Administration of the Standards of Conduct
Administration of the Standards of Conduct
1.00 General Description and Administration
The University of California, Riverside is committed to providing its students with the best education possible. UCR strives to attract the finest faculty members, maintain excellent educational and research facilities, and support co-curricular activities that enhance students' experience at this campus. UCR also seeks to create an environment that fosters individual growth, the freedom of expression and a sense of community. The viability of this community depends on a common understanding among its members regarding their rights and responsibilities. UC Standards of Conduct for Students (from University of California Policies Applying to Campus Activities, Organizations and Students) lays the foundation for that understanding and governs the conduct of all University of California students. It articulates the University's expectations regarding standards of conduct, both academic, non-academic and with respect to the rights of others.
1.30 Actions in the Courts
The proceedings described here are separate and distinct from criminal or civil proceedings which may arise from identical circumstances and that apply to students as citizens at large. Except under exceptional circumstances, student conduct proceedings shall not be deferred on the grounds that civil or criminal proceedings are pending, nor will they be subject to challenge on the ground that charges involving the same incident have been dismissed or the outcome determined in favor of the student.
At the University of California, Riverside, alleged violation of policies, regulations or rules governing University Housing are normally administered through the Housing Judicial Coordinator, appointed by the Director of Housing. Alleged violations of policies, regulations or rules governing University-owned or operated housing facilities may be resolved in accordance with Housing procedures and/or referred to the Office of Student Judicial Affairs for resolution pursuant to these Standards of Conduct. All disciplinary action taken by the Housing Judicial Coordinator, or any hearing body or officer operates by delegation from the Chancellor through the Vice Chancellor for Administration.
All other violations of UC Standards of Conduct for Students shall be administered in accordance with procedures set forth herin, either through the Office of Judicial Affairs or Student Conduct Committee. The Office of Student Judicial Affairs and Student Conduct Committee operate by delegation from the Chancellor through the Vice Chancellor for Student Affairs and through the Dean of Students.
1.50 Dissemination of the Code
All campus and system-wide policies referenced herein are listed in Appendix A. Copies of such policies are available at the Office of Student Judicial Affairs, Costo 234, the Office of the Dean of Students, Costo 145, and at the Office of the Vice Chancellor for Student Affairs, Hinderaker 2108. The Standards of Conduct are posted here. The University shall disseminate the Standards of Conduct by publishing pertinent portions in the student newspaper each quarter. A student cannot reasonably claim innocence of a violation of the Standards of Conduct on the grounds of ignorance, or because of a cultural or national tradition that may differ from these provisions. Whenever a student is not sure whether a particular action would violate the Standards of Conduct, it is the responsibility of the student to inquire of the Office of Student Judicial Affairs.
1.60 Revisions to the Standards
The Dean of Students shall consult faculty, staff and students, including representatives of student governments, through the Campus Board of Review, in the revision of the University of California, Riverside Standards of Conduct except when such revisions result from changes to system-wide policies or are specifically mandated by law. Any member of the campus community may submit written proposals to change the provisions of these standards to the Dean of Students at any time. Prior to the adoption of a revised Standards of Conduct, all proposed modifications shall be submitted to University Legal Counsel for review for consistency with system-wide policies and the law.
For the purpose of enforcing the UCR Standards of Conduct, the term "student" is defined as an individual who:
- is currently enrolled in or registered with an academic program of the University; or
- has completed the immediately preceding term and is eligible for re-enrollment, including the recess periods between academic quarters; or
- is on an approved educational leave, other approved leave status or disciplinary suspension or is on filing-fee status
These Standards of Conduct also apply to:
- applicants who become students, for offenses committed as part of the application process; or
- applicants who become students, for offenses committed on campus and/or while participating University-related events or activities that take place following a student's submittal of the application through her or her official enrollment; or
- former students for offenses committed while a student
2.20 Recognized Campus Organization and Student Organization
The terms "recognized campus organization" and "student organization" mean any group or organization of students of the University of California, Riverside that has obtained formal status as a registered campus organization.
