Conduct Process

This conduct process has been established to respond to incidents involving inappropriate behavior within our community. This process provides educational opportunities that encourage students to evaluate their own actions, consider their own decision making and acquire new skills to improve their choices in the future.

When it has been reported that there has been an alleged violation of the On Campus Housing Regulations or Student Conduct Policies, residents may be subject to the conduct process through the Office of Residential Life (ORL). In addition, students may also be subject to University action, including the Dean of Students office.

These conduct procedures are implemented according to guidelines established by The Regents of the University of California and adhere to due process.

The Office of Residential Life conduct process includes:

Receipt of Complaint
Notification and Initial Interview
Student Conduct Hearing
Sanctions
Appeal Process

In addition to assigned sanctions, the Director of Residential Life or designee may also impose Special Administrative Actions in order to address the immediate needs of a situation. These actions are imposed at the discretion of the administration and may be imposed at any time during the conduct process.

All communications regarding the conduct process will be sent to the resident's email address listed with Housing and Hospitality Services. It is the responsibility of each resident to check and respond to email sent to that address. If the Office of Residential Life email is returned to sender, the communication may be printed and sent to the resident's On Campus Housing mailbox.

Receipt of Complaint

Incident Reports regarding alleged violations of the On Campus Housing Regulations or Student Conduct Policies are submitted by Office of Residential Life (ORL) staff members. Any community member may report an incident by submitting a written account of the incident to an ORL staff member. Incident Reports include a descriptive, detailed and objective account of the incident.

Notification and Initial Interview

Within a reasonable time after receiving an Incident Report, the appropriate Office of Residential Life (ORL) adjudicating staff member, typically the Resident Director, will review the report to determine whether it is necessary to refer the report to another university office or there is sufficient information to proceed with the conduct process.

In proceeding with the conduct process, the adjudicator will email a written Notification of Interview to the resident.

The Notice of Interview includes the following information:

The nature of the alleged incident, including the date, location and a brief incident description; the On Campus Housing Regulations which may have been violated.
That the ORL conduct procedures will be followed and that the resident should refer to these procedures.
That the resident has five (5) business days from the date appearing on the Notice of Interview to schedule a meeting with the adjudicator.
If the resident fails to schedule and/or complete the Initial Interview a hold will be placed on the student's records and registration.
The resident may inspect the Incident Report and any other relevant documents by submitting a written request at least one business day in advance of receipt of the documents.
That a review of this matter may also be conducted including a referral to the Dean of Students Office should a resident not to respond.

During the Initial Interview the resident is informed of the nature of the alleged incident, including the date, location and the incident description, the On Campus Housing Regulations allegedly violated, and any additional information related to the incident. During this meeting, the resident is provided with an opportunity to explain the incident situation from their perspective.

If the resident acknowledges responsibility for violating On Campus Housing Regulations, the resident will be emailed written notification of this decision which may include assigned sanctions.

If the resident does not acknowledge responsibility, and if the adjudicator concludes that there is sufficient information to sustain a finding of responsibility, the case will be referred to the ORL Student Conduct Hearing Board or Residential Life Hearing Officer.

If the adjudicator concludes that there is insufficient information to find the student responsible for violating On Campus Housing Regulations, the resident will be emailed written notification of this decision.

In the event that the resident fails to schedule by the specified date and /or attend the Initial Interview a hold will be placed on the student's records and registration. The Judicial Affairs Coordinator will notify the student that a hold has been placed. The hold will be removed when the resident schedules and attends the Initial Interview.

Student Conduct Hearing

The ORL Student Conduct Hearing Board is a student peer review panel which is comprised of students living in the On Campus Housing community. The board members are trained to conduct hearings, review presented information, and to make decisions, based on the balance of probabilities, regarding alleged violations of the On Campus Housing regulations.

It is the intention that hearings be set within ten (10) business days after referral to the Judicial Affairs Coordinator. The Judicial Affairs Coordinator will schedule a hearing of the case by the Student Conduct Hearing Board and provide written notification of the time and place of the hearing to the resident at least three (3) business days prior to the date of the hearing.

