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III. Definitions
A. Student
1. The term "student" for the purposes of this Code, 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 and is eligible for reenrollment, including the recess periods between academic terms; or
c) is on an approved educational leave or other approved leave status, or is on filing-fee status.
2. The Code 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; or
c) former students for offenses committed while a student.
B. Notice
Wherever written notice to the student is required by the Code, it will be conclusively presumed to have been furnished if the notice is sent to the student by U.S. mail to the address provided by him or her to Student Judicial Affairs, the address most recently filed with the Registrar’s office, or at the permanent address of record. It will be conclusively presumed that written notice to a student organization has been furnished if the notice is sent by U.S. mail to the address provided by the student organization to Student Judicial Affairs or the address most recently filed with the Office of Student Life or sponsoring department.
C. Student Organization
Unless otherwise stated, wherever this Code refers to "student" the same also applies to student organizations. "Student organization" means any group or organization of students of the University of California, Berkeley that has obtained official recognition as a student organization from an office or department of the campus. Communications with student organizations will be directed to the president, principal officer, student group signatory or other students designated by the group to act as an agent on behalf of the group.
D. Days
The term "days" is defined as the normal business day and does not include Saturdays, Sundays, legal holidays or University designated administrative holidays. With the mutual consent of the student, Student Judicial Affairs and the hearing panel, hearings may be held outside of normal business hours, on Saturdays, Sundays or administrative holidays. Timelines set forth in this document may be extended in unusual circumstances as determined by the Dean of Students.
E. Committee on Student Conduct
1. Composition of Committee
The Committee on Student Conduct consists of ten members: four students; two staff members, two faculty members, a faculty chair designate and a faculty chair. One undergraduate student is nominated by the recognized student government and one graduate student is nominated by the Graduate Assembly. Two additional students are solicited from the community at large for appointment to the committee. Staff members are nominated by the Vice Chancellor for Student Affairs. Faculty members are nominated by the Academic Senate Committee on Committees. All members of the committee are appointed by the Chancellor or his/her designee.
2. Hearing Panels
Hearing panels are generally comprised of five members of the Committee on Student Conduct and include: one faculty member, one undergraduate student, one graduate student, one staff member and the faculty chair or faculty chair designate. Hearings may be heard by a quorum of three members of the Committee on Student Conduct so long as the faculty chair or chair designate and one student are included on the panel. Students may voluntarily waive the quorum requirement and have their case heard by fewer than three panel members. The faculty chair is responsible for final determinations related to seating a hearing panel. If the case involves an academic violation, at least two of the individuals hearing the case must be members of the faculty.
3. Duration of Appointment
Unless otherwise specified by the Chancellor, appointments to the Committee on Student Conduct will be made in the spring for terms beginning the following August 1. Faculty and staff appointments to the Committee normally last for a term of two years and student appointments to the Committee normally last for a term of one year, all commencing on August 1, and ending on July 31 or upon the appointment of the new committee members, whichever is later. Members may be appointed for successive terms.
IV. Jurisdiction
A. Generally
These provisions govern student conduct on, or as it relates to University property, or at official University functions and University-sponsored programs conducted away from the campus. University property is defined for purposes of this Code as all land, buildings, facilities or other grounds or structures, or any item in possession of or owned, used, maintained or controlled by the University or designated by the campus as subject to these policies, including the International House. University property also includes computers and network systems owned, maintained or controlled by the University or funded by University budgets or designated by the campus as subject to these policies.
B. Off-Campus Conduct
1. The Geographic "Box"
Student conduct that occurs off University property but within the geographic area immediately adjacent to the campus is subject to the Code. This includes all property bounded by Virginia Street on the north, Shattuck Avenue on the west, and Derby Street on the south. The eastern boundary, as it runs from north to south, is comprised of La Loma Avenue, Gayley Road, Prospect Street (between Orchard Steps and Dwight Way) and Warring Street, and includes property situated along both the east and west sides of said streets.
2. Other Off-Campus Conduct
Student conduct that occurs off University property and not within the area described in Geographic Box and Conduct on Other UC Campuses is subject to the Code where it a) adversely affects the health, safety, or security of any member of the University community, or the mission of the University, or b) involves academic work or any records, or documents of the University.
In determining whether or not to exercise jurisdiction over such conduct, Student Judicial Affairs will consider the seriousness of the alleged offense, 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 that occurred both on and off University property.
3. Conduct on Other UC Campuses
A student 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 agreed by 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.
V. GROUNDS FOR DISCIPLINE
The Chancellor may impose discipline for the commission or attempted commission (including aiding or abetting in the commission or attempted commission) of the following types of violations by students (as specified by University Policy 100.00 ), as well as such other violations as may be specified in campus regulations:
102.01 Academic Dishonesty
All forms of academic misconduct including but not limited to cheating, fabrication, plagiarism, or facilitating academic dishonesty.
102.02 Other Dishonesty
Other forms of dishonesty including but not limited to fabricating information, bribery, furnishing false information, or reporting a false emergency to the University.
