Misconduct

Misconduct Essential Info

ALLEGATION OF MISCONDUCT - ESSENTIAL INFORMATION
This brochure is designed to assist students who are accused of misconduct. It summarizes, in everyday language, many important sections of the UCSD Student Conduct Code, referred to in this brochure as the Conduct Code. The complete regulations and policies are found in the Conduct Code. You are encouraged to request a copy of the Conduct Code from the Dean or Resident Dean with whom you are working to resolve this accusation. It is also found on-line at http://ugr8.ucsd.edu/judicial/22_00.html

Assistance is Available
You may request help from:

• Any member of the Dean’s staff - 858-534-2237
• Resident Dean – 858-534-2261
• UCSD Student Legal Services Office - 858-534-4374
• AS/UCSD Student Advocate - 858-534-4450
• Your own attorney or other personal representative

What happens next?
You will be required to attend a meeting with the Dean or a member of the Dean’s staff, during which s/he will review the procedures and invite you to ask any questions about the student conduct process. The Dean or Dean’s staff member will explain the allegation(s) of misconduct against you, and will invite you to participate in an informal resolution of the allegation(s). If you accept 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. If you disagree with the charge(s), or deny any involvement in the misconduct as alleged, you have the right to a formal hearing before a judicial board or hearing officer. The following information is intended to explain the process and help you decide your right to a formal hearing.

What are my rights as an accused student?
The Conduct Code provides certain rights for students accused of misconduct. Read and study the Conduct Code to be fully informed. Here is a brief summary of your many rights:

• You should be offered a summary of a copy of theentire Conduct Code. This document is a summary of the Conduct Code.
• 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 assist 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.
• You are guaranteed a certain number of days to respond at various stages in this process, see Section “I” below.
• 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.

Would it be a good idea for me to...
Simply ignore a summons from the Dean?
No. If you don’t respond to the first notice the Dean or staff member has the authority to evaluate the case solely on the basis of evidence already in hand and, if appropriate, impose penalties. This could happen without your involvement or input.

Contact witnesses, or the person who made the complaint, and try to convince them to withdraw their testimony?
This is proper only in one instance: if you were accused of academic dishonesty, you should meet with the instructor. Some Professors will talk with you only if the Dean is present.

Very Important Note: In non-academic cases, if you or friends try to contact witnesses or the complainant, it could be considered “witness tampering”. Especially if any sort of threat to them is perceived, you might face additional, and much more serious, disciplinary charges.

Bottom Line: what might happen to me?
The Conduct Code lists sanctions which may be imposed. Which ones are selected will depend on the offense, your disciplinary history, and your level of cooperation.

• Warning: a written or verbal notice that another violation will result in more severe discipline.
• Censure: written reprimand.
• Restitution: you can be ordered to make payment to repair damages, reimburse costs, or replace property.
• Community Service: hours of special tasks may be assigned by the Dean.
• Fines or Administrative Charges: may be assessed for certain types of misconduct. Sometimes these may be worked off via hours of Community Service.
• Loss of Privileges, Exclusion from Activities: this sanction will be based on the nature of the misconduct. It could include exclusion from Intramural or Intercollegiate sports; prohibition from entering the Residence Halls; termination of your housing contract; etc.
• Residential Probation: written notice that for a specified period of time, any violation of University/UCSD policies may be cause for further disciplinary action including, but not limited to, termination of the Housing Contract or loss of any “guarantee” of future housing, suspension, or dismissal from UCSD.
• Non-Academic Probation: written notice that if you misbehave again during a specified period of time, you will incur more serious discipline (such as loss of on-campus housing privilege, or Suspension or dismissal from UCSD).
• Suspension: termination of student status for a specified period of time. Certain conditions for your return may be imposed.
• Dismissal: termination of student status for an indefinite period of time. Return requires approval of the Chancellor.
• Exclusion from Areas of Campus or Official University/UCSD Functions: can be imposed, for cause, on a suspended or dismissed student.

What is a hearing like?
A University hearing is intended to be less mysterious or intimidating than a court proceeding. Hearings are closed to the public, unless otherwise agreed to by all participants to the hearing.

1. First the University, then the accused may make a brief opening statement.
2. A University representative will present the case against the accused, introducing witnesses, documents, and other evidence in support of the accusation(s).
3. The accused and then the Hearing Board or Hearing Officer may question each witness.
4. After the University presents its case, then the accused student presents his/her defense. S/he may present evidence and witnesses.
5. Questions may be asked by the University, and then by the Board.
6. Witnesses wait outside the room for their turn to testify. Witnesses should not discuss the case or their testimony with one-another.
7. After each side has presented its case, each may make a brief summary statement.
8. The Judicial Board, or Hearing Officer, deliberates in private, then notifies the Dean of their verdict. The decision is based on “a preponderance of the evidence”, not “guilt beyond a reasonable doubt.”
9. At a Judicial Board hearing, the decision is reached by a simple majority of the Judicial Board members hearing the case. The verdict is binding on the Dean. S/he may not override it. If the verdict is “Guilty”, the Dean may request a recommendation on a sanction(s) from the Judicial Board or Hearing Officer.