Hearings are closed to spectators; however, the invited resident may be accompanied by an advisor, who's role is intended to facilitate the resident speaking on their own behalf (refer to Guidelines for Student's Advisors). Hearings will be recorded, are property of the Office of Residential Life and will be maintained by the Judicial Affairs Coordinator. A resident may review (but not copy) the recording upon written request submitted to the Judicial Affairs Coordinator.

Within ten (10) business days after the conclusion of the hearing, the resident will be emailed written notification of the decision reached by the Student Conduct Hearing Board, which may include assigned sanctions. A copy of the written decision will be forwarded to the referring adjudicator.

In cases where the Student Conduct Hearing Board is not in session or unavailable, the case will be referred to a Residential Life Hearing Officer for adjudication.

Sanctions

When it is determined that a resident is responsible for violating the On Campus Housing Regulations sanctions may be assigned. Assigned sanctions will be outlined in the written decision reached by the adjudicator or Student Conduct Hearing Board.

Sanctions are assigned to provide educational opportunities and interactions to encourage students to evaluate their own actions, provide education about decision making and give residents the tools and skills to improve their choices in the future. Sanctions which may be assigned include but are not limited to: educational classes, warning, community service, restitution, and residential probation.

In addition, assigned sanctions may impact a resident's ability to reside in the On Campus Housing Community and/or loose privileges associated with community membership.

Residents will be are notified of assigned sanctions.

In the event that the resident fails to complete the conditions outlined in any sanction, a hold will be placed on the resident's records and registration. This hold will prevent academic registration, obtaining transcripts, verifications, or a diploma from the University. The Judicial Affairs Coordinator will notify the student that a hold has been placed. The hold will be removed when the resident completes the conditions of the assigned sanctions.

Appeal Process

Following receipt of the written decision reached by the adjudicator or Student Conduct Hearing Board, the resident may file a written appeal within ten (10) business days from the date of the decision. In most cases, the assigned sanctions will not be initiated until completion of the appeal process.

The appeal process exists to review the appropriateness of initial decisions. Beyond not liking the original decision or sanctions assigned, those appealing should have a defined rationale, and articulate that clearly. Written appeals must be submitted to the Judicial Affairs Coordinator.

The appeal must specify one or more of the following grounds:

That the Office of Residential Life Conduct Procedures were not followed.
That the sanction(s) assigned is excessive.
That relevant new information has become available which would substantially affect the decision and which the resident was not aware of or could not have been reasonably obtained at the time of the original meeting.

The appeal and all relevant information pertaining to the case will be forwarded to the appropriate administrator, who is usually one level higher than the original source of the decision making body. Following a review, the administrator may uphold the initial decision, modify the sanction(s), remand for a full or partial review, or dismiss the case.

Should a resident intending to appeal believe they have been given inadequate time to prepare an appeal, a written request for extension of time may be submitted to the Judicial Affairs Coordinator. This request must be submitted in writing within the ten (10) business day appeal period, and must include a proposed submittal date and the rationale for requesting the extension.

The Judicial Affairs Coordinator will email a written notice of the appeal decision within ten (10) business days after receipt of the written appeal.

Special Administrative Actions

The following are special administrative actions which may be taken in addition to and apart from the conduct process.

The Director of Residential Life or designee may initiate action against a student pending the initiation of the conduct process whenever there is information that a student poses a threat to the safety or well-being of On Campus Housing Community members, property within, or poses a continuing threat of disruption or interference to typical community life or functioning of the On Campus Housing Community.

A student subject to special administrative actions will be given prompt written notice of the allegations and the opportunity for a prompt conduct meeting. These actions include, but are not limited to:

Relocation

The Director of Residential Life or designee may, require residents to move to another room or suite or move to another residence hall/suite. Reasonable notice under the circumstances shall be given.

Interim Exclusion and Area Restriction

The Director of Residential Life or designee may exclude any student from University Owned or Leased Housing before final determination of an alleged violation. The student may be restricted only to the minimum extent necessary when there is reasonable cause to believe that the student's residence or presence in a specified area of University Housing will lead to physical abuse, threats of violence, conduct that threatens the health or safety of that student or any person, or cause disruptive activity incompatible with the orderly operation of University Housing. Such administrative action shall be reviewed and approved by the Chancellor or designee.

Contract Suspension

The Director of Residential Life or designee may prevent re-contract of a student pending the final determination of an alleged violation(s).