2.30 Working Days
Working days are defined as days the campus is in session based on the UCR campus' academic calendar, and shall exclude weekends, holidays, and inter-quarter recesses.
3.10 Types of Cases
Cases involving alleged misconduct under the following categories of rules governing student conduct shall be referred to the Office of Student Judicial Affairs or Student Conduct Committee:
- University of California system-wide policies (See Appendix A)
- Campus-wide rules
- Rules established by campus entities (such as departments, residence units, and professional schools) that are applicable to their particular students
3.20 On-Campus Jurisdiction
3.30 Off Campus Jurisdiction
Student conduct that occurs off University property is subject to UCR Standards of Conduct where it 1) adversely affects the health, safety, or security of any member of the University community, or the mission of the University, or 2) involves academic work or any records, or documents of the University. In determining whether or not to exercise jurisdiction over such conduct, the University shall 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, which occurred both on and off University property. Recommendations to extend jurisdiction will be reviewed by the Assistant Vice Chancellor for Student Affairs.
The University may also exercise jurisdiction over student conduct that occurs off campus where, the conduct compromises University neighbor relations.
4.00 Filing and Review of Complaints
4.10 Filing a Complaint
Any member of the UCR community (the UCR Police Department, residential life staff, faculty member, staff or student) may file a complaint, alleging academic or non-academic misconduct by a student or student organization with the Office of Student Judicial Affairs. Complaints must be filed in writing. Complaint report forms may be obtained from the Student Judicial Affairs office (133 Costo Hall) or the Student Judicial Affairs website at conduct.ucr.edu. The report should minimally contain the following information: full names of individual(s) involved (and their contact information, if possible), location of incident(s), date and time of incident(s), complete and concise description of the incident(s), date of report, name and contact information of reporting party. The reporting should attach any relevant supporting documentation or information with the report. The Office of Student Judicial Affairs may independently follow up on information concerning student misconduct from any source, including, but not limited to police and/or press reports, even where no formal complaint has been filed. Complaints from those outside the University community may be filed through the Dean of Students.
4.20 Review of Complaints
Upon receipt of a complaint the Office of Student Judicial Affairs will review the case, determine if complaints have merit, identify alleged violations of UCR Standards, assign charges, and determine how the incident will be adjudicated. The Office of Judicial Affairs will determine how complaints will be adjudicated based on the nature and severity of the alleged violations of Standards in accordance with these guidelines:
- The Office of Student Judicial Affairs will informally addresses cases of alleged misconduct where individual student(s) admit to violating the Standards of Conduct as charged and formally addresses non-academic violations in which a sanction of probation or less is recommended.
- The Offices of Student Judicial Affairs and Student Life and Leadership will jointly hear cases of alleged misconduct by student organizations where a sanction of probation or less is recommended.
- The Student Conduct Committee will hear serious and chronic cases of alleged misconduct where a sanction of suspension or dismissal of student or organizational status are possible.
4.2.1 Cases Involving Allegations of Rape, Sexual Assault, Sexual Harassment and/or Gender Discrimination
In cases involving alleged rape, sexual assault, sexual harassment and/or gender discrimination, the Office of Student Judicial Affairs will refer the report to the Title IX/Sexual Harassment office for investigation. Once an investigations has been completed, Title IX will forward a formal report to Student Judicial Affairs for possible disciplinary action if it is believed a student violated sexual misconduct or sexual harassment policies. If the complainant requests a change in academic, living or work arrangements as a result of the alleged offense, reasonable efforts will be made to accommodate such requests.
4.2.2 Cases Involving Alleged Misconduct by Student Organizations
In cases involving alleged misconduct by student organizations, the Office of Student Judicial Affairs in collaboration with the Student Life and Leadership will conduct the review of specific allegations.
4.2.3 Cases Involving Behavior that Presents a Threat to the Health or Safety of Others
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.
5.00 Notification of Charges
5.0.1 Timing of Notification
For cases to be resolved through Administrative Review, the Office of Student Judicial Affairs shall send Notification of Charges via U.S. mail to a student or student organization within 20 working days of the referral of the matter to the Office of Student Judicial Affairs, except under unusual circumstances as determined in consultation with the Dean of Students. (Note: Case requiring investigation by the Title IX/Sexual Harassment office could take up to an additional 74 days.)