Special Rights of the Accused at a Hearing

• The accused should receive timely advance notice of the hearing, such as the time, place, and which judicial body will hear the case.
• A hearing is closed to the public. However, the Dean or presiding officer may approve a request to open the hearing, or may refuse to do so for good cause. However, unless otherwise agreed to by all accused students and all other participants who have a right to privacy under UCSD regulations, the hearing will be closed.
• Either party to the hearing, may request a Pre-Hearing Conference, at which they may challenge various hearing procedures, witnesses, or items of evidence per the Conduct Code. The accused has the right to present witnesses, and to cross-examine the University’s witnesses.
• Members of the Hearing Board should not be prejudiced against the accused. The accused may “challenge” any member, and the Chair will rule whether that member may participate.
• In compliance with PPM 160-2, and upon request of the accused student, UCSD officials shall provide the accused student access to any exculpatory information in their possession, related to the accusations.
• The accused is entitled to be present throughout the hearing. Not attending the hearing shall be construed as conclusive evidence of guilt and the case will be sent back to the Dean for imposition of sanctions.
• The accused may remain silent, and that silence shall not be considered evidence of guilt.
• Minutes or a tape recording of the hearing will be made. The accused may receive a copy upon request.
• At his/her expense and by submitting a written request at least 5 academic days in advance of the hearing, the accused may arrange, through the office of the Student Conduct Coordinator, for a stenographer to attend & make a full hearing transcript.
• If the University makes a transcript, the accused may request a copy for the cost of the copy.
• Decisions must be based solely on “the preponderance of evidence” which was presented at the hearing.
  • Deliberations will exclude the witnesses, the accused, the University official who presents the case, and all others who are not members of the hearing body.
• A student found “guilty” may appeal the verdict and/or the sanction to the College Provost.

Deadlines for Various Actions and Reactions
The following deadlines are established in Section 22.00 of the Conduct Code; you should read these provisions carefully. Note both the number of days allowed for each action and the starting point from which the days are counted. “Academic days” means days when classes are in session or exams are scheduled.

• The Dean or Student Conduct Coordinator (‘SCC’) has a reasonable period of time e.g. 20 academic days from the date s/he receives a complaint of misconduct to review the complaint, decide whether to pursue it, and to notify the student in writing of any charges of misconduct violations. The Dean, or SCC, must also notify the student of the Conduct Code procedures and the availability of Student Legal Services assistance. See Student Conduct Code, Section 22.17.10.
• The student has 10 academic days from the date on the “Misconduct Incident Notice” to contact the Dean’s office and schedule a meeting. See Student Conduct Code, Section 22.17.11
• If there is an Informal Resolution Agreement, it takes effect after the 5th academic day from the date of the agreement. See Student Conduct Code, Section 22.17.15.11.
• The student has 5 academic days from the date of the Informal Resolution Agreement to accept responsibility but request a reduction in the penalty. See Student Conduct Code, Section 22.17.15.13.
• • If the matter proceeds to a formal hearing, the hearing shall be scheduled no sooner than 10 academic days from the date of the notice of the hearing. See Student Conduct Code, Section 22.17.16.12.
• A request for a pre-hearing conference must be in writing and received by the presiding officer at least 5 academic days prior to the date of the hearing.
• The student may object to the time or place of the hearing by making a written request no later than 2 academic days prior to the date of the hearing. See Student Conduct Code, Section 22.17.16.12.
• If the student intends to be assisted by an attorney at the hearing, the student must inform the Dean or SCC of this at least 5 academic days before the hearing. See Student Conduct Code, Section 22.17.16.13.
• A request for a hearing to be open to the public must be submitted to the Dean in writing at least 5 academic days prior to the date of the hearing. See Student Conduct Code, Section 22.17.16.16.
• The judicial board or hearing officer must submit its findings in a report to the Dean within 10 academic days after the conclusion of the hearing, unless the chairperson or hearing officer extends the deadline for good cause. See Student Conduct Code, Section 22.17.16.17.
• The student has 7 academic days from the date the notice of decision was sent to file a written appeal of the verdict or sanction with the College Provost. See Student Conduct Code, Sections 22.20.14. and 22.20.16.
• A notice of the decision on the appeal must be provided to the student within 10 academic days from the date of the appeal. See Student Conduct Code, Section 22.20.18.
• The student has 7 academic days from the date s/he receives notice of the decision on the appeal to file a written request for final review of the appeal by the appropriate Vice Chancellor. See Student Conduct Code, Section 22.20.19.
• The appropriate Vice Chancellor has 26 academic days from the date s/he receives the Provost’s/Graduate Dean’s recommendation to mail written notification of his/her decision to the concerned parties. See Student Conduct Code, Section 22.20.20.

Which Judicial Board would hear my case?
If you request a Formal Hearing, the UCSD Judicial Board to which your case will be assigned depends on the nature of the alleged misconduct as described below:

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