Student Discipline Process

Students who are accused of misconduct are provided with an Essential Information document which describes the discipline process, and summarizes, in everyday language, some important sections of the UCSD Student Conduct Code, referred to in this section as the Conduct Code. An abridged version of the Conduct Code is included in this Handbook. The complete regulations and policies are found in the Conduct Code itself, which is available on-line at http://ugr8.ucsd.edu/judicial/22_00.html. All students should be aware and knowledgeable about their rights and responsibilities. Please note that there are different processes for academic and non-academic misconduct. More specific information on the dispensation of academic misconduct cases can be found at http://www-senate.ucsd.edu/manual/appendices/app2.htm#AP14.

Students who are accused of misconduct have the right to receive notice of the accusation and an opportunity to informally present their position to campus officials. If the matter cannot be resolved informally, the student has the right to a hearing before a college or campus judicial board or hearing officer. If a hearing results in a decision that the student views as an adverse decision, the student has the right to appeal that decision, or the sanction(s) imposed, to the campus administration. Each of these steps, and the procedures to be followed, is set forth in Section 22.00 of the Conduct Code. Please note that Section 22.00 contains certain deadlines that must be met at various stages of the process. Those deadlines are set out in the Conduct Code and are also summarized below.

What happens next? The accused student will be required to schedule a meeting with the Dean or a member of the Dean’s staff, during which s/he will review the procedures and invite the accused to ask any questions about the student conduct process. The Dean or Dean’s staff member will explain the allegation(s) of misconduct, and will invite the accused student to participate in an informal resolution of the allegation(s). If the accused accepts responsibility for the misconduct as alleged, a sanction(s) may be imposed at the initial meeting with the Dean or a member of the Dean’s staff (Assistant Dean, Resident Dean, or Assistant Resident Dean). Refer to the complete Conduct Code for information on possible sanctions. If the accused student disagrees with the charge(s), or denies any involvement in the misconduct as alleged, the student has the right to a formal hearing before a judicial board or hearing officer.

Residential Life Policies and the Judicial Process

Students living in the Warren residence halls or apartments will find they have considerable freedom with regard to their behavior. However, with that freedom comes full responsibility for their behavior. Should students choose (and it is a choice) to violate any residential life policy or regulation, or find it too difficult to live in the residential community without infringing upon the personal rights of their neighbors, they will find themselves facing judicial review by one of the Resident Deans or the Warren College Judicial Board.

The steps of the judicial process are to:

1. Determine if a student has violated a policy.
2. Assist students in understanding how they have violated policy or the student conduct code and why such behavior is unacceptable.
3. Help those who have violated policies or the code obtain knowledge and information so they can make better choices in the future and develop strategies to change their behavior so that it is acceptable.
4. Promote compatible community living by ensuring all members of the community are respectful of each other’s rights.

Complaint and Hearing Procedure Notification

After a violation is alleged, the Residential Life Office will notify a student verbally or in writing. Depending on the severity of the violation, the student can admit responsibility for the reported allegation and be issued a sanction, or they might be required to schedule a meeting with a Resident Dean. At that time, a violation that warrants a more severe sanction will be referred to the Dean of Student Affairs for additional disciplinary action.

Sanctions for violations of residential life policies and regulations are assessed according to the severity of the incident. The exact assessment is left to the discretion of the Resident Dean. Fees may be assessed in conjunction with disciplinary action and in addition to any charges for repair or replacement of University property, as well as labor charges.

Appeal Process

All students have the right to appeal disciplinary decisions. Appeals must be made within five academic days after verbal or written notification of the sanction. The written appeal must include the reason for the request. A student may appeal for three reasons which include:

1. The introduction of new information
2. Failure to uphold the student’s rights
3. Appropriateness of the sanction

All appeals must be submitted in writing to the Provost of the College within 5 academic days from the date of the Informal Resolution meeting (10 business days for academic misconduct). Questions about appeals procedures can be answered at the Residential Life Office, Dean of Student Affairs’ Office, and at Student Legal Services.

What are my rights as an accused student? The Conduct Code provides certain rights for students accused of misconduct. The following information is intended to explain the process but is not a substitute for the complete Conduct Code. Here is a brief summary of many of your rights:

• You should receive written notice including a brief statement of the alleged misconduct, the availability of help, and the name of the Dean’s staff member you should contact. These are in the “Misconduct Incident Notice” document or in the charge letter.
• You are considered innocent until proven responsible.
• A friend, advisor, parent or attorney may advise you through the process.
• You may try to convince the Dean’s staff member that the case has no merit or that you are not responsible and it should be dismissed.
• Within certain limits, the University must provide details of the case against you, identify witnesses, and show you information which will be presented if there is a hearing. You may receive copies of these documents for a fee not to exceed costs to the University.
• You may hear a proposed sanction as part of negotiations to bring the complaint to an informal resolution.
• You may stay silent at all points in the process (you need not testify against yourself).
• You have the right to “your day in court” – a hearing before a University Judicial Board or, in certain circumstances, a Hearing Officer.
• Under the terms of an “Informal Resolution Agreement,” you may both accept responsibility and appeal the severity of the Dean’s sanction to the College Provost.

Assistance is Available

Students may request help from:

• Any of the Dean’s staff (College Dean - 534-4731; Resident Dean - 534-4581.)
• The UCSD Student Legal Services Office (534-4374).
• The AS/UCSD Student Advocate (534-4450).
• Your own attorney or other personal representative.