102.03 Forgery
Forgery, alteration, or misuse of any University document, record, key, electronic device, or identification.
102.04 Theft
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 Electronic Resources
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, and interference with the work of others and with the operation of computer and electronic communications facilities, systems, and services.
Use of University computer and electronic communications facilities, systems, or services that violates other University policies or campus regulations.
102.06 Unauthorized Conduct
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 University Housing
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
Physical abuse including but not limited to sexual assault, sex offenses, and other physical assault; threats of violence; or other conduct that threatens the health or safety of any person. (See Berkeley Campus Student Policy and Procedures Regarding Sexual Assault and Rape or the Berkeley Campus Policy on Sexual Harassment and Complaint Resolution Procedures for further information).
102.09 Sexual Harassment
Sexual harassment, as defined in University policy (see Section 160.00 UCOP Policy on Sexual Harassment and Complaint Resolution Procedures ). Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature constitute sexual harassment when:
A student who is also an employee of the University makes submission to such conduct, either explicitly or implicitly, a term or condition of instruction, employment, or participation in other University activity over which the student has control by virtue of his or her University employment; or
A student who is also an employee of the University makes submission to or rejection of such conduct a basis for evaluation in making academic or personnel decisions affecting an individual, when the student has control over such decisions by virtue of his or her University employment; or
Such conduct by any student has the purpose or effect of creating a hostile and intimidating environment sufficiently severe or pervasive to substantially impair a reasonable person’s participation in University programs or activities, or use of University facilities.
In determining whether the alleged conduct constitutes sexual harassment, consideration will be given to the record of the incident as a whole and to the totality of the circumstances, including the location of the incident and the context in which the alleged incidents occurred. In general, a charge of harassing conduct can be addressed under these Policies only when the University can reasonably be expected to have some degree of control over the alleged harasser and over the environment in which the conduct occurred.
102.10 Stalking
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.
102.11 Harassment
Harassment by a student of any person. For the purposes of these policies, ‘harassment’: (a) is the use, display, or other demonstration of words, gestures, imagery, or physical materials, or the engagement in any form of bodily conduct, on the basis of race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, or physical or mental disability, that has the effect of creating a hostile and intimidating environment sufficiently severe or pervasive to substantially impair a reasonable person’s participation in University programs or activities, or use of University facilities; (b) must target a specific person or persons; and (c) must be addressed directly to that person or persons.
Prior to applying this provision of policy to any student conduct, the campus is required to consult with the Office of General Counsel regarding its proper interpretation and application in light of the specific circumstances.
102.12 Hazing
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. (See Statement on Hazing for further information).
102.13 Obstruction of University Activities
Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other University activities.
102.14 Disorderly Conduct
Disorderly or lewd conduct.
102.15 Disturbing the Peace
Participation in a disturbance of the peace or unlawful assembly. (See Berkeley Campus Regulations Implementing University Policies for further information).
102.16 Failure to Comply
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 Controlled Substances
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 Alcohol
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 campus regulations.
102.19 Destructive Devices
Possession, use, storage, or manufacture of explosives, firebombs, or other destructive devices.
102.20 Weapons
Possession, use, storage or manufacture of a firearm or other weapon.
102.21 Disciplinary Actions
Violation of the conditions contained in the terms of a disciplinary action imposed under this Code or campus regulations.
102.22 Notice of Emergency Suspension
Violation of the conditions contained in a written Notice of Emergency Suspension issued pursuant to Appendix II ("Emergency Suspension") of this Code or violation of orders issued during a declared state of emergency (see University Policy section 52.00 ).
102.23 Course Materials
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 Camping or Lodging
Camping or lodging on University property other than in authorized facilities.
102.25 Other Policies or Regulations
Violation of any other University policy or campus regulation.
VI. DISCIPLINARY SANCTIONS
When a student is found in violation of University policies or campus regulations, any of the following sanctions or combination thereof may be imposed. Any sanction imposed should be appropriate to the violation, taking into consideration the context and seriousness of the violation.
105.01 Warning/Censure
Written notice or reprimand to the student that a violation of specified University policies or campus regulations has occurred and that continued or repeated violations of University policies or campus 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.
105.02 [Rescinded May 17, 2002 per UCOP]
105.03 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.
105.04 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 campus regulations during the period of the sanction may be cause for further disciplinary action, normally in the form of Probation, Suspension or Dismissal.
105.05 Suspension
Termination of student status at the campus 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.
105.06 Dismissal
Termination of student status for an indefinite period. Readmission to the University requires 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.
105.07 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.
105.08 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 will 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 will be given prompt notice of the reason for the Interim Suspension, the duration of the Interim Suspension, and the opportunity for a prompt hearing on the Interim Suspension. Interim Suspension will be reviewed by the Chancellor within twenty-four hours. If the Interim Suspension is not upheld by the hearing panel 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.
105.09 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.
