interim Suspension: If the Chancellor (or designee) does not affirm the Interim Suspension by the end of the twenty-four hours, it shall be deemed void and the Chancellor (or designee) shall immediately inform the student that the Interim Suspension is void and is no longer in effect. Should the Interim Suspension be voided, such an action shall have no bearing on the University's disciplinary proceedings arising from the conduct which gave rise to the Interim Suspension. Any disciplinary proceedings shall be conducted under the normal procedures provided in these policies. If during the formal proceedings, more information becomes available, interim measures, including Interim Suspension may still be imposed.

3. Chancellor Affirms the Interim Suspension: If the Chancellor (or designee) affirms the interim suspension by the end of the twenty-four hours, the Chancellor (or designee) shall immediately inform the student that the Interim Suspension is upheld and that the student may request, in writing, a meeting with the Dean (or designee) to challenge the basis of the Interim Suspension.

The written request must be submitted within ten (10) business days from when the student was first notified of the Interim Suspension. Upon receipt of the request, the Dean (or designee) will notify the student of the time, place, and date of the meeting to challenge the basis of the Interim Suspension. The Dean (or designee) shall convene this meeting within five (5) business days from the date of receipt of the request. During this meeting, the student may present relevant information such as, but not limited to supporting documents that may be exculpatory or corroborate their account of the incident(s), verified information that may mitigate the factors weighed for the student’s exclusion and witness statements that support the challenge to the basis of the Interim Suspension.

Convening the meeting shall not restrict the University's right to initiate disciplinary proceedings for the conduct which gave rise to the Interim Suspension. Any formal proceedings shall be conducted under the normal procedures provided for in these policies.

H. Restitution
A requirement for restitution in the form of reimbursement may be imposed for expenses incurred by the University or other parties resulting from a violation of these policies. Such reimbursement may take the form of monetary payment or appropriate service to repair or otherwise compensate for damages. Restitution may be imposed on any student who alone, or through group or concerted activities, participates in causing the damages or costs.

I. 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.

J. Educational and Administrative Sanctions
Other disciplinary actions may be assigned instead of, or in addition to those specified in Section X at the discretion of the Student Conduct Officer (or designee). Other disciplinary actions may include, but are not limited to University directives, educational task or project, counseling assessment, monetary fines, community service, or holds on requests for transcripts, diplomas, or other student records to be sent to third parties, as set forth in Implementing Regulations.

K. Student Organization Sanctions
In addition to the disciplinary actions listed above, violations by the Student Government or Student Registered Campus Organizations may also result in revocation of the organization’s recognition or revocation of recognition of the organization’s officers. 

A Student Registered Campus Organization may be sanctioned where a member or members of the organization violated University policy with the knowledge and consent of the organization’s officers, or acted in concert with other members of the organization.

L. Posting Suspension or Dismissal on Academic Transcripts
When, as a result of violations of the Policy on Student Conduct and Discipline, a student is suspended or dismissed, a notation that the discipline was imposed must be posted on the academic transcript for the duration of the suspension or dismissal. Thereafter, notations of Suspension or Dismissal reflected on a student’s transcript may be removed as set forth in campus regulations.

A notation of suspension will be removed from a student’s transcript at the conclusion of the suspension. A notation of dismissal will not be removed from a student’s transcript.