5.0.2 Delivery of Notification and Requests to Reschedule
5.0.3 Presumption of Notification
It shall be conclusively presumed that written notice to the student has been furnished if the notice is sent to the student by U.S. mail to the address most recently filed with the Office of the Registrar, or if undeliverable at a local address, at the permanent address of record.
5.0.4 Notification to Student Organizations
For the purpose of pursuing charges against a recognized student organization, notice shall be delivered to the president, principal officer, contact person or other student designated by the group to act as an agent on behalf of the group. It shall 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 most recently filed with the Office of the Registrar.
5.0.5 Explanation of Notification
The written Notification of Charges shall advise the student or student organization of:
- the University Policy or campus regulation that was allegedly violated
- the factual basis for the charges including, wherever possible, the date, time, and location of the alleged offense
- a statement of the accused student or student organization's right to be assisted by an advisor from the student body, staff, administration or faculty or an attorney (at his or her own expense) at any stage of the disciplinary proceedings
- the opportunity to meet with a staff member of the Office of Student Judicial Affairs to discuss resolution of the charges
- the right to a hearing to contest the allegations
- the Office of Student Judicial Affairs' intent to proceed with unilateral action if the student or the student organization does not meet with Office of Student Judicial Affairs staff or Student Conduct Committee to resolve the charges
5.0.6 Inclusion of Standards of Conduct
Unless previously provided, the Office of Student Judicial Affairs shall provide a copy of the Standards of Conduct and, if applicable, other relevant University policies to the student or student organization with the Notification of Charges.
5.0.7 Reasonable Time to Prepare
Administrative Reviews and Hearings shall be scheduled to permit the parties reasonable time to prepare, and may be held during summer sessions or academic break periods.
6.00 Adjudication of Complaints
6.10 Voluntary Administrative Review
If the student or student organization admits violating the Standards of Conduct as charged, the Office of Student Judicial Affairs (and the Office of Student Life and Leadership and/or the student organization's faculty or staff advisor for student organizations) will meet with the student or student organization to discuss the administrative disposition of the case. Under voluntary administrative review, Student Judicial Affairs (and Student Life and Leadership for student organizations) may not impose sanctions without the student or student organization's consent. The student or student organization is entitled to consult an advisor of choice before giving consent.
6.20 Summary Administrative Review
6.30 Unilateral Disciplinary Action
If the student or student organization has failed or refused to respond, or to participate in or cooperate with the disciplinary process, despite reasonable efforts to contact the student or organization, or the student has withdrawn or failed to re-register while discipline is pending the Office of Student Judicial Affairs (and the Office of Student Life and Leadership for organizations) may impose discipline unilaterally, without the consent of the student or a finding of violation after a formal hearing. Unilateral action may include, but are not limited to:
- Placement of holds on the student's registration, graduation, diploma, or transcripts
- Formal adjudication without the student or organization's presence
If the student has withdrawn or failed to re-register, the decision imposing sanctions shall take effect immediately upon re-admission.
6.40 Student Conduct Committee
- The Student Conduct Committee determines whether students or recognized student organizations have violated the Standards of Conduct and, if so, what action should be taken.
- The Student Conduct Committee is drawn from a pool of sixteen to assure ready availability of hearing panels: Six undergraduate students, two graduate students, four faculty and four staff are appointed annually by the Executive Vice Chancellor. Faculty members are nominated by the Academic Senate; undergraduate members are appointed by the recognized student government; graduate students are nominated by the Graduate Student Association; and staff are nominated by the Vice Chancellor for Student Affairs. Students must have completed at least two terms at UCR before serving on the Committee. Students who have been suspended or are on academic or disciplinary probation, evicted from University Housing for reasons related to conduct, or who have a case pending before the Student Conduct Committee are not eligible to serve as committee members.
- Terms for faculty and staff are two years; students serve for one year (Spring through Spring). Student Conduct Committee members may reapply or be reappointed for additional term(s).