105.10 Revocation of Awarding of Degree
Subject to the concurrence of the Academic Senate, revocation of a degree obtained by fraud or other academic dishonesty. Such revocation is subject to review on appeal by the Chancellor.
105.11 Other
Other disciplinary actions, such as 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 campus regulations.
105.11(a) University Service
A designated number of hours of unpaid University service, performed under the direction of an administrative officer of the Berkeley Campus.
105.11(b) Monetary fines
Monetary fines may be imposed.
105.11(c) Records Hold
A hold may be placed on transcripts and/or diploma(s) or other records as a sanction and/or until a student satisfies the terms and conditions of any sanction imposed.
105.11(d) Deferral or Withholding of Degree
An academic degree may be deferred when disciplinary proceedings are pending or when a student's full compliance with disciplinary sanctions is pending, or withheld when academic dishonesty or fraud affected the acquisition of the student's degree. See (Recommendation to Revoke Degree Previously Conferred) for further information regarding this procedure.
105.11(e) Stay of Sanction
The imposition of any sanction may be held in abeyance pending future conduct.
105.11(f) Counseling
Appropriate counseling or other professional assistance including but not limited to psychological counseling, drug and alcohol counseling, and anger management workshops may be required.
105.11(g) Other Actions
Other appropriate action, including, but not limited to additional academic assignments.
105.11(h) Additional Student Organization Sanctions
1. In addition to the sanctions listed above, violations by student organizations may also result in revocation of the organization's recognition or revocation of recognition of the organization's officers.
2. A recognized student organization may be sanctioned where a member or members of the organization violated the Code with the knowledge and consent of the organization's officers, or acted in concert with other members of the organization.
VII. MISCELLANEOUS
A. MAINTENANCE OF DISCIPLINARY AND ACADEMIC RECORDS
1. University Policy, State and Federal Law
Disciplinary case records and all supporting documentation will be maintained according to the University policies and applicable State and Federal laws concerning maintenance and disclosure of student records, protection of a student's right of privacy, and the disclosure of personal student information.
2. Campus Policy
The file of a student found in violation of campus regulations (including the transcripts or recordings of the hearing) will be maintained by Student Judicial Affairs for a period of at least five years from the date of the letter providing notice of final disciplinary action, unless otherwise determined by the Dean of Students.
3. Posting on Transcripts
When, as a result of a violation of the Code of Student Conduct, a student is suspended, the fact that suspension was imposed must be posted on the academic transcript for the duration of the suspension. When a student is dismissed, the fact that dismissal was imposed must be posted on the academic transcript permanently.
B. Threats to Health and Safety/Disruptive or Illegal Activity
1. Threats to Health and Safety
In cases involving behavior that is willfully disruptive or presents a threat to the health or safety of others, interim suspension or exclusion pursuant to California Penal Code Section 626 may be invoked in addition to or instead of the initiation of disciplinary action. See Interim Suspension of this Code for Interim Suspension policy. See Disruptive and Illegal Activity for further information regarding Penal Code Section 626.
2. Disruptive and Illegal Activity
Independent of the procedures described above, the Berkeley Campus Chief of Police or other designated officer may exclude disruptive students from the campus under the Berkeley Campus Procedures for Implementing Section 626 of the State Penal Code. Such exclusions may be ordered where there is reasonable cause to believe that the individual has engaged in an activity which (1) willfully disrupts the orderly operation of the campus and (2) is illegal under criminal statutes other than Section 626.4. (See Berkeley Campus Procedures for Implementing Section 626 of the State Penal Code for further information).
C. Application of the Code
Discipline for violations of University policies or campus regulations may be imposed whether or not such violations are also violations of law, and whether or not proceedings are or have been pending in the courts involving the same acts. The proceedings described herein are separate and distinct from criminal or civil proceedings which may arise from identical circumstances and which apply to students as citizens at large. Whenever it is possible and reasonable to do so, student conduct cases will be handled in an informal manner that encourages students to learn from their experiences and be positive contributors to the community.
Students are responsible for informing themselves about their rights and responsibilities with respect to the Code and cannot reasonably claim innocence of a violation of the Code on the grounds of ignorance.
D. Revisions of the Code
The Chancellor consults faculty, staff and students, including representatives of student governments, in the revision of the Berkeley Campus Code of Student Conduct except when such revisions result from changes to Universitywide policies or are specifically mandated by law. Any member of the campus community may submit written proposals to change the provisions of this Code to the Chancellor at any time. Prior to the adoption of a revised Code of Student Conduct, all proposed modifications are submitted to the Office of the Assistant Chancellor for Legal Affairs for review for consistency with Universitywide policies and the law.
All campus and Universitywide policies referenced herein are listed in Appendix I. Copies of such policies are available at Student Judicial Affairs (326 Sproul Hall), Office of Student Life (102 Sproul Hall), Judicial Affairs and Compliance, Office of Student Development (2610 Channing Way) and the Student Advocate's Office (204 Eshleman).
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