- A quorum of the committee consists of five persons, with at least one student and one faculty or staff member plus the Chair. In the absence of a quorum, the hearing will be rescheduled.
7.00 Hearing Procedures
7.10 Administrative Reviews
Administrative Reviews will be informal and will be conducted according to the following guidelines:
- The Office of Student Judicial Affairs (and Office of Student Life and Leadership for organizations) will explain fully the alleged violation of the Standards of Conduct and share written reports describing the alleged misconduct.
- The student shall be given the opportunity to reply to the allegations and to present her or his account of the incident.
- Any witnesses or other individuals who may have relevant information about the incident may be asked to share this information and to respond to questions by hearing officers and the student.
- On the basis of the information presented, the hearing officer(s) will determine whether or not it is more likely than not that the student is responsible for violating the Standards of Conduct.
- The hearing officer(s) and student or student organization representatives will discuss: how the student or organization's conduct was judged, why the behavior is unacceptable, the impact of conduct on others in the community, causes and motives of the conduct, and alternatives for balancing personal needs with needs and expectations of the community.
- The decision shall be forwarded in writing to the accused in a timely manner.
7.20 Student Conduct Committee Hearings
Student Conduct Committee Hearings will be conducted according to the following guidelines:
7.2.1 Pre-Hearing Conference
All students and student organizations referred to the Student Conduct Committee will be afforded the opportunity to a pre-hearing conference with the Office of Judicial Affairs. The purpose of the conference is:
- To provide the student or student organization with an opportunity to hear the allegations against him or her and the section of the Standards of Conduct upon which the charge(s) are based
- To preview how Student Conduct Committee Hearings work and to explain a student or student organization's procedural rights in disciplinary matters
7.2.2 Consolidated Hearing Assignments
Cases in which more than one student or student organization is charged with violating the same regulation(s) and which depend on common evidence may, at the discretion of the Student Conduct Committee Chair, either be considered jointly in a single consolidated hearing or be assigned to separate, individual hearings.
- Accused student(s) or student organization(s) will be provided access to and/or copies of all the documentary evidence that will be presented in support of the charges at the hearing and a list of witnesses that may be called by the University at the hearing. Any such evidence will be made available for inspection as soon as practicable but in any case no later than three working days before the hearing. The release of information pursuant to this section may be subject to limitations imposed by state and federal law. (See UCR Campus Policy Governing Disclosure of Information from Student Records for further information.)
- No later than three working days prior to the hearing, the accused student or student organization must provide the Chair with copies of documentary evidence to be presented at the hearing and a list of witnesses to be called.
- Any evidence received by the accused student, student organization, or the Chair, shall be provided to the other party as soon as possible prior to the hearing. Any evidence received within three working days of the hearing shall be admissible only upon a showing of good cause, as determined by the Chair of the Student Conduct Committee.
- The privacy interests of the parties should be considered by the hearing authority in making decisions about the introduction of evidence. In cases involving allegations of rape, sexual assault, sexual harassment, or gender discrimination, testimony regarding an individual's sexual history and practices shall not normally be admitted into evidence. In those instances where the accused student or student organization believes that such testimony is directly relevant to the claims and essential to fair resolution of the matter, the student or organization must submit a narrative of that evidence and an explanation of its relevance to the case in a written statement to the Chair at least three working days prior to the hearing. The Chair shall inform the student involved either prior to or at the commencement of the hearing whether such evidence may be admitted as part of the hearing.
7.2.4 Presence of Parties
Hearings shall normally be closed. The student charged and the referring party are both entitled to be present throughout the hearing, but may elect not to appear. The accused student's failure to appear shall not be construed as evidence of culpability.
Witnesses will be excluded from hearings during all testimony but their own.
7.2.5 Assistance at Hearing
The student or organization whose behavior is in question and the complainant, if any, are entitled to assistance of an advisor at the hearing. Advisors may be chosen from among current students, faculty or staff at UCR. The accused student or student organization may be retain an attorney to serve as an advisor at any stage of the proceedings, at his or her own expense. The advisor may consult with the student or organization but may not speak on behalf of the student unless he or she is directed to answer questions raised by Committee members. Any party who intends to be accompanied at a hearing by an advisor must notify the Chair as soon as possible, but no fewer than three working days prior to the hearing date.
7.2.6 Hearing Agenda
The hearing will normally proceed as follows:
The Chair shall rule on all questions of procedure and evidence, including but not limited to: the order of presentation of evidence, admissibility of evidence, applicability of regulations to a particular case, and relevance of testimony. If a challenge arises concerning the constitutionality or legality of an application of any such regulations or policies to a particular case, the hearing shall continue and the challenge may be submitted by the committee in writing to the Vice Chancellor for Student Affairs, who shall seek legal advice from University Legal Counsel.
An orderly hearing shall be maintained and abusive or disruptive people shall be ejected or excluded. Irrelevant and repetitious evidence may be excluded as determined by the Chair.
- A. Student Conduct Committee members will receive and review a copy of the Notification of Charges and documentary evidence provided by the University and the student or student organization.
- B. The Chair will ask all present at the hearing to introduce themselves for the record. The Chair will invite committee members to disqualify themselves from participation in the hearing and invite the student or student organization to request that a member be disqualified as a result of prior involvement in the case or if they believe for any reason that they cannot render a just and fair decision.
- C. The Notification of Charges shall be read aloud and the student or student organization shall be asked to respond to the charges by accepting responsibility, accepting responsibility and noting that there are mitigating circumstances, or denying responsibility for the alleged violations of UCR Standards of Conduct.
- D. Student Judicial Affairs shall present the University's case.
- The Office of Student Judicial Affairs will explain fully the alleged violation(s) of the Standards of Conduct and evidence that supports the allegation(s).
- Any witnesses or other individuals who may have relevant information about the incident may be asked to share this information and to respond to questions. Witnesses may be asked to affirm that their testimony is truthful and may be subject to charges of dishonesty, pursuant to UC Standards of Conduct .
- Students or student organizations have the opportunity to question the University and witnesses.
- Committee members will be given an opportunity to ask questions of the University and witnesses.
- E. The accused student or organization shall have an opportunity to present his/her/its case.
- The student or student organization shall be asked to affirm that their testimony is truthful and may be subject to charges of dishonesty pursuant to UC Standards of Conduct.
- The student or organization shall not be required to give self-incriminating evidence at the hearing and no inference shall be drawn from silence.
- Any witnesses or other individuals who may have relevant information about the incident may be asked to share this information and to respond to questions. Witnesses may be asked to affirm that their testimony is truthful and may be subject to charges of dishonesty, pursuant to UC Standards of Conduct.
- The University shall have the opportunity to question witnesses.
- Committee members will be given an opportunity to ask questions.
- F. The University and the student or student organization will be invited to make closing statements.
- G. The accused student or organization will be advised of the guidelines to be employed in reaching a decision, informed that a written notification of the decision will be sent within twenty working days (20) of the hearing, and alerted to the right to appeal.
7.2.8 Record of the Hearing
Minutes of the proceedings (a written summary of the testimony) will be kept and a copy furnished to the student upon request. In addition, a tape recording of the hearing, but not the deliberations, shall be made and retained as part of the record for as long as the disciplinary record is retained, or for seven (7) years from the date of decision, whichever is shorter. The student or student organization may obtain a copy of the recording upon paying the expense of making such copy. Either party may arrange for a stenographer to make a full transcript of the proceedings. If one party has the proceedings transcribed, arrangements shall be made before the hearing as to how to apportion the cost if both parties want copies. Other than for the purpose of the official record as provided above, mechanical or electronic devices for recording or broadcasting shall be excluded from the hearing.
The committee shall deliberate in closed session to determine whether a student or student organization is responsible or not for the violations in question. The committee shall base its determination on a preponderance of the evidence (is it more likely than not that the accused student committed the violation?), and shall be based only upon evidence received at the hearings. For cases in which the committee determines a student or organization is not responsible for violating the Standards of Conduct no sanctions will be assigned. For cases in which it is determined that the accused student is responsible for violating the Standards of Conduct, the committee will include consideration of the student's or organization's disciplinary record at the University in determining appropriate sanctions. Except in cases in which the disciplinary history of the accused student or organization is a basis of the alleged violation(s) under review (e.g. a continuing pattern of behavior), consideration of that history will occur subsequent to the committee's determination of responsibility.
7.2.10 Report of Student Conduct Committee Hearings
Promptly after the conclusion of the hearing, but never later than twenty (20) working days after the hearing, the Student Conduct Committee Chair shall submit a report to the Director of Student Judicial Affairs and to the Dean of Students. The report shall include findings as to each of the specified charges, and whether the conduct as found does or does not violate the policies or regulations as alleged. Where the decision is not unanimous, a minority report may be submitted. Where appropriate, the report shall identify the sanction(s) to be imposed.
7.2.11 Recommendations for Amendment to Policy/Regulation/Procedures
The Student Conduct Committee, apart from its recommendation on a particular disciplinary case, may recommend to the Dean of Students the modification of any University policy and/or campus regulation (including these procedures) for stated reasons.
8.00 Notice of the Decision
8.00 Notice of the Decision
The Office of Judicial Affairs or the Student Conduct Committee Chair will notify the accused student of the decision promptly after the conclusion of the Administrative Review or Hearing, but not later than twenty (20) business days after the Review or Hearing. Notice of the decision shall be given as follows:
- To the Accused Student or Student Organization: The Office of Judicial Affairs or the Chair shall provide written notice to the student or organization of the decision in the case.
- To the Referring Party: If the referring party is a faculty member or campus official, copies of the Office of Judicial Affairs or the Student Conduct Committee's report and the decision may be provided, in accordance with legitimate educational interest criteria as articulated by the Family Education Rights and Privacy Act.
- To the Alleged Victim of a Crime of Violence: If the referral involved a violent crime, the alleged victim of the crime must be informed of the results of any disciplinary action and appeal, in accordance with law and University policy.
9.00 Maintenance of Disciplinary Records
9.00 Maintenance of Disciplinary Records
The record of a disciplinary case and all supporting documentation shall 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.
The file of a student found in violation of campus regulations (including the transcripts or recordings of the hearing) will be maintained by the Office of Student Judicial Affairs for a period of at least seven years from the date of the letter providing notice of final disciplinary action, unless otherwise determined by the Dean of Students. When, as a result of a violation of the Standards of 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.
10.00 Appeal of Student Judicial Affairs or Student Conduct Committee Decisions
10.00 Appeal of Student Judicial Affairs or Student Conduct Committee Decisions
Appeals of a decision by Student Judicial Affairs or the Student Conduct Committee shall be addressed to the Dean of Students. Within ten (10) working days of receiving written notification of the decision, either the charged student or student organization (or Student Judicial Affairs, for cases heard by the Student Conduct Committee) may submit a written appeal to the Dean of Students. When such an appeal is submitted by a party, the Dean of Students must promptly send a copy of the appeal to the other party. Within five working days of receiving the copy, the other party may submit a written response to the Dean of Students.
The filing of a timely appeal suspends the imposition of sanctions until the appeal is decided, but interim action may be taken as determined by the Dean of Students. Grades or degrees may be withheld pending conclusion of the appeal.
An appeal must be based on newly discovered evidence that was not available at the time of the hearing, significant procedural error, or upon other evidence or arguments, which, for good cause, should be considered.
The Dean of Students shall make the final determination of all cases appealed under these regulations. Except in cases where the appeal is based upon newly discovered evidence, the Dean of Students shall review the record of the hearing and will not consider evidence that was not part of that record, other than the student or student organization's prior discipline record, if any.
The Dean of Students may approve, reject, or modify the decision and sanction in question, or require that the original hearing be re-opened. Where the appeal is based upon new evidence, the case may be referred back to the hearing authority for further consideration. The action taken shall be communicated in writing to the student or student organization, the Office of Student Judicial Affairs, and the Student Conduct Committee Chair within fifteen working days after receipt of the appeal and related documents.